H.R. 2617, Consolidated Appropriations Act, 2023 (Dec. 22, 2022)
Summary
A Senate amendment to House amendment to Senate amendment on House bill 2617, dated December 22, 2022, in the Senate of the United States. The Senate resolved that the bill from the House of Representatives, an Act to amend section 1115 of title 31, United States Code, to amend the description of how performance goals are achieved, and for other purposes, do pass with the amendment. Section 1 gives the short title Consolidated Appropriations Act, 2023, and the table of contents lists Division C (Department of Defense Appropriations Act, 2023) and Division F (Department of Homeland Security Appropriations Act, 2023). Section 227 bars use of funds in the Act to reduce the Coast Guard’s legacy Operations Systems Center mission or its staff levels.
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Cite this document
“H.R. 2617, Consolidated Appropriations Act, 2023 (Dec. 22, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr2617eas2-bills-117hr2617eas2/
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In the Senate of the United States,
December 22, 2022.
Resolved, That the bill from the House of Representa-
tives (H.R. 2617) entitled ‘‘An Act to amend section 1115 of
title 31, United States Code, to amend the description of how
performance goals are achieved, and for other purposes.’’, do
pass with the following
SENATE AMENDMENT TO HOUSE AMENDMENT TO
SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
House in Senate amendment 4, insert the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Consolidated Appropria-
3 tions Act, 2023’’.
4 SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
2
Sec. 6. Adjustments to compensation.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2023
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
2023
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2023
Title I—Department of the Treasury
Title II—Executive Office of the President and Funds Appropriated to the Presi-
dent
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent Agencies
Title VI—General Provisions—This Act
Title VII—General Provisions—Government-wide
Title VIII—General Provisions—District of Columbia
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DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2023
Title I—Departmental Management, Intelligence, Situational Awareness, and
Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2023
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2023
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOP-
MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
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Title IV—General Provisions—This Act
DIVISION M—ADDITIONAL UKRAINE SUPPLEMENTAL
APPROPRIATIONS ACT, 2023
DIVISION N—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS
ACT, 2023
DIVISION O—EXTENDERS AND TECHNICAL CORRECTIONS
Title I—National Cybersecurity Protection System Authorization Extension
Title II—NDAA Technical Corrections
Title III—Immigration Extensions
Title IV—Environment and Public Works Matters
Title V—Safety Enhancements
Title VI—Extension of Temporary Order for Fentanyl-Related Substances
Title VII—Federal Trade Commission Oversight of Horseracing Integrity and
Safety Authority
Title VIII—United States Parole Commission Extension
Title IX—Extension of FCC Auction Authority
Title X—Budgetary Effects
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DIVISION P—ELECTORAL COUNT REFORM AND PRESIDENTIAL
TRANSITION IMPROVEMENT
DIVISION Q—AVIATION RELATED MATTERS
DIVISION R—NO TIKTOK ON GOVERNMENT DEVICES
DIVISION S—OCEANS RELATED MATTERS
DIVISION T—SECURE 2.0 ACT OF 2022
DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH
DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IM-
PROVEMENT ACT OF 2022
DIVISION V—STRONG VETERANS ACT OF 2022
DIVISION W—UNLEASHING AMERICAN INNOVATORS ACT OF 2022
DIVISION X—EXTENSION OF AUTHORIZATION FOR SPECIAL
ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND
DIVISION Y—CONTRACT ACT OF 2022
DIVISION Z—COVS ACT
DIVISION AA—FINANCIAL SERVICES MATTERS
DIVISION BB—CONSUMER PROTECTION AND COMMERCE
DIVISION CC—WATER RELATED MATTERS
DIVISION DD—PUBLIC LAND MANAGEMENT
DIVISION EE—POST OFFICE DESIGNATIONS
DIVISION FF—HEALTH AND HUMAN SERVICES
DIVISION GG—MERGER FILING FEE MODERNIZATION
DIVISION HH—AGRICULTURE
DIVISION II—PREGNANT WORKERS
DIVISION JJ—NORTH ATLANTIC RIGHT WHALES
DIVISION KK—PUMP FOR NURSING MOTHERS ACT
DIVISION LL—STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
DIVISION MM—FAIRNESS FOR 9/11 FAMILIES ACT
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
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1 be treated as referring only to the provisions of that divi-
2 sion.
3 SEC. 4. EXPLANATORY STATEMENT.
4 The explanatory statement regarding this Act, printed
5 in the Senate section of the Congressional Record on or
6 about December 19, 2022, and submitted by the chair of
7 the Committee on Appropriations of the Senate, shall have
8 the same effect with respect to the allocation of funds and
9 implementation of divisions A through L of this Act as if
10 it were a joint explanatory statement of a committee of con-
11 ference.
12 SEC. 5. STATEMENT OF APPROPRIATIONS.
13 The following sums in this Act are appropriated, out
14 of any money in the Treasury not otherwise appropriated,
15 for the fiscal year ending September 30, 2023.
16 SEC. 6. ADJUSTMENTS TO COMPENSATION.
17 Notwithstanding any other provision of law, no adjust-
18 ment shall be made under section 601(a) of the Legislative
19 Reorganization Act of 1946 (2 U.S.C. 4501) (relating to
20 cost of living adjustments for Members of Congress) during
21 fiscal year 2023.
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1 DIVISION A—AGRICULTURE, RURAL DE-
2 VELOPMENT, FOOD AND DRUG ADMIN-
3 ISTRATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2023
5 TITLE I
6 AGRICULTURAL PROGRAMS
7 PROCESSING, RESEARCH, AND MARKETING
8 OFFICE OF THE SECRETARY
9 (INCLUDING TRANSFERS OF FUNDS)
10 For necessary expenses of the Office of the Secretary,
11 $65,067,000 of which not to exceed $7,432,000 shall be
12 available for the immediate Office of the Secretary; not to
13 exceed $1,396,000 shall be available for the Office of Home-
14 land Security; not to exceed $5,190,000 shall be available
15 for the Office of Tribal Relations, of which $1,000,000 shall
16 be to establish a Tribal Public Health Resource Center at
17 a land grant university with existing indigenous public
18 health expertise to expand current partnerships and collabo-
19 rative efforts with indigenous groups, including but not
20 limited to, tribal organizations and institutions such as
21 tribal colleges, tribal technical colleges, tribal community
22 colleges and tribal universities, to improve the delivery of
23 culturally appropriate public health services and functions
24 in American Indian communities focusing on indigenous
25 food sovereignty; not to exceed $9,280,000 shall be available
† HR 2617 EAS2
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1 for the Office of Partnerships and Public Engagement, of
2 which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to
3 exceed $28,422,000 shall be available for the Office of the
4 Assistant Secretary for Administration, of which
5 $26,716,000 shall be available for Departmental Adminis-
6 tration to provide for necessary expenses for management
7 support services to offices of the Department and for general
8 administration, security, repairs and alterations, and other
9 miscellaneous supplies and expenses not otherwise provided
10 for and necessary for the practical and efficient work of the
11 Department: Provided, That funds made available by this
12 Act to an agency in the Administration mission area for
13 salaries and expenses are available to fund up to one ad-
14 ministrative support staff for the Office; not to exceed
15 $4,609,000 shall be available for the Office of Assistant Sec-
16 retary for Congressional Relations and Intergovernmental
17 Affairs to carry out the programs funded by this Act, in-
18 cluding programs involving intergovernmental affairs and
19 liaison within the executive branch; and not to exceed
20 $8,738,000 shall be available for the Office of Communica-
21 tions: Provided further, That the Secretary of Agriculture
22 is authorized to transfer funds appropriated for any office
23 of the Office of the Secretary to any other office of the Office
24 of the Secretary: Provided further, That no appropriation
25 for any office shall be increased or decreased by more than
† HR 2617 EAS2
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1 5 percent: Provided further, That not to exceed $22,000 of
2 the amount made available under this paragraph for the
3 immediate Office of the Secretary shall be available for offi-
4 cial reception and representation expenses, not otherwise
5 provided for, as determined by the Secretary: Provided fur-
6 ther, That the amount made available under this heading
7 for Departmental Administration shall be reimbursed from
8 applicable appropriations in this Act for travel expenses in-
9 cident to the holding of hearings as required by 5 U.S.C.
10 551–558: Provided further, That funds made available
11 under this heading for the Office of the Assistant Secretary
12 for Congressional Relations and Intergovernmental Affairs
13 shall be transferred to agencies of the Department of Agri-
14 culture funded by this Act to maintain personnel at the
15 agency level: Provided further, That no funds made avail-
16 able under this heading for the Office of Assistant Secretary
17 for Congressional Relations may be obligated after 30 days
18 from the date of enactment of this Act, unless the Secretary
19 has notified the Committees on Appropriations of both
20 Houses of Congress on the allocation of these funds by
21 USDA agency: Provided further, That during any 30 day
22 notification period referenced in section 716 of this Act, the
23 Secretary of Agriculture shall take no action to begin imple-
24 mentation of the action that is subject to section 716 of this
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1 Act or make any public announcement of such action in
2 any form.
3 EXECUTIVE OPERATIONS
4 OFFICE OF THE CHIEF ECONOMIST
5 For necessary expenses of the Office of the Chief Econo-
6 mist, $28,181,000, of which $8,000,000 shall be for grants
7 or cooperative agreements for policy research under 7
8 U.S.C. 3155: Provided, That of the amounts made available
9 under this heading, $500,000 shall be available to carry out
10 section 224 of subtitle A of the Department of Agriculture
11 Reorganization Act of 1994 (7 U.S.C. 6924), as amended
12 by section 12504 of Public Law 115–334.
13 OFFICE OF HEARINGS AND APPEALS
14 For necessary expenses of the Office of Hearings and
15 Appeals, $16,703,000.
16 OFFICE OF BUDGET AND PROGRAM ANALYSIS
17 For necessary expenses of the Office of Budget and Pro-
18 gram Analysis, $14,967,000.
19 OFFICE OF THE CHIEF INFORMATION OFFICER
20 For necessary expenses of the Office of the Chief Infor-
21 mation Officer, $92,284,000, of which not less than
22 $77,428,000 is for cybersecurity requirements of the depart-
23 ment.
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER
2 For necessary expenses of the Office of the Chief Finan-
3 cial Officer, $7,367,000.
4 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
5 RIGHTS
6 For necessary expenses of the Office of the Assistant
7 Secretary for Civil Rights, $1,466,000: Provided, That
8 funds made available by this Act to an agency in the Civil
9 Rights mission area for salaries and expenses are available
10 to fund up to one administrative support staff for the Office.
11 OFFICE OF CIVIL RIGHTS
12 For necessary expenses of the Office of Civil Rights,
13 $37,595,000.
14 AGRICULTURE BUILDINGS AND FACILITIES
15 (INCLUDING TRANSFERS OF FUNDS)
16 For payment of space rental and related costs pursu-
17 ant to Public Law 92–313, including authorities pursuant
18 to the 1984 delegation of authority from the Administrator
19 of General Services to the Department of Agriculture under
20 40 U.S.C. 121, for programs and activities of the Depart-
21 ment which are included in this Act, and for alterations
22 and other actions needed for the Department and its agen-
23 cies to consolidate unneeded space into configurations suit-
24 able for release to the Administrator of General Services,
25 and for the operation, maintenance, improvement, and re-
† HR 2617 EAS2
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1 pair of Agriculture buildings and facilities, and for related
2 costs, $40,581,000, to remain available until expended.
3 HAZARDOUS MATERIALS MANAGEMENT
4 (INCLUDING TRANSFERS OF FUNDS)
5 For necessary expenses of the Department of Agri-
6 culture, to comply with the Comprehensive Environmental
7 Response, Compensation, and Liability Act (42 U.S.C.
8 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
9 6901 et seq.), $7,581,000, to remain available until ex-
10 pended: Provided, That appropriations and funds available
11 herein to the Department for Hazardous Materials Manage-
12 ment may be transferred to any agency of the Department
13 for its use in meeting all requirements pursuant to the
14 above Acts on Federal and non-Federal lands.
15 OFFICE OF SAFETY, SECURITY, AND PROTECTION
16 For necessary expenses of the Office of Safety, Security,
17 and Protection, $21,800,000.
18 OFFICE OF INSPECTOR GENERAL
19 For necessary expenses of the Office of Inspector Gen-
20 eral, including employment pursuant to the Inspector Gen-
21 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.),
22 $111,561,000, including such sums as may be necessary for
23 contracting and other arrangements with public agencies
24 and private persons pursuant to section 6(a)(9) of the In-
25 spector General Act of 1978 (Public Law 95–452; 5 U.S.C.
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1 App.), and including not to exceed $125,000 for certain con-
2 fidential operational expenses, including the payment of in-
3 formants, to be expended under the direction of the Inspec-
4 tor General pursuant to the Inspector General Act of 1978
5 (Public Law 95–452; 5 U.S.C. App.) and section 1337 of
6 the Agriculture and Food Act of 1981 (Public Law 97–98).
7 OFFICE OF THE GENERAL COUNSEL
8 For necessary expenses of the Office of the General
9 Counsel, $60,537,000.
10 OFFICE OF ETHICS
11 For necessary expenses of the Office of Ethics,
12 $5,556,000.
13 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
14 EDUCATION, AND ECONOMICS
15 For necessary expenses of the Office of the Under Sec-
16 retary for Research, Education, and Economics,
17 $2,384,000: Provided, That funds made available by this
18 Act to an agency in the Research, Education, and Econom-
19 ics mission area for salaries and expenses are available to
20 fund up to one administrative support staff for the Office:
21 Provided further, That of the amounts made available
22 under this heading, $1,000,000 shall be made available for
23 the Office of the Chief Scientist.
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1 ECONOMIC RESEARCH SERVICE
2 For necessary expenses of the Economic Research Serv-
3 ice, $92,612,000.
4 NATIONAL AGRICULTURAL STATISTICS SERVICE
5 For necessary expenses of the National Agricultural
6 Statistics Service, $211,076,000, of which up to $66,413,000
7 shall be available until expended for the Census of Agri-
8 culture: Provided, That amounts made available for the
9 Census of Agriculture may be used to conduct Current In-
10 dustrial Report surveys subject to 7 U.S.C. 2204g(d) and
11 (f).
12 AGRICULTURAL RESEARCH SERVICE
13 SALARIES AND EXPENSES
14 For necessary expenses of the Agricultural Research
15 Service and for acquisition of lands by donation, exchange,
16 or purchase at a nominal cost not to exceed $100, and for
17 land exchanges where the lands exchanged shall be of equal
18 value or shall be equalized by a payment of money to the
19 grantor which shall not exceed 25 percent of the total value
20 of the land or interests transferred out of Federal ownership,
21 $1,744,279,000: Provided, That appropriations hereunder
22 shall be available for the operation and maintenance of air-
23 craft and the purchase of not to exceed one for replacement
24 only: Provided further, That appropriations hereunder shall
25 be available pursuant to 7 U.S.C. 2250 for the construction,
† HR 2617 EAS2
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1 alteration, and repair of buildings and improvements, but
2 unless otherwise provided, the cost of constructing any one
3 building shall not exceed $500,000, except for headhouses
4 or greenhouses which shall each be limited to $1,800,000,
5 except for 10 buildings to be constructed or improved at
6 a cost not to exceed $1,100,000 each, and except for four
7 buildings to be constructed at a cost not to exceed
8 $5,000,000 each, and the cost of altering any one building
9 during the fiscal year shall not exceed 10 percent of the cur-
10 rent replacement value of the building or $500,000, which-
11 ever is greater: Provided further, That appropriations here-
12 under shall be available for entering into lease agreements
13 at any Agricultural Research Service location for the con-
14 struction of a research facility by a non-Federal entity for
15 use by the Agricultural Research Service and a condition
16 of the lease shall be that any facility shall be owned, oper-
17 ated, and maintained by the non-Federal entity and shall
18 be removed upon the expiration or termination of the lease
19 agreement: Provided further, That the limitations on alter-
20 ations contained in this Act shall not apply to moderniza-
21 tion or replacement of existing facilities at Beltsville, Mary-
22 land: Provided further, That appropriations hereunder
23 shall be available for granting easements at the Beltsville
24 Agricultural Research Center: Provided further, That the
25 foregoing limitations shall not apply to replacement of
† HR 2617 EAS2
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1 buildings needed to carry out the Act of April 24, 1948 (21
2 U.S.C. 113a): Provided further, That appropriations here-
3 under shall be available for granting easements at any Ag-
4 ricultural Research Service location for the construction of
5 a research facility by a non-Federal entity for use by, and
6 acceptable to, the Agricultural Research Service and a con-
7 dition of the easements shall be that upon completion the
8 facility shall be accepted by the Secretary, subject to the
9 availability of funds herein, if the Secretary finds that ac-
10 ceptance of the facility is in the interest of the United
11 States: Provided further, That funds may be received from
12 any State, other political subdivision, organization, or in-
13 dividual for the purpose of establishing or operating any
14 research facility or research project of the Agricultural Re-
15 search Service, as authorized by law.
16 BUILDINGS AND FACILITIES
17 For the acquisition of land, construction, repair, im-
18 provement, extension, alteration, and purchase of fixed
19 equipment or facilities as necessary to carry out the agricul-
20 tural research programs of the Department of Agriculture,
21 where not otherwise provided, $74,297,000 to remain avail-
22 able until expended, of which $56,697,000 shall be for the
23 purposes, and in the amounts, specified for this account in
24 the table titled ‘‘Community Project Funding/Congression-
25 ally Directed Spending’’ in the explanatory statement de-
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1 scribed in section 4 (in the matter preceding division A of
2 this consolidated Act).
3 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
4 RESEARCH AND EDUCATION ACTIVITIES
5 For payments to agricultural experiment stations, for
6 cooperative forestry and other research, for facilities, and
7 for other expenses, $1,094,121,000 which shall be for the
8 purposes, and in the amounts, specified in the table titled
9 ‘‘National Institute of Food and Agriculture, Research and
10 Education Activities’’ in the explanatory statement de-
11 scribed in section 4 (in the matter preceding division A of
12 this consolidated Act): Provided, That funds for research
13 grants for 1994 institutions, education grants for 1890 in-
14 stitutions, Hispanic serving institutions education grants,
15 capacity building for non-land-grant colleges of agriculture,
16 the agriculture and food research initiative, veterinary
17 medicine loan repayment, multicultural scholars, graduate
18 fellowship and institution challenge grants, grants manage-
19 ment systems, tribal colleges education equity grants, and
20 scholarships at 1890 institutions shall remain available
21 until expended: Provided further, That each institution eli-
22 gible to receive funds under the Evans-Allen program re-
23 ceives no less than $1,000,000: Provided further, That funds
24 for education grants for Alaska Native and Native Hawai-
25 ian-serving institutions be made available to individual eli-
† HR 2617 EAS2
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1 gible institutions or consortia of eligible institutions with
2 funds awarded equally to each of the States of Alaska and
3 Hawaii: Provided further, That funds for providing grants
4 for food and agricultural sciences for Alaska Native and
5 Native Hawaiian-Serving institutions and for Insular
6 Areas shall remain available until September 30, 2024:
7 Provided further, That funds for education grants for 1890
8 institutions shall be made available to institutions eligible
9 to receive funds under 7 U.S.C. 3221 and 3222: Provided
10 further, That not more than 5 percent of the amounts made
11 available by this or any other Act to carry out the Agri-
12 culture and Food Research Initiative under 7 U.S.C. 3157
13 may be retained by the Secretary of Agriculture to pay ad-
14 ministrative costs incurred by the Secretary in carrying out
15 that authority.
16 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
17 For the Native American Institutions Endowment
18 Fund authorized by Public Law 103–382 (7 U.S.C. 301
19 note), $11,880,000, to remain available until expended.
20 EXTENSION ACTIVITIES
21 For payments to States, the District of Columbia,
22 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
23 Northern Marianas, and American Samoa, $565,410,000
24 which shall be for the purposes, and in the amounts, speci-
25 fied in the table titled ‘‘National Institute of Food and Agri-
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1 culture, Extension Activities’’ in the explanatory statement
2 described in section 4 (in the matter preceding division A
3 of this consolidated Act): Provided, That funds for extension
4 services at 1994 institutions and for facility improvements
5 at 1890 institutions shall remain available until expended:
6 Provided further, That institutions eligible to receive funds
7 under 7 U.S.C. 3221 for cooperative extension receive no
8 less than $1,000,000: Provided further, That funds for coop-
9 erative extension under sections 3(b) and (c) of the Smith-
10 Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of
11 Public Law 93–471 shall be available for retirement and
12 employees’ compensation costs for extension agents.
13 INTEGRATED ACTIVITIES
14 For the integrated research, education, and extension
15 grants programs, including necessary administrative ex-
16 penses, $41,500,000, which shall be for the purposes, and
17 in the amounts, specified in the table titled ‘‘National Insti-
18 tute of Food and Agriculture, Integrated Activities’’ in the
19 explanatory statement described in section 4 (in the matter
20 preceding division A of this consolidated Act): Provided,
21 That funds for the Food and Agriculture Defense Initiative
22 shall remain available until September 30, 2024: Provided
23 further, That notwithstanding any other provision of law,
24 indirect costs shall not be charged against any Extension
25 Implementation Program Area grant awarded under the
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1 Crop Protection/Pest Management Program (7 U.S.C.
2 7626).
3 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
4 REGULATORY PROGRAMS
5 For necessary expenses of the Office of the Under Sec-
6 retary for Marketing and Regulatory Programs, $1,617,000:
7 Provided, That funds made available by this Act to an
8 agency in the Marketing and Regulatory Programs mission
9 area for salaries and expenses are available to fund up to
10 one administrative support staff for the Office.
11 ANIMAL AND PLANT HEALTH INSPECTION SERVICE
12 SALARIES AND EXPENSES
13 (INCLUDING TRANSFERS OF FUNDS)
14 For necessary expenses of the Animal and Plant
15 Health Inspection Service, including up to $30,000 for rep-
16 resentation allowances and for expenses pursuant to the
17 Foreign Service Act of 1980 (22 U.S.C. 4085),
18 $1,171,071,000 of which up to $9,552,000 shall be for the
19 purposes, and in the amounts, specified for this account in
20 the table titled ‘‘Community Project Funding/Congression-
21 ally Directed Spending’’ in the explanatory statement de-
22 scribed in section 4 (in the matter preceding division A of
23 this consolidated Act); of which $514,000, to remain avail-
24 able until expended, shall be available for the control of out-
25 breaks of insects, plant diseases, animal diseases and for
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1 control of pest animals and birds (‘‘contingency fund’’) to
2 the extent necessary to meet emergency conditions; of which
3 $15,450,000, to remain available until expended, shall be
4 used for the cotton pests program, including for cost share
5 purposes or for debt retirement for active eradication zones;
6 of which $39,183,000, to remain available until expended,
7 shall be for Animal Health Technical Services; of which
8 $4,096,000 shall be for activities under the authority of the
9 Horse Protection Act of 1970, as amended (15 U.S.C. 1831);
10 of which $64,930,000, to remain available until expended,
11 shall be used to support avian health; of which $4,251,000,
12 to remain available until expended, shall be for information
13 technology infrastructure; of which $216,117,000, to remain
14 available until expended, shall be for specialty crop pests,
15 of which $8,500,000, to remain available until September
16 30, 2024, shall be for one-time control and management and
17 associated activities directly related to the multiple-agency
18 response to citrus greening; of which, $14,986,000, to re-
19 main available until expended, shall be for field crop and
20 rangeland ecosystem pests; of which $21,567,000, to remain
21 available until expended, shall be for zoonotic disease man-
22 agement; of which $44,067,000, to remain available until
23 expended, shall be for emergency preparedness and response;
24 of which $62,562,000, to remain available until expended,
25 shall be for tree and wood pests; of which $6,500,000, to
† HR 2617 EAS2
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1 remain available until expended, shall be for the National
2 Veterinary Stockpile; of which up to $1,500,000, to remain
3 available until expended, shall be for the scrapie program
4 for indemnities; of which $2,500,000, to remain available
5 until expended, shall be for the wildlife damage manage-
6 ment program for aviation safety: Provided, That of
7 amounts available under this heading for wildlife services
8 methods development, $1,000,000 shall remain available
9 until expended: Provided further, That of amounts available
10 under this heading for the screwworm program, $4,990,000
11 shall remain available until expended; of which
12 $24,527,000, to remain available until expended, shall be
13 used to carry out the science program and transition activi-
14 ties for the National Bio and Agro-defense Facility located
15 in Manhattan, Kansas: Provided further, That no funds
16 shall be used to formulate or administer a brucellosis eradi-
17 cation program for the current fiscal year that does not re-
18 quire minimum matching by the States of at least 40 per-
19 cent: Provided further, That this appropriation shall be
20 available for the purchase, replacement, operation, and
21 maintenance of aircraft: Provided further, That in addi-
22 tion, in emergencies which threaten any segment of the agri-
23 cultural production industry of the United States, the Sec-
24 retary may transfer from other appropriations or funds
25 available to the agencies or corporations of the Department
† HR 2617 EAS2
23
1 such sums as may be deemed necessary, to be available only
2 in such emergencies for the arrest and eradication of con-
3 tagious or infectious disease or pests of animals, poultry,
4 or plants, and for expenses in accordance with sections
5 10411 and 10417 of the Animal Health Protection Act (7
6 U.S.C. 8310 and 8316) and sections 431 and 442 of the
7 Plant Protection Act (7 U.S.C. 7751 and 7772), and any
8 unexpended balances of funds transferred for such emer-
9 gency purposes in the preceding fiscal year shall be merged
10 with such transferred amounts: Provided further, That ap-
11 propriations hereunder shall be available pursuant to law
12 (7 U.S.C. 2250) for the repair and alteration of leased
13 buildings and improvements, but unless otherwise provided
14 the cost of altering any one building during the fiscal year
15 shall not exceed 10 percent of the current replacement value
16 of the building.
17 In fiscal year 2023, the agency is authorized to collect
18 fees to cover the total costs of providing technical assistance,
19 goods, or services requested by States, other political sub-
20 divisions, domestic and international organizations, foreign
21 governments, or individuals, provided that such fees are
22 structured such that any entity’s liability for such fees is
23 reasonably based on the technical assistance, goods, or serv-
24 ices provided to the entity by the agency, and such fees shall
25 be reimbursed to this account, to remain available until ex-
† HR 2617 EAS2
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1 pended, without further appropriation, for providing such
2 assistance, goods, or services.
3 BUILDINGS AND FACILITIES
4 For plans, construction, repair, preventive mainte-
5 nance, environmental support, improvement, extension, al-
6 teration, and purchase of fixed equipment or facilities, as
7 authorized by 7 U.S.C. 2250, and acquisition of land as
8 authorized by 7 U.S.C. 2268a, $3,175,000, to remain avail-
9 able until expended.
10 AGRICULTURAL MARKETING SERVICE
11 MARKETING SERVICES
12 For necessary expenses of the Agricultural Marketing
13 Service, $237,695,000, of which $7,504,000 shall be avail-
14 able for the purposes of section 12306 of Public Law 113–
15 79, and of which $1,000,000 shall be available for the pur-
16 poses of section 779 of division A of Public Law 117–103:
17 Provided, That of the amounts made available under this
18 heading, $25,000,000, to remain available until expended,
19 shall be to carry out section 12513 of Public Law 115–334,
20 of which $23,000,000 shall be for dairy business innovation
21 initiatives established in Public Law 116–6 and the Sec-
22 retary shall take measures to ensure an equal distribution
23 of funds between these three regional innovation initiatives:
24 Provided further, That this appropriation shall be available
25 pursuant to law (7 U.S.C. 2250) for the alteration and re-
† HR 2617 EAS2
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1 pair of buildings and improvements, but the cost of altering
2 any one building during the fiscal year shall not exceed 10
3 percent of the current replacement value of the building.
4 Fees may be collected for the cost of standardization
5 activities, as established by regulation pursuant to law (31
6 U.S.C. 9701), except for the cost of activities relating to the
7 development or maintenance of grain standards under the
8 United States Grain Standards Act, 7 U.S.C. 71 et seq.
9 LIMITATION ON ADMINISTRATIVE EXPENSES
10 Not to exceed $62,596,000 (from fees collected) shall be
11 obligated during the current fiscal year for administrative
12 expenses: Provided, That if crop size is understated and/
13 or other uncontrollable events occur, the agency may exceed
14 this limitation by up to 10 percent with notification to the
15 Committees on Appropriations of both Houses of Congress.
16 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
17 SUPPLY (SECTION 32)
18 (INCLUDING TRANSFERS OF FUNDS)
19 Funds available under section 32 of the Act of August
20 24, 1935 (7 U.S.C. 612c), shall be used only for commodity
21 program expenses as authorized therein, and other related
22 operating expenses, except for: (1) transfers to the Depart-
23 ment of Commerce as authorized by the Fish and Wildlife
24 Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
25 provided in this Act; and (3) not more than $21,501,000
† HR 2617 EAS2
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1 for formulation and administration of marketing agree-
2 ments and orders pursuant to the Agricultural Marketing
3 Agreement Act of 1937 and the Agricultural Act of 1961
4 (Public Law 87–128).
5 PAYMENTS TO STATES AND POSSESSIONS
6 For payments to departments of agriculture, bureaus
7 and departments of markets, and similar agencies for mar-
8 keting activities under section 204(b) of the Agricultural
9 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
10 LIMITATION ON INSPECTION AND WEIGHING SERVICES
11 EXPENSES
12 Not to exceed $55,000,000 (from fees collected) shall be
13 obligated during the current fiscal year for inspection and
14 weighing services: Provided, That if grain export activities
15 require additional supervision and oversight, or other un-
16 controllable factors occur, this limitation may be exceeded
17 by up to 10 percent with notification to the Committees
18 on Appropriations of both Houses of Congress.
19 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
20 For necessary expenses of the Office of the Under Sec-
21 retary for Food Safety, $1,117,000: Provided, That funds
22 made available by this Act to an agency in the Food Safety
23 mission area for salaries and expenses are available to fund
24 up to one administrative support staff for the Office.
† HR 2617 EAS2
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1 FOOD SAFETY AND INSPECTION SERVICE
2 For necessary expenses to carry out services authorized
3 by the Federal Meat Inspection Act, the Poultry Products
4 Inspection Act, and the Egg Products Inspection Act, in-
5 cluding not to exceed $10,000 for representation allowances
6 and for expenses pursuant to section 8 of the Act approved
7 August 3, 1956 (7 U.S.C. 1766), $1,158,266,000; and in
8 addition, $1,000,000 may be credited to this account from
9 fees collected for the cost of laboratory accreditation as au-
10 thorized by section 1327 of the Food, Agriculture, Conserva-
11 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
12 funds provided for the Public Health Data Communication
13 Infrastructure system shall remain available until ex-
14 pended: Provided further, That no fewer than 148 full-time
15 equivalent positions shall be employed during fiscal year
16 2023 for purposes dedicated solely to inspections and en-
17 forcement related to the Humane Methods of Slaughter Act
18 (7 U.S.C. 1901 et seq.): Provided further, That the Food
19 Safety and Inspection Service shall continue implementa-
20 tion of section 11016 of Public Law 110–246 as further
21 clarified by the amendments made in section 12106 of Pub-
22 lic Law 113–79: Provided further, That this appropriation
23 shall be available pursuant to law (7 U.S.C. 2250) for the
24 alteration and repair of buildings and improvements, but
25 the cost of altering any one building during the fiscal year
† HR 2617 EAS2
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1 shall not exceed 10 percent of the current replacement value
2 of the building.
† HR 2617 EAS2
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1 TITLE II
2 FARM PRODUCTION AND CONSERVATION
3 PROGRAMS
4 OFFICE OF THE UNDER SECRETARY FOR FARM
5 PRODUCTION AND CONSERVATION
6 For necessary expenses of the Office of the Under Sec-
7 retary for Farm Production and Conservation, $1,727,000:
8 Provided, That funds made available by this Act to an
9 agency in the Farm Production and Conservation mission
10 area for salaries and expenses are available to fund up to
11 one administrative support staff for the Office.
12 FARM PRODUCTION AND CONSERVATION BUSINESS
13 CENTER
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFERS OF FUNDS)
16 For necessary expenses of the Farm Production and
17 Conservation Business Center, $248,684,000: Provided,
18 That $60,228,000 of amounts appropriated for the current
19 fiscal year pursuant to section 1241(a) of the Farm Secu-
20 rity and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
21 shall be transferred to and merged with this account.
† HR 2617 EAS2
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1 FARM SERVICE AGENCY
2 SALARIES AND EXPENSES
3 (INCLUDING TRANSFERS OF FUNDS)
4 For necessary expenses of the Farm Service Agency,
5 $1,215,307,000, of which not less than $15,000,000 shall be
6 for the hiring of new employees to fill vacancies and antici-
7 pated vacancies at Farm Service Agency county offices and
8 farm loan officers and shall be available until September
9 30, 2024: Provided, That not more than 50 percent of the
10 funding made available under this heading for information
11 technology related to farm program delivery may be obli-
12 gated until the Secretary submits to the Committees on Ap-
13 propriations of both Houses of Congress, and receives writ-
14 ten or electronic notification of receipt from such Commit-
15 tees of, a plan for expenditure that (1) identifies for each
16 project/investment over $25,000 (a) the functional and per-
17 formance capabilities to be delivered and the mission bene-
18 fits to be realized, (b) the estimated lifecycle cost for the
19 entirety of the project/investment, including estimates for
20 development as well as maintenance and operations, and
21 (c) key milestones to be met; (2) demonstrates that each
22 project/investment is, (a) consistent with the Farm Service
23 Agency Information Technology Roadmap, (b) being man-
24 aged in accordance with applicable lifecycle management
25 policies and guidance, and (c) subject to the applicable De-
† HR 2617 EAS2
31
1 partment’s capital planning and investment control re-
2 quirements; and (3) has been reviewed by the Government
3 Accountability Office and approved by the Committees on
4 Appropriations of both Houses of Congress: Provided fur-
5 ther, That the agency shall submit a report by the end of
6 the fourth quarter of fiscal year 2023 to the Committees on
7 Appropriations and the Government Accountability Office,
8 that identifies for each project/investment that is oper-
9 ational (a) current performance against key indicators of
10 customer satisfaction, (b) current performance of service
11 level agreements or other technical metrics, (c) current per-
12 formance against a pre-established cost baseline, (d) a de-
13 tailed breakdown of current and planned spending on oper-
14 ational enhancements or upgrades, and (e) an assessment
15 of whether the investment continues to meet business needs
16 as intended as well as alternatives to the investment: Pro-
17 vided further, That the Secretary is authorized to use the
18 services, facilities, and authorities (but not the funds) of
19 the Commodity Credit Corporation to make program pay-
20 ments for all programs administered by the Agency: Pro-
21 vided further, That other funds made available to the Agen-
22 cy for authorized activities may be advanced to and merged
23 with this account: Provided further, That of the amount ap-
24 propriated under this heading, $696,594,000 shall be made
25 available to county committees, to remain available until
† HR 2617 EAS2
32
1 expended: Provided further, That, notwithstanding the pre-
2 ceding proviso, any funds made available to county com-
3 mittees in the current fiscal year that the Administrator
4 of the Farm Service Agency deems to exceed or not meet
5 the amount needed for the county committees may be trans-
6 ferred to or from the Farm Service Agency for necessary
7 expenses: Provided further, That none of the funds available
8 to the Farm Service Agency shall be used to close Farm
9 Service Agency county offices: Provided further, That none
10 of the funds available to the Farm Service Agency shall be
11 used to permanently relocate county based employees that
12 would result in an office with two or fewer employees with-
13 out prior notification and approval of the Committees on
14 Appropriations of both Houses of Congress.
15 STATE MEDIATION GRANTS
16 For grants pursuant to section 502(b) of the Agricul-
17 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106),
18 $7,000,000.
19 GRASSROOTS SOURCE WATER PROTECTION PROGRAM
20 For necessary expenses to carry out wellhead or
21 groundwater protection activities under section 1240O of
22 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
23 $7,500,000, to remain available until expended.
† HR 2617 EAS2
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1 DAIRY INDEMNITY PROGRAM
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses involved in making indemnity
4 payments to dairy farmers and manufacturers of dairy
5 products under a dairy indemnity program, such sums as
6 may be necessary, to remain available until expended: Pro-
7 vided, That such program is carried out by the Secretary
8 in the same manner as the dairy indemnity program de-
9 scribed in the Agriculture, Rural Development, Food and
10 Drug Administration, and Related Agencies Appropria-
11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
12 12).
13 GEOGRAPHICALLY DISADVANTAGED FARMERS AND
14 RANCHERS
15 For necessary expenses to carry out direct reimburse-
16 ment payments to geographically disadvantaged farmers
17 and ranchers under section 1621 of the Food Conservation,
18 and Energy Act of 2008 (7 U.S.C. 8792), $4,000,000, to
19 remain available until expended.
20 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
21 ACCOUNT
22 (INCLUDING TRANSFERS OF FUNDS)
23 For gross obligations for the principal amount of di-
24 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.)
25 and operating (7 U.S.C. 1941 et seq.) loans, emergency
† HR 2617 EAS2
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1 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition
2 loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989),
3 guaranteed conservation loans (7 U.S.C. 1924 et seq.), re-
4 lending program (7 U.S.C. 1936c), and Indian highly
5 fractionated land loans (25 U.S.C. 5136) to be available
6 from funds in the Agricultural Credit Insurance Fund, as
7 follows: $3,500,000,000 for guaranteed farm ownership
8 loans and $3,100,000,000 for farm ownership direct loans;
9 $2,118,491,000 for unsubsidized guaranteed operating loans
10 and $1,633,333,000 for direct operating loans; emergency
11 loans, $4,062,000; Indian tribe land acquisition loans,
12 $20,000,000; guaranteed conservation loans, $150,000,000;
13 relending program, $61,426,000; Indian highly fractionated
14 land loans, $5,000,000; and for boll weevil eradication pro-
15 gram loans, $60,000,000: Provided, That the Secretary shall
16 deem the pink bollworm to be a boll weevil for the purpose
17 of boll weevil eradication program loans.
18 For the cost of direct and guaranteed loans and grants,
19 including the cost of modifying loans as defined in section
20 502 of the Congressional Budget Act of 1974, as follows:
21 $249,000 for emergency loans, to remain available until ex-
22 pended; and $23,520,000 for direct farm operating loans,
23 $11,228,000 for unsubsidized guaranteed farm operating
24 loans, $10,983,000 for the relending program, and $894,000
25 for Indian highly fractionated land loans.
† HR 2617 EAS2
35
1 In addition, for administrative expenses necessary to
2 carry out the direct and guaranteed loan programs,
3 $326,461,000: Provided, That of this amount, $305,803,000
4 shall be transferred to and merged with the appropriation
5 for ‘‘Farm Service Agency, Salaries and Expenses’’.
6 Funds appropriated by this Act to the Agricultural
7 Credit Insurance Program Account for farm ownership, op-
8 erating and conservation direct loans and guaranteed loans
9 may be transferred among these programs: Provided, That
10 the Committees on Appropriations of both Houses of Con-
11 gress are notified at least 15 days in advance of any trans-
12 fer.
13 RISK MANAGEMENT AGENCY
14 SALARIES AND EXPENSES
15 For necessary expenses of the Risk Management Agen-
16 cy, $66,870,000: Provided, That $1,000,000 of the amount
17 appropriated under this heading in this Act shall be avail-
18 able for compliance and integrity activities required under
19 section 516(b)(2)(C) of the Federal Crop Insurance Act of
20 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
21 amounts otherwise provided for such purpose: Provided fur-
22 ther, That not to exceed $1,000 shall be available for official
23 reception and representation expenses, as authorized by 7
24 U.S.C. 1506(i).
† HR 2617 EAS2
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1 NATURAL RESOURCES CONSERVATION SERVICE
2 CONSERVATION OPERATIONS
3 For necessary expenses for carrying out the provisions
4 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including
5 preparation of conservation plans and establishment of
6 measures to conserve soil and water (including farm irriga-
7 tion and land drainage and such special measures for soil
8 and water management as may be necessary to prevent
9 floods and the siltation of reservoirs and to control agricul-
10 tural related pollutants); operation of conservation plant
11 materials centers; classification and mapping of soil; dis-
12 semination of information; acquisition of lands, water, and
13 interests therein for use in the plant materials program by
14 donation, exchange, or purchase at a nominal cost not to
15 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
16 2268a); purchase and erection or alteration or improvement
17 of permanent and temporary buildings; and operation and
18 maintenance of aircraft, $941,124,000, to remain available
19 until September 30, 2024, of which up to $22,973,000 shall
20 be for the purposes, and in the amounts, specified for this
21 account in the table titled ‘‘Community Project Funding/
22 Congressionally Directed Spending’’ in the explanatory
23 statement described in section 4 (in the matter preceding
24 division A of this consolidated Act): Provided further, That
25 appropriations hereunder shall be available pursuant to 7
† HR 2617 EAS2
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1 U.S.C. 2250 for construction and improvement of buildings
2 and public improvements at plant materials centers, except
3 that the cost of alterations and improvements to other build-
4 ings and other public improvements shall not exceed
5 $250,000: Provided further, That when buildings or other
6 structures are erected on non-Federal land, that the right
7 to use such land is obtained as provided in 7 U.S.C. 2250a.
8 WATERSHED AND FLOOD PREVENTION OPERATIONS
9 For necessary expenses to carry out preventive meas-
10 ures, including but not limited to surveys and investiga-
11 tions, engineering operations, works of improvement, and
12 changes in use of land, in accordance with the Watershed
13 Protection and Flood Prevention Act (16 U.S.C. 1001–1005
14 and 1007–1009) and in accordance with the provisions of
15 laws relating to the activities of the Department,
16 $75,000,000, to remain available until expended, of which
17 up to $20,591,000 shall be for the purposes, and in the
18 amounts, specified for this account in the table titled ‘‘Com-
19 munity Project Funding/Congressionally Directed Spend-
20 ing’’ in the explanatory statement described in section 4
21 (in the matter preceding division A of this consolidated
22 Act): Provided, That for funds provided by this Act or any
23 other prior Act, the limitation regarding the size of the wa-
24 tershed or subwatershed exceeding two hundred and fifty
25 thousand acres in which such activities can be undertaken
† HR 2617 EAS2
38
1 shall only apply for activities undertaken for the primary
2 purpose of flood prevention (including structural and land
3 treatment measures): Provided further, That of the amounts
4 made available under this heading, $10,000,000 shall be al-
5 located to projects and activities that can commence
6 promptly following enactment; that address regional prior-
7 ities for flood prevention, agricultural water management,
8 inefficient irrigation systems, fish and wildlife habitat, or
9 watershed protection; or that address authorized ongoing
10 projects under the authorities of section 13 of the Flood Con-
11 trol Act of December 22, 1944 (Public Law 78–534) with
12 a primary purpose of watershed protection by preventing
13 floodwater damage and stabilizing stream channels, tribu-
14 taries, and banks to reduce erosion and sediment transport:
15 Provided further, That of the amounts made available
16 under this heading, $10,000,000 shall remain available
17 until expended for the authorities under 16 U.S.C. 1001–
18 1005 and 1007–1009 for authorized ongoing watershed
19 projects with a primary purpose of providing water to rural
20 communities.
21 WATERSHED REHABILITATION PROGRAM
22 Under the authorities of section 14 of the Watershed
23 Protection and Flood Prevention Act, $2,000,000 is pro-
24 vided.
† HR 2617 EAS2
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1 HEALTHY FORESTS RESERVE PROGRAM
2 For necessary expenses to carry out the Healthy For-
3 ests Reserve Program under the Healthy Forests Restora-
4 tion Act of 2003 (16 U.S.C. 6571–6578), $7,000,000, to re-
5 main available until expended.
6 URBAN AGRICULTURE AND INNOVATIVE PRODUCTION
7 For necessary expenses to carry out the Urban Agri-
8 culture and Innovative Production Program under section
9 222 of subtitle A of the Department of Agriculture Reorga-
10 nization Act of 1994 (7 U.S.C. 6923), as added by section
11 12302 of Public Law 115–334, $8,500,000.
12 CORPORATIONS
13 The following corporations and agencies are hereby au-
14 thorized to make expenditures, within the limits of funds
15 and borrowing authority available to each such corporation
16 or agency and in accord with law, and to make contracts
17 and commitments without regard to fiscal year limitations
18 as provided by section 104 of the Government Corporation
19 Control Act as may be necessary in carrying out the pro-
20 grams set forth in the budget for the current fiscal year for
21 such corporation or agency, except as hereinafter provided.
22 FEDERAL CROP INSURANCE CORPORATION FUND
23 For payments as authorized by section 516 of the Fed-
24 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may
25 be necessary, to remain available until expended.
† HR 2617 EAS2
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1 COMMODITY CREDIT CORPORATION FUND
2 REIMBURSEMENT FOR NET REALIZED LOSSES
3 (INCLUDING TRANSFERS OF FUNDS)
4 For the current fiscal year, such sums as may be nec-
5 essary to reimburse the Commodity Credit Corporation for
6 net realized losses sustained, but not previously reimbursed,
7 pursuant to section 2 of the Act of August 17, 1961 (15
8 U.S.C. 713a–11): Provided, That of the funds available to
9 the Commodity Credit Corporation under section 11 of the
10 Commodity Credit Corporation Charter Act (15 U.S.C.
11 714i) for the conduct of its business with the Foreign Agri-
12 cultural Service, up to $5,000,000 may be transferred to
13 and used by the Foreign Agricultural Service for informa-
14 tion resource management activities of the Foreign Agricul-
15 tural Service that are not related to Commodity Credit Cor-
16 poration business: Provided further, That the Secretary
17 shall notify the Committees on Appropriations of the House
18 and Senate in writing 15 days prior to the obligation or
19 commitment of any emergency funds from the Commodity
20 Credit Corporation.
21 HAZARDOUS WASTE MANAGEMENT
22 (LIMITATION ON EXPENSES)
23 For the current fiscal year, the Commodity Credit Cor-
24 poration shall not expend more than $15,000,000 for site
25 investigation and cleanup expenses, and operations and
† HR 2617 EAS2
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1 maintenance expenses to comply with the requirement of
2 section 107(g) of the Comprehensive Environmental Re-
3 sponse, Compensation, and Liability Act (42 U.S.C.
4 9607(g)), and section 6001 of the Solid Waste Disposal Act
5 (42 U.S.C. 6961).
† HR 2617 EAS2
42
1 TITLE III
2 RURAL DEVELOPMENT PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR RURAL
4 DEVELOPMENT
5 For necessary expenses of the Office of the Under Sec-
6 retary for Rural Development, $1,620,000: Provided, That
7 funds made available by this Act to an agency in the Rural
8 Development mission area for salaries and expenses are
9 available to fund up to one administrative support staff for
10 the Office.
11 RURAL DEVELOPMENT
12 SALARIES AND EXPENSES
13 (INCLUDING TRANSFERS OF FUNDS)
14 For necessary expenses for carrying out the adminis-
15 tration and implementation of Rural Development pro-
16 grams, including activities with institutions concerning the
17 development and operation of agricultural cooperatives; and
18 for cooperative agreements; $351,087,000: Provided, That of
19 the amount made available under this heading, up to
20 $5,000,000, to remain available until September 30, 2024,
21 shall be for the Rural Partners Network activities of the
22 Department of Agriculture, and may be transferred to other
23 agencies of the Department for such purpose, consistent
24 with the missions and authorities of such agencies: Provided
25 further, That of the amount made available under this head-
† HR 2617 EAS2
43
1 ing, no less than $135,000,000, to remain available until
2 expended, shall be used for information technology expenses:
3 Provided further, That notwithstanding any other provision
4 of law, funds appropriated under this heading may be used
5 for advertising and promotional activities that support
6 Rural Development programs: Provided further, That in
7 addition to any other funds appropriated for purposes au-
8 thorized by section 502(i) of the Housing Act of 1949 (42
9 U.S.C. 1472(i)), any amounts collected under such section,
10 as amended by this Act, will immediately be credited to
11 this account and will remain available until expended for
12 such purposes.
13 RURAL HOUSING SERVICE
14 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
15 (INCLUDING TRANSFERS OF FUNDS)
16 For gross obligations for the principal amount of di-
17 rect and guaranteed loans as authorized by title V of the
18 Housing Act of 1949, to be available from funds in the rural
19 housing insurance fund, as follows: $1,250,000,000 shall be
20 for direct loans, $7,500,000 shall be for a Single Family
21 Housing Relending demonstration program for Native
22 American Tribes, and $30,000,000,000 shall be for unsub-
23 sidized guaranteed loans; $28,000,000 for section 504 hous-
24 ing repair loans; $70,000,000 for section 515 rental hous-
25 ing; $400,000,000 for section 538 guaranteed multi-family
† HR 2617 EAS2
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1 housing loans; $10,000,000 for credit sales of single family
2 housing acquired property; $5,000,000 for section 523 self-
3 help housing land development loans; and $5,000,000 for
4 section 524 site development loans.
5 For the cost of direct and guaranteed loans, including
6 the cost of modifying loans, as defined in section 502 of
7 the Congressional Budget Act of 1974, as follows: section
8 502 loans, $46,375,000 shall be for direct loans; Single
9 Family Housing Relending demonstration program for Na-
10 tive American Tribes, $2,468,000; section 504 housing re-
11 pair loans, $2,324,000; section 523 self-help housing land
12 development loans, $267,000; section 524 site development
13 loans, $208,000; and repair, rehabilitation, and new con-
14 struction of section 515 rental housing, $13,377,000: Pro-
15 vided, That to support the loan program level for section
16 538 guaranteed loans made available under this heading
17 the Secretary may charge or adjust any fees to cover the
18 projected cost of such loan guarantees pursuant to the provi-
19 sions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
20 seq.), and the interest on such loans may not be subsidized:
21 Provided further, That applicants in communities that have
22 a current rural area waiver under section 541 of the Hous-
23 ing Act of 1949 (42 U.S.C. 1490q) shall be treated as living
24 in a rural area for purposes of section 502 guaranteed loans
25 provided under this heading: Provided further, That of the
† HR 2617 EAS2
45
1 amounts available under this paragraph for section 502 di-
2 rect loans, no less than $5,000,000 shall be available for
3 direct loans for individuals whose homes will be built pur-
4 suant to a program funded with a mutual and self-help
5 housing grant authorized by section 523 of the Housing Act
6 of 1949 until June 1, 2023: Provided further, That the Sec-
7 retary shall implement provisions to provide incentives to
8 nonprofit organizations and public housing authorities to
9 facilitate the acquisition of Rural Housing Service (RHS)
10 multifamily housing properties by such nonprofit organiza-
11 tions and public housing authorities that commit to keep
12 such properties in the RHS multifamily housing program
13 for a period of time as determined by the Secretary, with
14 such incentives to include, but not be limited to, the fol-
15 lowing: allow such nonprofit entities and public housing
16 authorities to earn a Return on Investment on their own
17 resources to include proceeds from low income housing tax
18 credit syndication, own contributions, grants, and developer
19 loans at favorable rates and terms, invested in a deal; and
20 allow reimbursement of organizational costs associated with
21 owner’s oversight of asset referred to as ‘‘Asset Management
22 Fee’’ of up to $7,500 per property.
23 In addition, for the cost of direct loans and grants,
24 including the cost of modifying loans, as defined in section
25 502 of the Congressional Budget Act of 1974, $36,000,000,
† HR 2617 EAS2
46
1 to remain available until expended, for a demonstration
2 program for the preservation and revitalization of the sec-
3 tions 514, 515, and 516 multi-family rental housing prop-
4 erties to restructure existing USDA multi-family housing
5 loans, as the Secretary deems appropriate, expressly for the
6 purposes of ensuring the project has sufficient resources to
7 preserve the project for the purpose of providing safe and
8 affordable housing for low-income residents and farm labor-
9 ers including reducing or eliminating interest; deferring
10 loan payments, subordinating, reducing or re-amortizing
11 loan debt; and other financial assistance including ad-
12 vances, payments and incentives (including the ability of
13 owners to obtain reasonable returns on investment) required
14 by the Secretary: Provided, That the Secretary shall, as
15 part of the preservation and revitalization agreement, ob-
16 tain a restrictive use agreement consistent with the terms
17 of the restructuring.
18 In addition, for the cost of direct loans, grants, and
19 contracts, as authorized by sections 514 and 516 of the
20 Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,084,000,
21 to remain available until expended, for direct farm labor
22 housing loans and domestic farm labor housing grants and
23 contracts.
24 In addition, for administrative expenses necessary to
25 carry out the direct and guaranteed loan programs,
† HR 2617 EAS2
47
1 $412,254,000 shall be paid to the appropriation for ‘‘Rural
2 Development, Salaries and Expenses’’.
3 RENTAL ASSISTANCE PROGRAM
4 For rental assistance agreements entered into or re-
5 newed pursuant to the authority under section 521(a)(2)
6 of the Housing Act of 1949 or agreements entered into in
7 lieu of debt forgiveness or payments for eligible households
8 as authorized by section 502(c)(5)(D) of the Housing Act
9 of 1949, $1,487,926,000, and in addition such sums as may
10 be necessary, as authorized by section 521(c) of the Act, to
11 liquidate debt incurred prior to fiscal year 1992 to carry
12 out the rental assistance program under section 521(a)(2)
13 of the Act: Provided, That rental assistance agreements en-
14 tered into or renewed during the current fiscal year shall
15 be funded for a one-year period: Provided further, That
16 upon request by an owner of a project financed by an exist-
17 ing loan under section 514 or 515 of the Act, the Secretary
18 may renew the rental assistance agreement for a period of
19 20 years or until the term of such loan has expired, subject
20 to annual appropriations: Provided further, That any un-
21 expended balances remaining at the end of such one-year
22 agreements may be transferred and used for purposes of any
23 debt reduction, maintenance, repair, or rehabilitation of
24 any existing projects; preservation; and rental assistance
25 activities authorized under title V of the Act: Provided fur-
† HR 2617 EAS2
48
1 ther, That rental assistance provided under agreements en-
2 tered into prior to fiscal year 2023 for a farm labor multi-
3 family housing project financed under section 514 or 516
4 of the Act may not be recaptured for use in another project
5 until such assistance has remained unused for a period of
6 12 consecutive months, if such project has a waiting list
7 of tenants seeking such assistance or the project has rental
8 assistance eligible tenants who are not receiving such assist-
9 ance: Provided further, That such recaptured rental assist-
10 ance shall, to the extent practicable, be applied to another
11 farm labor multi-family housing project financed under sec-
12 tion 514 or 516 of the Act: Provided further, That except
13 as provided in the fourth proviso under this heading and
14 notwithstanding any other provision of the Act, the Sec-
15 retary may recapture rental assistance provided under
16 agreements entered into prior to fiscal year 2023 for a
17 project that the Secretary determines no longer needs rental
18 assistance and use such recaptured funds for current needs.
19 RURAL HOUSING VOUCHER ACCOUNT
20 For the rural housing voucher program as authorized
21 under section 542 of the Housing Act of 1949, but notwith-
22 standing subsection (b) of such section, $48,000,000, to re-
23 main available until expended: Provided, That the funds
24 made available under this heading shall be available for
25 rural housing vouchers to any low-income household (in-
† HR 2617 EAS2
49
1 cluding those not receiving rental assistance) residing in
2 a property financed with a section 515 loan which has been
3 prepaid or otherwise paid off after September 30, 2005:
4 Provided further, That the amount of such voucher shall be
5 the difference between comparable market rent for the sec-
6 tion 515 unit and the tenant paid rent for such unit: Pro-
7 vided further, That funds made available for such vouchers
8 shall be subject to the availability of annual appropriations:
9 Provided further, That the Secretary shall, to the maximum
10 extent practicable, administer such vouchers with current
11 regulations and administrative guidance applicable to sec-
12 tion 8 housing vouchers administered by the Secretary of
13 the Department of Housing and Urban Development: Pro-
14 vided further, That in addition to any other available
15 funds, the Secretary may expend not more than $1,000,000
16 total, from the program funds made available under this
17 heading, for administrative expenses for activities funded
18 under this heading.
19 MUTUAL AND SELF-HELP HOUSING GRANTS
20 For grants and contracts pursuant to section
21 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c),
22 $32,000,000, to remain available until expended.
23 RURAL HOUSING ASSISTANCE GRANTS
24 For grants for very low-income housing repair and
25 rural housing preservation made by the Rural Housing
† HR 2617 EAS2
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1 Service, as authorized by 42 U.S.C. 1474, and 1490m,
2 $48,000,000, to remain available until expended.
3 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
4 (INCLUDING TRANSFERS OF FUNDS)
5 For gross obligations for the principal amount of di-
6 rect and guaranteed loans as authorized by section 306 and
7 described in section 381E(d)(1) of the Consolidated Farm
8 and Rural Development Act, $2,800,000,000 for direct loans
9 and $650,000,000 for guaranteed loans.
10 For the cost of direct loans, loan guarantees and
11 grants, including the cost of modifying loans, as defined
12 in section 502 of the Congressional Budget Act of 1974, for
13 rural community facilities programs as authorized by sec-
14 tion 306 and described in section 381E(d)(1) of the Consoli-
15 dated Farm and Rural Development Act, $341,490,328, to
16 remain available until expended, of which up to
17 $325,490,328 shall be for the purposes, and in the amounts,
18 specified for this account in the table titled ‘‘Community
19 Project Funding/Congressionally Directed Spending’’ in the
20 explanatory statement described in section 4 (in the matter
21 preceding division A of this consolidated Act): Provided,
22 That $6,000,000 of the amount appropriated under this
23 heading shall be available for a Rural Community Develop-
24 ment Initiative: Provided further, That such funds shall be
25 used solely to develop the capacity and ability of private,
† HR 2617 EAS2
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1 nonprofit community-based housing and community devel-
2 opment organizations, low-income rural communities, and
3 Federally Recognized Native American Tribes to undertake
4 projects to improve housing, community facilities, commu-
5 nity and economic development projects in rural areas: Pro-
6 vided further, That such funds shall be made available to
7 qualified private, nonprofit and public intermediary orga-
8 nizations proposing to carry out a program of financial
9 and technical assistance: Provided further, That such inter-
10 mediary organizations shall provide matching funds from
11 other sources, including Federal funds for related activities,
12 in an amount not less than funds provided: Provided fur-
13 ther, That any unobligated balances from prior year appro-
14 priations under this heading for the cost of direct loans,
15 loan guarantees and grants, including amounts deobligated
16 or cancelled, may be made available to cover the subsidy
17 costs for direct loans and or loan guarantees under this
18 heading in this fiscal year: Provided further, That no
19 amounts may be made available pursuant to the preceding
20 proviso from amounts that were designated by the Congress
21 as an emergency requirement pursuant to a Concurrent
22 Resolution on the Budget or the Balanced Budget and
23 Emergency Deficit Control Act of 1985, or that were speci-
24 fied in the table titled ‘‘Community Project Funding/Con-
25 gressionally Directed Spending’’ in the explanatory state-
† HR 2617 EAS2
52
1 ment for division A of Public Law 117-103 described in
2 section 4 in the matter preceding such division A: Provided
3 further, That $10,000,000 of the amount appropriated
4 under this heading shall be available for community facili-
5 ties grants to tribal colleges, as authorized by section
6 306(a)(19) of such Act: Provided further, That sections
7 381E–H and 381N of the Consolidated Farm and Rural
8 Development Act are not applicable to the funds made
9 available under this heading.
10 RURAL BUSINESS—COOPERATIVE SERVICE
11 RURAL BUSINESS PROGRAM ACCOUNT
12 For the cost of loan guarantees and grants, for the
13 rural business development programs authorized by section
14 310B and described in subsections (a), (c), (f) and (g) of
15 section 310B of the Consolidated Farm and Rural Develop-
16 ment Act, $86,520,000, to remain available until expended:
17 Provided, That of the amount appropriated under this
18 heading, not to exceed $500,000 shall be made available for
19 one grant to a qualified national organization to provide
20 technical assistance for rural transportation in order to
21 promote economic development and $9,000,000 shall be for
22 grants to the Delta Regional Authority (7 U.S.C. 2009aa
23 et seq.), the Northern Border Regional Commission (40
24 U.S.C. 15101 et seq.), and the Appalachian Regional Com-
25 mission (40 U.S.C. 14101 et seq.) for any Rural Commu-
† HR 2617 EAS2
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1 nity Advancement Program purpose as described in section
2 381E(d) of the Consolidated Farm and Rural Development
3 Act, of which not more than 5 percent may be used for ad-
4 ministrative expenses: Provided further, That $4,000,000 of
5 the amount appropriated under this heading shall be for
6 business grants to benefit Federally Recognized Native
7 American Tribes, including $250,000 for a grant to a quali-
8 fied national organization to provide technical assistance
9 for rural transportation in order to promote economic de-
10 velopment: Provided further, That of the amount appro-
11 priated under this heading, $2,000,000 shall be for the
12 Rural Innovation Stronger Economy Grant Program (7
13 U.S.C. 2008w): Provided further, That sections 381E–H
14 and 381N of the Consolidated Farm and Rural Develop-
15 ment Act are not applicable to funds made available under
16 this heading.
17 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
18 (INCLUDING TRANSFER OF FUNDS)
19 For the principal amount of direct loans, as authorized
20 by the Intermediary Relending Program Fund Account (7
21 U.S.C. 1936b), $18,889,000.
22 For the cost of direct loans, $3,313,000, as authorized
23 by the Intermediary Relending Program Fund Account (7
24 U.S.C. 1936b), of which $331,000 shall be available through
25 June 30, 2023, for Federally Recognized Native American
† HR 2617 EAS2
54
1 Tribes; and of which $663,000 shall be available through
2 June 30, 2023, for Mississippi Delta Region counties (as
3 determined in accordance with Public Law 100–460): Pro-
4 vided, That such costs, including the cost of modifying such
5 loans, shall be as defined in section 502 of the Congressional
6 Budget Act of 1974.
7 In addition, for administrative expenses to carry out
8 the direct loan programs, $4,468,000 shall be paid to the
9 appropriation for ‘‘Rural Development, Salaries and Ex-
10 penses’’.
11 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
12 ACCOUNT
13 For the principal amount of direct loans, as authorized
14 under section 313B(a) of the Rural Electrification Act, for
15 the purpose of promoting rural economic development and
16 job creation projects, $75,000,000.
17 The cost of grants authorized under section 313B(a)
18 of the Rural Electrification Act, for the purpose of pro-
19 moting rural economic development and job creation
20 projects shall not exceed $15,000,000.
21 RURAL COOPERATIVE DEVELOPMENT GRANTS
22 For rural cooperative development grants authorized
23 under section 310B(e) of the Consolidated Farm and Rural
24 Development Act (7 U.S.C. 1932), $28,300,000, of which
25 $3,500,000 shall be for cooperative agreements for the ap-
† HR 2617 EAS2
55
1 propriate technology transfer for rural areas program: Pro-
2 vided, That not to exceed $3,000,000 shall be for grants for
3 cooperative development centers, individual cooperatives, or
4 groups of cooperatives that serve socially disadvantaged
5 groups and a majority of the boards of directors or gov-
6 erning boards of which are comprised of individuals who
7 are members of socially disadvantaged groups; and of which
8 $16,000,000, to remain available until expended, shall be
9 for value-added agricultural product market development
10 grants, as authorized by section 210A of the Agricultural
11 Marketing Act of 1946, of which $3,000,000, to remain
12 available until expended, shall be for Agriculture Innova-
13 tion Centers authorized pursuant to section 6402 of Public
14 Law 107–171.
15 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
16 For the principal amount of direct loans as authorized
17 by section 379E of the Consolidated Farm and Rural Devel-
18 opment Act (7 U.S.C. 2008s), $25,000,000.
19 For the cost of loans and grants, $6,000,000 under the
20 same terms and conditions as authorized by section 379E
21 of the Consolidated Farm and Rural Development Act (7
22 U.S.C. 2008s).
23 RURAL ENERGY FOR AMERICA PROGRAM
24 For the principal amount of loan guarantees, under
25 the same terms and conditions as authorized by section
† HR 2617 EAS2
56
1 9007 of the Farm Security and Rural Investment Act of
2 2002 (7 U.S.C. 8107), $20,000,000.
3 For the cost of a program of loan guarantees, under
4 the same terms and conditions as authorized by section
5 9007 of the Farm Security and Rural Investment Act of
6 2002 (7 U.S.C. 8107), $18,000: Provided, That the cost of
7 loan guarantees, including the cost of modifying such loans,
8 shall be as defined in section 502 of the Congressional Budg-
9 et Act of 1974.
10 HEALTHY FOOD FINANCING INITIATIVE
11 For the cost of loans and grants that is consistent with
12 section 243 of subtitle D of title II of the Department of
13 Agriculture Reorganization Act of 1994 (7 U.S.C. 6953),
14 as added by section 4206 of the Agricultural Act of 2014,
15 for necessary expenses of the Secretary to support projects
16 that provide access to healthy food in underserved areas,
17 to create and preserve quality jobs, and to revitalize low-
18 income communities, $3,000,000, to remain available until
19 expended: Provided, That such costs of loans, including the
20 cost of modifying such loans, shall be as defined in section
21 502 of the Congressional Budget Act of 1974.
† HR 2617 EAS2
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1 RURAL UTILITIES SERVICE
2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
3 (INCLUDING TRANSFERS OF FUNDS)
4 For gross obligations for the principal amount of di-
5 rect and guaranteed loans as authorized by section 306 and
6 described in section 381E(d)(2) of the Consolidated Farm
7 and Rural Development Act, as follows: $1,420,000,000 for
8 direct loans; and $50,000,000 for guaranteed loans.
9 For the cost of loan guarantees and grants, including
10 the cost of modifying loans, as defined in section 502 of
11 the Congressional Budget Act of 1974, for rural water,
12 waste water, waste disposal, and solid waste management
13 programs authorized by sections 306, 306A, 306C, 306D,
14 306E, and 310B and described in sections 306C(a)(2),
15 306D, 306E, and 381E(d)(2) of the Consolidated Farm and
16 Rural Development Act, $596,404,000, to remain available
17 until expended, of which not to exceed $1,000,000 shall be
18 available for the rural utilities program described in section
19 306(a)(2)(B) of such Act, and of which not to exceed
20 $5,000,000 shall be available for the rural utilities program
21 described in section 306E of such Act: Provided, That not
22 to exceed $15,000,000 of the amount appropriated under
23 this heading shall be for grants authorized by section
24 306A(i)(2) of the Consolidated Farm and Rural Develop-
25 ment Act in addition to funding authorized by section
† HR 2617 EAS2
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1 306A(i)(1) of such Act: Provided further, That $70,000,000
2 of the amount appropriated under this heading shall be for
3 loans and grants including water and waste disposal sys-
4 tems grants authorized by section 306C(a)(2)(B) and sec-
5 tion 306D of the Consolidated Farm and Rural Develop-
6 ment Act, and Federally Recognized Native American
7 Tribes authorized by 306C(a)(1) of such Act: Provided fur-
8 ther, That funding provided for section 306D of the Consoli-
9 dated Farm and Rural Development Act may be provided
10 to a consortium formed pursuant to section 325 of Public
11 Law 105–83: Provided further, That not more than 2 per-
12 cent of the funding provided for section 306D of the Consoli-
13 dated Farm and Rural Development Act may be used by
14 the State of Alaska for training and technical assistance
15 programs and not more than 2 percent of the funding pro-
16 vided for section 306D of the Consolidated Farm and Rural
17 Development Act may be used by a consortium formed pur-
18 suant to section 325 of Public Law 105–83 for training and
19 technical assistance programs: Provided further, That not
20 to exceed $37,500,000 of the amount appropriated under
21 this heading shall be for technical assistance grants for
22 rural water and waste systems pursuant to section
23 306(a)(14) of such Act, unless the Secretary makes a deter-
24 mination of extreme need, of which $8,500,000 shall be
25 made available for a grant to a qualified nonprofit multi-
† HR 2617 EAS2
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1 State regional technical assistance organization, with expe-
2 rience in working with small communities on water and
3 waste water problems, the principal purpose of such grant
4 shall be to assist rural communities with populations of
5 3,300 or less, in improving the planning, financing, devel-
6 opment, operation, and management of water and waste
7 water systems, and of which not less than $800,000 shall
8 be for a qualified national Native American organization
9 to provide technical assistance for rural water systems for
10 tribal communities: Provided further, That not to exceed
11 $21,180,000 of the amount appropriated under this heading
12 shall be for contracting with qualified national organiza-
13 tions for a circuit rider program to provide technical assist-
14 ance for rural water systems: Provided further, That not
15 to exceed $4,000,000 of the amounts made available under
16 this heading shall be for solid waste management grants:
17 Provided further, That not to exceed $2,724,000 of the
18 amounts appropriated under this heading shall be available
19 as the Secretary deems appropriate for water and waste di-
20 rect one percent loans for distressed communities: Provided
21 further, That if the Secretary determines that any portion
22 of the amount made available for one percent loans is not
23 needed for such loans, the Secretary may use such amounts
24 for grants authorized by section 306(a)(2) of the Consoli-
25 dated Farm and Rural Development Act: Provided further,
† HR 2617 EAS2
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1 That if any funds made available for the direct loan subsidy
2 costs remain unobligated after July 31, 2024, such unobli-
3 gated balances may be used for grant programs funded
4 under this heading: Provided further, That $10,000,000 of
5 the amount appropriated under this heading shall be trans-
6 ferred to, and merged with, the Rural Utilities Service,
7 High Energy Cost Grants Account to provide grants au-
8 thorized under section 19 of the Rural Electrification Act
9 of 1936 (7 U.S.C. 918a): Provided further, That sections
10 381E–H and 381N of the Consolidated Farm and Rural
11 Development Act are not applicable to the funds made
12 available under this heading.
13 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
14 LOANS PROGRAM ACCOUNT
15 (INCLUDING TRANSFER OF FUNDS)
16 The principal amount of loans and loan guarantees
17 as authorized by sections 4, 305, 306, 313A, and 317 of
18 the Rural Electrification Act of 1936 (7 U.S.C. 904, 935,
19 936, 940c–1, and 940g) shall be made as follows: guaranteed
20 rural electric loans made pursuant to section 306 of that
21 Act, $2,167,000,000; cost of money direct loans made pursu-
22 ant to sections 4, notwithstanding the one-eighth of one per-
23 cent in 4(c)(2), and 317, notwithstanding 317(c), of that
24 Act, $4,333,000,000; guaranteed underwriting loans pursu-
25 ant to section 313A of that Act, $900,000,000; and for cost-
† HR 2617 EAS2
61
1 of-money rural telecommunications loans made pursuant to
2 section 305(d)(2) of that Act, $690,000,000: Provided, That
3 up to $2,000,000,000 shall be used for the construction, ac-
4 quisition, design, engineering or improvement of fossil-
5 fueled electric generating plants (whether new or existing)
6 that utilize carbon subsurface utilization and storage sys-
7 tems.
8 For the cost of direct loans as authorized by section
9 305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
10 935(d)(2)), including the cost of modifying loans, as defined
11 in section 502 of the Congressional Budget Act of 1974, cost
12 of money rural telecommunications loans, $3,726,000.
13 In addition, $11,500,000 to remain available until ex-
14 pended, to carry out section 6407 of the Farm Security and
15 Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
16 That the energy efficiency measures supported by the fund-
17 ing in this paragraph shall contribute in a demonstrable
18 way to the reduction of greenhouse gases.
19 In addition, for administrative expenses necessary to
20 carry out the direct and guaranteed loan programs,
21 $33,270,000, which shall be paid to the appropriation for
22 ‘‘Rural Development, Salaries and Expenses’’.
† HR 2617 EAS2
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1 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
2 PROGRAM
3 For grants for telemedicine and distance learning serv-
4 ices in rural areas, as authorized by 7 U.S.C. 950aaa et
5 seq., $64,991,000, to remain available until expended, of
6 which up to $4,991,000 shall be for the purposes, and in
7 the amounts, specified for this account in the table titled
8 ‘‘Community Project Funding/Congressionally Directed
9 Spending’’ in the explanatory statement described in sec-
10 tion 4 (in the matter preceding division A of this consoli-
11 dated Act): Provided, That $3,000,000 shall be made avail-
12 able for grants authorized by section 379G of the Consoli-
13 dated Farm and Rural Development Act: Provided further,
14 That funding provided under this heading for grants under
15 section 379G of the Consolidated Farm and Rural Develop-
16 ment Act may only be provided to entities that meet all
17 of the eligibility criteria for a consortium as established by
18 this section.
19 For the cost of broadband loans, as authorized by sec-
20 tions 601 and 602 of the Rural Electrification Act,
21 $3,000,000, to remain available until expended: Provided,
22 That the cost of direct loans shall be as defined in section
23 502 of the Congressional Budget Act of 1974.
24 For the cost to continue a broadband loan and grant
25 pilot program established by section 779 of division A of
† HR 2617 EAS2
63
1 the Consolidated Appropriations Act, 2018 (Public Law
2 115–141) under the Rural Electrification Act of 1936, as
3 amended (7 U.S.C. 901 et seq.), $363,512,317, to remain
4 available until expended, of which up to $15,512,317 shall
5 be for the purposes, and in the amounts, specified for this
6 account in the table titled ‘‘Community Project Funding/
7 Congressionally Directed Spending’’ in the explanatory
8 statement described in section 4 (in the matter preceding
9 division A of this consolidated Act): Provided, That the Sec-
10 retary may award grants described in section 601(a) of the
11 Rural Electrification Act of 1936, as amended (7 U.S.C.
12 950bb(a)) for the purposes of carrying out such pilot pro-
13 gram: Provided further, That the cost of direct loans shall
14 be defined in section 502 of the Congressional Budget Act
15 of 1974: Provided further, That at least 90 percent of the
16 households to be served by a project receiving a loan or
17 grant under the pilot program shall be in a rural area with-
18 out sufficient access to broadband: Provided further, That
19 for purposes of such pilot program, a rural area without
20 sufficient access to broadband shall be defined as twenty-
21 five megabits per second downstream and three megabits
22 per second upstream: Provided further, That to the extent
23 possible, projects receiving funds provided under the pilot
24 program must build out service to at least one hundred
25 megabits per second downstream, and twenty megabits per
† HR 2617 EAS2
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1 second upstream: Provided further, That an entity to which
2 a loan or grant is made under the pilot program shall not
3 use the loan or grant to overbuild or duplicate broadband
4 service in a service area by any entity that has received
5 a broadband loan from the Rural Utilities Service unless
6 such service is not provided sufficient access to broadband
7 at the minimum service threshold: Provided further, That
8 not more than four percent of the funds made available in
9 this paragraph can be used for administrative costs to carry
10 out the pilot program and up to three percent of funds made
11 available in this paragraph may be available for technical
12 assistance and pre-development planning activities to sup-
13 port the most rural communities: Provided further, That
14 the Rural Utilities Service is directed to expedite program
15 delivery methods that would implement this paragraph:
16 Provided further, That for purposes of this paragraph, the
17 Secretary shall adhere to the notice, reporting and service
18 area assessment requirements set forth in section 701 of the
19 Rural Electrification Act (7 U.S.C. 950cc).
20 In addition, $35,000,000, to remain available until ex-
21 pended, for the Community Connect Grant Program au-
22 thorized by 7 U.S.C. 950bb–3.
† HR 2617 EAS2
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1 TITLE IV
2 DOMESTIC FOOD PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR FOOD,
4 NUTRITION, AND CONSUMER SERVICES
5 For necessary expenses of the Office of the Under Sec-
6 retary for Food, Nutrition, and Consumer Services,
7 $1,376,000: Provided, That funds made available by this
8 Act to an agency in the Food, Nutrition and Consumer
9 Services mission area for salaries and expenses are avail-
10 able to fund up to one administrative support staff for the
11 Office.
12 FOOD AND NUTRITION SERVICE
13 CHILD NUTRITION PROGRAMS
14 (INCLUDING TRANSFERS OF FUNDS)
15 For necessary expenses to carry out the Richard B.
16 Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
17 except section 21, and the Child Nutrition Act of 1966 (42
18 U.S.C. 1771 et seq.), except sections 17 and 21;
19 $28,545,432,000 to remain available through September 30,
20 2024, of which such sums as are made available under sec-
21 tion 14222(b)(1) of the Food, Conservation, and Energy Act
22 of 2008 (Public Law 110–246), as amended by this Act,
23 shall be merged with and available for the same time period
24 and purposes as provided herein: Provided, That of the total
25 amount available, $20,162,000 shall be available to carry
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1 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C.
2 1771 et seq.): Provided further, That of the total amount
3 available, $21,005,000 shall be available to carry out stud-
4 ies and evaluations and shall remain available until ex-
5 pended: Provided further, That of the total amount avail-
6 able, $14,000,000 shall remain available until expended to
7 carry out section 18(g) of the Richard B. Russell National
8 School Lunch Act (42 U.S.C. 1769(g)): Provided further,
9 That notwithstanding section 18(g)(3)(C) of the Richard B.
10 Russell National School Lunch Act (42 U.S.C.
11 1769(g)(3)(c)), the total grant amount provided to a farm
12 to school grant recipient in fiscal year 2023 shall not exceed
13 $500,000: Provided further, That of the total amount avail-
14 able, $30,000,000 shall be available to provide competitive
15 grants to State agencies for subgrants to local educational
16 agencies and schools to purchase the equipment, with a
17 value of greater than $1,000, needed to serve healthier
18 meals, improve food safety, and to help support the estab-
19 lishment, maintenance, or expansion of the school breakfast
20 program: Provided further, That of the total amount avail-
21 able, $40,000,000 shall remain available until expended to
22 carry out section 749(g) of the Agriculture Appropriations
23 Act of 2010 (Public Law 111–80): Provided further, That
24 of the total amount available, $2,000,000 shall remain
25 available until expended to carry out activities authorized
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1 under subsections (a)(2) and (e)(2) of section 21 of the Rich-
2 ard B. Russell National School Lunch Act (42 U.S.C.
3 1769b–1(a)(2) and (e)(2)): Provided further, That of the
4 total amount available, $3,000,000 shall be available until
5 September 30, 2024 to carry out section 23 of the Child
6 Nutrition Act of 1966 (42 U.S.C. 1793), of which
7 $1,000,000 shall be for grants under such section to the
8 Commonwealth of Puerto Rico, the Commonwealth of the
9 Northern Mariana Islands, the United States Virgin Is-
10 lands, Guam, and American Samoa: Provided further, That
11 section 26(d) of the Richard B. Russell National School
12 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
13 sentence by striking ‘‘2010 through 2023’’ and inserting
14 ‘‘2010 through 2024’’: Provided further, That section
15 9(h)(3) of the Richard B. Russell National School Lunch
16 Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence
17 by striking ‘‘For fiscal year 2022’’ and inserting ‘‘For fiscal
18 year 2023’’: Provided further, That section 9(h)(4) of the
19 Richard B. Russell National School Lunch Act (42 U.S.C.
20 1758(h)(4)) is amended in the first sentence by striking
21 ‘‘For fiscal year 2022’’ and inserting ‘‘For fiscal year
22 2023’’.
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1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
2 WOMEN, INFANTS, AND CHILDREN (WIC)
3 For necessary expenses to carry out the special supple-
4 mental nutrition program as authorized by section 17 of
5 the Child Nutrition Act of 1966 (42 U.S.C. 1786),
6 $6,000,000,000, to remain available through September 30,
7 2024: Provided, That notwithstanding section 17(h)(10) of
8 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
9 not less than $90,000,000 shall be used for breastfeeding
10 peer counselors and other related activities, and
11 $14,000,000 shall be used for infrastructure: Provided fur-
12 ther, That the Secretary shall use funds made available
13 under this heading to increase the amount of a cash-value
14 voucher for women and children participants to an amount
15 recommended by the National Academies of Science, Engi-
16 neering and Medicine and adjusted for inflation: Provided
17 further, That none of the funds provided in this account
18 shall be available for the purchase of infant formula except
19 in accordance with the cost containment and competitive
20 bidding requirements specified in section 17 of such Act:
21 Provided further, That none of the funds provided shall be
22 available for activities that are not fully reimbursed by
23 other Federal Government departments or agencies unless
24 authorized by section 17 of such Act: Provided further, That
25 upon termination of a federally mandated vendor morato-
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1 rium and subject to terms and conditions established by the
2 Secretary, the Secretary may waive the requirement at 7
3 CFR 246.12(g)(6) at the request of a State agency.
4 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
5 For necessary expenses to carry out the Food and Nu-
6 trition Act of 2008 (7 U.S.C. 2011 et seq.),
7 $153,863,723,000, of which $3,000,000,000, to remain
8 available through September 30, 2025, shall be placed in
9 reserve for use only in such amounts and at such times as
10 may become necessary to carry out program operations:
11 Provided, That funds provided herein shall be expended in
12 accordance with section 16 of the Food and Nutrition Act
13 of 2008: Provided further, That of the funds made available
14 under this heading, $998,000 may be used to provide nutri-
15 tion education services to State agencies and Federally Rec-
16 ognized Tribes participating in the Food Distribution Pro-
17 gram on Indian Reservations: Provided further, That of the
18 funds made available under this heading, $3,000,000, to re-
19 main available until September 30, 2024, shall be used to
20 carry out section 4003(b) of Public Law 115–334 relating
21 to demonstration projects for tribal organizations: Provided
22 further, That this appropriation shall be subject to any
23 work registration or workfare requirements as may be re-
24 quired by law: Provided further, That funds made available
25 for Employment and Training under this heading shall re-
† HR 2617 EAS2
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1 main available through September 30, 2024: Provided fur-
2 ther, That funds made available under this heading for sec-
3 tion 28(d)(1), section 4(b), and section 27(a) of the Food
4 and Nutrition Act of 2008 shall remain available through
5 September 30, 2024: Provided further, That none of the
6 funds made available under this heading may be obligated
7 or expended in contravention of section 213A of the Immi-
8 gration and Nationality Act (8 U.S.C. 1183A): Provided
9 further, That funds made available under this heading may
10 be used to enter into contracts and employ staff to conduct
11 studies, evaluations, or to conduct activities related to pro-
12 gram integrity provided that such activities are authorized
13 by the Food and Nutrition Act of 2008.
14 COMMODITY ASSISTANCE PROGRAM
15 For necessary expenses to carry out disaster assistance
16 and the Commodity Supplemental Food Program as au-
17 thorized by section 4(a) of the Agriculture and Consumer
18 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency
19 Food Assistance Act of 1983; special assistance for the nu-
20 clear affected islands, as authorized by section 103(f)(2) of
21 the Compact of Free Association Amendments Act of 2003
22 (Public Law 108–188); and the Farmers’ Market Nutrition
23 Program, as authorized by section 17(m) of the Child Nutri-
24 tion Act of 1966, $457,710,000, to remain available through
25 September 30, 2024: Provided, That none of these funds
† HR 2617 EAS2
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1 shall be available to reimburse the Commodity Credit Cor-
2 poration for commodities donated to the program: Provided
3 further, That notwithstanding any other provision of law,
4 effective with funds made available in fiscal year 2023 to
5 support the Seniors Farmers’ Market Nutrition Program,
6 as authorized by section 4402 of the Farm Security and
7 Rural Investment Act of 2002, such funds shall remain
8 available through September 30, 2024: Provided further,
9 That of the funds made available under section 27(a) of
10 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)),
11 the Secretary may use up to 20 percent for costs associated
12 with the distribution of commodities.
13 NUTRITION PROGRAMS ADMINISTRATION
14 For necessary administrative expenses of the Food and
15 Nutrition Service for carrying out any domestic nutrition
16 assistance program, $189,348,000: Provided, That of the
17 funds provided herein, $2,000,000 shall be used for the pur-
18 poses of section 4404 of Public Law 107–171, as amended
19 by section 4401 of Public Law 110–246.
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1 TITLE V
2 FOREIGN ASSISTANCE AND RELATED PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR TRADE AND
4 FOREIGN AGRICULTURAL AFFAIRS
5 For necessary expenses of the Office of the Under Sec-
6 retary for Trade and Foreign Agricultural Affairs,
7 $932,000: Provided, That funds made available by this Act
8 to any agency in the Trade and Foreign Agricultural Af-
9 fairs mission area for salaries and expenses are available
10 to fund up to one administrative support staff for the Office.
11 OFFICE OF CODEX ALIMENTARIUS
12 For necessary expenses of the Office of Codex
13 Alimentarius, $4,922,000, including not to exceed $40,000
14 for official reception and representation expenses.
15 FOREIGN AGRICULTURAL SERVICE
16 SALARIES AND EXPENSES
17 (INCLUDING TRANSFERS OF FUNDS)
18 For necessary expenses of the Foreign Agricultural
19 Service, including not to exceed $250,000 for representation
20 allowances and for expenses pursuant to section 8 of the
21 Act approved August 3, 1956 (7 U.S.C. 1766),
22 $237,330,000, of which no more than 6 percent shall remain
23 available until September 30, 2024, for overseas operations
24 to include the payment of locally employed staff: Provided,
25 That the Service may utilize advances of funds, or reim-
† HR 2617 EAS2
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1 burse this appropriation for expenditures made on behalf
2 of Federal agencies, public and private organizations and
3 institutions under agreements executed pursuant to the ag-
4 ricultural food production assistance programs (7 U.S.C.
5 1737) and the foreign assistance programs of the United
6 States Agency for International Development: Provided fur-
7 ther, That funds made available for middle-income country
8 training programs, funds made available for the Borlaug
9 International Agricultural Science and Technology Fellow-
10 ship program, and up to $2,000,000 of the Foreign Agricul-
11 tural Service appropriation solely for the purpose of offset-
12 ting fluctuations in international currency exchange rates,
13 subject to documentation by the Foreign Agricultural Serv-
14 ice, shall remain available until expended.
15 FOOD FOR PEACE TITLE II GRANTS
16 For expenses during the current fiscal year, not other-
17 wise recoverable, and unrecovered prior years’ costs, includ-
18 ing interest thereon, under the Food for Peace Act (Public
19 Law 83–480), for commodities supplied in connection with
20 dispositions abroad under title II of said Act,
21 $1,750,000,000, to remain available until expended.
22 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
23 AND CHILD NUTRITION PROGRAM GRANTS
24 For necessary expenses to carry out the provisions of
25 section 3107 of the Farm Security and Rural Investment
† HR 2617 EAS2
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1 Act of 2002 (7 U.S.C. 1736o–1), $243,331,000, to remain
2 available until expended: Provided, That the Commodity
3 Credit Corporation is authorized to provide the services, fa-
4 cilities, and authorities for the purpose of implementing
5 such section, subject to reimbursement from amounts pro-
6 vided herein: Provided further, That of the amount made
7 available under this heading, not more than 10 percent, but
8 not less than $24,300,000, shall remain available until ex-
9 pended to purchase agricultural commodities as described
10 in subsection 3107(a)(2) of the Farm Security and Rural
11 Investment Act of 2002 (7 U.S.C. 1736o–1(a)(2)).
12 COMMODITY CREDIT CORPORATION EXPORT (LOANS)
13 CREDIT GUARANTEE PROGRAM ACCOUNT
14 (INCLUDING TRANSFERS OF FUNDS)
15 For administrative expenses to carry out the Com-
16 modity Credit Corporation’s Export Guarantee Program,
17 GSM 102 and GSM 103, $6,063,000, to cover common over-
18 head expenses as permitted by section 11 of the Commodity
19 Credit Corporation Charter Act and in conformity with the
20 Federal Credit Reform Act of 1990, which shall be trans-
21 ferred to and merged with the appropriation for ‘‘Foreign
22 Agricultural Service, Salaries and Expenses’’.
† HR 2617 EAS2
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1 TITLE VI
2 RELATED AGENCY AND FOOD AND DRUG
3 ADMINISTRATION
4 DEPARTMENT OF HEALTH AND HUMAN SERVICES
5 FOOD AND DRUG ADMINISTRATION
6 SALARIES AND EXPENSES
7 (INCLUDING TRANSFERS OF FUNDS)
8 For necessary expenses of the Food and Drug Adminis-
9 tration, including hire and purchase of passenger motor ve-
10 hicles; for payment of space rental and related costs pursu-
11 ant to Public Law 92–313 for programs and activities of
12 the Food and Drug Administration which are included in
13 this Act; for rental of special purpose space in the District
14 of Columbia or elsewhere; in addition to amounts appro-
15 priated to the FDA Innovation Account, for carrying out
16 the activities described in section 1002(b)(4) of the 21st
17 Century Cures Act (Public Law 114–255); for miscellaneous
18 and emergency expenses of enforcement activities, author-
19 ized and approved by the Secretary and to be accounted
20 for solely on the Secretary’s certificate, not to exceed
21 $25,000; and notwithstanding section 521 of Public Law
22 107–188; $6,562,793,000: Provided, That of the amount
23 provided under this heading, $1,310,319,000 shall be de-
24 rived from prescription drug user fees authorized by 21
25 U.S.C. 379h, and shall be credited to this account and re-
† HR 2617 EAS2
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1 main available until expended; $324,777,000 shall be de-
2 rived from medical device user fees authorized by 21 U.S.C.
3 379j, and shall be credited to this account and remain
4 available until expended; $582,500,000 shall be derived
5 from human generic drug user fees authorized by 21 U.S.C.
6 379j–42, and shall be credited to this account and remain
7 available until expended; $41,600,000 shall be derived from
8 biosimilar biological product user fees authorized by 21
9 U.S.C. 379j–52, and shall be credited to this account and
10 remain available until expended; $32,144,000 shall be de-
11 rived from animal drug user fees authorized by 21 U.S.C.
12 379j–12, and shall be credited to this account and remain
13 available until expended; $29,303,000 shall be derived from
14 generic new animal drug user fees authorized by 21 U.S.C.
15 379j–21, and shall be credited to this account and remain
16 available until expended; $712,000,000 shall be derived
17 from tobacco product user fees authorized by 21 U.S.C.
18 387s, and shall be credited to this account and remain
19 available until expended: Provided further, That in addi-
20 tion to and notwithstanding any other provision under this
21 heading, amounts collected for prescription drug user fees,
22 medical device user fees, human generic drug user fees, bio-
23 similar biological product user fees, animal drug user fees,
24 and generic new animal drug user fees that exceed the re-
25 spective fiscal year 2023 limitations are appropriated and
† HR 2617 EAS2
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1 shall be credited to this account and remain available until
2 expended: Provided further, That fees derived from prescrip-
3 tion drug, medical device, human generic drug, biosimilar
4 biological product, animal drug, and generic new animal
5 drug assessments for fiscal year 2023, including any such
6 fees collected prior to fiscal year 2023 but credited for fiscal
7 year 2023, shall be subject to the fiscal year 2023 limita-
8 tions: Provided further, That the Secretary may accept pay-
9 ment during fiscal year 2023 of user fees specified under
10 this heading and authorized for fiscal year 2024, prior to
11 the due date for such fees, and that amounts of such fees
12 assessed for fiscal year 2024 for which the Secretary accepts
13 payment in fiscal year 2023 shall not be included in
14 amounts under this heading: Provided further, That none
15 of these funds shall be used to develop, establish, or operate
16 any program of user fees authorized by 31 U.S.C. 9701:
17 Provided further, That of the total amount appropriated:
18 (1) $1,196,097,000 shall be for the Center for Food Safety
19 and Applied Nutrition and related field activities in the
20 Office of Regulatory Affairs, of which no less than
21 $15,000,000 shall be used for inspections of foreign seafood
22 manufacturers and field examinations of imported seafood;
23 (2) $2,289,290,000 shall be for the Center for Drug Evalua-
24 tion and Research and related field activities in the Office
25 of Regulatory Affairs, of which no less than $10,000,000
† HR 2617 EAS2
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1 shall be for pilots to increase unannounced foreign inspec-
2 tions and shall remain available until expended; (3)
3 $489,594,000 shall be for the Center for Biologics Evalua-
4 tion and Research and for related field activities in the Of-
5 fice of Regulatory Affairs; (4) $287,339,000 shall be for the
6 Center for Veterinary Medicine and for related field activi-
7 ties in the Office of Regulatory Affairs; (5) $736,359,000
8 shall be for the Center for Devices and Radiological Health
9 and for related field activities in the Office of Regulatory
10 Affairs; (6) $76,919,000 shall be for the National Center for
11 Toxicological Research; (7) $677,165,000 shall be for the
12 Center for Tobacco Products and for related field activities
13 in the Office of Regulatory Affairs; (8) $214,082,000 shall
14 be for Rent and Related activities, of which $55,893,000
15 is for White Oak Consolidation, other than the amounts
16 paid to the General Services Administration for rent; (9)
17 $236,166,000 shall be for payments to the General Services
18 Administration for rent; and (10) $359,782,000 shall be for
19 other activities, including the Office of the Commissioner
20 of Food and Drugs, the Office of Food Policy and Response,
21 the Office of Operations, the Office of the Chief Scientist,
22 and central services for these offices: Provided further, That
23 not to exceed $25,000 of this amount shall be for official
24 reception and representation expenses, not otherwise pro-
25 vided for, as determined by the Commissioner: Provided
† HR 2617 EAS2
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1 further, That any transfer of funds pursuant to, and for
2 the administration of, section 770(n) of the Federal Food,
3 Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
4 be from amounts made available under this heading for
5 other activities and shall not exceed $2,000,000: Provided
6 further, That of the amounts that are made available under
7 this heading for ‘‘other activities’’, and that are not derived
8 from user fees, $1,500,000 shall be transferred to and
9 merged with the appropriation for ‘‘Department of Health
10 and Human Services—Office of Inspector General’’ for
11 oversight of the programs and operations of the Food and
12 Drug Administration and shall be in addition to funds oth-
13 erwise made available for oversight of the Food and Drug
14 Administration: Provided further, That funds may be
15 transferred from one specified activity to another with the
16 prior approval of the Committees on Appropriations of both
17 Houses of Congress.
18 In addition, mammography user fees authorized by 42
19 U.S.C. 263b, export certification user fees authorized by 21
20 U.S.C. 381, priority review user fees authorized by 21
21 U.S.C. 360n and 360ff, food and feed recall fees, food rein-
22 spection fees, and voluntary qualified importer program
23 fees authorized by 21 U.S.C. 379j–31, outsourcing facility
24 fees authorized by 21 U.S.C. 379j–62, prescription drug
25 wholesale distributor licensing and inspection fees author-
† HR 2617 EAS2
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1 ized by 21 U.S.C. 353(e)(3), third-party logistics provider
2 licensing and inspection fees authorized by 21 U.S.C.
3 360eee–3(c)(1), third-party auditor fees authorized by 21
4 U.S.C. 384d(c)(8), medical countermeasure priority review
5 voucher user fees authorized by 21 U.S.C. 360bbb–4a, and
6 fees relating to over-the-counter monograph drugs author-
7 ized by 21 U.S.C. 379j–72 shall be credited to this account,
8 to remain available until expended.
9 BUILDINGS AND FACILITIES
10 For plans, construction, repair, improvement, exten-
11 sion, alteration, demolition, and purchase of fixed equip-
12 ment or facilities of or used by the Food and Drug Adminis-
13 tration, where not otherwise provided, $12,788,000, to re-
14 main available until expended.
15 FDA INNOVATION ACCOUNT, CURES ACT
16 (INCLUDING TRANSFER OF FUNDS)
17 For necessary expenses to carry out the purposes de-
18 scribed under section 1002(b)(4) of the 21st Century Cures
19 Act, in addition to amounts available for such purposes
20 under the heading ‘‘Salaries and Expenses’’, $50,000,000,
21 to remain available until expended: Provided, That
22 amounts appropriated in this paragraph are appropriated
23 pursuant to section 1002(b)(3) of the 21st Century Cures
24 Act, are to be derived from amounts transferred under sec-
25 tion 1002(b)(2)(A) of such Act, and may be transferred by
† HR 2617 EAS2
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1 the Commissioner of Food and Drugs to the appropriation
2 for ‘‘Department of Health and Human Services Food and
3 Drug Administration Salaries and Expenses’’ solely for the
4 purposes provided in such Act: Provided further, That upon
5 a determination by the Commissioner that funds trans-
6 ferred pursuant to the previous proviso are not necessary
7 for the purposes provided, such amounts may be transferred
8 back to the account: Provided further, That such transfer
9 authority is in addition to any other transfer authority
10 provided by law.
11 INDEPENDENT AGENCY
12 FARM CREDIT ADMINISTRATION
13 LIMITATION ON ADMINISTRATIVE EXPENSES
14 Not to exceed $88,500,000 (from assessments collected
15 from farm credit institutions, including the Federal Agri-
16 cultural Mortgage Corporation) shall be obligated during
17 the current fiscal year for administrative expenses as au-
18 thorized under 12 U.S.C. 2249: Provided, That this limita-
19 tion shall not apply to expenses associated with receiver-
20 ships: Provided further, That the agency may exceed this
21 limitation by up to 10 percent with notification to the Com-
22 mittees on Appropriations of both Houses of Congress: Pro-
23 vided further, That the purposes of section 3.7(b)(2)(A)(i)
24 of the Farm Credit Act of 1971 (12 U.S.C.
25 2128(b)(2)(A)(i)), the Farm Credit Administration may ex-
† HR 2617 EAS2
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1 empt, an amount in its sole discretion, from the application
2 of the limitation provided in that clause of export loans
3 described in the clause guaranteed or insured in a manner
4 other than described in subclause (II) of the clause.
† HR 2617 EAS2
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1 TITLE VII
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
4 SEC. 701. The Secretary may use any appropriations
5 made available to the Department of Agriculture in this
6 Act to purchase new passenger motor vehicles, in addition
7 to specific appropriations for this purpose, so long as the
8 total number of vehicles purchased in fiscal year 2023 does
9 not exceed the number of vehicles owned or leased in fiscal
10 year 2018: Provided, That, prior to purchasing additional
11 motor vehicles, the Secretary must determine that such vehi-
12 cles are necessary for transportation safety, to reduce oper-
13 ational costs, and for the protection of life, property, and
14 public safety: Provided further, That the Secretary may not
15 increase the Department of Agriculture’s fleet above the
16 2018 level unless the Secretary notifies in writing, and re-
17 ceives approval from, the Committees on Appropriations of
18 both Houses of Congress within 30 days of the notification.
19 SEC. 702. Notwithstanding any other provision of this
20 Act, the Secretary of Agriculture may transfer unobligated
21 balances of discretionary funds appropriated by this Act
22 or any other available unobligated discretionary balances
23 that are remaining available of the Department of Agri-
24 culture to the Working Capital Fund for the acquisition of
25 property, plant and equipment and for the improvement,
† HR 2617 EAS2
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1 delivery, and implementation of Department financial, and
2 administrative information technology services, and other
3 support systems necessary for the delivery of financial, ad-
4 ministrative, and information technology services, includ-
5 ing cloud adoption and migration, of primary benefit to
6 the agencies of the Department of Agriculture, such trans-
7 ferred funds to remain available until expended: Provided,
8 That none of the funds made available by this Act or any
9 other Act shall be transferred to the Working Capital Fund
10 without the prior approval of the agency administrator:
11 Provided further, That none of the funds transferred to the
12 Working Capital Fund pursuant to this section shall be
13 available for obligation without written notification to and
14 the prior approval of the Committees on Appropriations of
15 both Houses of Congress: Provided further, That none of the
16 funds appropriated by this Act or made available to the
17 Department’s Working Capital Fund shall be available for
18 obligation or expenditure to make any changes to the De-
19 partment’s National Finance Center without written notifi-
20 cation to and prior approval of the Committees on Appro-
21 priations of both Houses of Congress as required by section
22 716 of this Act: Provided further, That none of the funds
23 appropriated by this Act or made available to the Depart-
24 ment’s Working Capital Fund shall be available for obliga-
25 tion or expenditure to initiate, plan, develop, implement,
† HR 2617 EAS2
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1 or make any changes to remove or relocate any systems,
2 missions, personnel, or functions of the offices of the Chief
3 Financial Officer and the Chief Information Officer, co-lo-
4 cated with or from the National Finance Center prior to
5 written notification to and prior approval of the Committee
6 on Appropriations of both Houses of Congress and in ac-
7 cordance with the requirements of section 716 of this Act:
8 Provided further, That the National Finance Center Infor-
9 mation Technology Services Division personnel and data
10 center management responsibilities, and control of any
11 functions, missions, and systems for current and future
12 human resources management and integrated personnel and
13 payroll systems (PPS) and functions provided by the Chief
14 Financial Officer and the Chief Information Officer shall
15 remain in the National Finance Center and under the man-
16 agement responsibility and administrative control of the
17 National Finance Center: Provided further, That the Sec-
18 retary of Agriculture and the offices of the Chief Financial
19 Officer shall actively market to existing and new Depart-
20 ments and other government agencies National Finance
21 Center shared services including, but not limited to, payroll,
22 financial management, and human capital shared services
23 and allow the National Finance Center to perform tech-
24 nology upgrades: Provided further, That of annual income
25 amounts in the Working Capital Fund of the Department
† HR 2617 EAS2
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1 of Agriculture attributable to the amounts in excess of the
2 true costs of the shared services provided by the National
3 Finance Center and budgeted for the National Finance Cen-
4 ter, the Secretary shall reserve not more than 4 percent for
5 the replacement or acquisition of capital equipment, includ-
6 ing equipment for the improvement, delivery, and imple-
7 mentation of financial, administrative, and information
8 technology services, and other systems of the National Fi-
9 nance Center or to pay any unforeseen, extraordinary cost
10 of the National Finance Center: Provided further, That
11 none of the amounts reserved shall be available for obliga-
12 tion unless the Secretary submits written notification of the
13 obligation to the Committees on Appropriations of both
14 Houses of Congress: Provided further, That the limitations
15 on the obligation of funds pending notification to Congres-
16 sional Committees shall not apply to any obligation that,
17 as determined by the Secretary, is necessary to respond to
18 a declared state of emergency that significantly impacts the
19 operations of the National Finance Center; or to evacuate
20 employees of the National Finance Center to a safe haven
21 to continue operations of the National Finance Center.
22 SEC. 703. No part of any appropriation contained in
23 this Act shall remain available for obligation beyond the
24 current fiscal year unless expressly so provided herein.
† HR 2617 EAS2
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1 SEC. 704. No funds appropriated by this Act may be
2 used to pay negotiated indirect cost rates on cooperative
3 agreements or similar arrangements between the United
4 States Department of Agriculture and nonprofit institu-
5 tions in excess of 10 percent of the total direct cost of the
6 agreement when the purpose of such cooperative arrange-
7 ments is to carry out programs of mutual interest between
8 the two parties. This does not preclude appropriate pay-
9 ment of indirect costs on grants and contracts with such
10 institutions when such indirect costs are computed on a
11 similar basis for all agencies for which appropriations are
12 provided in this Act.
13 SEC. 705. Appropriations to the Department of Agri-
14 culture for the cost of direct and guaranteed loans made
15 available in the current fiscal year shall remain available
16 until expended to disburse obligations made in the current
17 fiscal year for the following accounts: the Rural Develop-
18 ment Loan Fund program account, the Rural Electrifica-
19 tion and Telecommunication Loans program account, and
20 the Rural Housing Insurance Fund program account.
21 SEC. 706. None of the funds made available to the De-
22 partment of Agriculture by this Act may be used to acquire
23 new information technology systems or significant up-
24 grades, as determined by the Office of the Chief Information
25 Officer, without the approval of the Chief Information Offi-
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1 cer and the concurrence of the Executive Information Tech-
2 nology Investment Review Board: Provided, That notwith-
3 standing any other provision of law, none of the funds ap-
4 propriated or otherwise made available by this Act may be
5 transferred to the Office of the Chief Information Officer
6 without written notification to and the prior approval of
7 the Committees on Appropriations of both Houses of Con-
8 gress: Provided further, That notwithstanding section 11319
9 of title 40, United States Code, none of the funds available
10 to the Department of Agriculture for information technology
11 shall be obligated for projects, contracts, or other agreements
12 over $25,000 prior to receipt of written approval by the
13 Chief Information Officer: Provided further, That the Chief
14 Information Officer may authorize an agency to obligate
15 funds without written approval from the Chief Information
16 Officer for projects, contracts, or other agreements up to
17 $250,000 based upon the performance of an agency meas-
18 ured against the performance plan requirements described
19 in the explanatory statement accompanying Public Law
20 113–235.
21 SEC. 707. Funds made available under section 524(b)
22 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in
23 the current fiscal year shall remain available until ex-
24 pended to disburse obligations made in the current fiscal
25 year.
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1 SEC. 708. Notwithstanding any other provision of law,
2 any former Rural Utilities Service borrower that has repaid
3 or prepaid an insured, direct or guaranteed loan under the
4 Rural Electrification Act of 1936, or any not-for-profit util-
5 ity that is eligible to receive an insured or direct loan under
6 such Act, shall be eligible for assistance under section
7 313B(a) of such Act in the same manner as a borrower
8 under such Act.
9 SEC. 709. Except as otherwise specifically provided by
10 law, not more than $20,000,000 in unobligated balances
11 from appropriations made available for salaries and ex-
12 penses in this Act for the Farm Service Agency shall remain
13 available through September 30, 2024, for information tech-
14 nology expenses.
15 SEC. 710. None of the funds appropriated or otherwise
16 made available by this Act may be used for first-class travel
17 by the employees of agencies funded by this Act in con-
18 travention of sections 301–10.122 through 301–10.124 of
19 title 41, Code of Federal Regulations.
20 SEC. 711. In the case of each program established or
21 amended by the Agricultural Act of 2014 (Public Law 113–
22 79) or by a successor to that Act, other than by title I or
23 subtitle A of title III of such Act, or programs for which
24 indefinite amounts were provided in that Act, that is au-
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1 thorized or required to be carried out using funds of the
2 Commodity Credit Corporation—
3 (1) such funds shall be available for salaries and
4 related administrative expenses, including technical
5 assistance, associated with the implementation of the
6 program, without regard to the limitation on the total
7 amount of allotments and fund transfers contained in
8 section 11 of the Commodity Credit Corporation
9 Charter Act (15 U.S.C. 714i); and
10 (2) the use of such funds for such purpose shall
11 not be considered to be a fund transfer or allotment
12 for purposes of applying the limitation on the total
13 amount of allotments and fund transfers contained in
14 such section.
15 SEC. 712. Of the funds made available by this Act, not
16 more than $2,900,000 shall be used to cover necessary ex-
17 penses of activities related to all advisory committees, pan-
18 els, commissions, and task forces of the Department of Agri-
19 culture, except for panels used to comply with negotiated
20 rule makings and panels used to evaluate competitively
21 awarded grants.
22 SEC. 713. (a) None of the funds made available in this
23 Act may be used to maintain or establish a computer net-
24 work unless such network blocks the viewing, downloading,
25 and exchanging of pornography.
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1 (b) Nothing in subsection (a) shall limit the use of
2 funds necessary for any Federal, State, tribal, or local law
3 enforcement agency or any other entity carrying out crimi-
4 nal investigations, prosecution, or adjudication activities.
5 SEC. 714. Notwithstanding subsection (b) of section
6 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this
7 section referred to as ‘‘section 14222’’), none of the funds
8 appropriated or otherwise made available by this or any
9 other Act shall be used to pay the salaries and expenses of
10 personnel to carry out a program under section 32 of the
11 Act of August 24, 1935 (7 U.S.C. 612c; in this section re-
12 ferred to as ‘‘section 32’’) in excess of $1,483,309,000 (exclu-
13 sive of carryover appropriations from prior fiscal years),
14 as follows: Child Nutrition Programs Entitlement Commod-
15 ities—$485,000,000; State Option Contracts—$5,000,000;
16 Removal of Defective Commodities—$2,500,000; Adminis-
17 tration of section 32 Commodity Purchases—$37,178,000:
18 Provided, That, of the total funds made available in the
19 matter preceding this proviso that remain unobligated on
20 October 1, 2023, such unobligated balances shall carryover
21 into fiscal year 2024 and shall remain available until ex-
22 pended for any of the purposes of section 32, except that
23 any such carryover funds used in accordance with clause
24 (3) of section 32 may not exceed $350,000,000 and may
25 not be obligated until the Secretary of Agriculture provides
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1 written notification of the expenditures to the Committees
2 on Appropriations of both Houses of Congress at least two
3 weeks in advance: Provided further, That, with the excep-
4 tion of any available carryover funds authorized in any
5 prior appropriations Act to be used for the purposes of
6 clause (3) of section 32, none of the funds appropriated or
7 otherwise made available by this or any other Act shall be
8 used to pay the salaries or expenses of any employee of the
9 Department of Agriculture to carry out clause (3) of section
10 32.
11 SEC. 715. None of the funds appropriated by this or
12 any other Act shall be used to pay the salaries and expenses
13 of personnel who prepare or submit appropriations lan-
14 guage as part of the President’s budget submission to the
15 Congress for programs under the jurisdiction of the Appro-
16 priations Subcommittees on Agriculture, Rural Develop-
17 ment, Food and Drug Administration, and Related Agen-
18 cies that assumes revenues or reflects a reduction from the
19 previous year due to user fees proposals that have not been
20 enacted into law prior to the submission of the budget unless
21 such budget submission identifies which additional spend-
22 ing reductions should occur in the event the user fees pro-
23 posals are not enacted prior to the date of the convening
24 of a committee of conference for the fiscal year 2024 appro-
25 priations Act.
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1 SEC. 716. (a) None of the funds provided by this Act,
2 or provided by previous appropriations Acts to the agencies
3 funded by this Act that remain available for obligation or
4 expenditure in the current fiscal year, or provided from any
5 accounts in the Treasury derived by the collection of fees
6 available to the agencies funded by this Act, shall be avail-
7 able for obligation or expenditure through a reprogram-
8 ming, transfer of funds, or reimbursements as authorized
9 by the Economy Act, or in the case of the Department of
10 Agriculture, through use of the authority provided by sec-
11 tion 702(b) of the Department of Agriculture Organic Act
12 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–
13 106 (7 U.S.C. 2263), that—
14 (1) creates new programs;
15 (2) eliminates a program, project, or activity;
16 (3) increases funds or personnel by any means
17 for any project or activity for which funds have been
18 denied or restricted;
19 (4) relocates an office or employees;
20 (5) reorganizes offices, programs, or activities; or
21 (6) contracts out or privatizes any functions or
22 activities presently performed by Federal employees;
23 unless the Secretary of Agriculture or the Secretary of
24 Health and Human Services (as the case may be) notifies
25 in writing and receives approval from the Committees on
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1 Appropriations of both Houses of Congress at least 30 days
2 in advance of the reprogramming of such funds or the use
3 of such authority.
4 (b) None of the funds provided by this Act, or provided
5 by previous Appropriations Acts to the agencies funded by
6 this Act that remain available for obligation or expenditure
7 in the current fiscal year, or provided from any accounts
8 in the Treasury derived by the collection of fees available
9 to the agencies funded by this Act, shall be available for
10 obligation or expenditure for activities, programs, or
11 projects through a reprogramming or use of the authorities
12 referred to in subsection (a) involving funds in excess of
13 $500,000 or 10 percent, whichever is less, that—
14 (1) augments existing programs, projects, or ac-
15 tivities;
16 (2) reduces by 10 percent funding for any exist-
17 ing program, project, or activity, or numbers of per-
18 sonnel by 10 percent as approved by Congress; or
19 (3) results from any general savings from a re-
20 duction in personnel which would result in a change
21 in existing programs, activities, or projects as ap-
22 proved by Congress;
23 unless the Secretary of Agriculture or the Secretary of
24 Health and Human Services (as the case may be) notifies
25 in writing and receives approval from the Committees on
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1 Appropriations of both Houses of Congress at least 30 days
2 in advance of the reprogramming or transfer of such funds
3 or the use of such authority.
4 (c) The Secretary of Agriculture or the Secretary of
5 Health and Human Services shall notify in writing and
6 receive approval from the Committees on Appropriations of
7 both Houses of Congress before implementing any program
8 or activity not carried out during the previous fiscal year
9 unless the program or activity is funded by this Act or spe-
10 cifically funded by any other Act.
11 (d) None of the funds provided by this Act, or provided
12 by previous Appropriations Acts to the agencies funded by
13 this Act that remain available for obligation or expenditure
14 in the current fiscal year, or provided from any accounts
15 in the Treasury derived by the collection of fees available
16 to the agencies funded by this Act, shall be available for—
17 (1) modifying major capital investments funding
18 levels, including information technology systems, that
19 involves increasing or decreasing funds in the current
20 fiscal year for the individual investment in excess of
21 $500,000 or 10 percent of the total cost, whichever is
22 less;
23 (2) realigning or reorganizing new, current, or
24 vacant positions or agency activities or functions to
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1 establish a center, office, branch, or similar entity
2 with ten or more personnel; or
3 (3) carrying out activities or functions that were
4 not described in the budget request;
5 unless the agencies funded by this Act notify, in writing,
6 the Committees on Appropriations of both Houses of Con-
7 gress at least 30 days in advance of using the funds for
8 these purposes.
9 (e) As described in this section, no funds may be used
10 for any activities unless the Secretary of Agriculture or the
11 Secretary of Health and Human Services receives from the
12 Committee on Appropriations of both Houses of Congress
13 written or electronic mail confirmation of receipt of the no-
14 tification as required in this section.
15 SEC. 717. Notwithstanding section 310B(g)(5) of the
16 Consolidated Farm and Rural Development Act (7 U.S.C.
17 1932(g)(5)), the Secretary may assess a one-time fee for any
18 guaranteed business and industry loan in an amount that
19 does not exceed 3 percent of the guaranteed principal por-
20 tion of the loan.
21 SEC. 718. None of the funds appropriated or otherwise
22 made available to the Department of Agriculture, the Food
23 and Drug Administration or the Farm Credit Administra-
24 tion shall be used to transmit or otherwise make available
25 reports, questions, or responses to questions that are a result
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1 of information requested for the appropriations hearing
2 process to any non-Department of Agriculture, non-Depart-
3 ment of Health and Human Services, or non-Farm Credit
4 Administration employee.
5 SEC. 719. Unless otherwise authorized by existing law,
6 none of the funds provided in this Act, may be used by an
7 executive branch agency to produce any prepackaged news
8 story intended for broadcast or distribution in the United
9 States unless the story includes a clear notification within
10 the text or audio of the prepackaged news story that the
11 prepackaged news story was prepared or funded by that ex-
12 ecutive branch agency.
13 SEC. 720. No employee of the Department of Agri-
14 culture may be detailed or assigned from an agency or office
15 funded by this Act or any other Act to any other agency
16 or office of the Department for more than 60 days in a
17 fiscal year unless the individual’s employing agency or of-
18 fice is fully reimbursed by the receiving agency or office
19 for the salary and expenses of the employee for the period
20 of assignment.
21 SEC. 721. Not later than 30 days after the date of en-
22 actment of this Act, the Secretary of Agriculture, the Com-
23 missioner of the Food and Drug Administration and the
24 Chairman of the Farm Credit Administration shall submit
25 to the Committees on Appropriations of both Houses of Con-
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1 gress a detailed spending plan by program, project, and ac-
2 tivity for all the funds made available under this Act in-
3 cluding appropriated user fees, as defined in the explana-
4 tory statement described in section 4 (in the matter pre-
5 ceding division A of this consolidated Act).
6 SEC. 722. None of the funds made available by this
7 Act may be used to propose, promulgate, or implement any
8 rule, or take any other action with respect to, allowing or
9 requiring information intended for a prescribing health
10 care professional, in the case of a drug or biological product
11 subject to section 503(b)(1) of the Federal Food, Drug, and
12 Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to
13 such professional electronically (in lieu of in paper form)
14 unless and until a Federal law is enacted to allow or re-
15 quire such distribution.
16 SEC. 723. For the purposes of determining eligibility
17 or level of program assistance for Rural Development pro-
18 grams the Secretary shall not include incarcerated prison
19 populations.
20 SEC. 724. For loans and loan guarantees that do not
21 require budget authority and the program level has been
22 established in this Act, the Secretary of Agriculture may
23 increase the program level for such loans and loan guaran-
24 tees by not more than 25 percent: Provided, That prior to
25 the Secretary implementing such an increase, the Secretary
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1 notifies, in writing, the Committees on Appropriations of
2 both Houses of Congress at least 15 days in advance.
3 SEC. 725. None of the credit card refunds or rebates
4 transferred to the Working Capital Fund pursuant to sec-
5 tion 729 of the Agriculture, Rural Development, Food and
6 Drug Administration, and Related Agencies Appropria-
7 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall
8 be available for obligation without written notification to,
9 and the prior approval of, the Committees on Appropria-
10 tions of both Houses of Congress: Provided, That the refunds
11 or rebates so transferred shall be available for obligation
12 only for the acquisition of property, plant and equipment,
13 including equipment for the improvement, delivery, and
14 implementation of Departmental financial management,
15 information technology, and other support systems nec-
16 essary for the delivery of financial, administrative, and in-
17 formation technology services, including cloud adoption and
18 migration, of primary benefit to the agencies of the Depart-
19 ment of Agriculture.
20 SEC. 726. None of the funds made available by this
21 Act may be used to implement, administer, or enforce the
22 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
23 ing Retailer Standards in the Supplemental Nutrition As-
24 sistance Program (SNAP)’’ published by the Department
25 of Agriculture in the Federal Register on December 15, 2016
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1 (81 Fed. Reg. 90675) until the Secretary of Agriculture
2 amends the definition of the term ‘‘variety’’ as defined in
3 section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula-
4 tions, and ‘‘variety’’ as applied in the definition of the term
5 ‘‘staple food’’ as defined in section 271.2 of title 7, Code
6 of Federal Regulations, to increase the number of items that
7 qualify as acceptable varieties in each staple food category
8 so that the total number of such items in each staple food
9 category exceeds the number of such items in each staple
10 food category included in the final rule as published on De-
11 cember 15, 2016: Provided, That until the Secretary pro-
12 mulgates such regulatory amendments, the Secretary shall
13 apply the requirements regarding acceptable varieties and
14 breadth of stock to Supplemental Nutrition Assistance Pro-
15 gram retailers that were in effect on the day before the date
16 of the enactment of the Agricultural Act of 2014 (Public
17 Law 113–79).
18 SEC. 727. In carrying out subsection (h) of section 502
19 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary
20 of Agriculture shall have the same authority with respect
21 to loans guaranteed under such section and eligible lenders
22 for such loans as the Secretary has under subsections (h)
23 and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with
24 respect to loans guaranteed under such section 538 and eli-
25 gible lenders for such loans.
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1 SEC. 728. None of the funds appropriated or otherwise
2 made available by this Act shall be available for the United
3 States Department of Agriculture to propose, finalize or im-
4 plement any regulation that would promulgate new user
5 fees pursuant to 31 U.S.C. 9701 after the date of the enact-
6 ment of this Act.
7 SEC. 729. Of the unobligated balances from amounts
8 made available for the supplemental nutrition program as
9 authorized by section 17 of the Child Nutrition Act of 1966
10 (42 U.S.C. 1786), $315,000,000 are hereby rescinded: Pro-
11 vided, That no amounts may be rescinded from amounts
12 that were designated by the Congress as an emergency re-
13 quirement pursuant to a Concurrent Resolution on the
14 Budget or the Balanced Budget and Emergency Deficit
15 Control Act of 1985.
16 SEC. 730. Notwithstanding any provision of law that
17 regulates the calculation and payment of overtime and holi-
18 day pay for FSIS inspectors, the Secretary may charge es-
19 tablishments subject to the inspection requirements of the
20 Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
21 Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the
22 Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
23 the cost of inspection services provided outside of an estab-
24 lishment’s approved inspection shifts, and for inspection
25 services provided on Federal holidays: Provided, That any
† HR 2617 EAS2
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1 sums charged pursuant to this paragraph shall be deemed
2 as overtime pay or holiday pay under section 1001(d) of
3 the American Rescue Plan Act of 2021 (Public Law 117–
4 2, 135 Stat. 242): Provided further, That sums received by
5 the Secretary under this paragraph shall, in addition to
6 other available funds, remain available until expended to
7 the Secretary without further appropriation for the purpose
8 of funding all costs associated with FSIS inspections.
9 SEC. 731. (a) The Secretary of Agriculture shall—
10 (1) conduct audits in a manner that evaluates
11 the following factors in the country or region being
12 audited, as applicable—
13 (A) veterinary control and oversight;
14 (B) disease history and vaccination prac-
15 tices;
16 (C) livestock demographics and traceability;
17 (D) epidemiological separation from poten-
18 tial sources of infection;
19 (E) surveillance practices;
20 (F) diagnostic laboratory capabilities; and
21 (G) emergency preparedness and response;
22 and
23 (2) promptly make publicly available the final
24 reports of any audits or reviews conducted pursuant
25 to subsection (1).
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1 (b) This section shall be applied in a manner con-
2 sistent with United States obligations under its inter-
3 national trade agreements.
4 SEC. 732. In this fiscal year and thereafter, and not-
5 withstanding any other provision of law, none of the funds
6 made available by this Act may be used to implement sec-
7 tion 3.7(f) of the Farm Credit Act of 1971 in a manner
8 inconsistent with section 343(a)(13) of the Consolidated
9 Farm and Rural Development Act.
10 SEC. 733. In this fiscal year and thereafter, and not-
11 withstanding any other provision of law, none of the funds
12 made available by this Act may be used to carry out any
13 activities or incur any expense related to the issuance of
14 licenses under section 3 of the Animal Welfare Act (7 U.S.C.
15 2133), or the renewal of such licenses, to class B dealers
16 who sell Random Source dogs and cats for use in research,
17 experiments, teaching, or testing.
18 SEC. 734. (a)(1) No Federal funds made available for
19 this fiscal year for the rural water, waste water, waste dis-
20 posal, and solid waste management programs authorized by
21 sections 306, 306A, 306C, 306D, 306E, and 310B of the
22 Consolidated Farm and Rural Development Act (7 U.S.C.
23 1926 et seq.) shall be used for a project for the construction,
24 alteration, maintenance, or repair of a public water or
† HR 2617 EAS2
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1 wastewater system unless all of the iron and steel products
2 used in the project are produced in the United States.
3 (2) In this section, the term ‘‘iron and steel products’’
4 means the following products made primarily of iron or
5 steel: lined or unlined pipes and fittings, manhole covers
6 and other municipal castings, hydrants, tanks, flanges, pipe
7 clamps and restraints, valves, structural steel, reinforced
8 precast concrete, and construction materials.
9 (b) Subsection (a) shall not apply in any case or cat-
10 egory of cases in which the Secretary of Agriculture (in this
11 section referred to as the ‘‘Secretary’’) or the designee of
12 the Secretary finds that—
13 (1) applying subsection (a) would be inconsistent
14 with the public interest;
15 (2) iron and steel products are not produced in
16 the United States in sufficient and reasonably avail-
17 able quantities or of a satisfactory quality; or
18 (3) inclusion of iron and steel products produced
19 in the United States will increase the cost of the over-
20 all project by more than 25 percent.
21 (c) If the Secretary or the designee receives a request
22 for a waiver under this section, the Secretary or the designee
23 shall make available to the public on an informal basis a
24 copy of the request and information available to the Sec-
25 retary or the designee concerning the request, and shall
† HR 2617 EAS2
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1 allow for informal public input on the request for at least
2 15 days prior to making a finding based on the request.
3 The Secretary or the designee shall make the request and
4 accompanying information available by electronic means,
5 including on the official public Internet Web site of the De-
6 partment.
7 (d) This section shall be applied in a manner con-
8 sistent with United States obligations under international
9 agreements.
10 (e) The Secretary may retain up to 0.25 percent of
11 the funds appropriated in this Act for ‘‘Rural Utilities
12 Service—Rural Water and Waste Disposal Program Ac-
13 count’’ for carrying out the provisions described in sub-
14 section (a)(1) for management and oversight of the require-
15 ments of this section.
16 (f) Subsection (a) shall not apply with respect to a
17 project for which the engineering plans and specifications
18 include use of iron and steel products otherwise prohibited
19 by such subsection if the plans and specifications have re-
20 ceived required approvals from State agencies prior to the
21 date of enactment of this Act.
22 (g) For purposes of this section, the terms ‘‘United
23 States’’ and ‘‘State’’ shall include each of the several States,
24 the District of Columbia, and each Federally recognized In-
25 dian Tribe.
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1 SEC. 735. None of the funds appropriated by this Act
2 may be used in any way, directly or indirectly, to influence
3 congressional action on any legislation or appropriation
4 matters pending before Congress, other than to commu-
5 nicate to Members of Congress as described in 18 U.S.C.
6 1913.
7 SEC. 736. Of the total amounts made available by this
8 Act for direct loans and grants under the following head-
9 ings: ‘‘Rural Housing Service—Rural Housing Insurance
10 Fund Program Account’’; ‘‘Rural Housing Service—Mu-
11 tual and Self-Help Housing Grants’’; ‘‘Rural Housing
12 Service—Rural Housing Assistance Grants’’; ‘‘Rural Hous-
13 ing Service—Rural Community Facilities Program Ac-
14 count’’; ‘‘Rural Business-Cooperative Service—Rural Busi-
15 ness Program Account’’; ‘‘Rural Business-Cooperative Serv-
16 ice—Rural Economic Development Loans Program Ac-
17 count’’; ‘‘Rural Business-Cooperative Service—Rural Coop-
18 erative Development Grants’’; ‘‘Rural Business-Cooperative
19 Service—Rural Microentrepreneur Assistance Program’’;
20 ‘‘Rural Utilities Service—Rural Water and Waste Disposal
21 Program Account’’; ‘‘Rural Utilities Service—Rural Elec-
22 trification and Telecommunications Loans Program Ac-
23 count’’; and ‘‘Rural Utilities Service—Distance Learning,
24 Telemedicine, and Broadband Program’’, to the maximum
25 extent feasible, at least 10 percent of the funds shall be allo-
† HR 2617 EAS2
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1 cated for assistance in persistent poverty counties under
2 this section, including, notwithstanding any other provision
3 regarding population limits, any county seat of such a per-
4 sistent poverty county that has a population that does not
5 exceed the authorized population limit by more than 10 per-
6 cent: Provided, That for purposes of this section, the term
7 ‘‘persistent poverty counties’’ means any county that has
8 had 20 percent or more of its population living in poverty
9 over the past 30 years, as measured by the 1990 and 2000
10 decennial censuses, and 2007–2011 American Community
11 Survey 5-year average, or any territory or possession of the
12 United States: Provided further, That with respect to spe-
13 cific activities for which program levels have been made
14 available by this Act that are not supported by budget au-
15 thority, the requirements of this section shall be applied to
16 such program level.
17 SEC. 737. None of the funds made available by this
18 Act may be used to notify a sponsor or otherwise acknowl-
19 edge receipt of a submission for an exemption for investiga-
20 tional use of a drug or biological product under section
21 505(i) of the Federal Food, Drug, and Cosmetic Act (21
22 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
23 Service Act (42 U.S.C. 262(a)(3)) in research in which a
24 human embryo is intentionally created or modified to in-
25 clude a heritable genetic modification. Any such submission
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1 shall be deemed to have not been received by the Secretary,
2 and the exemption may not go into effect.
3 SEC. 738. None of the funds made available by this
4 or any other Act may be used to enforce the final rule pro-
5 mulgated by the Food and Drug Administration entitled
6 ‘‘Standards for the Growing, Harvesting, Packing, and
7 Holding of Produce for Human Consumption,’’ and pub-
8 lished on November 27, 2015, with respect to the regulation
9 of entities that grow, harvest, pack, or hold wine grapes,
10 hops, pulse crops, or almonds.
11 SEC. 739. There is hereby appropriated $5,000,000, to
12 remain available until September 30, 2024, for a pilot pro-
13 gram for the National Institute of Food and Agriculture
14 to provide grants to nonprofit organizations for programs
15 and services to establish and enhance farming and ranching
16 opportunities for military veterans.
17 SEC. 740. For school years 2022–2023 and 2023–2024,
18 none of the funds made available by this Act may be used
19 to implement or enforce the matter following the first
20 comma in the second sentence of footnote (c) of section
21 220.8(c) of title 7, Code of Federal Regulations, with respect
22 to the substitution of vegetables for fruits under the school
23 breakfast program established under section 4 of the Child
24 Nutrition Act of 1966 (42 U.S.C. 1773).
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1 SEC. 741. None of the funds made available by this
2 Act or any other Act may be used—
3 (1) in contravention of section 7606 of the Agri-
4 cultural Act of 2014 (7 U.S.C. 5940), subtitle G of the
5 Agricultural Marketing Act of 1946, or section 10114
6 of the Agriculture Improvement Act of 2018; or
7 (2) to prohibit the transportation, processing,
8 sale, or use of hemp, or seeds of such plant, that is
9 grown or cultivated in accordance with section 7606
10 of the Agricultural Act of 2014 or subtitle G of the
11 Agricultural Marketing Act of 1946, within or outside
12 the State in which the hemp is grown or cultivated.
13 SEC. 742. There is hereby appropriated $3,000,000, to
14 remain available until expended, for grants under section
15 12502 of Public Law 115–334.
16 SEC. 743. There is hereby appropriated $1,000,000 to
17 carry out section 3307 of Public Law 115–334.
18 SEC. 744. The Secretary of Agriculture may waive the
19 matching funds requirement under section 412(g) of the Ag-
20 ricultural Research, Extension, and Education Reform Act
21 of 1998 (7 U.S.C. 7632(g)).
22 SEC. 745. There is hereby appropriated $2,000,000, to
23 remain available until expended, for a pilot program for
24 the Secretary to provide grants to qualified non-profit orga-
25 nizations and public housing authorities to provide tech-
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1 nical assistance, including financial and legal services, to
2 RHS multi-family housing borrowers to facilitate the ac-
3 quisition of RHS multi-family housing properties in areas
4 where the Secretary determines a risk of loss of affordable
5 housing, by non-profit housing organizations and public
6 housing authorities as authorized by law that commit to
7 keep such properties in the RHS multi-family housing pro-
8 gram for a period of time as determined by the Secretary.
9 SEC. 746. There is hereby appropriated $4,000,000, to
10 carry out section 4208 of Public Law 115–334, including
11 for project locations in additional regions.
12 SEC. 747. There is hereby appropriated $4,000,000 to
13 carry out section 12301 of Public Law 115–334, Farming
14 Opportunities Training and Outreach.
15 SEC. 748. In response to an eligible community where
16 the drinking water supplies are inadequate due to a natural
17 disaster, as determined by the Secretary, including drought
18 or severe weather, the Secretary may provide potable water
19 through the Emergency Community Water Assistance
20 Grant Program for an additional period of time not to ex-
21 ceed 120 days beyond the established period provided under
22 the Program in order to protect public health.
23 SEC. 749. Funds made available under title II of the
24 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
25 used to provide assistance to recipient nations if adequate
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1 monitoring and controls, as determined by the Adminis-
2 trator, are in place to ensure that emergency food aid is
3 received by the intended beneficiaries in areas affected by
4 food shortages and not diverted for unauthorized or inap-
5 propriate purposes.
6 SEC. 750. In this fiscal year and thereafter, and not-
7 withstanding any other provision of law, ARS facilities as
8 described in the ‘‘Memorandum of Understanding Between
9 the U.S. Department of Agriculture Animal and Plant
10 Health Inspection Service (APHIS) and the U.S. Depart-
11 ment of Agriculture Agricultural Research Service (ARS)
12 Concerning Laboratory Animal Welfare’’ (16–6100–0103–
13 MU Revision 16–1) shall be inspected by APHIS for com-
14 pliance with the Animal Welfare Act and its regulations
15 and standards.
16 SEC. 751. None of the funds made available by this
17 Act may be used to procure raw or processed poultry prod-
18 ucts imported into the United States from the People’s Re-
19 public of China for use in the school lunch program under
20 the Richard B. Russell National School Lunch Act (42
21 U.S.C. 1751 et seq.), the Child and Adult Care Food Pro-
22 gram under section 17 of such Act (42 U.S.C. 1766), the
23 Summer Food Service Program for Children under section
24 13 of such Act (42 U.S.C. 1761), or the school breakfast
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1 program under the Child Nutrition Act of 1966 (42 U.S.C.
2 1771 et seq.).
3 SEC. 752. For school year 2023–2024, only a school
4 food authority that had a negative balance in the nonprofit
5 school food service account as of June 30, 2022, shall be
6 required to establish a price for paid lunches in accordance
7 with section 12(p) of the Richard B. Russell National
8 School Lunch Act (42 U.S.C. 1760(p)).
9 SEC. 753. There is hereby appropriated $2,000,000, to
10 remain available until expended, for the Secretary of Agri-
11 culture to carry out a pilot program that assists rural hos-
12 pitals to improve long-term operations and financial health
13 by providing technical assistance through analysis of cur-
14 rent hospital management practices.
15 SEC. 754. Any funds made available by this or any
16 other Act that the Secretary withholds pursuant to section
17 1668(g)(2) of the Food, Agriculture, Conservation, and
18 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall
19 be available for grants for biotechnology risk assessment re-
20 search: Provided, That the Secretary may transfer such
21 funds among appropriations of the Department of Agri-
22 culture for purposes of making such grants.
23 SEC. 755. There is hereby appropriated $400,000 to
24 carry out section 1672(g)(4)(B) of the Food, Agriculture,
25 Conservation, and Trade Act of 1990 (7 U.S.C.
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1 5925(g)(4)(B)) as amended by section 7209 of Public Law
2 115–334.
3 SEC. 756. Hereafter, none of the funds made available
4 by this Act or any other Act, may be used to pay the sala-
5 ries or expenses of personnel to implement any activities
6 related to the permitting of non-recording of observed viola-
7 tions of the Animal Welfare Act or its regulations on official
8 inspection reports.
9 SEC. 757. For necessary expenses associated with cot-
10 ton classing activities pursuant to 7 U.S.C. 55, to include
11 equipment and facility upgrades, and in addition to any
12 other funds made available for this purpose, there is appro-
13 priated $4,000,000, to remain available until September 30,
14 2024: Provided, That amounts made available in this sec-
15 tion shall be treated as funds collected by fees authorized
16 under Mar. 4, 1923, ch. 288, §5, 42 Stat. 1518, as amended
17 (7 U.S.C. 55).
18 SEC. 758. Notwithstanding any other provision of law,
19 no funds available to the Department of Agriculture may
20 be used to move any staff office or any agency from the
21 mission area in which it was located on August 1, 2018,
22 to any other mission area or office within the Department
23 in the absence of the enactment of specific legislation affirm-
24 ing such move.
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1 SEC. 759. The Secretary, acting through the Chief of
2 the Natural Resources Conservation Service, may use funds
3 appropriated under this Act or any other Act for the Water-
4 shed and Flood Prevention Operations Program and the
5 Watershed Rehabilitation Program carried out pursuant to
6 the Watershed Protection and Flood Prevention Act (16
7 U.S.C. 1001 et seq.), and for the Emergency Watershed Pro-
8 tection Program carried out pursuant to section 403 of the
9 Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide
10 technical services for such programs pursuant to section
11 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
12 3851(a)(1)), notwithstanding subsection (c) of such section.
13 SEC. 760. In administering the pilot program estab-
14 lished by section 779 of division A of the Consolidated Ap-
15 propriations Act, 2018 (Public Law 115–141), the Sec-
16 retary of Agriculture may, for purposes of determining enti-
17 ties eligible to receive assistance, consider those communities
18 which are ‘‘Areas Rural in Character’’: Provided, That not
19 more than 10 percent of the funds made available under
20 the heading ‘‘Distance Learning, Telemedicine, and
21 Broadband Program’’ for the purposes of the pilot program
22 established by section 779 of Public Law 115–141 may be
23 used for this purpose.
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1 SEC. 761. None of the funds made available by this
2 Act may be used to pay the salaries or expenses of per-
3 sonnel—
4 (1) to inspect horses under section 3 of the Fed-
5 eral Meat Inspection Act (21 U.S.C. 603);
6 (2) to inspect horses under section 903 of the
7 Federal Agriculture Improvement and Reform Act of
8 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
9 (3) to implement or enforce section 352.19 of
10 title 9, Code of Federal Regulations (or a successor
11 regulation).
12 SEC. 762. In addition to amounts otherwise made
13 available by this Act and notwithstanding the last sentence
14 of 16 U.S.C. 1310, there is appropriated $4,000,000, to re-
15 main available until expended, to implement non-renewable
16 agreements on eligible lands, including flooded agricultural
17 lands, as determined by the Secretary, under the Water
18 Bank Act (16 U.S.C. 1301–1311).
19 SEC. 763. Out of amounts appropriated to the Food
20 and Drug Administration under title VI, the Secretary of
21 Health and Human Services, acting through the Commis-
22 sioner of Food and Drugs, shall, not later than September
23 30, 2023, and following the review required under Executive
24 Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
25 planning and review), issue advice revising the advice pro-
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1 vided in the notice of availability entitled ‘‘Advice About
2 Eating Fish, From the Environmental Protection Agency
3 and Food and Drug Administration; Revised Fish Advice;
4 Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in
5 a manner that is consistent with nutrition science recog-
6 nized by the Food and Drug Administration on the net ef-
7 fects of seafood consumption.
8 SEC. 764. There is hereby appropriated $5,000,000, to
9 remain available until expended, to carry out section 2103
10 of Public Law 115–334: Provided, That the Secretary shall
11 prioritize the wetland compliance needs of areas with sig-
12 nificant numbers of individual wetlands, wetland acres,
13 and conservation compliance requests.
14 SEC. 765. Notwithstanding any other provision of law,
15 the acceptable market name of any engineered animal ap-
16 proved prior to the effective date of the National Bioengi-
17 neered Food Disclosure Standard (February 19, 2019) shall
18 include the words ‘‘genetically engineered’’ prior to the ex-
19 isting acceptable market name.
20 SEC. 766. There is appropriated to the Department of
21 Agriculture, for an additional amount for ‘‘Agricultural
22 Programs—Processing, Research, and Marketing—Office of
23 the Secretary’’, $5,000,000, which shall remain available
24 until expended, for necessary expenses, under such terms
25 and conditions determined by the Secretary, related to test-
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1 ing soil, water, or agricultural products for per- and
2 polyfluoroalkyl substances (PFAS) at the request of an agri-
3 cultural producer, assisting agricultural producers affected
4 by PFAS contamination with costs related to mitigate the
5 impacts to their operation that have resulted from such con-
6 tamination and indemnifying agricultural producers for
7 the value of unmarketable crops, livestock, and other agri-
8 cultural products related to PFAS contamination: Pro-
9 vided, That the Secretary shall prioritize such assistance
10 to agricultural producers in states and territories that have
11 established a tolerance threshold for PFAS in a food or agri-
12 cultural product: Provided further, That, not later than 90
13 days after the end of fiscal year 2023, the Secretary shall
14 submit a report to the Congress specifying the type, amount,
15 and method of such assistance by state and territory and
16 the status of the amounts obligated and plans for further
17 expenditure, and include improvements that can be made
18 to U.S. Department of Agriculture programs, either admin-
19 istratively or legislatively, to increase support for agricul-
20 tural producers impacted by PFAS contamination and to
21 enhance scientific knowledge on PFAS uptake in crops and
22 livestock and PFAS mitigation and remediation methods
23 and disseminate such knowledge to agricultural producers.
24 SEC. 767. The Secretary shall set aside for Rural Eco-
25 nomic Area Partnership (REAP) Zones, until August 15,
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1 2023, an amount of funds made available in title III under
2 the headings of Rural Housing Insurance Fund Program
3 Account, Mutual and Self-Help Housing Grants, Rural
4 Housing Assistance Grants, Rural Community Facilities
5 Program Account, Rural Business Program Account, Rural
6 Development Loan Fund Program Account, and Rural
7 Water and Waste Disposal Program Account, equal to the
8 amount obligated in REAP Zones with respect to funds
9 provided under such headings in the most recent fiscal year
10 any such funds were obligated under such headings for
11 REAP Zones.
12 SEC. 768. There is hereby appropriated $500,000 to
13 carry out the duties of the working group established under
14 section 770 of the Agriculture, Rural Development, Food
15 and Drug Administration, and Related Agencies Appro-
16 priations Act, 2019 (Public Law 116–6; 133 Stat. 89).
17 SEC. 769. For an additional amount for the Office of
18 the Secretary, $15,000,000, to remain available until ex-
19 pended, to continue the Institute for Rural Partnerships as
20 established in section 778 of Public Law 117–103: Provided,
21 That the Institute for Rural Partnerships shall continue to
22 dedicate resources to researching the causes and conditions
23 of challenges facing rural areas, and develop community
24 partnerships to address such challenges: Provided further,
25 That administrative or other fees shall not exceed one per-
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1 cent: Provided further, That such partnership shall coordi-
2 nate and publish an annual report.
3 SEC. 770. Of the unobligated balances from prior year
4 appropriations made available under the heading ‘‘Farm
5 Service Agency—Agricultural Credit Insurance Fund Pro-
6 gram Account’’, $73,000,000 are hereby rescinded.
7 SEC. 771. In addition to the amount of reimbursement
8 for administrative and operating expenses available for
9 crop insurance contracts described in subsection (a)(2)(F)
10 of section III of the 2023 Standard Reinsurance Agreement
11 (SRA) that cover agricultural commodities described in sec-
12 tion 101 of title I of the Specialty Crops Competitiveness
13 Act of 2004 (7 U.S.C. 1621 note), there is hereby appro-
14 priated $25,000,000, to remain available until expended,
15 to pay, with respect to such contracts for the 2021 reinsur-
16 ance year, an amount that is equal to the difference between
17 the amount to be paid pursuant to the SRA for the applica-
18 ble reinsurance year and the amount that would be paid
19 if such contracts were not subject to a reduction described
20 in subsection (a)(2)(G) of section III of the SRA but subject
21 to a reimbursement rate equal to 17.5 percent of the net
22 book premium.
23 SEC. 772. For an additional amount for the ‘‘Office
24 of the Secretary’’, $1,300,000, to remain available until ex-
25 pended, for the Secretary, in consultation with the Sec-
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1 retary of the Department of Health and Human Services,
2 to enter into an agreement with the National Academies
3 of Sciences, Engineering, and Medicine to conduct a study
4 of the eight topics and scientific questions related to alcohol
5 previously published by USDA and HHS and other rel-
6 evant topics: Provided, That the panel or panels established
7 by the National Academies Sciences, Engineering, and Med-
8 icine to conduct the study shall operate in a fully trans-
9 parent manner and include a balanced representation of
10 individuals who have expertise in the health effects of alco-
11 hol consumption, are unbiased, and are free from conflicts
12 of interests: Provided further, That the findings and rec-
13 ommendations of the study shall be based on the preponder-
14 ance of the scientific and medical knowledge consistent with
15 section 5341 of title 7 of United States Code: Provided fur-
16 ther, That not later than eighteen months after the date of
17 enactment of this Act, the National Academies of Sciences,
18 Engineering, and Medicine shall submit its report to the
19 Secretary of Agriculture, the Secretary of Health and
20 Human Services, and the Congress of its systematic review
21 and data analysis of the eight research topics: Provided fur-
22 ther, That the Secretary of Agriculture shall ensure that the
23 2025 Dietary Guidelines for Americans process includes a
24 recommendation for alcohol and shall be based on the pre-
25 ponderance of scientific and medical knowledge consistent
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1 with section 5341 of title 7 of United States Code: Provided
2 further, That the Secretary of Agriculture shall ensure the
3 process is fully transparent and includes a balanced rep-
4 resentation of individuals who are unbiased and free from
5 conflicts of interest.
6 SEC. 773. The Secretary, as part of the report on for-
7 eign landholding required under the Agricultural Foreign
8 Investment Disclosure Act (Public Law 95–460), shall re-
9 port to Congress on foreign investments in agricultural land
10 in the United States, including the impact foreign owner-
11 ship has on family farms, rural communities, and the do-
12 mestic food supply: Provided, That within 3 years after the
13 enactment of this Act, the Secretary shall establish a
14 streamlined process for electronic submission and retention
15 of disclosures made under the Agricultural Foreign Invest-
16 ment Disclosure Act, including an internet database that
17 contains disaggregated data from each disclosure submitted:
18 Provided further, That all prior year disclosures of foreign
19 investments in agricultural land in the United States are
20 published in the database: Provided further, That the plan
21 includes a process to ensure the protection of personally
22 identifiable information and that all disclosures of foreign
23 investments in agricultural land on the USDA website be
24 disaggregated by: (1) in any case in which such foreign per-
25 son is an individual, the citizenship of such foreign person;
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1 and (2) in any case in which such foreign person is not
2 an individual or a government, the nature of the legal enti-
3 ty holding the interest, the country in which such foreign
4 person is created or organized, and the principal place of
5 business of such foreign person.
6 SEC. 774. Notwithstanding any other provision of law,
7 the common name ‘‘Kanpachi’’ shall serve as an acceptable
8 market name under the Federal Food, Drug, and Cosmetic
9 Act (21 U.S.C. 301 et seq.) for labeling and marketing of
10 ocean-farmed Seriola rivoliana.
11 SEC. 775. In this or any subsequent fiscal year, the
12 Secretary of Homeland Security shall transfer to the Sec-
13 retary of Agriculture the operation of and all property re-
14 quired to operate the National Bio- and Agro-Defense Facil-
15 ity in Manhattan, Kansas: Provided, That, such transfer
16 of function shall include the transfer of up to 40 full time
17 equivalent positions, to be completed within 120 days of the
18 effective date of the transfer of function, as jointly deter-
19 mined by the Secretaries.
20 SEC. 776. (a) Section 260 of the Agricultural Mar-
21 keting Act of 1946 (7 U.S.C. 1636i) is amended by striking
22 ‘‘2022’’ and inserting ‘‘2023’’.
23 (b) Section 942 of the Livestock Mandatory Reporting
24 Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) is
25 amended by striking ‘‘2022’’ and inserting ‘‘2023’’.
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1 SEC. 777. Section 18(g) of the Richard B. Russell Na-
2 tional School Lunch Act (42 U.S.C. 1769(g)) is amended
3 by striking ‘‘Access to Local Foods: Farm to School Pro-
4 gram.’’ and inserting ‘‘Access to Local Foods: Patrick
5 Leahy Farm to School Program’’.
6 SEC. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the
7 Secretary shall consider a city or town to be a rural area
8 for the purposes of eligibility for a guaranteed loan funded
9 through the Rural Community Facilities Program Account
10 if the project to be funded received a prior loan from such
11 account in fiscal year 2021.
12 SEC. 779. Of the unobligated balances in the ‘‘Non-
13 recurring Expenses Fund’’ established in section 742 of di-
14 vision A of Public Law 113–235, $150,000,000 are hereby
15 rescinded not later than September 30, 2023.
16 SEC. 780. Funds made available in the Consolidated
17 Appropriations Act, 2018 (Public Law 115–141) for the
18 ‘‘Rural Community Facilities Program Account’’ under
19 section 306 of the Consolidated Farm and Rural Develop-
20 ment Act, 7 U.S.C. 1926, for the principal amount of direct
21 loans are to remain available through fiscal year 2028 for
22 the liquidation of valid obligations incurred in fiscal year
23 2018.
24 SEC. 781. Of the unobligated balances from amounts
25 made available to carry out section 749(g) of the Agricul-
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1 tural Appropriations Act of 2010 (Public Law 111–80),
2 $80,000,000 are hereby rescinded: Provided, That no
3 amounts may be rescinded from amounts that were des-
4 ignated by the Congress as an emergency requirement pur-
5 suant to a Concurrent Resolution on the Budget or the Bal-
6 anced Budget and Emergency Deficit Control Act of 1985.
7 This division may be cited as the ‘‘Agriculture, Rural
8 Development, Food and Drug Administration, and Related
9 Agencies Appropriations Act, 2023’’.
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1 DIVISION B—COMMERCE, JUSTICE,
2 SCIENCE, AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2023
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 INTERNATIONAL TRADE ADMINISTRATION
7 OPERATIONS AND ADMINISTRATION
8 For necessary expenses for international trade activi-
9 ties of the Department of Commerce provided for by law,
10 to carry out activities associated with facilitating, attract-
11 ing, and retaining business investment in the United
12 States, and for engaging in trade promotional activities
13 abroad, including expenses of grants and cooperative agree-
14 ments for the purpose of promoting exports of United States
15 firms, without regard to sections 3702 and 3703 of title 44,
16 United States Code; full medical coverage for dependent
17 members of immediate families of employees stationed over-
18 seas and employees temporarily posted overseas; travel and
19 transportation of employees of the International Trade Ad-
20 ministration between two points abroad, without regard to
21 section 40118 of title 49, United States Code; employment
22 of citizens of the United States and aliens by contract for
23 services; rental of space abroad for periods not exceeding
24 10 years, and expenses of alteration, repair, or improve-
25 ment; purchase or construction of temporary demountable
† HR 2617 EAS2
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1 exhibition structures for use abroad; payment of tort claims,
2 in the manner authorized in the first paragraph of section
3 2672 of title 28, United States Code, when such claims arise
4 in foreign countries; not to exceed $294,300 for official rep-
5 resentation expenses abroad; purchase of passenger motor
6 vehicles for official use abroad, not to exceed $45,000 per
7 vehicle; not to exceed $325,000 for purchase of armored ve-
8 hicles without regard to the general purchase price limita-
9 tions; obtaining insurance on official motor vehicles; and
10 rental of tie lines, $625,000,000, of which $85,000,000 shall
11 remain available until September 30, 2024: Provided, That
12 $12,000,000 is to be derived from fees to be retained and
13 used by the International Trade Administration, notwith-
14 standing section 3302 of title 31, United States Code: Pro-
15 vided further, That, of amounts provided under this head-
16 ing, not less than $16,400,000 shall be for China anti-
17 dumping and countervailing duty enforcement and compli-
18 ance activities: Provided further, That the provisions of the
19 first sentence of section 105(f) and all of section 108(c) of
20 the Mutual Educational and Cultural Exchange Act of 1961
21 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
22 out these activities; and that for the purpose of this Act,
23 contributions under the provisions of the Mutual Edu-
24 cational and Cultural Exchange Act of 1961 shall include
25 payment for assessments for services provided as part of
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1 these activities: Provided further, That, of amounts pro-
2 vided under this heading, up to $3,000,000, to remain
3 available until expended, shall be for the purpose of car-
4 rying out a pilot fellowship program of the United States
5 Commercial Service under which the Secretary of Com-
6 merce may make competitive grants to appropriate institu-
7 tions of higher education or students to increase the level
8 of knowledge and awareness of, and interest in employment
9 with, that Service among minority students: Provided fur-
10 ther, That any grants awarded under such program shall
11 be made pursuant to regulations to be prescribed by the Sec-
12 retary, which shall require as a condition of the initial re-
13 ceipt of grant funds, a commitment by prospective grantees
14 to accept full-time employment in the Global Markets unit
15 of the International Trade Administration upon the com-
16 pletion of participation in the program.
17 BUREAU OF INDUSTRY AND SECURITY
18 OPERATIONS AND ADMINISTRATION
19 For necessary expenses for export administration and
20 national security activities of the Department of Commerce,
21 including costs associated with the performance of export
22 administration field activities both domestically and
23 abroad; full medical coverage for dependent members of im-
24 mediate families of employees stationed overseas; employ-
25 ment of citizens of the United States and aliens by contract
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1 for services abroad; payment of tort claims, in the manner
2 authorized in the first paragraph of section 2672 of title
3 28, United States Code, when such claims arise in foreign
4 countries; not to exceed $13,500 for official representation
5 expenses abroad; awards of compensation to informers
6 under the Export Control Reform Act of 2018 (subtitle B
7 of title XVII of the John S. McCain National Defense Au-
8 thorization Act for Fiscal Year 2019; Public Law 115–232;
9 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized
10 by section 1(b) of the Act of June 15, 1917 (40 Stat. 223;
11 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
12 for official use and motor vehicles for law enforcement use
13 with special requirement vehicles eligible for purchase with-
14 out regard to any price limitation otherwise established by
15 law, $191,000,000, of which $76,000,000 shall remain
16 available until expended: Provided, That the provisions of
17 the first sentence of section 105(f) and all of section 108(c)
18 of the Mutual Educational and Cultural Exchange Act of
19 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
20 rying out these activities: Provided further, That payments
21 and contributions collected and accepted for materials or
22 services provided as part of such activities may be retained
23 for use in covering the cost of such activities, and for pro-
24 viding information to the public with respect to the export
25 administration and national security activities of the De-
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1 partment of Commerce and other export control programs
2 of the United States and other governments.
3 ECONOMIC DEVELOPMENT ADMINISTRATION
4 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
5 For grants for economic development assistance as pro-
6 vided by the Public Works and Economic Development Act
7 of 1965, for trade adjustment assistance, and for grants au-
8 thorized by sections 27, 28, 29, and 30 of the Stevenson-
9 Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722,
10 3722a, 3722b, and 3723), as amended, $430,000,000 to re-
11 main available until expended, of which $50,000,000 shall
12 be for grants under section 27, $41,000,000 shall be for
13 grants under section 28, $41,000,000 shall be for grants
14 under section 29 in amounts determined by the Secretary,
15 and $2,500,000 shall be for grants under section 30: Pro-
16 vided, That any deviation from the amounts designated for
17 specific activities in the explanatory statement described in
18 section 4 (in the matter preceding division A of this consoli-
19 dated Act), or any use of deobligated balances of funds pro-
20 vided under this heading in previous years, shall be subject
21 to the procedures set forth in section 505 of this Act.
22 SALARIES AND EXPENSES
23 For necessary expenses of administering the economic
24 development assistance programs as provided for by law,
25 $68,000,000: Provided, That funds provided under this
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1 heading may be used to monitor projects approved pursuant
2 to title I of the Public Works Employment Act of 1976; title
3 II of the Trade Act of 1974; sections 27 through 30 of the
4 Stevenson-Wydler Technology Innovation Act of 1980 (15
5 U.S.C. 3722–3723), as amended; and the Community
6 Emergency Drought Relief Act of 1977.
7 MINORITY BUSINESS DEVELOPMENT AGENCY
8 MINORITY BUSINESS DEVELOPMENT
9 For necessary expenses of the Minority Business Devel-
10 opment Agency in fostering, promoting, and developing mi-
11 nority business enterprises, as authorized by law,
12 $70,000,000.
13 ECONOMIC AND STATISTICAL ANALYSIS
14 SALARIES AND EXPENSES
15 For necessary expenses, as authorized by law, of eco-
16 nomic and statistical analysis programs of the Department
17 of Commerce, $130,000,000, to remain available until Sep-
18 tember 30, 2024.
19 BUREAU OF THE CENSUS
20 CURRENT SURVEYS AND PROGRAMS
21 For necessary expenses for collecting, compiling, ana-
22 lyzing, preparing, and publishing statistics, provided for by
23 law, $330,000,000: Provided, That, from amounts provided
24 herein, funds may be used for promotion, outreach, and
25 marketing activities.
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1 PERIODIC CENSUSES AND PROGRAMS
2 For necessary expenses for collecting, compiling, ana-
3 lyzing, preparing, and publishing statistics for periodic
4 censuses and programs provided for by law, $1,155,000,000,
5 to remain available until September 30, 2024: Provided,
6 That, from amounts provided herein, funds may be used
7 for promotion, outreach, and marketing activities.
8 NATIONAL TELECOMMUNICATIONS AND INFORMATION
9 ADMINISTRATION
10 SALARIES AND EXPENSES
11 For necessary expenses, as provided for by law, of the
12 National Telecommunications and Information Adminis-
13 tration (NTIA), $62,000,000, to remain available until
14 September 30, 2024: Provided, That, notwithstanding 31
15 U.S.C. 1535(d), the Secretary of Commerce shall charge
16 Federal agencies for costs incurred in spectrum manage-
17 ment, analysis, operations, and related services, and such
18 fees shall be retained and used as offsetting collections for
19 costs of such spectrum services, to remain available until
20 expended: Provided further, That the Secretary of Com-
21 merce is authorized to retain and use as offsetting collec-
22 tions all funds transferred, or previously transferred, from
23 other Government agencies for all costs incurred in tele-
24 communications research, engineering, and related activi-
25 ties by the Institute for Telecommunication Sciences of
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1 NTIA, in furtherance of its assigned functions under this
2 paragraph, and such funds received from other Government
3 agencies shall remain available until expended.
4 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
5 CONSTRUCTION
6 For the administration of prior-year grants, recoveries
7 and unobligated balances of funds previously appropriated
8 are available for the administration of all open grants until
9 their expiration.
10 UNITED STATES PATENT AND TRADEMARK OFFICE
11 SALARIES AND EXPENSES
12 (INCLUDING TRANSFERS OF FUNDS)
13 For necessary expenses of the United States Patent and
14 Trademark Office (USPTO) provided for by law, including
15 defense of suits instituted against the Under Secretary of
16 Commerce for Intellectual Property and Director of the
17 USPTO, $4,253,404,000, to remain available until ex-
18 pended: Provided, That the sum herein appropriated from
19 the general fund shall be reduced as offsetting collections
20 of fees and surcharges assessed and collected by the USPTO
21 under any law are received during fiscal year 2023, so as
22 to result in a fiscal year 2023 appropriation from the gen-
23 eral fund estimated at $0: Provided further, That during
24 fiscal year 2023, should the total amount of such offsetting
25 collections be less than $4,253,404,000, this amount shall
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1 be reduced accordingly: Provided further, That any amount
2 received in excess of $4,253,404,000 in fiscal year 2023 and
3 deposited in the Patent and Trademark Fee Reserve Fund
4 shall remain available until expended: Provided further,
5 That the Director of USPTO shall submit a spending plan
6 to the Committees on Appropriations of the House of Rep-
7 resentatives and the Senate for any amounts made available
8 by the preceding proviso and such spending plan shall be
9 treated as a reprogramming under section 505 of this Act
10 and shall not be available for obligation or expenditure ex-
11 cept in compliance with the procedures set forth in that sec-
12 tion: Provided further, That any amounts reprogrammed
13 in accordance with the preceding proviso shall be trans-
14 ferred to the United States Patent and Trademark Office
15 ‘‘Salaries and Expenses’’ account: Provided further, That
16 the budget of the President submitted for fiscal year 2024
17 under section 1105 of title 31, United States Code, shall
18 include within amounts provided under this heading for
19 necessary expenses of the USPTO any increases that are
20 expected to result from an increase promulgated through
21 rule or regulation in offsetting collections of fees and sur-
22 charges assessed and collected by the USPTO under any law
23 in either fiscal year 2023 or fiscal year 2024: Provided fur-
24 ther, That from amounts provided herein, not to exceed
25 $13,500 shall be made available in fiscal year 2023 for offi-
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1 cial reception and representation expenses: Provided fur-
2 ther, That in fiscal year 2023 from the amounts made
3 available for ‘‘Salaries and Expenses’’ for the USPTO, the
4 amounts necessary to pay (1) the difference between the per-
5 centage of basic pay contributed by the USPTO and em-
6 ployees under section 8334(a) of title 5, United States Code,
7 and the normal cost percentage (as defined by section
8 8331(17) of that title) as provided by the Office of Personnel
9 Management (OPM) for USPTO’s specific use, of basic pay,
10 of employees subject to subchapter III of chapter 83 of that
11 title, and (2) the present value of the otherwise unfunded
12 accruing costs, as determined by OPM for USPTO’s specific
13 use of post-retirement life insurance and post-retirement
14 health benefits coverage for all USPTO employees who are
15 enrolled in Federal Employees Health Benefits (FEHB)
16 and Federal Employees Group Life Insurance (FEGLI),
17 shall be transferred to the Civil Service Retirement and Dis-
18 ability Fund, the FEGLI Fund, and the Employees FEHB
19 Fund, as appropriate, and shall be available for the author-
20 ized purposes of those accounts: Provided further, That any
21 differences between the present value factors published in
22 OPM’s yearly 300 series benefit letters and the factors that
23 OPM provides for USPTO’s specific use shall be recognized
24 as an imputed cost on USPTO’s financial statements, where
25 applicable: Provided further, That, notwithstanding any
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1 other provision of law, all fees and surcharges assessed and
2 collected by USPTO are available for USPTO only pursu-
3 ant to section 42(c) of title 35, United States Code, as
4 amended by section 22 of the Leahy-Smith America Invents
5 Act (Public Law 112–29): Provided further, That within
6 the amounts appropriated, $2,450,000 shall be transferred
7 to the ‘‘Office of Inspector General’’ account for activities
8 associated with carrying out investigations and audits re-
9 lated to the USPTO.
10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
12 (INCLUDING TRANSFER OF FUNDS)
13 For necessary expenses of the National Institute of
14 Standards and Technology (NIST), $953,000,000, to re-
15 main available until expended, of which not to exceed
16 $9,000,000 may be transferred to the ‘‘Working Capital
17 Fund’’: Provided, That of the amounts appropriated under
18 this heading, $62,532,000 shall be used for the projects, and
19 in the amounts, specified in the table immediately following
20 the paragraph ‘‘NIST STRS Community Project Funding/
21 NIST External Projects’’ in the explanatory statement de-
22 scribed in section 4 (in the matter preceding division A of
23 this consolidated Act): Provided further, That the amounts
24 made available for the projects referenced in the preceding
25 proviso may not be transferred for any other purpose: Pro-
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1 vided further, That not to exceed $5,000 shall be for official
2 reception and representation expenses: Provided further,
3 That NIST may provide local transportation for summer
4 undergraduate research fellowship program participants.
5 INDUSTRIAL TECHNOLOGY SERVICES
6 For necessary expenses for industrial technology serv-
7 ices, $212,000,000, to remain available until expended, of
8 which $175,000,000 shall be for the Hollings Manufacturing
9 Extension Partnership, and of which $37,000,000 shall be
10 for the Manufacturing USA Program.
11 CONSTRUCTION OF RESEARCH FACILITIES
12 For construction of new research facilities, including
13 architectural and engineering design, and for renovation
14 and maintenance of existing facilities, not otherwise pro-
15 vided for the National Institute of Standards and Tech-
16 nology, as authorized by sections 13 through 15 of the Na-
17 tional Institute of Standards and Technology Act (15
18 U.S.C. 278c–278e), $462,285,000, to remain available until
19 expended: Provided, That of the amounts appropriated
20 under this heading, $332,285,000 shall be used for the
21 projects, and in the amounts, specified in the table imme-
22 diately following the paragraph ‘‘NIST Construction Com-
23 munity Project Funding/NIST Extramural Construction’’
24 in the explanatory statement described in section 4 (in the
25 matter preceding division A of this consolidated Act): Pro-
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1 vided further, That up to one percent of amounts made
2 available for the projects referenced in the preceding proviso
3 may be used for the administrative costs of such projects:
4 Provided further, That the Director of the National Insti-
5 tute of Standards and Technology shall submit a spending
6 plan to the Committees on Appropriations of the House of
7 Representatives and the Senate for any amounts made
8 available by the preceding proviso and such spending plan
9 shall be treated as a reprogramming under section 505 of
10 this Act and shall not be available for obligation or expendi-
11 ture except in compliance with the procedures set forth in
12 that section: Provided further, That the Secretary of Com-
13 merce shall include in the budget justification materials for
14 fiscal year 2024 that the Secretary submits to Congress in
15 support of the Department of Commerce budget (as sub-
16 mitted with the budget of the President under section
17 1105(a) of title 31, United States Code) an estimate for each
18 National Institute of Standards and Technology construc-
19 tion project having a total multi-year program cost of more
20 than $5,000,000, and simultaneously the budget justifica-
21 tion materials shall include an estimate of the budgetary
22 requirements for each such project for each of the 5 subse-
23 quent fiscal years.
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1 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
2 OPERATIONS, RESEARCH, AND FACILITIES
3 (INCLUDING TRANSFER OF FUNDS)
4 For necessary expenses of activities authorized by law
5 for the National Oceanic and Atmospheric Administration,
6 including maintenance, operation, and hire of aircraft and
7 vessels; pilot programs for State-led fisheries management,
8 notwithstanding any other provision of law; grants, con-
9 tracts, or other payments to nonprofit organizations for the
10 purposes of conducting activities pursuant to cooperative
11 agreements; and relocation of facilities, $4,500,997,000, to
12 remain available until September 30, 2024: Provided, That
13 fees and donations received by the National Ocean Service
14 for the management of national marine sanctuaries may
15 be retained and used for the salaries and expenses associated
16 with those activities, notwithstanding section 3302 of title
17 31, United States Code: Provided further, That in addition,
18 $344,901,000 shall be derived by transfer from the fund en-
19 titled ‘‘Promote and Develop Fishery Products and Re-
20 search Pertaining to American Fisheries’’, which shall only
21 be used for fishery activities related to the Saltonstall-Ken-
22 nedy Grant Program; Fisheries Data Collections, Surveys,
23 and Assessments; Observers and Training; Fisheries Man-
24 agement Programs and Services; and Interjurisdictional
25 Fisheries Grants: Provided further, That not to exceed
† HR 2617 EAS2
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1 $71,299,000 shall be for payment to the ‘‘Department of
2 Commerce Working Capital Fund’’: Provided further, That
3 of the $4,868,898,000 provided for in direct obligations
4 under this heading, $4,500,997,000 is appropriated from
5 the general fund, $344,901,000 is provided by transfer, and
6 $23,000,000 is derived from recoveries of prior year obliga-
7 tions: Provided further, That of the amounts appropriated
8 under this heading, $111,465,000 shall be used for the
9 projects, and in the amounts, specified in the table imme-
10 diately following the paragraph ‘‘NOAA Community
11 Project Funding/NOAA Special Projects’’ in the explana-
12 tory statement described in section 4 (in the matter pre-
13 ceding division A of this consolidated Act): Provided fur-
14 ther, That the amounts made available for the projects ref-
15 erenced in the preceding proviso may not be transferred for
16 any other purpose: Provided further, That any deviation
17 from the amounts designated for specific activities in the
18 explanatory statement described in section 4 (in the matter
19 preceding division A of this consolidated Act), or any use
20 of deobligated balances of funds provided under this heading
21 in previous years, shall be subject to the procedures set forth
22 in section 505 of this Act: Provided further, That in addi-
23 tion, for necessary retired pay expenses under the Retired
24 Serviceman’s Family Protection and Survivor Benefits
25 Plan, and for payments for the medical care of retired per-
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1 sonnel and their dependents under the Dependents’ Medical
2 Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
3 PROCUREMENT, ACQUISITION AND CONSTRUCTION
4 For procurement, acquisition and construction of cap-
5 ital assets, including alteration and modification costs, of
6 the National Oceanic and Atmospheric Administration,
7 $1,653,630,000, to remain available until September 30,
8 2025, except that funds provided for acquisition and con-
9 struction of vessels and aircraft, and construction of facili-
10 ties shall remain available until expended: Provided, That
11 of the $1,666,630,000 provided for in direct obligations
12 under this heading, $1,653,630,000 is appropriated from
13 the general fund and $13,000,000 is provided from recov-
14 eries of prior year obligations: Provided further, That any
15 deviation from the amounts designated for specific activities
16 in the explanatory statement described in section 4 (in the
17 matter preceding division A of this consolidated Act), or
18 any use of deobligated balances of funds provided under this
19 heading in previous years, shall be subject to the procedures
20 set forth in section 505 of this Act: Provided further, That
21 the Secretary of Commerce shall include in budget justifica-
22 tion materials for fiscal year 2024 that the Secretary sub-
23 mits to Congress in support of the Department of Commerce
24 budget (as submitted with the budget of the President under
25 section 1105(a) of title 31, United States Code) an estimate
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1 for each National Oceanic and Atmospheric Administration
2 procurement, acquisition or construction project having a
3 total of more than $5,000,000 and simultaneously the budg-
4 et justification shall include an estimate of the budgetary
5 requirements for each such project for each of the 5 subse-
6 quent fiscal years.
7 PACIFIC COASTAL SALMON RECOVERY
8 For necessary expenses associated with the restoration
9 of Pacific salmon populations, $65,000,000, to remain
10 available until September 30, 2024: Provided, That, of the
11 funds provided herein, the Secretary of Commerce may
12 issue grants to the States of Washington, Oregon, Idaho,
13 Nevada, California, and Alaska, and to the federally recog-
14 nized Tribes of the Columbia River and Pacific Coast (in-
15 cluding Alaska), for projects necessary for conservation of
16 salmon and steelhead populations that are listed as threat-
17 ened or endangered, or that are identified by a State as
18 at-risk to be so listed, for maintaining populations nec-
19 essary for exercise of Tribal treaty fishing rights or native
20 subsistence fishing, or for conservation of Pacific coastal
21 salmon and steelhead habitat, based on guidelines to be de-
22 veloped by the Secretary of Commerce: Provided further,
23 That all funds shall be allocated based on scientific and
24 other merit principles and shall not be available for mar-
25 keting activities: Provided further, That funds disbursed to
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1 States shall be subject to a matching requirement of funds
2 or documented in-kind contributions of at least 33 percent
3 of the Federal funds.
4 FISHERIES DISASTER ASSISTANCE
5 For necessary expenses of administering the fishery
6 disaster assistance programs authorized by the Magnuson-
7 Stevens Fishery Conservation and Management Act (Public
8 Law 94–265) and the Interjurisdictional Fisheries Act (title
9 III of Public Law 99–659), $300,000.
10 FISHERMEN’S CONTINGENCY FUND
11 For carrying out the provisions of title IV of Public
12 Law 95–372, not to exceed $349,000, to be derived from re-
13 ceipts collected pursuant to that Act, to remain available
14 until expended.
15 FISHERIES FINANCE PROGRAM ACCOUNT
16 Subject to section 502 of the Congressional Budget Act
17 of 1974, during fiscal year 2023, obligations of direct loans
18 may not exceed $24,000,000 for Individual Fishing Quota
19 loans and not to exceed $100,000,000 for traditional direct
20 loans as authorized by the Merchant Marine Act of 1936.
21 DEPARTMENTAL MANAGEMENT
22 SALARIES AND EXPENSES
23 For necessary expenses for the management of the De-
24 partment of Commerce provided for by law, including not
25 to exceed $4,500 for official reception and representation,
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1 $95,000,000: Provided, That no employee of the Department
2 of Commerce may be detailed or assigned from a bureau
3 or office funded by this Act or any other Act to offices with-
4 in the Office of the Secretary of the Department of Com-
5 merce for more than 180 days in a fiscal year unless the
6 individual’s employing bureau or office is fully reimbursed
7 for the salary and expenses of the employee for the entire
8 period of assignment using funds provided under this head-
9 ing: Provided further, That amounts made available to the
10 Department of Commerce in this or any prior Act may not
11 be transferred pursuant to section 508 of this or any prior
12 Act to the account funded under this heading, except in the
13 case of extraordinary circumstances that threaten life or
14 property.
15 RENOVATION AND MODERNIZATION
16 For necessary expenses for the renovation and mod-
17 ernization of the Herbert C. Hoover Building, $1,142,000.
18 NONRECURRING EXPENSES FUND
19 For necessary expenses for technology modernization
20 projects and cybersecurity risk mitigation of the Depart-
21 ment of Commerce, $35,000,000, to remain available until
22 September 30, 2025: Provided, That amounts made avail-
23 able under this heading are in addition to such other funds
24 as may be available for such purposes: Provided further,
25 That any unobligated balances of expired discretionary
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1 funds transferred to the Department of Commerce Non-
2 recurring Expenses Fund, as authorized by section 111 of
3 title I of division B of Public Law 116–93, may be obligated
4 only after the Committees on Appropriations of the House
5 of Representatives and the Senate are notified at least 15
6 days in advance of the planned use of funds.
7 OFFICE OF INSPECTOR GENERAL
8 For necessary expenses of the Office of Inspector Gen-
9 eral in carrying out the provisions of the Inspector General
10 Act of 1978 (5 U.S.C. App.), $48,000,000.
11 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
12 (INCLUDING TRANSFER OF FUNDS)
13 SEC. 101. During the current fiscal year, applicable
14 appropriations and funds made available to the Depart-
15 ment of Commerce by this Act shall be available for the
16 activities specified in the Act of October 26, 1949 (15 U.S.C.
17 1514), to the extent and in the manner prescribed by the
18 Act, and, notwithstanding 31 U.S.C. 3324, may be used for
19 advanced payments not otherwise authorized only upon the
20 certification of officials designated by the Secretary of Com-
21 merce that such payments are in the public interest.
22 SEC. 102. During the current fiscal year, appropria-
23 tions made available to the Department of Commerce by
24 this Act for salaries and expenses shall be available for hire
25 of passenger motor vehicles as authorized by 31 U.S.C. 1343
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1 and 1344; services as authorized by 5 U.S.C. 3109; and uni-
2 forms or allowances therefor, as authorized by law (5 U.S.C.
3 5901–5902).
4 SEC. 103. Not to exceed 5 percent of any appropriation
5 made available for the current fiscal year for the Depart-
6 ment of Commerce in this Act may be transferred between
7 such appropriations, but no such appropriation shall be in-
8 creased by more than 10 percent by any such transfers: Pro-
9 vided, That any transfer pursuant to this section shall be
10 treated as a reprogramming of funds under section 505 of
11 this Act and shall not be available for obligation or expendi-
12 ture except in compliance with the procedures set forth in
13 that section: Provided further, That the Secretary of Com-
14 merce shall notify the Committees on Appropriations at
15 least 15 days in advance of the acquisition or disposal of
16 any capital asset (including land, structures, and equip-
17 ment) not specifically provided for in this Act or any other
18 law appropriating funds for the Department of Commerce.
19 SEC. 104. The requirements set forth by section 105
20 of the Commerce, Justice, Science, and Related Agencies
21 Appropriations Act, 2012 (Public Law 112–55), as amend-
22 ed by section 105 of title I of division B of Public Law
23 113–6, are hereby adopted by reference and made applicable
24 with respect to fiscal year 2023: Provided, That the life
25 cycle cost for the Joint Polar Satellite System is
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1 $11,322,125,000, the life cycle cost of the Polar Follow On
2 Program is $6,837,900,000, the life cycle cost for the Geo-
3 stationary Operational Environmental Satellite R-Series
4 Program is $11,700,100,000, and the life cycle cost for the
5 Space Weather Follow On Program is $692,800,000.
6 SEC. 105. Notwithstanding any other provision of law,
7 the Secretary of Commerce may furnish services (including
8 but not limited to utilities, telecommunications, and secu-
9 rity services) necessary to support the operation, mainte-
10 nance, and improvement of space that persons, firms, or
11 organizations are authorized, pursuant to the Public Build-
12 ings Cooperative Use Act of 1976 or other authority, to use
13 or occupy in the Herbert C. Hoover Building, Washington,
14 DC, or other buildings, the maintenance, operation, and
15 protection of which has been delegated to the Secretary from
16 the Administrator of General Services pursuant to the Fed-
17 eral Property and Administrative Services Act of 1949 on
18 a reimbursable or non-reimbursable basis. Amounts received
19 as reimbursement for services provided under this section
20 or the authority under which the use or occupancy of the
21 space is authorized, up to $200,000, shall be credited to the
22 appropriation or fund which initially bears the costs of
23 such services.
24 SEC. 106. Nothing in this title shall be construed to
25 prevent a grant recipient from deterring child pornography,
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1 copyright infringement, or any other unlawful activity over
2 its networks.
3 SEC. 107. The Administrator of the National Oceanic
4 and Atmospheric Administration is authorized to use, with
5 their consent, with reimbursement and subject to the limits
6 of available appropriations, the land, services, equipment,
7 personnel, and facilities of any department, agency, or in-
8 strumentality of the United States, or of any State, local
9 government, Indian Tribal government, Territory, or pos-
10 session, or of any political subdivision thereof, or of any
11 foreign government or international organization, for pur-
12 poses related to carrying out the responsibilities of any stat-
13 ute administered by the National Oceanic and Atmospheric
14 Administration.
15 SEC. 108. The National Technical Information Service
16 shall not charge any customer for a copy of any report or
17 document generated by the Legislative Branch unless the
18 Service has provided information to the customer on how
19 an electronic copy of such report or document may be
20 accessed and downloaded for free online. Should a customer
21 still require the Service to provide a printed or digital copy
22 of the report or document, the charge shall be limited to
23 recovering the Service’s cost of processing, reproducing, and
24 delivering such report or document.
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1 SEC. 109. To carry out the responsibilities of the Na-
2 tional Oceanic and Atmospheric Administration (NOAA),
3 the Administrator of NOAA is authorized to: (1) enter into
4 grants and cooperative agreements with; (2) use on a non-
5 reimbursable basis land, services, equipment, personnel, and
6 facilities provided by; and (3) receive and expend funds
7 made available on a consensual basis from: a Federal agen-
8 cy, State or subdivision thereof, local government, Tribal
9 government, Territory, or possession or any subdivisions
10 thereof: Provided, That funds received for permitting and
11 related regulatory activities pursuant to this section shall
12 be deposited under the heading ‘‘National Oceanic and At-
13 mospheric Administration—Operations, Research, and Fa-
14 cilities’’ and shall remain available until September 30,
15 2024, for such purposes: Provided further, That all funds
16 within this section and their corresponding uses are subject
17 to section 505 of this Act.
18 SEC. 110. Amounts provided by this Act or by any
19 prior appropriations Act that remain available for obliga-
20 tion, for necessary expenses of the programs of the Econom-
21 ics and Statistics Administration of the Department of
22 Commerce, including amounts provided for programs of the
23 Bureau of Economic Analysis and the Bureau of the Cen-
24 sus, shall be available for expenses of cooperative agreements
25 with appropriate entities, including any Federal, State, or
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1 local governmental unit, or institution of higher education,
2 to aid and promote statistical, research, and methodology
3 activities which further the purposes for which such
4 amounts have been made available.
5 SEC. 111. Amounts provided by this Act for the Hol-
6 lings Manufacturing Extension Partnership under the
7 heading ‘‘National Institute of Standards and Tech-
8 nology—Industrial Technology Services’’ shall not be sub-
9 ject to cost share requirements under 15 U.S.C. 278k(e)(2):
10 Provided, That the authority made available pursuant to
11 this section shall be elective, in whole or in part, for any
12 Manufacturing Extension Partnership Center that also re-
13 ceives funding from a State that is conditioned upon the
14 application of a Federal cost sharing requirement.
15 SEC. 112. The Secretary of Commerce, or the designee
16 of the Secretary, may waive—
17 (1) in whole or in part, the matching require-
18 ments under sections 306 and 306A, and the cost
19 sharing requirements under section 315, of the Coast-
20 al Zone Management Act of 1972 (16 U.S.C. 1455,
21 1455a, and 1461) as necessary at the request of the
22 grant applicant, for amounts made available under
23 this Act under the heading ‘‘Operations, Research,
24 and Facilities’’ under the heading ‘‘National Oceanic
25 and Atmospheric Administration’’; and
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1 (2) up to 50 percent of the matching require-
2 ments under sections 306 and 306A, and the cost
3 sharing requirements under section 315, of the Coast-
4 al Zone Management Act of 1972 (16 U.S.C. 1455,
5 1455a, and 1461) as necessary at the request of the
6 grant applicant, for amounts made available under
7 this Act under the heading ‘‘Procurement, Acquisition
8 and Construction’’ under the heading ‘‘National Oce-
9 anic and Atmospheric Administration’’.
10 This title may be cited as the ‘‘Department of Com-
11 merce Appropriations Act, 2023’’.
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1 TITLE II
2 DEPARTMENT OF JUSTICE
3 GENERAL ADMINISTRATION
4 SALARIES AND EXPENSES
5 For expenses necessary for the administration of the
6 Department of Justice, $145,000,000, of which $4,000,000
7 shall remain available until September 30, 2024, and of
8 which not to exceed $4,000,000 for security and construc-
9 tion of Department of Justice facilities shall remain avail-
10 able until expended.
11 JUSTICE INFORMATION SHARING TECHNOLOGY
12 (INCLUDING TRANSFER OF FUNDS)
13 For necessary expenses for information sharing tech-
14 nology, including planning, development, deployment and
15 departmental direction, $138,000,000, to remain available
16 until expended: Provided, That the Attorney General may
17 transfer up to $40,000,000 to this account, from funds
18 available to the Department of Justice for information tech-
19 nology, to remain available until expended, for enterprise-
20 wide information technology initiatives: Provided further,
21 That the transfer authority in the preceding proviso is in
22 addition to any other transfer authority contained in this
23 Act: Provided further, That any transfer pursuant to the
24 first proviso shall be treated as a reprogramming under sec-
25 tion 505 of this Act and shall not be available for obligation
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1 or expenditure except in compliance with the procedures set
2 forth in that section.
3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
4 (INCLUDING TRANSFER OF FUNDS)
5 For expenses necessary for the administration of immi-
6 gration-related activities of the Executive Office for Immi-
7 gration Review, $860,000,000, of which $4,000,000 shall be
8 derived by transfer from the Executive Office for Immigra-
9 tion Review fees deposited in the ‘‘Immigration Examina-
10 tions Fee’’ account, and of which not less than $29,000,000
11 shall be available for services and activities provided by the
12 Legal Orientation Program: Provided, That not to exceed
13 $50,000,000 of the total amount made available under this
14 heading shall remain available until September 30, 2027,
15 for build-out and modifications of courtroom space.
16 OFFICE OF INSPECTOR GENERAL
17 For necessary expenses of the Office of Inspector Gen-
18 eral, $139,000,000, including not to exceed $10,000 to meet
19 unforeseen emergencies of a confidential character: Pro-
20 vided, That not to exceed $4,000,000 shall remain available
21 until September 30, 2024.
22 UNITED STATES PAROLE COMMISSION
23 SALARIES AND EXPENSES
24 For necessary expenses of the United States Parole
25 Commission as authorized, $14,591,000: Provided, That,
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1 notwithstanding any other provision of law, upon the expi-
2 ration of a term of office of a Commissioner, the Commis-
3 sioner may continue to act until a successor has been ap-
4 pointed.
5 LEGAL ACTIVITIES
6 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
7 (INCLUDING TRANSFER OF FUNDS)
8 For expenses necessary for the legal activities of the
9 Department of Justice, not otherwise provided for, includ-
10 ing not to exceed $20,000 for expenses of collecting evidence,
11 to be expended under the direction of, and to be accounted
12 for solely under the certificate of, the Attorney General; the
13 administration of pardon and clemency petitions; and rent
14 of private or Government-owned space in the District of Co-
15 lumbia, $1,138,000,000, of which not to exceed $50,000,000
16 for litigation support contracts and information technology
17 projects, including cybersecurity and hardening of critical
18 networks, shall remain available until expended: Provided,
19 That of the amount provided for INTERPOL Washington
20 dues payments, not to exceed $685,000 shall remain avail-
21 able until expended: Provided further, That of the total
22 amount appropriated, not to exceed $9,000 shall be avail-
23 able to INTERPOL Washington for official reception and
24 representation expenses: Provided further, That of the total
25 amount appropriated, not to exceed $9,000 shall be avail-
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1 able to the Criminal Division for official reception and rep-
2 resentation expenses: Provided further, That notwith-
3 standing section 205 of this Act, upon a determination by
4 the Attorney General that emergent circumstances require
5 additional funding for litigation activities of the Civil Divi-
6 sion, the Attorney General may transfer such amounts to
7 ‘‘Salaries and Expenses, General Legal Activities’’ from
8 available appropriations for the current fiscal year for the
9 Department of Justice, as may be necessary to respond to
10 such circumstances: Provided further, That any transfer
11 pursuant to the preceding proviso shall be treated as a re-
12 programming under section 505 of this Act and shall not
13 be available for obligation or expenditure except in compli-
14 ance with the procedures set forth in that section: Provided
15 further, That of the amount appropriated, such sums as
16 may be necessary shall be available to the Civil Rights Divi-
17 sion for salaries and expenses associated with the election
18 monitoring program under section 8 of the Voting Rights
19 Act of 1965 (52 U.S.C. 10305) and to reimburse the Office
20 of Personnel Management for such salaries and expenses:
21 Provided further, That of the amounts provided under this
22 heading for the election monitoring program, $3,390,000
23 shall remain available until expended: Provided further,
24 That any funds provided under this heading in prior year
25 appropriations Acts that remain available to the Civil
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1 Rights Division for salaries and expenses associated with
2 the election monitoring program under section 8 of the Vot-
3 ing Rights Act of 1965 (52 U.S.C. 10305) may also be used
4 to carry out any authorized purposes of the Civil Rights
5 Division: Provided further, That amounts repurposed by the
6 preceding proviso may not be used to increase the number
7 of permanent positions.
8 In addition, for reimbursement of expenses of the De-
9 partment of Justice associated with processing cases under
10 the National Childhood Vaccine Injury Act of 1986,
11 $31,738,000, to be appropriated from the Vaccine Injury
12 Compensation Trust Fund and to remain available until
13 expended.
14 SALARIES AND EXPENSES, ANTITRUST DIVISION
15 For expenses necessary for the enforcement of antitrust
16 and kindred laws, $225,000,000, to remain available until
17 expended, of which not to exceed $5,000 shall be available
18 for official reception and representation expenses: Provided,
19 That notwithstanding any other provision of law, fees col-
20 lected for premerger notification filings under the Hart-
21 Scott-Rodino Antitrust Improvements Act of 1976 (15
22 U.S.C. 18a), regardless of the year of collection (and esti-
23 mated to be $190,000,000 in fiscal year 2023), shall be re-
24 tained and used for necessary expenses in this appropria-
25 tion, and shall remain available until expended: Provided
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1 further, That the sum herein appropriated from the general
2 fund shall be reduced as such offsetting collections are re-
3 ceived during fiscal year 2023, so as to result in a final
4 fiscal year 2023 appropriation from the general fund esti-
5 mated at $35,000,000.
6 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
7 For necessary expenses of the Offices of the United
8 States Attorneys, including inter-governmental and cooper-
9 ative agreements, $2,632,000,000: Provided, That of the
10 total amount appropriated, not to exceed $19,600 shall be
11 available for official reception and representation expenses:
12 Provided further, That not to exceed $40,000,000 shall re-
13 main available until expended: Provided further, That each
14 United States Attorney shall establish or participate in a
15 task force on human trafficking.
16 UNITED STATES TRUSTEE SYSTEM FUND
17 For necessary expenses of the United States Trustee
18 Program, as authorized, $255,000,000, to remain available
19 until expended: Provided, That, notwithstanding any other
20 provision of law, deposits of discretionary offsetting collec-
21 tions to the United States Trustee System Fund and
22 amounts herein appropriated shall be available in such
23 amounts as may be necessary to pay refunds due depositors:
24 Provided further, That, notwithstanding any other provi-
25 sion of law, fees deposited into the Fund as discretionary
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1 offsetting collections pursuant to section 589a of title 28,
2 United States Code (as limited by section 589a(f)(2) of title
3 28, United States Code), shall be retained and used for nec-
4 essary expenses in this appropriation and shall remain
5 available until expended: Provided further, That to the ex-
6 tent that fees deposited into the Fund as discretionary off-
7 setting collections in fiscal year 2023, net of amounts nec-
8 essary to pay refunds due depositors, exceed $255,000,000,
9 those excess amounts shall be available in future fiscal years
10 only to the extent provided in advance in appropriations
11 Acts: Provided further, That the sum herein appropriated
12 from the general fund shall be reduced (1) as such fees are
13 received during fiscal year 2023, net of amounts necessary
14 to pay refunds due depositors, (estimated at $269,000,000)
15 and (2) to the extent that any remaining general fund ap-
16 propriations can be derived from amounts deposited in the
17 Fund as discretionary offsetting collections in previous fis-
18 cal years that are not otherwise appropriated, so as to result
19 in a final fiscal year 2023 appropriation from the general
20 fund estimated at $0.
21 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
22 COMMISSION
23 For expenses necessary to carry out the activities of
24 the Foreign Claims Settlement Commission, including serv-
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1 ices as authorized by section 3109 of title 5, United States
2 Code, $2,504,000.
3 FEES AND EXPENSES OF WITNESSES
4 For fees and expenses of witnesses, for expenses of con-
5 tracts for the procurement and supervision of expert wit-
6 nesses, for private counsel expenses, including advances,
7 and for expenses of foreign counsel, $270,000,000, to remain
8 available until expended, of which not to exceed $16,000,000
9 is for construction of buildings for protected witness
10 safesites; not to exceed $3,000,000 is for the purchase and
11 maintenance of armored and other vehicles for witness secu-
12 rity caravans; and not to exceed $35,000,000 is for the pur-
13 chase, installation, maintenance, and upgrade of secure
14 telecommunications equipment and a secure automated in-
15 formation network to store and retrieve the identities and
16 locations of protected witnesses: Provided, That amounts
17 made available under this heading may not be transferred
18 pursuant to section 205 of this Act.
19 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
20 (INCLUDING TRANSFER OF FUNDS)
21 For necessary expenses of the Community Relations
22 Service, $25,024,000: Provided, That notwithstanding sec-
23 tion 205 of this Act, upon a determination by the Attorney
24 General that emergent circumstances require additional
25 funding for conflict resolution and violence prevention ac-
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1 tivities of the Community Relations Service, the Attorney
2 General may transfer such amounts to the Community Re-
3 lations Service, from available appropriations for the cur-
4 rent fiscal year for the Department of Justice, as may be
5 necessary to respond to such circumstances: Provided fur-
6 ther, That any transfer pursuant to the preceding proviso
7 shall be treated as a reprogramming under section 505 of
8 this Act and shall not be available for obligation or expendi-
9 ture except in compliance with the procedures set forth in
10 that section.
11 ASSETS FORFEITURE FUND
12 For expenses authorized by subparagraphs (B), (F),
13 and (G) of section 524(c)(1) of title 28, United States Code,
14 $20,514,000, to be derived from the Department of Justice
15 Assets Forfeiture Fund.
16 UNITED STATES MARSHALS SERVICE
17 SALARIES AND EXPENSES
18 For necessary expenses of the United States Marshals
19 Service, $1,705,000,000, of which not to exceed $20,000
20 shall be available for official reception and representation
21 expenses, and not to exceed $25,000,000 shall remain avail-
22 able until expended.
23 CONSTRUCTION
24 For construction in space that is controlled, occupied,
25 or utilized by the United States Marshals Service for pris-
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1 oner holding and related support, $18,000,000, to remain
2 available until expended.
3 FEDERAL PRISONER DETENTION
4 For necessary expenses related to United States pris-
5 oners in the custody of the United States Marshals Service
6 as authorized by section 4013 of title 18, United States
7 Code, $2,129,789,000, to remain available until expended:
8 Provided, That not to exceed $20,000,000 shall be considered
9 ‘‘funds appropriated for State and local law enforcement
10 assistance’’ pursuant to section 4013(b) of title 18, United
11 States Code: Provided further, That the United States Mar-
12 shals Service shall be responsible for managing the Justice
13 Prisoner and Alien Transportation System.
14 NATIONAL SECURITY DIVISION
15 SALARIES AND EXPENSES
16 (INCLUDING TRANSFER OF FUNDS)
17 For expenses necessary to carry out the activities of
18 the National Security Division, $133,512,000, of which not
19 to exceed $5,000,000 for information technology systems
20 shall remain available until expended: Provided, That not-
21 withstanding section 205 of this Act, upon a determination
22 by the Attorney General that emergent circumstances re-
23 quire additional funding for the activities of the National
24 Security Division, the Attorney General may transfer such
25 amounts to this heading from available appropriations for
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1 the current fiscal year for the Department of Justice, as
2 may be necessary to respond to such circumstances: Pro-
3 vided further, That any transfer pursuant to the preceding
4 proviso shall be treated as a reprogramming under section
5 505 of this Act and shall not be available for obligation
6 or expenditure except in compliance with the procedures set
7 forth in that section.
8 INTERAGENCY LAW ENFORCEMENT
9 INTERAGENCY CRIME AND DRUG ENFORCEMENT
10 For necessary expenses for the identification, inves-
11 tigation, and prosecution of individuals associated with the
12 most significant drug trafficking organizations,
13 transnational organized crime, and money laundering or-
14 ganizations not otherwise provided for, to include inter-gov-
15 ernmental agreements with State and local law enforcement
16 agencies engaged in the investigation and prosecution of in-
17 dividuals involved in transnational organized crime and
18 drug trafficking, $550,458,000, of which $50,000,000 shall
19 remain available until expended: Provided, That any
20 amounts obligated from appropriations under this heading
21 may be used under authorities available to the organiza-
22 tions reimbursed from this appropriation.
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1 FEDERAL BUREAU OF INVESTIGATION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Federal Bureau of Inves-
4 tigation for detection, investigation, and prosecution of
5 crimes against the United States, $10,676,000,000, of which
6 not to exceed $216,900,000 shall remain available until ex-
7 pended: Provided, That not to exceed $284,000 shall be
8 available for official reception and representation expenses.
9 CONSTRUCTION
10 For necessary expenses, to include the cost of equip-
11 ment, furniture, and information technology requirements,
12 related to construction or acquisition of buildings, facilities,
13 and sites by purchase, or as otherwise authorized by law;
14 conversion, modification, and extension of federally owned
15 buildings; preliminary planning and design of projects; and
16 operation and maintenance of secure work environment fa-
17 cilities and secure networking capabilities; $651,895,000, to
18 remain available until expended.
19 DRUG ENFORCEMENT ADMINISTRATION
20 SALARIES AND EXPENSES
21 For necessary expenses of the Drug Enforcement Ad-
22 ministration, including not to exceed $70,000 to meet un-
23 foreseen emergencies of a confidential character pursuant
24 to section 530C of title 28, United States Code; and expenses
25 for conducting drug education and training programs, in-
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1 cluding travel and related expenses for participants in such
2 programs and the distribution of items of token value that
3 promote the goals of such programs, $2,563,116,000, of
4 which not to exceed $75,000,000 shall remain available
5 until expended and not to exceed $90,000 shall be available
6 for official reception and representation expenses: Provided,
7 That, notwithstanding section 3672 of Public Law 106–310,
8 up to $10,000,000 may be used to reimburse States, units
9 of local government, Indian Tribal Governments, other pub-
10 lic entities, and multi-jurisdictional or regional consortia
11 thereof for expenses incurred to clean up and safely dispose
12 of substances associated with clandestine methamphetamine
13 laboratories, conversion and extraction operations, tableting
14 operations, or laboratories and processing operations for
15 fentanyl and fentanyl-related substances which may present
16 a danger to public health or the environment.
17 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
18 EXPLOSIVES
19 SALARIES AND EXPENSES
20 For necessary expenses of the Bureau of Alcohol, To-
21 bacco, Firearms and Explosives, for training of State and
22 local law enforcement agencies with or without reimburse-
23 ment, including training in connection with the training
24 and acquisition of canines for explosives and fire
25 accelerants detection; and for provision of laboratory assist-
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1 ance to State and local law enforcement agencies, with or
2 without reimbursement, $1,672,000,000, of which not to ex-
3 ceed $36,000 shall be for official reception and representa-
4 tion expenses, not to exceed $1,000,000 shall be available
5 for the payment of attorneys’ fees as provided by section
6 924(d)(2) of title 18, United States Code, and not to exceed
7 $25,000,000 shall remain available until expended: Pro-
8 vided, That none of the funds appropriated herein shall be
9 available to investigate or act upon applications for relief
10 from Federal firearms disabilities under section 925(c) of
11 title 18, United States Code: Provided further, That such
12 funds shall be available to investigate and act upon appli-
13 cations filed by corporations for relief from Federal fire-
14 arms disabilities under section 925(c) of title 18, United
15 States Code: Provided further, That no funds made avail-
16 able by this or any other Act may be used to transfer the
17 functions, missions, or activities of the Bureau of Alcohol,
18 Tobacco, Firearms and Explosives to other agencies or De-
19 partments.
20 CONSTRUCTION
21 For necessary expenses related to construction of lab-
22 oratory facilities, to include the cost of equipment, fur-
23 niture, and information technology requirements; construc-
24 tion or acquisition of buildings, facilities, and sites by pur-
25 chase, or as otherwise authorized by law; conversion, modi-
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1 fication and extension of federally owned buildings; and
2 preliminary planning and design of projects; $75,000,000,
3 to remain available until expended.
4 FEDERAL PRISON SYSTEM
5 SALARIES AND EXPENSES
6 (INCLUDING TRANSFER OF FUNDS)
7 For necessary expenses of the Federal Prison System
8 for the administration, operation, and maintenance of Fed-
9 eral penal and correctional institutions, and for the provi-
10 sion of technical assistance and advice on corrections re-
11 lated issues to foreign governments, $8,392,588,000: Pro-
12 vided, That not less than $409,483,000 shall be for the pro-
13 grams and activities authorized by the First Step Act of
14 2018 (Public Law 115–391), of which not less than 2 per-
15 cent shall be transferred to and merged with the appropria-
16 tion for ‘‘Office of Justice Programs—Research, Evaluation
17 and Statistics’’ for the National Institute of Justice to carry
18 out evaluations of programs and activities related to the
19 First Step Act of 2018: Provided further, That the Attorney
20 General may transfer to the Department of Health and
21 Human Services such amounts as may be necessary for di-
22 rect expenditures by that Department for medical relief for
23 inmates of Federal penal and correctional institutions: Pro-
24 vided further, That the Director of the Federal Prison Sys-
25 tem, where necessary, may enter into contracts with a fiscal
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1 agent or fiscal intermediary claims processor to determine
2 the amounts payable to persons who, on behalf of the Fed-
3 eral Prison System, furnish health services to individuals
4 committed to the custody of the Federal Prison System: Pro-
5 vided further, That not to exceed $5,400 shall be available
6 for official reception and representation expenses: Provided
7 further, That not to exceed $50,000,000 shall remain avail-
8 able until expended for necessary operations: Provided fur-
9 ther, That, of the amounts provided for contract confine-
10 ment, not to exceed $20,000,000 shall remain available
11 until expended to make payments in advance for grants,
12 contracts and reimbursable agreements, and other expenses:
13 Provided further, That the Director of the Federal Prison
14 System may accept donated property and services relating
15 to the operation of the prison card program from a not-
16 for-profit entity which has operated such program in the
17 past, notwithstanding the fact that such not-for-profit enti-
18 ty furnishes services under contracts to the Federal Prison
19 System relating to the operation of pre-release services, half-
20 way houses, or other custodial facilities.
21 BUILDINGS AND FACILITIES
22 For planning, acquisition of sites, and construction of
23 new facilities; purchase and acquisition of facilities and re-
24 modeling, and equipping of such facilities for penal and
25 correctional use, including all necessary expenses incident
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1 thereto, by contract or force account; and constructing, re-
2 modeling, and equipping necessary buildings and facilities
3 at existing penal and correctional institutions, including
4 all necessary expenses incident thereto, by contract or force
5 account, $108,000,000, to remain available until expended:
6 Provided, That labor of United States prisoners may be
7 used for work performed under this appropriation.
8 FEDERAL PRISON INDUSTRIES, INCORPORATED
9 The Federal Prison Industries, Incorporated, is hereby
10 authorized to make such expenditures within the limits of
11 funds and borrowing authority available, and in accord
12 with the law, and to make such contracts and commitments
13 without regard to fiscal year limitations as provided by sec-
14 tion 9104 of title 31, United States Code, as may be nec-
15 essary in carrying out the program set forth in the budget
16 for the current fiscal year for such corporation.
17 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
18 PRISON INDUSTRIES, INCORPORATED
19 Not to exceed $2,700,000 of the funds of the Federal
20 Prison Industries, Incorporated, shall be available for its
21 administrative expenses, and for services as authorized by
22 section 3109 of title 5, United States Code, to be computed
23 on an accrual basis to be determined in accordance with
24 the corporation’s current prescribed accounting system, and
25 such amounts shall be exclusive of depreciation, payment
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1 of claims, and expenditures which such accounting system
2 requires to be capitalized or charged to cost of commodities
3 acquired or produced, including selling and shipping ex-
4 penses, and expenses in connection with acquisition, con-
5 struction, operation, maintenance, improvement, protec-
6 tion, or disposition of facilities and other property belong-
7 ing to the corporation or in which it has an interest.
8 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
9 OFFICE ON VIOLENCE AGAINST WOMEN
10 VIOLENCE AGAINST WOMEN PREVENTION AND
11 PROSECUTION PROGRAMS
12 (INCLUDING TRANSFER OF FUNDS)
13 For grants, contracts, cooperative agreements, and
14 other assistance for the prevention and prosecution of vio-
15 lence against women, as authorized by the Omnibus Crime
16 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et
17 seq.) (‘‘the 1968 Act’’); title II of the Civil Rights Act of
18 1968 (commonly known as the ‘‘Indian Civil Rights Act
19 of 1968’’) (Public Law 90–284) (‘‘the Indian Civil Rights
20 Act’’); the Violent Crime Control and Law Enforcement Act
21 of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Vic-
22 tims of Child Abuse Act of 1990 (Public Law 101–647)
23 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other
24 Tools to end the Exploitation of Children Today Act of 2003
25 (Public Law 108–21); the Juvenile Justice and Delinquency
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1 Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (‘‘the 1974
2 Act’’); the Victims of Trafficking and Violence Protection
3 Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’); the
4 Violence Against Women and Department of Justice Reau-
5 thorization Act of 2005 (Public Law 109–162) (‘‘the 2005
6 Act’’); the Violence Against Women Reauthorization Act of
7 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for
8 Victims of Trafficking Act of 2015 (Public Law 114–22)
9 (‘‘the 2015 Act’’); and the Abolish Human Trafficking Act
10 (Public Law 115–392); and the Violence Against Women
11 Act Reauthorization Act of 2022 (division W of Public Law
12 117–103) (‘‘the 2022 Act’’); and for related victims services,
13 $700,000,000, to remain available until expended: Pro-
14 vided, That except as otherwise provided by law, not to ex-
15 ceed 5 percent of funds made available under this heading
16 may be used for expenses related to evaluation, training,
17 and technical assistance: Provided further, That of the
18 amount provided—
19 (1) $255,000,000 is for grants to combat violence
20 against women, as authorized by part T of the 1968
21 Act, and any applicable increases for the amount of
22 such grants, as authorized by section 5903 of the
23 James M. Inhofe National Defense Authorization Act
24 for Fiscal Year 2023: Provided, That $10,000,000
25 shall be for any such increases under such section
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1 5903, which shall apply to fiscal year 2023 grants
2 funded by amounts provided in this paragraph;
3 (2) $50,000,000 is for transitional housing as-
4 sistance grants for victims of domestic violence, dat-
5 ing violence, stalking, or sexual assault as authorized
6 by section 40299 of the 1994 Act;
7 (3) $2,500,000 is for the National Institute of
8 Justice and the Bureau of Justice Statistics for re-
9 search, evaluation, and statistics of violence against
10 women and related issues addressed by grant pro-
11 grams of the Office on Violence Against Women,
12 which shall be transferred to ‘‘Research, Evaluation
13 and Statistics’’ for administration by the Office of
14 Justice Programs;
15 (4) $17,000,000 is for a grant program to pro-
16 vide services to advocate for and respond to youth vic-
17 tims of domestic violence, dating violence, sexual as-
18 sault, and stalking; assistance to children and youth
19 exposed to such violence; programs to engage men and
20 youth in preventing such violence; and assistance to
21 middle and high school students through education
22 and other services related to such violence, of which
23 $3,500,000 is to engage men and youth in preventing
24 domestic violence, dating violence, sexual assault, and
25 stalking: Provided, That unobligated balances avail-
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1 able for the programs authorized by sections 41201,
2 41204, 41303, and 41305 of the 1994 Act, prior to its
3 amendment by the 2013 Act, shall be available for
4 this program: Provided further, That 10 percent of
5 the total amount available for this grant program
6 shall be available for grants under the program au-
7 thorized by section 2015 of the 1968 Act: Provided
8 further, That the definitions and grant conditions in
9 section 40002 of the 1994 Act shall apply to this pro-
10 gram;
11 (5) $60,500,000 is for grants to improve the
12 criminal justice response as authorized by part U of
13 title I the 1968 Act, of which $4,000,000 is for a
14 homicide reduction initiative; up to $4,000,000 is for
15 a domestic violence lethality reduction initiative;
16 $8,000,000 is for an initiative to promote effective po-
17 licing and prosecution responses to domestic violence,
18 dating violence, sexual assault, and stalking, includ-
19 ing evaluation of the effectiveness of funded interven-
20 tions (‘‘Policing and Prosecution Initiative’’); and
21 $1,000,000 is for an initiative to enhance prosecution
22 and investigation of online abuse and harassment
23 (‘‘Prosecution and Investigation of Online Abuse Ini-
24 tiative’’): Provided, That subsections (c) and (d) of
25 section 2101 of the 1968 Act shall not apply to the
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1 Policing and Prosecution Initiative or the Prosecu-
2 tion and Investigation of Online Abuse Initiative;
3 (6) $78,500,000 is for sexual assault victims as-
4 sistance, as authorized by section 41601 of the 1994
5 Act;
6 (7) $50,000,000 is for rural domestic violence
7 and child abuse enforcement assistance grants, as au-
8 thorized by section 40295 of the 1994 Act;
9 (8) $25,000,000 is for grants to reduce violent
10 crimes against women on campus, as authorized by
11 section 304 of the 2005 Act, of which $12,500,000 is
12 for grants to Historically Black Colleges and Univer-
13 sities, Hispanic-Serving Institutions, and Tribal col-
14 leges and universities;
15 (9) $55,000,000 is for legal assistance for vic-
16 tims, as authorized by section 1201 of the 2000 Act;
17 (10) $9,000,000 is for enhanced training and
18 services to end violence against and abuse of women
19 in later life, as authorized by section 40801 of the
20 1994 Act;
21 (11) $22,000,000 is for grants to support fami-
22 lies in the justice system, as authorized by section
23 1301 of the 2000 Act: Provided, That unobligated bal-
24 ances available for the programs authorized by section
25 1301 of the 2000 Act and section 41002 of the 1994
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1 Act, prior to their amendment by the 2013 Act, shall
2 be available for this program;
3 (12) $12,000,000 is for education and training
4 to end violence against and abuse of women with dis-
5 abilities, as authorized by section 1402 of the 2000
6 Act;
7 (13) $1,000,000 is for the National Resource
8 Center on Workplace Responses to assist victims of
9 domestic violence, as authorized by section 41501 of
10 the 1994 Act;
11 (14) $1,000,000 is for analysis and research on
12 violence against Indian women, including as author-
13 ized by section 904 of the 2005 Act: Provided, That
14 such funds may be transferred to ‘‘Research, Evalua-
15 tion and Statistics’’ for administration by the Office
16 of Justice Programs;
17 (15) $500,000 is for a national clearinghouse
18 that provides training and technical assistance on
19 issues relating to sexual assault of American Indian
20 and Alaska Native women;
21 (16) $11,000,000 is for programs to assist Tribal
22 Governments in exercising special Tribal criminal ju-
23 risdiction, as authorized by section 204 of the Indian
24 Civil Rights Act: Provided, That the grant conditions
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1 in section 40002(b) of the 1994 Act shall apply to
2 grants made;
3 (17) $2,500,000 is for the purposes authorized
4 under the 2015 Act;
5 (18) $15,000,000 is for a grant program to sup-
6 port restorative justice responses to domestic violence,
7 dating violence, sexual assault, and stalking, includ-
8 ing evaluations of those responses: Provided, That the
9 definitions and grant conditions in section 109 of the
10 2022 Act, shall apply to this program;
11 (19) $11,000,000 is for culturally specific serv-
12 ices for victims, as authorized by section 121 of the
13 2005 Act;
14 (20) $3,000,000 is for an initiative to support
15 cross-designation of tribal prosecutors as Tribal Spe-
16 cial Assistant United States Attorneys: Provided,
17 That the definitions and grant conditions in section
18 40002 of the 1994 Act shall apply to this initiative;
19 (21) $1,000,000 is for an initiative to support
20 victims of domestic violence, dating violence, sexual
21 assault, and stalking, including through the provision
22 of technical assistance, as authorized by section 206
23 of the 2022 Act: Provided, That the definitions and
24 grant conditions in section 40002 of the 1994 Act
25 shall apply to this initiative;
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1 (22) $2,000,000 is for a National Deaf Services
2 Line to provide remote services to Deaf victims of do-
3 mestic violence, dating violence, sexual assault, and
4 stalking: Provided, That the definitions and grant
5 conditions in section 40002 of the 1994 Act shall
6 apply to this service line;
7 (23) $5,000,000 is for grants for outreach and
8 services to underserved populations, as authorized by
9 section 120 of the 2005 Act;
10 (24) $4,000,000 is for an initiative to provide fi-
11 nancial assistance to victims, including evaluation of
12 the effectiveness of funded projects: Provided, That the
13 definitions and grant conditions in section 40002 of
14 the 1994 Act shall apply to this initiative;
15 (25) $5,000,000 is for trauma-informed, victim-
16 centered training for law enforcement, and related re-
17 search and evaluation activities, as authorized by sec-
18 tion 41701 of the 1994 Act; and
19 (26) $1,500,000 is for a pilot program to im-
20 prove victim services on college campuses.
21 OFFICE OF JUSTICE PROGRAMS
22 RESEARCH, EVALUATION AND STATISTICS
23 For grants, contracts, cooperative agreements, and
24 other assistance authorized by title I of the Omnibus Crime
25 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
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1 Violent Crime Control and Law Enforcement Act of 1994
2 (Public Law 103–322) (‘‘the 1994 Act’’); the Juvenile Jus-
3 tice and Delinquency Prevention Act of 1974 (‘‘the 1974
4 Act’’); the Missing Children’s Assistance Act (34 U.S.C.
5 11291 et seq.); the Prosecutorial Remedies and Other Tools
6 to end the Exploitation of Children Today Act of 2003
7 (Public Law 108–21) (‘‘the PROTECT Act’’); the Justice
8 for All Act of 2004 (Public Law 108–405); the Violence
9 Against Women and Department of Justice Reauthorization
10 Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
11 Victims of Child Abuse Act of 1990 (Public Law 101–647);
12 the Second Chance Act of 2007 (Public Law 110–199); the
13 Victims of Crime Act of 1984 (Public Law 98–473); the
14 Adam Walsh Child Protection and Safety Act of 2006 (Pub-
15 lic Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT
16 Our Children Act of 2008 (Public Law 110–401); subtitle
17 C of title II of the Homeland Security Act of 2002 (Public
18 Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimi-
19 nation Act of 2003 (Public Law 108–79) (‘‘PREA’’); the
20 NICS Improvement Amendments Act of 2007 (Public Law
21 110–180); the Violence Against Women Reauthorization Act
22 of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Com-
23 prehensive Addiction and Recovery Act of 2016 (Public
24 Law 114–198); the First Step Act of 2018 (Public Law
† HR 2617 EAS2
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1 115–391); and other programs, $77,000,000, to remain
2 available until expended, of which—
3 (1) $42,000,000 is for criminal justice statistics
4 programs, and other activities, as authorized by part
5 C of title I of the 1968 Act; and
6 (2) $35,000,000 is for research, development, and
7 evaluation programs, and other activities as author-
8 ized by part B of title I of the 1968 Act and subtitle
9 C of title II of the 2002 Act, and for activities author-
10 ized by or consistent with the First Step Act of 2018,
11 of which $7,500,000 is for research targeted toward
12 developing a better understanding of the domestic
13 radicalization phenomenon, and advancing evidence-
14 based strategies for effective intervention and preven-
15 tion; $1,000,000 is for research to study the root
16 causes of school violence to include the impact and ef-
17 fectiveness of grants made under the STOP School Vi-
18 olence Act of 2018 (title V of division S of Public
19 Law 115–141); $1,000,000 is for research on violence
20 against American Indians and Alaska Natives or oth-
21 erwise affecting indigenous communities, in connec-
22 tion with extractive industry activities; $1,000,000 is
23 for research on gun violence prevention; $1,000,000 is
24 for surveys on the campus sexual assault climate;
25 $1,200,000 is for a study on certain school-based
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1 crimes; and $1,000,000 is for a study on law enforce-
2 ment and community agency responses to opioid
3 overdoses.
4 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
5 (INCLUDING TRANSFER OF FUNDS)
6 For grants, contracts, cooperative agreements, and
7 other assistance authorized by the Violent Crime Control
8 and Law Enforcement Act of 1994 (Public Law 103–322)
9 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
10 Streets Act of 1968 (Public Law 90–351) (‘‘the 1968 Act’’);
11 the Justice for All Act of 2004 (Public Law 108–405); the
12 Victims of Child Abuse Act of 1990 (Public Law 101–647)
13 (‘‘the 1990 Act’’); the Trafficking Victims Protection Reau-
14 thorization Act of 2005 (Public Law 109–164) (‘‘the
15 TVPRA of 2005’’); the Violence Against Women and De-
16 partment of Justice Reauthorization Act of 2005 (Public
17 Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh Child
18 Protection and Safety Act of 2006 (Public Law 109–248)
19 (‘‘the Adam Walsh Act’’); the Victims of Trafficking and
20 Violence Protection Act of 2000 (Public Law 106–386) (‘‘the
21 Victims of Trafficking Act’’); the NICS Improvement
22 Amendments Act of 2007 (Public Law 110–180); subtitle
23 C of title II of the Homeland Security Act of 2002 (Public
24 Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimi-
25 nation Act of 2003 (Public Law 108–79) (‘‘PREA’’); the
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1 Second Chance Act of 2007 (Public Law 110–199); the
2 Prioritizing Resources and Organization for Intellectual
3 Property Act of 2008 (Public Law 110–403); the Victims
4 of Crime Act of 1984 (Public Law 98–473); the Mentally
5 Ill Offender Treatment and Crime Reduction Reauthoriza-
6 tion and Improvement Act of 2008 (Public Law 110–416);
7 the Violence Against Women Reauthorization Act of 2013
8 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
9 Addiction and Recovery Act of 2016 (Public Law 114–198)
10 (‘‘CARA’’); the Justice for All Reauthorization Act of 2016
11 (Public Law 114–324); Kevin and Avonte’s Law (division
12 Q of Public Law 115–141) (‘‘Kevin and Avonte’s Law’’);
13 the Keep Young Athletes Safe Act of 2018 (title III of divi-
14 sion S of Public Law 115–141) (‘‘the Keep Young Athletes
15 Safe Act’’); the STOP School Violence Act of 2018 (title V
16 of division S of Public Law 115–141) (‘‘the STOP School
17 Violence Act’’); the Fix NICS Act of 2018 (title VI of divi-
18 sion S of Public Law 115–141); the Project Safe Neighbor-
19 hoods Grant Program Authorization Act of 2018 (Public
20 Law 115–185); the SUPPORT for Patients and Commu-
21 nities Act (Public Law 115–271); the Second Chance Reau-
22 thorization Act of 2018 (Public Law 115–391); the Matthew
23 Shepard and James Byrd, Jr. Hate Crimes Prevention Act
24 (Public Law 111–84); the Ashanti Alert Act of 2018 (Public
25 Law 115–401); the Missing Persons and Unidentified Re-
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1 mains Act of 2019 (Public Law 116–277); the Jabara-
2 Heyer NO HATE Act (34 U.S.C. 30507); the Violence
3 Against Women Act Reauthorization Act of 2022 (division
4 W of Public Law 117–103 (‘‘the 2022 Act’’); and other pro-
5 grams, $2,416,805,000, to remain available until expended
6 as follows—
7 (1) $770,805,000 for the Edward Byrne Memo-
8 rial Justice Assistance Grant program as authorized
9 by subpart 1 of part E of title I of the 1968 Act (ex-
10 cept that section 1001(c), and the special rules for
11 Puerto Rico under section 505(g), of title I of the
12 1968 Act shall not apply for purposes of this Act), of
13 which, notwithstanding such subpart 1—
14 (A) $13,000,000 is for an Officer Robert
15 Wilson III memorial initiative on Preventing
16 Violence Against Law Enforcement and Ensur-
17 ing Officer Resilience and Survivability
18 (VALOR);
19 (B) $3,500,000 is for the operation, mainte-
20 nance, and expansion of the National Missing
21 and Unidentified Persons System;
22 (C) $10,000,000 is for a grant program for
23 State and local law enforcement to provide offi-
24 cer training on responding to individuals with
25 mental illness or disabilities;
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1 (D) $5,000,000 is for a student loan repay-
2 ment assistance program pursuant to section 952
3 of Public Law 110–315;
4 (E) $15,500,000 is for prison rape preven-
5 tion and prosecution grants to States and units
6 of local government, and other programs, as au-
7 thorized by PREA;
8 (F) $3,000,000 is for the Missing Americans
9 Alert Program (title XXIV of the 1994 Act), as
10 amended by Kevin and Avonte’s Law;
11 (G) $20,000,000 is for grants authorized
12 under the Project Safe Neighborhoods Grant Au-
13 thorization Act of 2018 (Public Law 115–185);
14 (H) $13,000,000 is for the Capital Litiga-
15 tion Improvement Grant Program, as authorized
16 by section 426 of Public Law 108–405, and for
17 grants for wrongful conviction review;
18 (I) $3,000,000 is for a national center on
19 restorative justice;
20 (J) $1,000,000 is for the purposes of the
21 Ashanti Alert Communications Network as au-
22 thorized under the Ashanti Alert Act of 2018
23 (Public Law 115–401);
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1 (K) $3,500,000 is for a grant program to
2 replicate and support family-based alternative
3 sentencing programs;
4 (L) $2,000,000 is for a grant program to
5 support child advocacy training in post-sec-
6 ondary education;
7 (M) $8,000,000 is for a rural violent crime
8 initiative, including assistance for law enforce-
9 ment;
10 (N) $6,000,000 is for grants authorized
11 under the Missing Persons and Unidentified Re-
12 mains Act of 2019 (Public Law 116–277);
13 (O) $4,000,000 is for a drug data research
14 center to combat opioid abuse;
15 (P) $1,500,000 is for grants to accredited
16 institutions of higher education to support foren-
17 sic ballistics programs;
18 (Q) $229,551,000 is for discretionary grants
19 to improve the functioning of the criminal justice
20 system, to prevent or combat juvenile delin-
21 quency, and to assist victims of crime (other
22 than compensation), which shall be used for the
23 projects, and in the amounts, specified under the
24 heading, ‘‘Byrne Discretionary Community
25 Project Grants/Byrne Discretionary Grants’’, in
† HR 2617 EAS2
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1 the explanatory statement described in section 4
2 (in the matter preceding division A of this con-
3 solidated Act): Provided, That such amounts
4 may not be transferred for any other purpose;
5 (R) $5,000,000 is for the purposes author-
6 ized under section 1506 of the 2022 Act;
7 (S) $5,000,000 is for a program to improve
8 virtual training for law enforcement; and
9 (T) $7,000,000 is for programs for
10 cybercrime enforcement, as authorized by sec-
11 tions 1401 and 1402 of the 2022 Act;
12 (2) $234,000,000 for the State Criminal Alien
13 Assistance Program, as authorized by section
14 241(I)(5) of the Immigration and Nationality Act (8
15 U.S.C. 1231(I)(5)): Provided, That no jurisdiction
16 shall request compensation for any cost greater than
17 the actual cost for Federal immigration and other de-
18 tainees housed in State and local detention facilities;
19 (3) $95,000,000 for victim services programs for
20 victims of trafficking, as authorized by section
21 107(b)(2) of the Victims of Trafficking Act, by the
22 TVPRA of 2005, or programs authorized under Pub-
23 lic Law 113–4;
24 (4) $13,000,000 for a grant program to prevent
25 and address economic, high technology, white collar,
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1 and Internet crime, including as authorized by sec-
2 tion 401 of Public Law 110–403, of which not less
3 than $2,500,000 is for intellectual property enforce-
4 ment grants including as authorized by section 401,
5 and $2,000,000 is for grants to develop databases on
6 Internet of Things device capabilities and to build
7 and execute training modules for law enforcement;
8 (5) $20,000,000 for sex offender management as-
9 sistance, as authorized by the Adam Walsh Act, and
10 related activities;
11 (6) $30,000,000 for the Patrick Leahy Bullet-
12 proof Vest Partnership Grant Program, as authorized
13 by section 2501 of title I of the 1968 Act: Provided,
14 That $1,500,000 shall be transferred directly to the
15 National Institute of Standards and Technology’s Of-
16 fice of Law Enforcement Standards for research, test-
17 ing, and evaluation programs;
18 (7) $1,000,000 for the National Sex Offender
19 Public Website;
20 (8) $95,000,000 for grants to States to upgrade
21 criminal and mental health records for the National
22 Instant Criminal Background Check System, of which
23 no less than $25,000,000 shall be for grants made
24 under the authorities of the NICS Improvement
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1 Amendments Act of 2007 (Public Law 110–180) and
2 Fix NICS Act of 2018;
3 (9) $35,000,000 for Paul Coverdell Forensic
4 Sciences Improvement Grants under part BB of title
5 I of the 1968 Act;
6 (10) $170,000,000 for DNA-related and forensic
7 programs and activities, of which—
8 (A) $130,000,000 is for the purposes author-
9 ized under section 2 of the DNA Analysis Back-
10 log Elimination Act of 2000 (Public Law 106–
11 546) (the Debbie Smith DNA Backlog Grant
12 Program): Provided, That up to 4 percent of
13 funds made available under this paragraph may
14 be used for the purposes described in the DNA
15 Training and Education for Law Enforcement,
16 Correctional Personnel, and Court Officers pro-
17 gram (Public Law 108–405, section 303);
18 (B) $20,000,000 for other local, State, and
19 Federal forensic activities;
20 (C) $15,000,000 is for the purposes de-
21 scribed in the Kirk Bloodsworth Post-Conviction
22 DNA Testing Grant Program (Public Law 108–
23 405, section 412); and
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1 (D) $5,000,000 is for Sexual Assault Foren-
2 sic Exam Program grants, including as author-
3 ized by section 304 of Public Law 108–405;
4 (11) $55,000,000 for community-based grant
5 programs to improve the response to sexual assault,
6 including assistance for investigation and prosecution
7 of related cold cases;
8 (12) $15,000,000 for the court-appointed special
9 advocate program, as authorized by section 217 of the
10 1990 Act;
11 (13) $60,000,000 for assistance to Indian Tribes;
12 (14) $125,000,000 for offender reentry programs
13 and research, as authorized by the Second Chance Act
14 of 2007 (Public Law 110–199) and by the Second
15 Chance Reauthorization Act of 2018 (Public Law
16 115–391), without regard to the time limitations
17 specified at section 6(1) of such Act, of which not to
18 exceed—
19 (A) $8,000,000 is for a program to improve
20 State, local, and Tribal probation or parole su-
21 pervision efforts and strategies;
22 (B) $5,000,000 is for children of incarcer-
23 ated parents demonstration programs to enhance
24 and maintain parental and family relationships
† HR 2617 EAS2
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1 for incarcerated parents as a reentry or recidi-
2 vism reduction strategy;
3 (C) $5,000,000 is for additional replication
4 sites employing the Project HOPE Opportunity
5 Probation with Enforcement model imple-
6 menting swift and certain sanctions in proba-
7 tion, of which no less than $500,000 shall be used
8 for a project that provides training, technical as-
9 sistance, and best practices; and
10 (D) $10,000,000 is for a grant program for
11 crisis stabilization and community reentry, as
12 authorized by the Crisis Stabilization and Com-
13 munity Reentry Act of 2020 (Public Law 116–
14 281):
15 Provided, That up to $7,500,000 of funds made avail-
16 able in this paragraph may be used for performance-
17 based awards for Pay for Success projects, of which
18 up to $5,000,000 shall be for Pay for Success pro-
19 grams implementing the Permanent Supportive
20 Housing Model and reentry housing;
21 (15) $445,000,000 for comprehensive opioid use
22 reduction activities, including as authorized by
23 CARA, and for the following programs, which shall
24 address opioid, stimulant, and substance use disorders
† HR 2617 EAS2
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1 consistent with underlying program authorities, of
2 which—
3 (A) $95,000,000 is for Drug Courts, as au-
4 thorized by section 1001(a)(25)(A) of title I of
5 the 1968 Act;
6 (B) $45,000,000 is for mental health courts
7 and adult and juvenile collaboration program
8 grants, as authorized by parts V and HH of title
9 I of the 1968 Act, and the Mentally Ill Offender
10 Treatment and Crime Reduction Reauthoriza-
11 tion and Improvement Act of 2008 (Public Law
12 110–416);
13 (C) $45,000,000 is for grants for Residen-
14 tial Substance Abuse Treatment for State Pris-
15 oners, as authorized by part S of title I of the
16 1968 Act;
17 (D) $35,000,000 is for a veterans treatment
18 courts program;
19 (E) $35,000,000 is for a program to mon-
20 itor prescription drugs and scheduled listed
21 chemical products; and
22 (F) $190,000,000 is for a comprehensive
23 opioid, stimulant, and substance use disorder
24 program;
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1 (16) $2,500,000 for a competitive grant program
2 authorized by the Keep Young Athletes Safe Act;
3 (17) $82,000,000 for grants to be administered
4 by the Bureau of Justice Assistance for purposes au-
5 thorized under the STOP School Violence Act;
6 (18) $3,500,000 for grants to State and local law
7 enforcement agencies for the expenses associated with
8 the investigation and prosecution of criminal offenses
9 involving civil rights, authorized by the Emmett Till
10 Unsolved Civil Rights Crimes Reauthorization Act of
11 2016 (Public Law 114–325);
12 (19) $25,000,000 for grants to State, local, and
13 Tribal law enforcement agencies to conduct edu-
14 cational outreach and training on hate crimes and to
15 investigate and prosecute hate crimes, as authorized
16 by section 4704 of the Matthew Shepard and James
17 Byrd, Jr. Hate Crimes Prevention Act (Public Law
18 111–84);
19 (20) $10,000,000 for grants to support commu-
20 nity-based approaches to advancing justice and rec-
21 onciliation, facilitating dialogue between all parties,
22 building local capacity, de-escalating community ten-
23 sions, and preventing hate crimes through conflict res-
24 olution and community empowerment and education;
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1 (21) $10,000,000 for programs authorized under
2 the Jabara-Heyer NO HATE Act (34 U.S.C. 30507);
3 and
4 (22) $120,000,000 for initiatives to improve po-
5 lice-community relations, of which $35,000,000 is for
6 a competitive matching grant program for purchases
7 of body-worn cameras for State, local, and Tribal law
8 enforcement; $35,000,000 is for a justice reinvestment
9 initiative, for activities related to criminal justice re-
10 form and recidivism reduction; and $50,000,000 is for
11 a community violence intervention and prevention
12 initiative:
13 Provided, That, if a unit of local government uses any of
14 the funds made available under this heading to increase the
15 number of law enforcement officers, the unit of local govern-
16 ment will achieve a net gain in the number of law enforce-
17 ment officers who perform non-administrative public sector
18 safety service: Provided further, That in the spending plan
19 submitted pursuant to section 528 of this Act, the Office
20 of Justice Programs shall specifically and explicitly iden-
21 tify all changes in the administration of competitive grant
22 programs for fiscal year 2023, including changes to appli-
23 cant eligibility, priority areas or weightings, and the appli-
24 cation review process.
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1 JUVENILE JUSTICE PROGRAMS
2 For grants, contracts, cooperative agreements, and
3 other assistance authorized by the Juvenile Justice and De-
4 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om-
5 nibus Crime Control and Safe Streets Act of 1968 (‘‘the
6 1968 Act’’); the Violence Against Women and Department
7 of Justice Reauthorization Act of 2005 (Public Law 109–
8 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance
9 Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public
10 Law 108–21); the Victims of Child Abuse Act of 1990 (Pub-
11 lic Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh Child
12 Protection and Safety Act of 2006 (Public Law 109–248)
13 (‘‘the Adam Walsh Act’’); the PROTECT Our Children Act
14 of 2008 (Public Law 110–401); the Violence Against Women
15 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the
16 2013 Act’’); the Justice for All Reauthorization Act of 2016
17 (Public Law 114–324); the Missing Children’s Assistance
18 Act of 2018 (Public Law 115–267); the Juvenile Justice Re-
19 form Act of 2018 (Public Law 115–385); the Victims of
20 Crime Act of 1984 (chapter XIV of title II of Public Law
21 98–473) (‘‘the 1984 Act’’); the Comprehensive Addiction
22 and Recovery Act of 2016 (Public Law 114–198); and other
23 juvenile justice programs, $400,000,000, to remain avail-
24 able until expended as follows—
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1 (1) $75,000,000 for programs authorized by sec-
2 tion 221 of the 1974 Act, and for training and tech-
3 nical assistance to assist small, nonprofit organiza-
4 tions with the Federal grants process: Provided, That
5 of the amounts provided under this paragraph,
6 $500,000 shall be for a competitive demonstration
7 grant program to support emergency planning among
8 State, local, and Tribal juvenile justice residential fa-
9 cilities;
10 (2) $107,000,000 for youth mentoring grants;
11 (3) $65,000,000 for delinquency prevention, of
12 which, pursuant to sections 261 and 262 of the 1974
13 Act—
14 (A) $5,000,000 shall be for grants to prevent
15 trafficking of girls;
16 (B) $17,000,000 shall be for the Tribal
17 Youth Program;
18 (C) $500,000 shall be for an Internet site
19 providing information and resources on children
20 of incarcerated parents;
21 (D) $5,500,000 shall be for competitive
22 grants focusing on girls in the juvenile justice
23 system;
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1 (E) $12,500,000 shall be for an initiative
2 relating to youth affected by opioids, stimulants,
3 and substance use disorder;
4 (F) $10,000,000 shall be for an initiative
5 relating to children exposed to violence; and
6 (G) $2,000,000 shall be for grants to protect
7 vulnerable and at-risk youth;
8 (4) $41,000,000 for programs authorized by the
9 Victims of Child Abuse Act of 1990;
10 (5) $105,000,000 for missing and exploited chil-
11 dren programs, including as authorized by sections
12 404(b) and 405(a) of the 1974 Act (except that section
13 102(b)(4)(B) of the PROTECT Our Children Act of
14 2008 (Public Law 110–401) shall not apply for pur-
15 poses of this Act);
16 (6) $4,500,000 for child abuse training programs
17 for judicial personnel and practitioners, as authorized
18 by section 222 of the 1990 Act; and
19 (7) $2,500,000 for a program to improve juvenile
20 indigent defense:
21 Provided, That not more than 10 percent of each amount
22 may be used for research, evaluation, and statistics activi-
23 ties designed to benefit the programs or activities author-
24 ized: Provided further, That not more than 2 percent of the
25 amounts designated under paragraphs (1) through (3) and
† HR 2617 EAS2
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1 (6) may be used for training and technical assistance: Pro-
2 vided further, That the two preceding provisos shall not
3 apply to grants and projects administered pursuant to sec-
4 tions 261 and 262 of the 1974 Act and to missing and ex-
5 ploited children programs.
6 PUBLIC SAFETY OFFICER BENEFITS
7 (INCLUDING TRANSFER OF FUNDS)
8 For payments and expenses authorized under section
9 1001(a)(4) of title I of the Omnibus Crime Control and Safe
10 Streets Act of 1968, such sums as are necessary (including
11 amounts for administrative costs), to remain available
12 until expended; and $34,800,000 for payments authorized
13 by section 1201(b) of such Act and for educational assist-
14 ance authorized by section 1218 of such Act, to remain
15 available until expended: Provided, That notwithstanding
16 section 205 of this Act, upon a determination by the Attor-
17 ney General that emergent circumstances require additional
18 funding for such disability and education payments, the At-
19 torney General may transfer such amounts to ‘‘Public Safe-
20 ty Officer Benefits’’ from available appropriations for the
21 Department of Justice as may be necessary to respond to
22 such circumstances: Provided further, That any transfer
23 pursuant to the preceding proviso shall be treated as a re-
24 programming under section 505 of this Act and shall not
† HR 2617 EAS2
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1 be available for obligation or expenditure except in compli-
2 ance with the procedures set forth in that section.
3 COMMUNITY ORIENTED POLICING SERVICES
4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
5 (INCLUDING TRANSFER OF FUNDS)
6 For activities authorized by the Violent Crime Control
7 and Law Enforcement Act of 1994 (Public Law 103–322);
8 the Omnibus Crime Control and Safe Streets Act of 1968
9 (‘‘the 1968 Act’’); the Violence Against Women and Depart-
10 ment of Justice Reauthorization Act of 2005 (Public Law
11 109–162) (‘‘the 2005 Act’’); the American Law Enforcement
12 Heroes Act of 2017 (Public Law 115–37); the Law Enforce-
13 ment Mental Health and Wellness Act (Public Law 115–
14 113) (‘‘the LEMHW Act’’); the SUPPORT for Patients and
15 Communities Act (Public Law 115–271); and the Sup-
16 porting and Treating Officers In Crisis Act of 2019 (Public
17 Law 116–32) (‘‘the STOIC Act’’), $662,880,000, to remain
18 available until expended: Provided, That any balances
19 made available through prior year deobligations shall only
20 be available in accordance with section 505 of this Act: Pro-
21 vided further, That of the amount provided under this head-
22 ing—
23 (1) $324,000,000 is for grants under section
24 1701 of title I of the 1968 Act (34 U.S.C. 10381) for
25 the hiring and rehiring of additional career law en-
† HR 2617 EAS2
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1 forcement officers under part Q of such title notwith-
2 standing subsection (i) of such section: Provided,
3 That, notwithstanding section 1704(c) of such title
4 (34 U.S.C. 10384(c)), funding for hiring or rehiring
5 a career law enforcement officer may not exceed
6 $125,000 unless the Director of the Office of Commu-
7 nity Oriented Policing Services grants a waiver from
8 this limitation: Provided further, That of the amounts
9 appropriated under this paragraph, $34,000,000 is
10 for improving Tribal law enforcement, including hir-
11 ing, equipment, training, anti-methamphetamine ac-
12 tivities, and anti-opioid activities: Provided further,
13 That of the amounts appropriated under this para-
14 graph, $44,000,000 is for regional information shar-
15 ing activities, as authorized by part M of title I of
16 the 1968 Act, which shall be transferred to and
17 merged with ‘‘Research, Evaluation, and Statistics’’
18 for administration by the Office of Justice Programs:
19 Provided further, That of the amounts appropriated
20 under this paragraph, no less than $4,000,000 is to
21 support the Tribal Access Program: Provided further,
22 That of the amounts appropriated under this para-
23 graph, $10,000,000 is for training, peer mentoring,
24 mental health program activities, and other support
25 services as authorized under the LEMHW Act and the
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1 STOIC Act: Provided further, That of the amounts
2 appropriated under this paragraph, $7,500,000 is for
3 the collaborative reform model of technical assistance
4 in furtherance of section 1701 of title I of the 1968
5 Act (34 U.S.C. 10381);
6 (2) $12,000,000 is for activities authorized by
7 the POLICE Act of 2016 (Public Law 114–199);
8 (3) $16,000,000 is for competitive grants to State
9 law enforcement agencies in States with high seizures
10 of precursor chemicals, finished methamphetamine,
11 laboratories, and laboratory dump seizures: Provided,
12 That funds appropriated under this paragraph shall
13 be utilized for investigative purposes to locate or in-
14 vestigate illicit activities, including precursor diver-
15 sion, laboratories, or methamphetamine traffickers;
16 (4) $35,000,000 is for competitive grants to
17 statewide law enforcement agencies in States with
18 high rates of primary treatment admissions for her-
19 oin and other opioids: Provided, That these funds
20 shall be utilized for investigative purposes to locate or
21 investigate illicit activities, including activities re-
22 lated to the distribution of heroin or unlawful dis-
23 tribution of prescription opioids, or unlawful heroin
24 and prescription opioid traffickers through statewide
25 collaboration;
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1 (5) $53,000,000 is for competitive grants to be
2 administered by the Community Oriented Policing
3 Services Office for purposes authorized under the
4 STOP School Violence Act (title V of division S of
5 Public Law 115–141);
6 (6) $45,000,000 is for community policing devel-
7 opment activities in furtherance of section 1701 of
8 title I of the 1968 Act (34 U.S.C. 10381); and
9 (7) $177,880,000 is for a law enforcement tech-
10 nologies and interoperable communications program,
11 and related law enforcement and public safety equip-
12 ment, which shall be used for the projects, and in the
13 amounts, specified under the heading, ‘‘Community
14 Oriented Policing Services, Technology and Equip-
15 ment Community Projects/ COPS Law Enforcement
16 Technology and Equipment’’, in the explanatory
17 statement described in section 4 (in the matter pre-
18 ceding division A of this consolidated Act): Provided,
19 That such amounts may not be transferred for any
20 other purpose: Provided further, That grants funded
21 by such amounts shall not be subject to section 1703
22 of title I of the 1968 Act (34 U.S.C. 10383).
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1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
2 (INCLUDING TRANSFER OF FUNDS)
3 SEC. 201. In addition to amounts otherwise made
4 available in this title for official reception and representa-
5 tion expenses, a total of not to exceed $50,000 from funds
6 appropriated to the Department of Justice in this title shall
7 be available to the Attorney General for official reception
8 and representation expenses.
9 SEC. 202. None of the funds appropriated by this title
10 shall be available to pay for an abortion, except where the
11 life of the mother would be endangered if the fetus were car-
12 ried to term, or in the case of rape or incest: Provided, That
13 should this prohibition be declared unconstitutional by a
14 court of competent jurisdiction, this section shall be null
15 and void.
16 SEC. 203. None of the funds appropriated under this
17 title shall be used to require any person to perform, or fa-
18 cilitate in any way the performance of, any abortion.
19 SEC. 204. Nothing in the preceding section shall re-
20 move the obligation of the Director of the Bureau of Prisons
21 to provide escort services necessary for a female inmate to
22 receive such service outside the Federal facility: Provided,
23 That nothing in this section in any way diminishes the
24 effect of section 203 intended to address the philosophical
25 beliefs of individual employees of the Bureau of Prisons.
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1 SEC. 205. Not to exceed 5 percent of any appropriation
2 made available for the current fiscal year for the Depart-
3 ment of Justice in this Act may be transferred between such
4 appropriations, but no such appropriation, except as other-
5 wise specifically provided, shall be increased by more than
6 10 percent by any such transfers: Provided, That any trans-
7 fer pursuant to this section shall be treated as a reprogram-
8 ming of funds under section 505 of this Act and shall not
9 be available for obligation except in compliance with the
10 procedures set forth in that section: Provided further, That
11 this section shall not apply to the following—
12 (1) paragraph 1(Q) under the heading ‘‘State
13 and Local Law Enforcement Assistance’’; and
14 (2) paragraph (7) under the heading ‘‘Commu-
15 nity Oriented Policing Services Programs’’.
16 SEC. 206. None of the funds made available under this
17 title may be used by the Federal Bureau of Prisons or the
18 United States Marshals Service for the purpose of trans-
19 porting an individual who is a prisoner pursuant to convic-
20 tion for crime under State or Federal law and is classified
21 as a maximum or high security prisoner, other than to a
22 prison or other facility certified by the Federal Bureau of
23 Prisons as appropriately secure for housing such a prisoner.
24 SEC. 207. (a) None of the funds appropriated by this
25 Act may be used by Federal prisons to purchase cable tele-
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1 vision services, or to rent or purchase audiovisual or elec-
2 tronic media or equipment used primarily for recreational
3 purposes.
4 (b) Subsection (a) does not preclude the rental, mainte-
5 nance, or purchase of audiovisual or electronic media or
6 equipment for inmate training, religious, or educational
7 programs.
8 SEC. 208. None of the funds made available under this
9 title shall be obligated or expended for any new or enhanced
10 information technology program having total estimated de-
11 velopment costs in excess of $100,000,000, unless the Deputy
12 Attorney General and the investment review board certify
13 to the Committees on Appropriations of the House of Rep-
14 resentatives and the Senate that the information technology
15 program has appropriate program management controls
16 and contractor oversight mechanisms in place, and that the
17 program is compatible with the enterprise architecture of
18 the Department of Justice.
19 SEC. 209. The notification thresholds and procedures
20 set forth in section 505 of this Act shall apply to deviations
21 from the amounts designated for specific activities in this
22 Act and in the explanatory statement described in section
23 4 (in the matter preceding division A of this consolidated
24 Act), and to any use of deobligated balances of funds pro-
25 vided under this title in previous years.
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1 SEC. 210. None of the funds appropriated by this Act
2 may be used to plan for, begin, continue, finish, process,
3 or approve a public-private competition under the Office
4 of Management and Budget Circular A–76 or any successor
5 administrative regulation, directive, or policy for work per-
6 formed by employees of the Bureau of Prisons or of Federal
7 Prison Industries, Incorporated.
8 SEC. 211. Notwithstanding any other provision of law,
9 no funds shall be available for the salary, benefits, or ex-
10 penses of any United States Attorney assigned dual or addi-
11 tional responsibilities by the Attorney General or his des-
12 ignee that exempt that United States Attorney from the
13 residency requirements of section 545 of title 28, United
14 States Code.
15 SEC. 212. At the discretion of the Attorney General,
16 and in addition to any amounts that otherwise may be
17 available (or authorized to be made available) by law, with
18 respect to funds appropriated by this title under the head-
19 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
20 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice
21 Programs’’—
22 (1) up to 2 percent of funds made available to
23 the Office of Justice Programs for grant or reimburse-
24 ment programs may be used by such Office to provide
25 training and technical assistance; and
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1 (2) up to 2 percent of funds made available for
2 grant or reimbursement programs under such head-
3 ings, except for amounts appropriated specifically for
4 research, evaluation, or statistical programs adminis-
5 tered by the National Institute of Justice and the Bu-
6 reau of Justice Statistics, shall be transferred to and
7 merged with funds provided to the National Institute
8 of Justice and the Bureau of Justice Statistics, to be
9 used by them for research, evaluation, or statistical
10 purposes, without regard to the authorizations for
11 such grant or reimbursement programs.
12 This section shall not apply to paragraph 1(Q) under
13 the heading ‘‘State and Local Law Enforcement Assist-
14 ance’’.
15 SEC. 213. Upon request by a grantee for whom the At-
16 torney General has determined there is a fiscal hardship,
17 the Attorney General may, with respect to funds appro-
18 priated in this or any other Act making appropriations for
19 fiscal years 2020 through 2023 for the following programs,
20 waive the following requirements:
21 (1) For the adult and juvenile offender State and
22 local reentry demonstration projects under part FF of
23 title I of the Omnibus Crime Control and Safe Streets
24 Act of 1968 (34 U.S.C. 10631 et seq.), the require-
† HR 2617 EAS2
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1 ments under section 2976(g)(1) of such part (34
2 U.S.C. 10631(g)(1)).
3 (2) For grants to protect inmates and safeguard
4 communities as authorized by section 6 of the Prison
5 Rape Elimination Act of 2003 (34 U.S.C.
6 30305(c)(3)), the requirements of section 6(c)(3) of
7 such Act.
8 SEC. 214. Notwithstanding any other provision of law,
9 section 20109(a) of subtitle A of title II of the Violent Crime
10 Control and Law Enforcement Act of 1994 (34 U.S.C.
11 12109(a)) shall not apply to amounts made available by
12 this or any other Act.
13 SEC. 215. None of the funds made available under this
14 Act, other than for the national instant criminal back-
15 ground check system established under section 103 of the
16 Brady Handgun Violence Prevention Act (34 U.S.C.
17 40901), may be used by a Federal law enforcement officer
18 to facilitate the transfer of an operable firearm to an indi-
19 vidual if the Federal law enforcement officer knows or sus-
20 pects that the individual is an agent of a drug cartel, unless
21 law enforcement personnel of the United States continu-
22 ously monitor or control the firearm at all times.
23 SEC. 216. (a) None of the income retained in the De-
24 partment of Justice Working Capital Fund pursuant to
25 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
† HR 2617 EAS2
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1 527 note) shall be available for obligation during fiscal year
2 2023, except up to $12,000,000 may be obligated for imple-
3 mentation of a unified Department of Justice financial
4 management system.
5 (b) Not to exceed $30,000,000 of the unobligated bal-
6 ances transferred to the capital account of the Department
7 of Justice Working Capital Fund pursuant to title I of Pub-
8 lic Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
9 be available for obligation in fiscal year 2023, and any use,
10 obligation, transfer, or allocation of such funds shall be
11 treated as a reprogramming of funds under section 505 of
12 this Act.
13 (c) Not to exceed $10,000,000 of the excess unobligated
14 balances available under section 524(c)(8)(E) of title 28,
15 United States Code, shall be available for obligation during
16 fiscal year 2023, and any use, obligation, transfer or alloca-
17 tion of such funds shall be treated as a reprogramming of
18 funds under section 505 of this Act.
19 SEC. 217. Discretionary funds that are made available
20 in this Act for the Office of Justice Programs may be used
21 to participate in Performance Partnership Pilots author-
22 ized under such authorities as have been enacted for Per-
23 formance Partnership Pilots in appropriations acts in
24 prior fiscal years and the current fiscal year.
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1 SEC. 218. The Attorney General shall submit to the
2 Committees on Appropriations of the House of Representa-
3 tives and the Senate quarterly reports on the Crime Victims
4 Fund, the Working Capital Fund, the Three Percent Fund,
5 and the Asset Forfeiture Fund. Such quarterly reports shall
6 contain at least the same level of information and detail
7 for each Fund as was provided to the Committees on Appro-
8 priations of the House of Representatives and the Senate
9 in fiscal year 2022.
10 SEC. 219. Section 3201 of Public Law 101–647, as
11 amended (28 U.S.C. 509 note), is hereby amended: (1) by
12 striking ‘‘or the Immigration and Naturalization Service’’
13 and inserting ‘‘the Federal Prison System, the Bureau of
14 Alcohol, Tobacco, Firearms and Explosives, or the United
15 States Marshals Service’’; and (2) by striking ‘‘$25,000’’
16 and inserting ‘‘$50,000’’.
17 SEC. 220. None of the funds made available under this
18 Act may be used to conduct, contract for, or otherwise sup-
19 port, live tissue training, unless the Attorney General issues
20 a written, non-delegable determination that such training
21 is medically necessary and cannot be replicated by alter-
22 natives.
23 SEC. 221. (a) DESIGNATION.—The facilities of the Fed-
24 eral Bureau of Investigation at Redstone Arsenal, Alabama,
† HR 2617 EAS2
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1 shall be known and designated as the ‘‘Richard Shelby Cen-
2 ter for Innovation and Advanced Training’’.
3 (b) REFERENCES.—Any reference in a law, map, regu-
4 lation, document, paper, or other record of the United
5 States to the facilities of the Federal Bureau of Investiga-
6 tion at Redstone Arsenal referred to in subsection (a) shall
7 be deemed to be a reference to the ‘‘Richard Shelby Center
8 for Innovation and Advanced Training’’.
9 This title may be cited as the ‘‘Department of Justice
10 Appropriations Act, 2023’’.
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1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of pas-
8 senger motor vehicles, and services as authorized by section
9 3109 of title 5, United States Code, not to exceed $2,250
10 for official reception and representation expenses, and rent-
11 al of conference rooms in the District of Columbia,
12 $7,965,000.
13 NATIONAL SPACE COUNCIL
14 For necessary expenses of the National Space Council,
15 in carrying out the purposes of title V of Public Law 100–
16 685 and Executive Order No. 13803, hire of passenger
17 motor vehicles, and services as authorized by section 3109
18 of title 5, United States Code, not to exceed $2,250 for offi-
19 cial reception and representation expenses, $1,965,000: Pro-
20 vided, That notwithstanding any other provision of law, the
21 National Space Council may accept personnel support from
22 Federal agencies, departments, and offices, and such Fed-
23 eral agencies, departments, and offices may detail staff
24 without reimbursement to the National Space Council for
25 purposes provided herein.
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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 SCIENCE
3 For necessary expenses, not otherwise provided for, in
4 the conduct and support of science research and develop-
5 ment activities, including research, development, oper-
6 ations, support, and services; maintenance and repair, fa-
7 cility planning and design; space flight, spacecraft control,
8 and communications activities; program management; per-
9 sonnel and related costs, including uniforms or allowances
10 therefor, as authorized by sections 5901 and 5902 of title
11 5, United States Code; travel expenses; purchase and hire
12 of passenger motor vehicles; and purchase, lease, charter,
13 maintenance, and operation of mission and administrative
14 aircraft, $7,795,000,000, to remain available until Sep-
15 tember 30, 2024.
16 AERONAUTICS
17 For necessary expenses, not otherwise provided for, in
18 the conduct and support of aeronautics research and devel-
19 opment activities, including research, development, oper-
20 ations, support, and services; maintenance and repair, fa-
21 cility planning and design; space flight, spacecraft control,
22 and communications activities; program management; per-
23 sonnel and related costs, including uniforms or allowances
24 therefor, as authorized by sections 5901 and 5902 of title
25 5, United States Code; travel expenses; purchase and hire
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1 of passenger motor vehicles; and purchase, lease, charter,
2 maintenance, and operation of mission and administrative
3 aircraft, $935,000,000, to remain available until September
4 30, 2024.
5 SPACE TECHNOLOGY
6 For necessary expenses, not otherwise provided for, in
7 the conduct and support of space technology research and
8 development activities, including research, development, op-
9 erations, support, and services; maintenance and repair, fa-
10 cility planning and design; space flight, spacecraft control,
11 and communications activities; program management; per-
12 sonnel and related costs, including uniforms or allowances
13 therefor, as authorized by sections 5901 and 5902 of title
14 5, United States Code; travel expenses; purchase and hire
15 of passenger motor vehicles; and purchase, lease, charter,
16 maintenance, and operation of mission and administrative
17 aircraft, $1,200,000,000, to remain available until Sep-
18 tember 30, 2024: Provided, That $227,000,000 shall be for
19 On-orbit Servicing, Assembly, and Manufacturing 1: Pro-
20 vided further, That $110,000,000 shall be for the develop-
21 ment, production, and demonstration of a nuclear thermal
22 propulsion system, of which not less than $45,000,000 shall
23 be for reactor development, not less than $45,000,000 shall
24 be for fuel materials development, and not less than
25 $20,000,000 shall be for non-nuclear systems development
† HR 2617 EAS2
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1 and acquisition planning: Provided further, That, not later
2 than 180 days after the enactment of this Act, the National
3 Aeronautics and Space Administration shall provide a plan
4 for the design of a flight demonstration.
5 EXPLORATION
6 For necessary expenses, not otherwise provided for, in
7 the conduct and support of Artemis Campaign Development
8 activities, including research, development, operations, sup-
9 port, and services; maintenance and repair, facility plan-
10 ning and design; space flight, spacecraft control, and com-
11 munications activities; program management; personnel
12 and related costs, including uniforms or allowances there-
13 for, as authorized by sections 5901 and 5902 of title 5,
14 United States Code; travel expenses; purchase and hire of
15 passenger motor vehicles; and purchase, lease, charter,
16 maintenance, and operation of mission and administrative
17 aircraft, $7,468,850,000, to remain available until Sep-
18 tember 30, 2024: Provided, That not less than
19 $1,338,700,000 shall be for the Orion Multi-Purpose Crew
20 Vehicle: Provided further, That not less than $2,600,000,000
21 shall be for the Space Launch System (SLS) launch vehicle,
22 which shall have a lift capability not less than 130 metric
23 tons and which shall have core elements and an Exploration
24 Upper Stage developed simultaneously to be used to the
25 maximum extent practicable, including for Earth to Moon
† HR 2617 EAS2
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1 missions and Moon landings: Provided further, That of the
2 amounts provided for SLS, not less than $600,000,000 shall
3 be for SLS Block 1B development including the Exploration
4 Upper Stage and associated systems including related
5 facilitization, to support an SLS Block 1B mission avail-
6 able to launch in 2025 in addition to the planned Block
7 1 missions for Artemis I through Artemis III: Provided fur-
8 ther, That $799,150,000 shall be for Exploration Ground
9 Systems and associated Block 1B activities, including up
10 to $281,350,000 for a second mobile launch platform: Pro-
11 vided further, That the National Aeronautics and Space
12 Administration shall provide to the Committees on Appro-
13 priations of the House of Representatives and the Senate,
14 concurrent with the annual budget submission, a 5-year
15 budget profile for an integrated system that includes the
16 SLS, the Orion Multi-Purpose Crew Vehicle, and associated
17 ground systems that will ensure a crewed launch as early
18 as possible, as well as a system-based funding profile for
19 a sustained launch cadence that contemplates the use of an
20 SLS Block 1B cargo variant with an 8.4 meter fairing and
21 associated ground systems: Provided further, That
22 $2,600,300,000 shall be for Artemis Campaign Develop-
23 ment.
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1 SPACE OPERATIONS
2 For necessary expenses, not otherwise provided for, in
3 the conduct and support of space operations research and
4 development activities, including research, development, op-
5 erations, support and services; space flight, spacecraft con-
6 trol, and communications activities, including operations,
7 production, and services; maintenance and repair, facility
8 planning and design; program management; personnel and
9 related costs, including uniforms or allowances therefor, as
10 authorized by sections 5901 and 5902 of title 5, United
11 States Code; travel expenses; purchase and hire of passenger
12 motor vehicles; and purchase, lease, charter, maintenance,
13 and operation of mission and administrative aircraft,
14 $4,250,000,000, to remain available until September 30,
15 2024.
16 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
17 ENGAGEMENT
18 For necessary expenses, not otherwise provided for, in
19 the conduct and support of aerospace and aeronautical edu-
20 cation research and development activities, including re-
21 search, development, operations, support, and services; pro-
22 gram management; personnel and related costs, including
23 uniforms or allowances therefor, as authorized by sections
24 5901 and 5902 of title 5, United States Code; travel ex-
25 penses; purchase and hire of passenger motor vehicles; and
† HR 2617 EAS2
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1 purchase, lease, charter, maintenance, and operation of
2 mission and administrative aircraft, $143,500,000, to re-
3 main available until September 30, 2024, of which
4 $26,000,000 shall be for the Established Program to Stimu-
5 late Competitive Research and $58,000,000 shall be for the
6 National Space Grant College and Fellowship Program.
7 SAFETY, SECURITY AND MISSION SERVICES
8 For necessary expenses, not otherwise provided for, in
9 the conduct and support of science, aeronautics, space tech-
10 nology, exploration, space operations and education re-
11 search and development activities, including research, devel-
12 opment, operations, support, and services; maintenance and
13 repair, facility planning and design; space flight, spacecraft
14 control, and communications activities; program manage-
15 ment; personnel and related costs, including uniforms or
16 allowances therefor, as authorized by sections 5901 and
17 5902 of title 5, United States Code; travel expenses; pur-
18 chase and hire of passenger motor vehicles; not to exceed
19 $63,000 for official reception and representation expenses;
20 and purchase, lease, charter, maintenance, and operation
21 of mission and administrative aircraft, $3,129,451,000, to
22 remain available until September 30, 2024: Provided, That
23 if available balances in the ‘‘Science, Space, and Technology
24 Education Trust Fund’’ are not sufficient to provide for
25 the grant disbursements required under the third and fourth
† HR 2617 EAS2
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1 provisos under such heading in the Department of Housing
2 and Urban Development-Independent Agencies Appropria-
3 tions Act, 1989 (Public Law 100–404) as amended by the
4 Departments of Veterans Affairs and Housing and Urban
5 Development, and Independent Agencies Appropriations
6 Act, 1995 (Public Law 103–327) up to $1,000,000 shall be
7 available from amounts made available under this heading
8 to make such grant disbursements: Provided further, That
9 of the amounts appropriated under this heading,
10 $30,701,000 shall be used for the projects, and in the
11 amounts, specified in the table under the heading ‘‘NASA
12 Community Projects/NASA Special Projects’’ in the explan-
13 atory statement described in section 4 (in the matter pre-
14 ceding division A of this consolidated Act): Provided fur-
15 ther, That the amounts made available for the projects ref-
16 erenced in the preceding proviso may not be transferred for
17 any other purpose.
18 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
19 RESTORATION
20 For necessary expenses for construction of facilities in-
21 cluding repair, rehabilitation, revitalization, and modifica-
22 tion of facilities, construction of new facilities and addi-
23 tions to existing facilities, facility planning and design,
24 and restoration, and acquisition or condemnation of real
25 property, as authorized by law, and environmental compli-
† HR 2617 EAS2
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1 ance and restoration, $47,300,000, to remain available
2 until September 30, 2028: Provided, That proceeds from
3 leases deposited into this account shall be available for a
4 period of 5 years to the extent and in amounts as provided
5 in annual appropriations Acts: Provided further, That such
6 proceeds referred to in the preceding proviso shall be avail-
7 able for obligation for fiscal year 2023 in an amount not
8 to exceed $25,000,000: Provided further, That each annual
9 budget request shall include an annual estimate of gross re-
10 ceipts and collections and proposed use of all funds collected
11 pursuant to section 20145 of title 51, United States Code.
12 OFFICE OF INSPECTOR GENERAL
13 For necessary expenses of the Office of Inspector Gen-
14 eral in carrying out the Inspector General Act of 1978,
15 $47,600,000, of which $500,000 shall remain available until
16 September 30, 2024.
17 ADMINISTRATIVE PROVISIONS
18 (INCLUDING TRANSFERS OF FUNDS)
19 Funds for any announced prize otherwise authorized
20 shall remain available, without fiscal year limitation, until
21 a prize is claimed or the offer is withdrawn.
22 Not to exceed 5 percent of any appropriation made
23 available for the current fiscal year for the National Aero-
24 nautics and Space Administration in this Act may be
25 transferred between such appropriations, but no such ap-
† HR 2617 EAS2
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1 propriation, except as otherwise specifically provided, shall
2 be increased by more than 10 percent by any such transfers.
3 Any funds transferred to ‘‘Construction and Environmental
4 Compliance and Restoration’’ for construction activities
5 shall not increase that account by more than 50 percent
6 and any funds transferred to or within ‘‘Exploration’’ for
7 Exploration Ground Systems shall not increase Explo-
8 ration Ground Systems by more than $49,300,000. Bal-
9 ances so transferred shall be merged with and available for
10 the same purposes and the same time period as the appro-
11 priations to which transferred. Any transfer pursuant to
12 this provision shall be treated as a reprogramming of funds
13 under section 505 of this Act and shall not be available for
14 obligation except in compliance with the procedures set
15 forth in that section.
16 Not to exceed 5 percent of any appropriation provided
17 for the National Aeronautics and Space Administration
18 under previous appropriations Acts that remains available
19 for obligation or expenditure in fiscal year 2023 may be
20 transferred between such appropriations, but no such ap-
21 propriation, except as otherwise specifically provided, shall
22 be increased by more than 10 percent by any such transfers.
23 Any transfer pursuant to this provision shall retain its
24 original availability and shall be treated as a reprogram-
25 ming of funds under section 505 of this Act and shall not
† HR 2617 EAS2
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1 be available for obligation except in compliance with the
2 procedures set forth in that section.
3 The spending plan required by this Act shall be pro-
4 vided by the National Aeronautics and Space Administra-
5 tion at the theme, program, project, and activity level. The
6 spending plan, as well as any subsequent change of an
7 amount established in that spending plan that meets the
8 notification requirements of section 505 of this Act, shall
9 be treated as a reprogramming under section 505 of this
10 Act and shall not be available for obligation or expenditure
11 except in compliance with the procedures set forth in that
12 section.
13 Not more than 20 percent or $50,000,000, whichever
14 is less, of the amounts made available in the current-year
15 Construction and Environmental Compliance and Restora-
16 tion (CECR) appropriation may be applied to CECR
17 projects funded under previous years’ CECR appropria-
18 tions. Use of current-year funds under this provision shall
19 be treated as a reprogramming of funds under section 505
20 of this act and shall not be available for obligation except
21 in compliance with the procedures set forth in that section.
22 Of the amounts made available in this Act under the
23 heading ‘‘Science, Technology, Engineering, and Mathe-
24 matics Engagement’’ (‘‘STEM Engagement’’), up to
25 $5,000,000 shall be available to jointly fund, with an addi-
† HR 2617 EAS2
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1 tional amount of up to $1,000,000 each from amounts made
2 available in this Act under the headings ‘‘Science’’, ‘‘Aero-
3 nautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space
4 Operations’’, projects and activities for engaging students
5 in STEM and increasing STEM research capacities of uni-
6 versities, including Minority Serving Institutions.
7 Section 30102(b) of title 51, United States Code, is
8 amended by:
9 (1) Redesignating existing paragraph (3) to (4);
10 and
11 (2) Inserting, after paragraph (2), the following:
12 ‘‘(3) INFORMATION TECHNOLOGY (IT) MOD-
13 ERNIZATION.—The fund shall also be available for the
14 purpose of funding IT Modernization activities, as de-
15 scribed in section 1077(b)(3)(A)–(E) of Public Law
16 115–91, on a non-reimbursable basis.’’.
17 Not to exceed $18,162,000 made available for the cur-
18 rent fiscal year in this Act within ‘‘Safety, Security and
19 Mission Services’’ may be transferred to the Working Cap-
20 ital Fund of the National Aeronautics and Space Adminis-
21 tration. Balances so transferred shall be available until ex-
22 pended only for activities described in section 30102(b)(3)
23 of title 51, United States Code, as amended by this Act,
24 and shall remain available until expended. Any transfer
25 pursuant to this provision shall be treated as a reprogram-
† HR 2617 EAS2
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1 ming of funds under section 505 of this Act and shall not
2 be available for obligation except in compliance with the
3 procedures set forth in that section.
4 NATIONAL SCIENCE FOUNDATION
5 RESEARCH AND RELATED ACTIVITIES
6 For necessary expenses in carrying out the National
7 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
8 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
9 as authorized by section 3109 of title 5, United States Code;
10 maintenance and operation of aircraft and purchase of
11 flight services for research support; acquisition of aircraft;
12 and authorized travel; $7,021,136,000, to remain available
13 until September 30, 2024, of which not to exceed
14 $640,000,000 shall remain available until expended for
15 polar research and operations support, and for reimburse-
16 ment to other Federal agencies for operational and science
17 support and logistical and other related activities for the
18 United States Antarctic program: Provided, That receipts
19 for scientific support services and materials furnished by
20 the National Research Centers and other National Science
21 Foundation supported research facilities may be credited to
22 this appropriation.
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1 MAJOR RESEARCH EQUIPMENT AND FACILITIES
2 CONSTRUCTION
3 For necessary expenses for the acquisition, construc-
4 tion, commissioning, and upgrading of major research
5 equipment, facilities, and other such capital assets pursuant
6 to the National Science Foundation Act of 1950 (42 U.S.C.
7 1861 et seq.), including authorized travel, $187,230,000, to
8 remain available until expended.
9 STEM EDUCATION
10 For necessary expenses in carrying out science, mathe-
11 matics, and engineering education and human resources
12 programs and activities pursuant to the National Science
13 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including
14 services as authorized by section 3109 of title 5, United
15 States Code, authorized travel, and rental of conference
16 rooms in the District of Columbia, $1,154,000,000, to re-
17 main available until September 30, 2024.
18 AGENCY OPERATIONS AND AWARD MANAGEMENT
19 For agency operations and award management nec-
20 essary in carrying out the National Science Foundation Act
21 of 1950 (42 U.S.C. 1861 et seq.); services authorized by sec-
22 tion 3109 of title 5, United States Code; hire of passenger
23 motor vehicles; uniforms or allowances therefor, as author-
24 ized by sections 5901 and 5902 of title 5, United States
25 Code; rental of conference rooms in the District of Colum-
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1 bia; and reimbursement of the Department of Homeland Se-
2 curity for security guard services; $448,000,000: Provided,
3 That not to exceed $8,280 is for official reception and rep-
4 resentation expenses: Provided further, That contracts may
5 be entered into under this heading in fiscal year 2023 for
6 maintenance and operation of facilities and for other serv-
7 ices to be provided during the next fiscal year.
8 OFFICE OF THE NATIONAL SCIENCE BOARD
9 For necessary expenses (including payment of salaries,
10 authorized travel, hire of passenger motor vehicles, the rent-
11 al of conference rooms in the District of Columbia, and the
12 employment of experts and consultants under section 3109
13 of title 5, United States Code) involved in carrying out sec-
14 tion 4 of the National Science Foundation Act of 1950 (42
15 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et
16 seq.), $5,090,000: Provided, That not to exceed $2,500 shall
17 be available for official reception and representation ex-
18 penses.
19 OFFICE OF INSPECTOR GENERAL
20 For necessary expenses of the Office of Inspector Gen-
21 eral as authorized by the Inspector General Act of 1978,
22 $23,393,000, of which $400,000 shall remain available until
23 September 30, 2024.
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1 ADMINISTRATIVE PROVISIONS
2 (INCLUDING TRANSFERS OF FUNDS)
3 Not to exceed 5 percent of any appropriation made
4 available for the current fiscal year for the National Science
5 Foundation in this Act may be transferred between such
6 appropriations, but no such appropriation shall be in-
7 creased by more than 10 percent by any such transfers. Any
8 transfer pursuant to this paragraph shall be treated as a
9 reprogramming of funds under section 505 of this Act and
10 shall not be available for obligation except in compliance
11 with the procedures set forth in that section.
12 The Director of the National Science Foundation
13 (NSF) shall notify the Committees on Appropriations of the
14 House of Representatives and the Senate at least 30 days
15 in advance of any planned divestment through transfer, de-
16 commissioning, termination, or deconstruction of any NSF-
17 owned facilities or any NSF capital assets (including land,
18 structures, and equipment) valued greater than $2,500,000.
19 There is hereby established in the Treasury of the
20 United States a fund to be known as the ‘‘National Science
21 Foundation Nonrecurring Expenses Fund’’ (the Fund). Un-
22 obligated balances of expired discretionary funds appro-
23 priated for this or any succeeding fiscal year from the Gen-
24 eral Fund of the Treasury to the National Science Founda-
25 tion by this or any other Act may be transferred (not later
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1 than the end of the fifth fiscal year after the last fiscal year
2 for which such funds are available for the purposes for
3 which appropriated) into the Fund. Amounts deposited in
4 the Fund shall be available until expended, and in addition
5 to such other funds as may be available for such purposes,
6 for information and business technology system moderniza-
7 tion and facilities infrastructure improvements, including
8 nonrecurring maintenance, necessary for the operation of
9 the Foundation or its funded research facilities, subject to
10 approval by the Office of Management and Budget.
11 Amounts in the Fund may be obligated only after the Com-
12 mittees on Appropriations of the House of Representatives
13 and the Senate are notified at least 15 days in advance
14 of the planned use of funds.
15 This title may be cited as the ‘‘Science Appropriations
16 Act, 2023’’.
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1 TITLE IV
2 RELATED AGENCIES
3 COMMISSION ON CIVIL RIGHTS
4 SALARIES AND EXPENSES
5 For necessary expenses of the Commission on Civil
6 Rights, including hire of passenger motor vehicles,
7 $14,350,000: Provided, That none of the funds appropriated
8 in this paragraph may be used to employ any individuals
9 under Schedule C of subpart C of part 213 of title 5 of
10 the Code of Federal Regulations exclusive of one special as-
11 sistant for each Commissioner: Provided further, That none
12 of the funds appropriated in this paragraph shall be used
13 to reimburse Commissioners for more than 75 billable days,
14 with the exception of the chairperson, who is permitted 125
15 billable days: Provided further, That the Chair may accept
16 and use any gift or donation to carry out the work of the
17 Commission: Provided further, That none of the funds ap-
18 propriated in this paragraph shall be used for any activity
19 or expense that is not explicitly authorized by section 3 of
20 the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a):
21 Provided further, That notwithstanding the preceding pro-
22 viso, $2,000,000 shall be used to separately fund the Com-
23 mission on the Social Status of Black Men and Boys.
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Equal Employment Op-
4 portunity Commission as authorized by title VII of the
5 Civil Rights Act of 1964, the Age Discrimination in Em-
6 ployment Act of 1967, the Equal Pay Act of 1963, the Amer-
7 icans with Disabilities Act of 1990, section 501 of the Reha-
8 bilitation Act of 1973, the Civil Rights Act of 1991, the
9 Genetic Information Nondiscrimination Act (GINA) of
10 2008 (Public Law 110–233), the ADA Amendments Act of
11 2008 (Public Law 110–325), and the Lilly Ledbetter Fair
12 Pay Act of 2009 (Public Law 111–2), including services
13 as authorized by section 3109 of title 5, United States Code;
14 hire of passenger motor vehicles as authorized by section
15 1343(b) of title 31, United States Code; nonmonetary
16 awards to private citizens; and up to $31,500,000 for pay-
17 ments to State and local enforcement agencies for author-
18 ized services to the Commission, $455,000,000: Provided,
19 That the Commission is authorized to make available for
20 official reception and representation expenses not to exceed
21 $2,250 from available funds: Provided further, That the
22 Commission may take no action to implement any work-
23 force repositioning, restructuring, or reorganization until
24 such time as the Committees on Appropriations of the
25 House of Representatives and the Senate have been notified
† HR 2617 EAS2
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1 of such proposals, in accordance with the reprogramming
2 requirements of section 505 of this Act: Provided further,
3 That the Chair may accept and use any gift or donation
4 to carry out the work of the Commission.
5 INTERNATIONAL TRADE COMMISSION
6 SALARIES AND EXPENSES
7 For necessary expenses of the International Trade
8 Commission, including hire of passenger motor vehicles and
9 services as authorized by section 3109 of title 5, United
10 States Code, and not to exceed $2,250 for official reception
11 and representation expenses, $122,400,000, to remain avail-
12 able until expended.
13 LEGAL SERVICES CORPORATION
14 PAYMENT TO THE LEGAL SERVICES CORPORATION
15 For payment to the Legal Services Corporation to
16 carry out the purposes of the Legal Services Corporation
17 Act of 1974, $560,000,000, of which $516,100,000 is for
18 basic field programs and required independent audits;
19 $5,700,000 is for the Office of Inspector General, of which
20 such amounts as may be necessary may be used to conduct
21 additional audits of recipients; $26,200,000 is for manage-
22 ment and grants oversight; $5,000,000 is for client self-help
23 and information technology; $5,000,000 is for a Pro Bono
24 Innovation Fund; and $2,000,000 is for loan repayment as-
25 sistance: Provided, That the Legal Services Corporation
† HR 2617 EAS2
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1 may continue to provide locality pay to officers and em-
2 ployees at a rate no greater than that provided by the Fed-
3 eral Government to Washington, DC-based employees as au-
4 thorized by section 5304 of title 5, United States Code, not-
5 withstanding section 1005(d) of the Legal Services Corpora-
6 tion Act (42 U.S.C. 2996d(d)): Provided further, That the
7 authorities provided in section 205 of this Act shall be ap-
8 plicable to the Legal Services Corporation: Provided fur-
9 ther, That, for the purposes of section 505 of this Act, the
10 Legal Services Corporation shall be considered an agency
11 of the United States Government.
12 ADMINISTRATIVE PROVISION—LEGAL SERVICES
13 CORPORATION
14 None of the funds appropriated in this Act to the Legal
15 Services Corporation shall be expended for any purpose pro-
16 hibited or limited by, or contrary to any of the provisions
17 of, sections 501, 502, 503, 504, 505, and 506 of Public Law
18 105–119, and all funds appropriated in this Act to the
19 Legal Services Corporation shall be subject to the same
20 terms and conditions set forth in such sections, except that
21 all references in sections 502 and 503 to 1997 and 1998
22 shall be deemed to refer instead to 2022 and 2023, respec-
23 tively.
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1 MARINE MAMMAL COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Marine Mammal Com-
4 mission as authorized by title II of the Marine Mammal
5 Protection Act of 1972 (16 U.S.C. 1361 et seq.), $4,500,000.
6 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
7 SALARIES AND EXPENSES
8 For necessary expenses of the Office of the United
9 States Trade Representative, including the hire of passenger
10 motor vehicles and the employment of experts and consult-
11 ants as authorized by section 3109 of title 5, United States
12 Code, $61,000,000, of which $1,000,000 shall remain avail-
13 able until expended: Provided, That of the total amount
14 made available under this heading, not to exceed $124,000
15 shall be available for official reception and representation
16 expenses.
17 TRADE ENFORCEMENT TRUST FUND
18 (INCLUDING TRANSFER OF FUNDS)
19 For activities of the United States Trade Representa-
20 tive authorized by section 611 of the Trade Facilitation and
21 Trade Enforcement Act of 2015 (19 U.S.C. 4405), including
22 transfers, $15,000,000, to be derived from the Trade En-
23 forcement Trust Fund: Provided, That any transfer pursu-
24 ant to subsection (d)(1) of such section shall be treated as
25 a reprogramming under section 505 of this Act.
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1 STATE JUSTICE INSTITUTE
2 SALARIES AND EXPENSES
3 For necessary expenses of the State Justice Institute,
4 as authorized by the State Justice Institute Act of 1984 (42
5 U.S.C. 10701 et seq.) $7,640,000, of which $500,000 shall
6 remain available until September 30, 2024: Provided, That
7 not to exceed $2,250 shall be available for official reception
8 and representation expenses: Provided further, That, for the
9 purposes of section 505 of this Act, the State Justice Insti-
10 tute shall be considered an agency of the United States Gov-
11 ernment.
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1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS)
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 501. No part of any appropriation contained in
6 this Act shall be used for publicity or propaganda purposes
7 not authorized by the Congress.
8 SEC. 502. No part of any appropriation contained in
9 this Act shall remain available for obligation beyond the
10 current fiscal year unless expressly so provided herein.
11 SEC. 503. The expenditure of any appropriation under
12 this Act for any consulting service through procurement
13 contract, pursuant to section 3109 of title 5, United States
14 Code, shall be limited to those contracts where such expendi-
15 tures are a matter of public record and available for public
16 inspection, except where otherwise provided under existing
17 law, or under existing Executive order issued pursuant to
18 existing law.
19 SEC. 504. If any provision of this Act or the applica-
20 tion of such provision to any person or circumstances shall
21 be held invalid, the remainder of the Act and the applica-
22 tion of each provision to persons or circumstances other
23 than those as to which it is held invalid shall not be affected
24 thereby.
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1 SEC. 505. None of the funds provided under this Act,
2 or provided under previous appropriations Acts to the agen-
3 cies funded by this Act that remain available for obligation
4 or expenditure in fiscal year 2023, or provided from any
5 accounts in the Treasury of the United States derived by
6 the collection of fees available to the agencies funded by this
7 Act, shall be available for obligation or expenditure through
8 a reprogramming of funds that: (1) creates or initiates a
9 new program, project, or activity; (2) eliminates a pro-
10 gram, project, or activity; (3) increases funds or personnel
11 by any means for any project or activity for which funds
12 have been denied or restricted; (4) relocates an office or em-
13 ployees; (5) reorganizes or renames offices, programs, or ac-
14 tivities; (6) contracts out or privatizes any functions or ac-
15 tivities presently performed by Federal employees; (7) aug-
16 ments existing programs, projects, or activities in excess of
17 $500,000 or 10 percent, whichever is less, or reduces by 10
18 percent funding for any program, project, or activity, or
19 numbers of personnel by 10 percent; or (8) results from any
20 general savings, including savings from a reduction in per-
21 sonnel, which would result in a change in existing pro-
22 grams, projects, or activities as approved by Congress; un-
23 less the House and Senate Committees on Appropriations
24 are notified 15 days in advance of such reprogramming of
25 funds.
† HR 2617 EAS2
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1 SEC. 506. (a) If it has been finally determined by a
2 court or Federal agency that any person intentionally af-
3 fixed a label bearing a ‘‘Made in America’’ inscription, or
4 any inscription with the same meaning, to any product sold
5 in or shipped to the United States that is not made in the
6 United States, the person shall be ineligible to receive any
7 contract or subcontract made with funds made available in
8 this Act, pursuant to the debarment, suspension, and ineli-
9 gibility procedures described in sections 9.400 through
10 9.409 of title 48, Code of Federal Regulations.
11 (b)(1) To the extent practicable, with respect to author-
12 ized purchases of promotional items, funds made available
13 by this Act shall be used to purchase items that are manu-
14 factured, produced, or assembled in the United States, its
15 territories or possessions.
16 (2) The term ‘‘promotional items’’ has the meaning
17 given the term in OMB Circular A–87, Attachment B, Item
18 (1)(f)(3).
19 SEC. 507. (a) The Departments of Commerce and Jus-
20 tice, the National Science Foundation, and the National
21 Aeronautics and Space Administration shall provide to the
22 Committees on Appropriations of the House of Representa-
23 tives and the Senate a quarterly report on the status of bal-
24 ances of appropriations at the account level. For unobli-
25 gated, uncommitted balances and unobligated, committed
† HR 2617 EAS2
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1 balances the quarterly reports shall separately identify the
2 amounts attributable to each source year of appropriation
3 from which the balances were derived. For balances that are
4 obligated, but unexpended, the quarterly reports shall sepa-
5 rately identify amounts by the year of obligation.
6 (b) The report described in subsection (a) shall be sub-
7 mitted within 30 days of the end of each quarter.
8 (c) If a department or agency is unable to fulfill any
9 aspect of a reporting requirement described in subsection
10 (a) due to a limitation of a current accounting system, the
11 department or agency shall fulfill such aspect to the max-
12 imum extent practicable under such accounting system and
13 shall identify and describe in each quarterly report the ex-
14 tent to which such aspect is not fulfilled.
15 SEC. 508. Any costs incurred by a department or agen-
16 cy funded under this Act resulting from, or to prevent, per-
17 sonnel actions taken in response to funding reductions in-
18 cluded in this Act shall be absorbed within the total budg-
19 etary resources available to such department or agency:
20 Provided, That the authority to transfer funds between ap-
21 propriations accounts as may be necessary to carry out this
22 section is provided in addition to authorities included else-
23 where in this Act: Provided further, That use of funds to
24 carry out this section shall be treated as a reprogramming
25 of funds under section 505 of this Act and shall not be avail-
† HR 2617 EAS2
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1 able for obligation or expenditure except in compliance with
2 the procedures set forth in that section: Provided further,
3 That for the Department of Commerce, this section shall
4 also apply to actions taken for the care and protection of
5 loan collateral or grant property.
6 SEC. 509. None of the funds provided by this Act shall
7 be available to promote the sale or export of tobacco or to-
8 bacco products, or to seek the reduction or removal by any
9 foreign country of restrictions on the marketing of tobacco
10 or tobacco products, except for restrictions which are not
11 applied equally to all tobacco or tobacco products of the
12 same type.
13 SEC. 510. Notwithstanding any other provision of law,
14 amounts deposited or available in the Fund established by
15 section 1402 of chapter XIV of title II of Public Law 98–
16 473 (34 U.S.C. 20101) in any fiscal year in excess of
17 $1,900,000,000 shall not be available for obligation until
18 the following fiscal year: Provided, That notwithstanding
19 section 1402(d) of such Act, of the amounts available from
20 the Fund for obligation: (1) $10,000,000 shall be transferred
21 to the Department of Justice Office of Inspector General
22 and remain available until expended for oversight and au-
23 diting purposes associated with this section; and (2) 5 per-
24 cent shall be available to the Office for Victims of Crime
25 for grants, consistent with the requirements of the Victims
† HR 2617 EAS2
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1 of Crime Act, to Indian Tribes to improve services for vic-
2 tims of crime.
3 SEC. 511. None of the funds made available to the De-
4 partment of Justice in this Act may be used to discriminate
5 against or denigrate the religious or moral beliefs of stu-
6 dents who participate in programs for which financial as-
7 sistance is provided from those funds, or of the parents or
8 legal guardians of such students.
9 SEC. 512. None of the funds made available in this
10 Act may be transferred to any department, agency, or in-
11 strumentality of the United States Government, except pur-
12 suant to a transfer made by, or transfer authority provided
13 in, this Act or any other appropriations Act.
14 SEC. 513. (a) The Inspectors General of the Depart-
15 ment of Commerce, the Department of Justice, the National
16 Aeronautics and Space Administration, the National
17 Science Foundation, and the Legal Services Corporation
18 shall conduct audits, pursuant to the Inspector General Act
19 (5 U.S.C. App.), of grants or contracts for which funds are
20 appropriated by this Act, and shall submit reports to Con-
21 gress on the progress of such audits, which may include pre-
22 liminary findings and a description of areas of particular
23 interest, within 180 days after initiating such an audit and
24 every 180 days thereafter until any such audit is completed.
† HR 2617 EAS2
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1 (b) Within 60 days after the date on which an audit
2 described in subsection (a) by an Inspector General is com-
3 pleted, the Secretary, Attorney General, Administrator, Di-
4 rector, or President, as appropriate, shall make the results
5 of the audit available to the public on the Internet website
6 maintained by the Department, Administration, Founda-
7 tion, or Corporation, respectively. The results shall be made
8 available in redacted form to exclude—
9 (1) any matter described in section 552(b) of
10 title 5, United States Code; and
11 (2) sensitive personal information for any indi-
12 vidual, the public access to which could be used to
13 commit identity theft or for other inappropriate or
14 unlawful purposes.
15 (c) Any person awarded a grant or contract funded
16 by amounts appropriated by this Act shall submit a state-
17 ment to the Secretary of Commerce, the Attorney General,
18 the Administrator, Director, or President, as appropriate,
19 certifying that no funds derived from the grant or contract
20 will be made available through a subcontract or in any
21 other manner to another person who has a financial interest
22 in the person awarded the grant or contract.
23 (d) The provisions of the preceding subsections of this
24 section shall take effect 30 days after the date on which the
25 Director of the Office of Management and Budget, in con-
† HR 2617 EAS2
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1 sultation with the Director of the Office of Government Eth-
2 ics, determines that a uniform set of rules and requirements,
3 substantially similar to the requirements in such sub-
4 sections, consistently apply under the executive branch eth-
5 ics program to all Federal departments, agencies, and enti-
6 ties.
7 SEC. 514. (a) None of the funds appropriated or other-
8 wise made available under this Act may be used by the De-
9 partments of Commerce and Justice, the National Aero-
10 nautics and Space Administration, or the National Science
11 Foundation to acquire a high-impact or moderate-impact
12 information system, as defined for security categorization
13 in the National Institute of Standards and Technology’s
14 (NIST) Federal Information Processing Standard Publica-
15 tion 199, ‘‘Standards for Security Categorization of Federal
16 Information and Information Systems’’ unless the agency
17 has—
18 (1) reviewed the supply chain risk for the infor-
19 mation systems against criteria developed by NIST
20 and the Federal Bureau of Investigation (FBI) to in-
21 form acquisition decisions for high-impact and mod-
22 erate-impact information systems within the Federal
23 Government;
24 (2) reviewed the supply chain risk from the pre-
25 sumptive awardee against available and relevant
† HR 2617 EAS2
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1 threat information provided by the FBI and other ap-
2 propriate agencies; and
3 (3) in consultation with the FBI or other appro-
4 priate Federal entity, conducted an assessment of any
5 risk of cyber-espionage or sabotage associated with the
6 acquisition of such system, including any risk associ-
7 ated with such system being produced, manufactured,
8 or assembled by one or more entities identified by the
9 United States Government as posing a cyber threat,
10 including but not limited to, those that may be
11 owned, directed, or subsidized by the People’s Repub-
12 lic of China, the Islamic Republic of Iran, the Demo-
13 cratic People’s Republic of Korea, or the Russian Fed-
14 eration.
15 (b) None of the funds appropriated or otherwise made
16 available under this Act may be used to acquire a high-
17 impact or moderate-impact information system reviewed
18 and assessed under subsection (a) unless the head of the as-
19 sessing entity described in subsection (a) has—
20 (1) developed, in consultation with NIST, the
21 FBI, and supply chain risk management experts, a
22 mitigation strategy for any identified risks;
23 (2) determined, in consultation with NIST and
24 the FBI, that the acquisition of such system is in the
25 national interest of the United States; and
† HR 2617 EAS2
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1 (3) reported that determination to the Commit-
2 tees on Appropriations of the House of Representa-
3 tives and the Senate and the agency Inspector Gen-
4 eral.
5 SEC. 515. None of the funds made available in this
6 Act shall be used in any way whatsoever to support or jus-
7 tify the use of torture by any official or contract employee
8 of the United States Government.
9 SEC. 516. None of the funds made available in this
10 Act may be used to include in any new bilateral or multi-
11 lateral trade agreement the text of—
12 (1) paragraph 2 of article 16.7 of the United
13 States–Singapore Free Trade Agreement;
14 (2) paragraph 4 of article 17.9 of the United
15 States–Australia Free Trade Agreement; or
16 (3) paragraph 4 of article 15.9 of the United
17 States–Morocco Free Trade Agreement.
18 SEC. 517. None of the funds made available in this
19 Act may be used to authorize or issue a national security
20 letter in contravention of any of the following laws author-
21 izing the Federal Bureau of Investigation to issue national
22 security letters: The Right to Financial Privacy Act of
23 1978; The Electronic Communications Privacy Act of 1986;
24 The Fair Credit Reporting Act; The National Security Act
† HR 2617 EAS2
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1 of 1947; USA PATRIOT Act; USA FREEDOM Act of
2 2015; and the laws amended by these Acts.
3 SEC. 518. If at any time during any quarter, the pro-
4 gram manager of a project within the jurisdiction of the
5 Departments of Commerce or Justice, the National Aero-
6 nautics and Space Administration, or the National Science
7 Foundation totaling more than $75,000,000 has reasonable
8 cause to believe that the total program cost has increased
9 by 10 percent or more, the program manager shall imme-
10 diately inform the respective Secretary, Administrator, or
11 Director. The Secretary, Administrator, or Director shall
12 notify the House and Senate Committees on Appropriations
13 within 30 days in writing of such increase, and shall in-
14 clude in such notice: the date on which such determination
15 was made; a statement of the reasons for such increases;
16 the action taken and proposed to be taken to control future
17 cost growth of the project; changes made in the performance
18 or schedule milestones and the degree to which such changes
19 have contributed to the increase in total program costs or
20 procurement costs; new estimates of the total project or pro-
21 curement costs; and a statement validating that the project’s
22 management structure is adequate to control total project
23 or procurement costs.
24 SEC. 519. Funds appropriated by this Act, or made
25 available by the transfer of funds in this Act, for intelligence
† HR 2617 EAS2
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1 or intelligence related activities are deemed to be specifi-
2 cally authorized by the Congress for purposes of section 504
3 of the National Security Act of 1947 (50 U.S.C. 3094) dur-
4 ing fiscal year 2023 until the enactment of the Intelligence
5 Authorization Act for fiscal year 2023.
6 SEC. 520. None of the funds appropriated or otherwise
7 made available by this Act may be used to enter into a
8 contract in an amount greater than $5,000,000 or to award
9 a grant in excess of such amount unless the prospective con-
10 tractor or grantee certifies in writing to the agency award-
11 ing the contract or grant that, to the best of its knowledge
12 and belief, the contractor or grantee has filed all Federal
13 tax returns required during the three years preceding the
14 certification, has not been convicted of a criminal offense
15 under the Internal Revenue Code of 1986, and has not, more
16 than 90 days prior to certification, been notified of any
17 unpaid Federal tax assessment for which the liability re-
18 mains unsatisfied, unless the assessment is the subject of
19 an installment agreement or offer in compromise that has
20 been approved by the Internal Revenue Service and is not
21 in default, or the assessment is the subject of a non-frivolous
22 administrative or judicial proceeding.
23 (RESCISSIONS)
24 SEC. 521. (a) Of the unobligated balances in the ‘‘Non-
25 recurring Expenses Fund’’ established in section 111(a) of
† HR 2617 EAS2
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1 division B of Public Law 116–93, $50,000,000 are hereby
2 permanently rescinded not later than September 30, 2023.
3 (b) Of the unobligated balances from prior year appro-
4 priations available to the Department of Commerce under
5 the heading ‘‘Economic Development Administration, Eco-
6 nomic Development Assistance Programs’’, $10,000,000 are
7 hereby permanently rescinded, not later than September 30,
8 2023.
9 (c) Of the unobligated balances from prior year appro-
10 priations available to the Department of Justice, the fol-
11 lowing funds are hereby permanently rescinded, not later
12 than September 30, 2023, from the following accounts in
13 the specified amounts—
14 (1) ‘‘State and Local Law Enforcement Activi-
15 ties, Office on Violence Against Women, Violence
16 Against Women Prevention and Prosecution Pro-
17 grams’’, $15,000,000;
18 (2) ‘‘State and Local Law Enforcement Activi-
19 ties, Office of Justice Programs’’, $75,000,000; and
20 (3) ‘‘State and Local Law Enforcement Activi-
21 ties, Community Oriented Policing Services’’,
22 $15,000,000.
23 (d) Of the unobligated balances available to the De-
24 partment of Justice, the following funds are hereby perma-
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1 nently rescinded, not later than September 30, 2023, from
2 the following accounts in the specified amounts—
3 (1) ‘‘Working Capital Fund’’, $705,768,000; and
4 (2) ‘‘Legal Activities, Assets Forfeiture Fund’’,
5 $500,000,000.
6 (e) The Departments of Commerce and Justice shall
7 submit to the Committees on Appropriations of the House
8 of Representatives and the Senate a report no later than
9 September 1, 2023, specifying the amount of each rescission
10 made pursuant to subsections (a), (b), (c) and (d).
11 (f) The amounts rescinded in subsections (a), (b), (c)
12 and (d) shall not be from amounts that were designated
13 by the Congress as an emergency or disaster relief require-
14 ment pursuant to the concurrent resolution on the budget
15 or the Balanced Budget and Emergency Deficit Control Act
16 of 1985.
17 (g) The amounts rescinded pursuant to subsections (c)
18 and (d) shall not be from—
19 (1) amounts provided under subparagraph (Q) of
20 paragraph (1) under the heading ‘‘State and Local
21 Law Enforcement Activities—Office of Justice Pro-
22 grams—State and Local Law Enforcement Assist-
23 ance’’ in title II of division B of Public Law 117–
24 103; or
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1 (2) amounts provided under paragraph (7)
2 under the heading ‘‘State and Local Law Enforce-
3 ment Activities—Community Oriented Policing Serv-
4 ices—Community Oriented Policing Services Pro-
5 grams’’ in title II of division B of Public Law 117–
6 103.
7 SEC. 522. None of the funds made available in this
8 Act may be used to purchase first class or premium airline
9 travel in contravention of sections 301–10.122 through 301–
10 10.124 of title 41 of the Code of Federal Regulations.
11 SEC. 523. None of the funds made available in this
12 Act may be used to send or otherwise pay for the attendance
13 of more than 50 employees from a Federal department or
14 agency, who are stationed in the United States, at any sin-
15 gle conference occurring outside the United States unless—
16 (1) such conference is a law enforcement training
17 or operational conference for law enforcement per-
18 sonnel and the majority of Federal employees in at-
19 tendance are law enforcement personnel stationed out-
20 side the United States; or
21 (2) such conference is a scientific conference and
22 the department or agency head determines that such
23 attendance is in the national interest and notifies the
24 Committees on Appropriations of the House of Rep-
25 resentatives and the Senate within at least 15 days
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1 of that determination and the basis for that deter-
2 mination.
3 SEC. 524. The Director of the Office of Management
4 and Budget shall instruct any department, agency, or in-
5 strumentality of the United States receiving funds appro-
6 priated under this Act to track undisbursed balances in ex-
7 pired grant accounts and include in its annual performance
8 plan and performance and accountability reports the fol-
9 lowing:
10 (1) Details on future action the department,
11 agency, or instrumentality will take to resolve
12 undisbursed balances in expired grant accounts.
13 (2) The method that the department, agency, or
14 instrumentality uses to track undisbursed balances in
15 expired grant accounts.
16 (3) Identification of undisbursed balances in ex-
17 pired grant accounts that may be returned to the
18 Treasury of the United States.
19 (4) In the preceding 3 fiscal years, details on the
20 total number of expired grant accounts with
21 undisbursed balances (on the first day of each fiscal
22 year) for the department, agency, or instrumentality
23 and the total finances that have not been obligated to
24 a specific project remaining in the accounts.
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1 SEC. 525. To the extent practicable, funds made avail-
2 able in this Act should be used to purchase light bulbs that
3 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy
4 Management Program’’ designation.
5 SEC. 526. (a) None of the funds made available by this
6 Act may be used for the National Aeronautics and Space
7 Administration (NASA), the Office of Science and Tech-
8 nology Policy (OSTP), or the National Space Council
9 (NSC) to develop, design, plan, promulgate, implement, or
10 execute a bilateral policy, program, order, or contract of
11 any kind to participate, collaborate, or coordinate bilat-
12 erally in any way with China or any Chinese-owned com-
13 pany unless such activities are specifically authorized by
14 a law enacted after the date of enactment of this Act.
15 (b) None of the funds made available by this Act may
16 be used to effectuate the hosting of official Chinese visitors
17 at facilities belonging to or utilized by NASA.
18 (c) The limitations described in subsections (a) and
19 (b) shall not apply to activities which NASA, OSTP, or
20 NSC, after consultation with the Federal Bureau of Inves-
21 tigation, have certified—
22 (1) pose no risk of resulting in the transfer of
23 technology, data, or other information with national
24 security or economic security implications to China
25 or a Chinese-owned company; and
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1 (2) will not involve knowing interactions with
2 officials who have been determined by the United
3 States to have direct involvement with violations of
4 human rights.
5 (d) Any certification made under subsection (c) shall
6 be submitted to the Committees on Appropriations of the
7 House of Representatives and the Senate, and the Federal
8 Bureau of Investigation, no later than 30 days prior to the
9 activity in question and shall include a description of the
10 purpose of the activity, its agenda, its major participants,
11 and its location and timing.
12 SEC. 527. (a) None of the funds made available in this
13 Act may be used to maintain or establish a computer net-
14 work unless such network blocks the viewing, downloading,
15 and exchanging of pornography.
16 (b) Nothing in subsection (a) shall limit the use of
17 funds necessary for any Federal, State, Tribal, or local law
18 enforcement agency or any other entity carrying out crimi-
19 nal investigations, prosecution, adjudication, or other law
20 enforcement- or victim assistance-related activity.
21 SEC. 528. The Departments of Commerce and Justice,
22 the National Aeronautics and Space Administration, the
23 National Science Foundation, the Commission on Civil
24 Rights, the Equal Employment Opportunity Commission,
25 the International Trade Commission, the Legal Services
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1 Corporation, the Marine Mammal Commission, the Offices
2 of Science and Technology Policy and the United States
3 Trade Representative, the National Space Council, and the
4 State Justice Institute shall submit spending plans, signed
5 by the respective department or agency head, to the Com-
6 mittees on Appropriations of the House of Representatives
7 and the Senate not later than 45 days after the date of en-
8 actment of this Act.
9 SEC. 529. Notwithstanding any other provision of this
10 Act, none of the funds appropriated or otherwise made
11 available by this Act may be used to pay award or incentive
12 fees for contractor performance that has been judged to be
13 below satisfactory performance or for performance that does
14 not meet the basic requirements of a contract.
15 SEC. 530. None of the funds made available by this
16 Act may be used in contravention of section 7606 (‘‘Legit-
17 imacy of Industrial Hemp Research’’) of the Agricultural
18 Act of 2014 (Public Law 113–79) by the Department of Jus-
19 tice or the Drug Enforcement Administration.
20 SEC. 531. None of the funds made available under this
21 Act to the Department of Justice may be used, with respect
22 to any of the States of Alabama, Alaska, Arizona, Arkansas,
23 California, Colorado, Connecticut, Delaware, Florida, Geor-
24 gia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana,
25 Maine, Maryland, Massachusetts, Michigan, Minnesota,
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1 Mississippi, Missouri, Montana, Nevada, New Hampshire,
2 New Jersey, New Mexico, New York, North Carolina, North
3 Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Is-
4 land, South Carolina, South Dakota, Tennessee, Texas,
5 Utah, Vermont, Virginia, Washington, West Virginia, Wis-
6 consin, and Wyoming, or with respect to the District of Co-
7 lumbia, the Commonwealth of the Northern Mariana Is-
8 lands, the United States Virgin Islands, Guam, or Puerto
9 Rico, to prevent any of them from implementing their own
10 laws that authorize the use, distribution, possession, or cul-
11 tivation of medical marijuana.
12 SEC. 532. The Department of Commerce, the National
13 Aeronautics and Space Administration, and the National
14 Science Foundation shall provide a quarterly report to the
15 Committees on Appropriations of the House of Representa-
16 tives and the Senate on any official travel to China by any
17 employee of such Department or agency, including the pur-
18 pose of such travel.
19 SEC. 533. Of the amounts made available by this Act,
20 not less than 10 percent of each total amount provided, re-
21 spectively, for Public Works grants authorized by the Public
22 Works and Economic Development Act of 1965 and grants
23 authorized by section 27 of the Stevenson-Wydler Tech-
24 nology Innovation Act of 1980 (15 U.S.C. 3722) shall be
25 allocated for assistance in persistent poverty counties: Pro-
† HR 2617 EAS2
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1 vided, That for purposes of this section, the term ‘‘persistent
2 poverty counties’’ means any county that has had 20 per-
3 cent or more of its population living in poverty over the
4 past 30 years, as measured by the 1993 Small Area Income
5 and Poverty Estimates, the 2000 decennial census, and the
6 most recent Small Area Income and Poverty Estimates, or
7 any Territory or possession of the United States.
8 SEC. 534. (a) Notwithstanding any other provision of
9 law or treaty, none of the funds appropriated or otherwise
10 made available under this Act or any other Act may be
11 expended or obligated by a department, agency, or instru-
12 mentality of the United States to pay administrative ex-
13 penses or to compensate an officer or employee of the United
14 States in connection with requiring an export license for
15 the export to Canada of components, parts, accessories or
16 attachments for firearms listed in Category I, section 121.1
17 of title 22, Code of Federal Regulations (International Traf-
18 ficking in Arms Regulations (ITAR), part 121, as it existed
19 on April 1, 2005) with a total value not exceeding $500
20 wholesale in any transaction, provided that the conditions
21 of subsection (b) of this section are met by the exporting
22 party for such articles.
23 (b) The foregoing exemption from obtaining an export
24 license—
† HR 2617 EAS2
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1 (1) does not exempt an exporter from filing any
2 Shipper’s Export Declaration or notification letter re-
3 quired by law, or from being otherwise eligible under
4 the laws of the United States to possess, ship, trans-
5 port, or export the articles enumerated in subsection
6 (a); and
7 (2) does not permit the export without a license
8 of—
9 (A) fully automatic firearms and compo-
10 nents and parts for such firearms, other than for
11 end use by the Federal Government, or a Provin-
12 cial or Municipal Government of Canada;
13 (B) barrels, cylinders, receivers (frames) or
14 complete breech mechanisms for any firearm list-
15 ed in Category I, other than for end use by the
16 Federal Government, or a Provincial or Munic-
17 ipal Government of Canada; or
18 (C) articles for export from Canada to an-
19 other foreign destination.
20 (c) In accordance with this section, the District Direc-
21 tors of Customs and postmasters shall permit the permanent
22 or temporary export without a license of any unclassified
23 articles specified in subsection (a) to Canada for end use
24 in Canada or return to the United States, or temporary
25 import of Canadian-origin items from Canada for end use
† HR 2617 EAS2
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1 in the United States or return to Canada for a Canadian
2 citizen.
3 (d) The President may require export licenses under
4 this section on a temporary basis if the President deter-
5 mines, upon publication first in the Federal Register, that
6 the Government of Canada has implemented or maintained
7 inadequate import controls for the articles specified in sub-
8 section (a), such that a significant diversion of such articles
9 has and continues to take place for use in international
10 terrorism or in the escalation of a conflict in another na-
11 tion. The President shall terminate the requirements of a
12 license when reasons for the temporary requirements have
13 ceased.
14 SEC. 535. Notwithstanding any other provision of law,
15 no department, agency, or instrumentality of the United
16 States receiving appropriated funds under this Act or any
17 other Act shall obligate or expend in any way such funds
18 to pay administrative expenses or the compensation of any
19 officer or employee of the United States to deny any appli-
20 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
21 qualified pursuant to 27 CFR section 478.112 or .113, for
22 a permit to import United States origin ‘‘curios or relics’’
23 firearms, parts, or ammunition.
24 SEC. 536. None of the funds made available by this
25 Act may be used to pay the salaries or expenses of personnel
† HR 2617 EAS2
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1 to deny, or fail to act on, an application for the importation
2 of any model of shotgun if—
3 (1) all other requirements of law with respect to
4 the proposed importation are met; and
5 (2) no application for the importation of such
6 model of shotgun, in the same configuration, had been
7 denied by the Attorney General prior to January 1,
8 2011, on the basis that the shotgun was not particu-
9 larly suitable for or readily adaptable to sporting
10 purposes.
11 SEC. 537. None of the funds made available by this
12 Act may be obligated or expended to implement the Arms
13 Trade Treaty until the Senate approves a resolution of rati-
14 fication for the Treaty.
15 SEC. 538. None of the funds appropriated or otherwise
16 made available in this or any other Act may be used to
17 transfer, release, or assist in the transfer or release to or
18 within the United States, its territories, or possessions
19 Khalid Sheikh Mohammed or any other detainee who—
20 (1) is not a United States citizen or a member
21 of the Armed Forces of the United States; and
22 (2) is or was held on or after June 24, 2009, at
23 the United States Naval Station, Guantanamo Bay,
24 Cuba, by the Department of Defense.
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1 SEC. 539. (a) None of the funds appropriated or other-
2 wise made available in this or any other Act may be used
3 to construct, acquire, or modify any facility in the United
4 States, its territories, or possessions to house any individual
5 described in subsection (c) for the purposes of detention or
6 imprisonment in the custody or under the effective control
7 of the Department of Defense.
8 (b) The prohibition in subsection (a) shall not apply
9 to any modification of facilities at United States Naval
10 Station, Guantanamo Bay, Cuba.
11 (c) An individual described in this subsection is any
12 individual who, as of June 24, 2009, is located at United
13 States Naval Station, Guantanamo Bay, Cuba, and who—
14 (1) is not a citizen of the United States or a
15 member of the Armed Forces of the United States; and
16 (2) is—
17 (A) in the custody or under the effective
18 control of the Department of Defense; or
19 (B) otherwise under detention at United
20 States Naval Station, Guantanamo Bay, Cuba.
21 SEC. 540. (a) The remaining unobligated balances of
22 funds as of September 30, 2023, from amounts made avail-
23 able to ‘‘Office of the United States Trade Representative—
24 Salaries and Expenses’’ in title IX of the United States-
25 Mexico-Canada Agreement Implementation Act (Public
† HR 2617 EAS2
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1 Law 116–113), are hereby rescinded, and an amount of ad-
2 ditional new budget authority equivalent to the amount re-
3 scinded pursuant to this subsection is hereby appropriated
4 on September 30, 2023, for an additional amount for fiscal
5 year 2023, to remain available until September 30, 2024,
6 and shall be available for the same purposes, in addition
7 to other funds as may be available for such purposes, and
8 under the same authorities for which the funds were origi-
9 nally provided in Public Law 116–113, except that all ref-
10 erences to ‘‘2023’’ under such heading in Public Law 116–
11 113 shall be deemed to refer instead to ‘‘2024’’.
12 (b) The remaining unobligated balances of funds as of
13 September 30, 2023, from amounts made available to ‘‘Of-
14 fice of the United States Trade Representative—Trade En-
15 forcement Trust Fund’’ in title IX of the United States-
16 Mexico-Canada Agreement Implementation Act (Public
17 Law 116–113), are hereby rescinded, and an amount of ad-
18 ditional new budget authority equivalent to the amount re-
19 scinded pursuant to this subsection is hereby appropriated
20 on September 30, 2023, for an additional amount for fiscal
21 year 2023, to remain available until September 30, 2024,
22 and shall be available for the same purposes, in addition
23 to other funds as may be available for such purposes, and
24 under the same authorities for which the funds were origi-
25 nally provided in Public Law 116–113, except that the ref-
† HR 2617 EAS2
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1 erence to ‘‘2023’’ under such heading in Public Law 116–
2 113 shall be deemed to refer instead to ‘‘2024’’.
3 (c) The amounts rescinded pursuant to this section
4 that were previously designated by the Congress as an emer-
5 gency requirement pursuant to section 251(b)(2)(A)(i) of
6 the Balanced Budget and Emergency Deficit Control Act
7 of 1985 are designated by the Congress as an emergency
8 requirement pursuant to section 4001(a)(1) of S. Con. Res.
9 14 (117th Congress), the concurrent resolution on the budget
10 for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
11 Congress), as engrossed in the House of Representatives on
12 June 8, 2022.
13 (d) Each amount provided by this section is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 4001(a)(1) of S. Con. Res. 14 (117th Con-
16 gress), the concurrent resolution on the budget for fiscal year
17 2022, and section 1(e) of H. Res. 1151 (117th Congress),
18 as engrossed in the House of Representatives on June 8,
19 2022.
20 SEC. 541. Funds made available to the Department of
21 Commerce and under the heading ‘‘Department of Justice—
22 Federal Bureau of Investigation—Salaries and Expenses’’
23 in this Act and any remaining unobligated balances of
24 funds made available to the Department of Commerce and
25 under the heading ‘‘Department of Justice—Federal Bu-
† HR 2617 EAS2
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1 reau of Investigation—Salaries and Expenses’’ in prior
2 year Acts, other than amounts designated by the Congress
3 as being for an emergency requirement pursuant to a con-
4 current resolution on the budget or the Balanced Budget
5 and Emergency Deficit Control Act of 1985, shall be avail-
6 able to provide payments pursuant to section 901(i)(2) of
7 title IX of division J of the Further Consolidated Appro-
8 priations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That
9 payments made pursuant to the matter preceding this pro-
10 viso may not exceed $5,000,000 for the Department of Com-
11 merce and $5,000,000 for the Federal Bureau of Investiga-
12 tion.
13 SEC. 542. (a) None of the funds in this Act may be
14 used for design or construction of the Mobile Launcher 2
15 until 30 days after the Administrator of the National Aero-
16 nautics and Space Administration (the ‘‘Administrator’’)
17 submits a plan to the Committees on Appropriations of the
18 House of Representatives and the Senate (the ‘‘Commit-
19 tees’’), the Government Accountability Office, and the Office
20 of Inspector General of the National Aeronautics and Space
21 Administration detailing a cost and schedule baseline for
22 the Mobile Launcher 2. Such plan shall include each of the
23 requirements described in subsection (c)(2) of section 30104
24 of title 51, United States Code, as well as an estimated date
† HR 2617 EAS2
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1 for completion of design and construction of the Mobile
2 Launcher 2.
3 (b) Not later than 90 days after the submission of the
4 plan described in subsection (a), and every 90 days there-
5 after, the Administrator shall report to the Committees, the
6 Government Accountability Office, and the Office of Inspec-
7 tor General of the National Aeronautics and Space Admin-
8 istration on steps taken to implement such plan.
9 SEC. 543. (a)(1) Within 45 days of enactment of this
10 Act, the Secretary of Commerce shall allocate amounts made
11 available from the Creating Helpful Incentives to Produce
12 Semiconductors (CHIPS) for America Fund for fiscal year
13 2023 pursuant to paragraphs (1) and (2) of section 102(a)
14 of the CHIPS Act of 2022 (division A of Public Law 117–
15 167), including the transfer authority in such paragraphs
16 of that section of that Act, to the accounts specified, in the
17 amounts specified, and for the projects and activities speci-
18 fied, in the table titled ‘‘Department of Commerce Alloca-
19 tion of National Institute of Standards and Technology
20 Funds: CHIPS Act Fiscal Year 2023’’ in the explanatory
21 statement described in section 4 (in the matter preceding
22 division A of this consolidated Act).
23 (2) Within 45 days of enactment of this Act, the Sec-
24 retary of Commerce shall allocate amounts made available
25 from the Public Wireless Supply Chain Innovation Fund
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1 for fiscal year 2023 pursuant to section 106 of the CHIPS
2 Act of 2022 (division A of Public Law 117–167), including
3 the transfer authority in section 106(b)(2) of that Act, to
4 the accounts specified, in the amounts specified, and for the
5 projects and activities specified, in the table titled ‘‘Depart-
6 ment of Commerce Allocation of National Telecommuni-
7 cations and Information Administration Funds: CHIPS
8 Act Fiscal Year 2023’’ in the explanatory statement de-
9 scribed in section 4 (in the matter preceding division A of
10 this consolidated Act).
11 (3) Within 45 days of enactment of this Act, the Direc-
12 tor of the National Science Foundation shall allocate
13 amounts made available from the Creating Helpful Incen-
14 tives to Produce Semiconductors (CHIPS) for America
15 Workforce and Education Fund for fiscal year 2023 pursu-
16 ant to section 102(d)(1) of the CHIPS Act of 2022 (division
17 A of Public Law 117–167), to the account specified, in the
18 amounts specified, and for the projects and activities speci-
19 fied in the table titled ‘‘National Science Foundation Allo-
20 cation of Funds: CHIPS Act Fiscal Year 2023’’ in the ex-
21 planatory statement described in section 4 (in the matter
22 preceding division A of this consolidated Act).
23 (b) Neither the President nor his designee may allocate
24 any amounts that are made available for any fiscal year
25 under section 102(a)(2)(A) of the CHIPS Act of 2022 or
† HR 2617 EAS2
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1 under section 102(d)(2) of such Act if there is in effect an
2 Act making or continuing appropriations for part of a fis-
3 cal year for the Departments of Commerce and Justice,
4 Science, and Related Agencies: Provided, That in any fiscal
5 year, the matter preceding this proviso shall not apply to
6 the allocation, apportionment, or allotment of amounts for
7 continuing administration of programs allocated funds
8 from the CHIPS for America Fund, which may be allocated
9 only in amounts that are no more than the allocation for
10 such purposes in subsection (a) of this section.
11 (c) Subject to prior consultation with, and the regular
12 notification procedures of, the Committees on Appropria-
13 tions of the House of Representatives and the Senate, and
14 subject to the terms and conditions in section 505 of this
15 Act—
16 (1) the Secretary of Commerce may reallocate
17 funds allocated to Industrial Technology Services for
18 section 9906 of Public Law 116–283 by subsection
19 (a)(1) of this section; and
20 (2) the Director of the National Science Founda-
21 tion may reallocate funds allocated to the CHIPS for
22 America Workforce and Education Fund by sub-
23 section (a)(3) of this section.
24 (d) Concurrent with the annual budget submission of
25 the President for fiscal year 2024, the Secretary of Com-
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1 merce and the Director of the National Science Foundation,
2 as appropriate, shall each submit to the Committees on Ap-
3 propriations of the House of Representatives and the Senate
4 proposed allocations by account and by program, project,
5 or activity, with detailed justifications, for amounts made
6 available under section 102(a)(2) and section 102(d)(2) of
7 the CHIPS Act of 2022 for fiscal year 2024.
8 (e) The Department of Commerce and the National
9 Science Foundation, as appropriate, shall each provide the
10 Committees on Appropriations of the House of Representa-
11 tives and Senate quarterly reports on the status of balances
12 of projects and activities funded by the CHIPS for America
13 Fund for amounts allocated pursuant to subsection (a)(1)
14 of this section, the status of balances of projects and activi-
15 ties funded by the Public Wireless Supply Chain Innovation
16 Fund for amounts allocated pursuant to subsection (a)(2)
17 of this section, and the status of balances of projects and
18 activities funded by the CHIPS for America Workforce and
19 Education Fund for amounts allocated pursuant to sub-
20 section (a)(3) of this section, including all uncommitted,
21 committed, and unobligated funds.
22 This division may be cited as the ‘‘Commerce, Justice,
23 Science, and Related Agencies Appropriations Act, 2023’’.
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1 DIVISION C—DEPARTMENT OF DEFENSE
2 APPROPRIATIONS ACT, 2023
3 TITLE I
4 MILITARY PERSONNEL
5 MILITARY PERSONNEL, ARMY
6 For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of station
8 travel (including all expenses thereof for organizational
9 movements), and expenses of temporary duty travel between
10 permanent duty stations, for members of the Army on active
11 duty (except members of reserve components provided for
12 elsewhere), cadets, and aviation cadets; for members of the
13 Reserve Officers’ Training Corps; and for payments pursu-
14 ant to section 156 of Public Law 97–377, as amended (42
15 U.S.C. 402 note), and to the Department of Defense Mili-
16 tary Retirement Fund, $49,628,305,000.
17 MILITARY PERSONNEL, NAVY
18 For pay, allowances, individual clothing, subsistence,
19 interest on deposits, gratuities, permanent change of station
20 travel (including all expenses thereof for organizational
21 movements), and expenses of temporary duty travel between
22 permanent duty stations, for members of the Navy on active
23 duty (except members of the Reserve provided for elsewhere),
24 midshipmen, and aviation cadets; for members of the Re-
25 serve Officers’ Training Corps; and for payments pursuant
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1 to section 156 of Public Law 97–377, as amended (42
2 U.S.C. 402 note), and to the Department of Defense Mili-
3 tary Retirement Fund, $36,706,395,000.
4 MILITARY PERSONNEL, MARINE CORPS
5 For pay, allowances, individual clothing, subsistence,
6 interest on deposits, gratuities, permanent change of station
7 travel (including all expenses thereof for organizational
8 movements), and expenses of temporary duty travel between
9 permanent duty stations, for members of the Marine Corps
10 on active duty (except members of the Reserve provided for
11 elsewhere); and for payments pursuant to section 156 of
12 Public Law 97–377, as amended (42 U.S.C. 402 note), and
13 to the Department of Defense Military Retirement Fund,
14 $15,050,088,000.
15 MILITARY PERSONNEL, AIR FORCE
16 For pay, allowances, individual clothing, subsistence,
17 interest on deposits, gratuities, permanent change of station
18 travel (including all expenses thereof for organizational
19 movements), and expenses of temporary duty travel between
20 permanent duty stations, for members of the Air Force on
21 active duty (except members of reserve components provided
22 for elsewhere), cadets, and aviation cadets; for members of
23 the Reserve Officers’ Training Corps; and for payments
24 pursuant to section 156 of Public Law 97–377, as amended
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1 (42 U.S.C. 402 note), and to the Department of Defense
2 Military Retirement Fund, $35,427,788,000.
3 MILITARY PERSONNEL, SPACE FORCE
4 For pay, allowances, individual clothing, subsistence,
5 interest on deposits, gratuities, permanent change of station
6 travel (including all expenses thereof for organizational
7 movements), and expenses of temporary duty travel between
8 permanent duty stations, for members of the Space Force
9 on active duty and cadets; for members of the Reserve Offi-
10 cers’ Training Corps; and for payments pursuant to section
11 156 of Public Law 97–377, as amended (42 U.S.C. 402
12 note), and to the Department of Defense Military Retire-
13 ment Fund, $1,109,400,000.
14 RESERVE PERSONNEL, ARMY
15 For pay, allowances, clothing, subsistence, gratuities,
16 travel, and related expenses for personnel of the Army Re-
17 serve on active duty under sections 10211, 10302, and 7038
18 of title 10, United States Code, or while serving on active
19 duty under section 12301(d) of title 10, United States Code,
20 in connection with performing duty specified in section
21 12310(a) of title 10, United States Code, or while under-
22 going reserve training, or while performing drills or equiva-
23 lent duty or other duty, and expenses authorized by section
24 16131 of title 10, United States Code; and for payments
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1 to the Department of Defense Military Retirement Fund,
2 $5,212,834,000.
3 RESERVE PERSONNEL, NAVY
4 For pay, allowances, clothing, subsistence, gratuities,
5 travel, and related expenses for personnel of the Navy Re-
6 serve on active duty under section 10211 of title 10, United
7 States Code, or while serving on active duty under section
8 12301(d) of title 10, United States Code, in connection with
9 performing duty specified in section 12310(a) of title 10,
10 United States Code, or while undergoing reserve training,
11 or while performing drills or equivalent duty, and expenses
12 authorized by section 16131 of title 10, United States Code;
13 and for payments to the Department of Defense Military
14 Retirement Fund, $2,400,831,000.
15 RESERVE PERSONNEL, MARINE CORPS
16 For pay, allowances, clothing, subsistence, gratuities,
17 travel, and related expenses for personnel of the Marine
18 Corps Reserve on active duty under section 10211 of title
19 10, United States Code, or while serving on active duty
20 under section 12301(d) of title 10, United States Code, in
21 connection with performing duty specified in section
22 12310(a) of title 10, United States Code, or while under-
23 going reserve training, or while performing drills or equiva-
24 lent duty, and for members of the Marine Corps platoon
25 leaders class, and expenses authorized by section 16131 of
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1 title 10, United States Code; and for payments to the De-
2 partment of Defense Military Retirement Fund,
3 $826,712,000.
4 RESERVE PERSONNEL, AIR FORCE
5 For pay, allowances, clothing, subsistence, gratuities,
6 travel, and related expenses for personnel of the Air Force
7 Reserve on active duty under sections 10211, 10305, and
8 8038 of title 10, United States Code, or while serving on
9 active duty under section 12301(d) of title 10, United States
10 Code, in connection with performing duty specified in sec-
11 tion 12310(a) of title 10, United States Code, or while un-
12 dergoing reserve training, or while performing drills or
13 equivalent duty or other duty, and expenses authorized by
14 section 16131 of title 10, United States Code; and for pay-
15 ments to the Department of Defense Military Retirement
16 Fund, $2,457,519,000.
17 NATIONAL GUARD PERSONNEL, ARMY
18 For pay, allowances, clothing, subsistence, gratuities,
19 travel, and related expenses for personnel of the Army Na-
20 tional Guard while on duty under sections 10211, 10302,
21 or 12402 of title 10 or section 708 of title 32, United States
22 Code, or while serving on duty under section 12301(d) of
23 title 10 or section 502(f) of title 32, United States Code,
24 in connection with performing duty specified in section
25 12310(a) of title 10, United States Code, or while under-
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1 going training, or while performing drills or equivalent
2 duty or other duty, and expenses authorized by section
3 16131 of title 10, United States Code; and for payments
4 to the Department of Defense Military Retirement Fund,
5 $9,232,554,000.
6 NATIONAL GUARD PERSONNEL, AIR FORCE
7 For pay, allowances, clothing, subsistence, gratuities,
8 travel, and related expenses for personnel of the Air Na-
9 tional Guard on duty under sections 10211, 10305, or
10 12402 of title 10 or section 708 of title 32, United States
11 Code, or while serving on duty under section 12301(d) of
12 title 10 or section 502(f) of title 32, United States Code,
13 in connection with performing duty specified in section
14 12310(a) of title 10, United States Code, or while under-
15 going training, or while performing drills or equivalent
16 duty or other duty, and expenses authorized by section
17 16131 of title 10, United States Code; and for payments
18 to the Department of Defense Military Retirement Fund,
19 $4,913,538,000.
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1 TITLE II
2 OPERATION AND MAINTENANCE
3 OPERATION AND MAINTENANCE, ARMY
4 For expenses, not otherwise provided for, necessary for
5 the operation and maintenance of the Army, as authorized
6 by law, $59,015,977,000: Provided, That not to exceed
7 $12,478,000 may be used for emergencies and extraordinary
8 expenses, to be expended upon the approval or authority
9 of the Secretary of the Army, and payments may be made
10 upon the Secretary’s certificate of necessity for confidential
11 military purposes.
12 OPERATION AND MAINTENANCE, NAVY
13 For expenses, not otherwise provided for, necessary for
14 the operation and maintenance of the Navy and the Marine
15 Corps, as authorized by law, $68,260,046,000: Provided,
16 That not to exceed $15,055,000 may be used for emergencies
17 and extraordinary expenses, to be expended upon the ap-
18 proval or authority of the Secretary of the Navy, and pay-
19 ments may be made upon the Secretary’s certificate of ne-
20 cessity for confidential military purposes.
21 OPERATION AND MAINTENANCE, MARINE CORPS
22 For expenses, not otherwise provided for, necessary for
23 the operation and maintenance of the Marine Corps, as au-
24 thorized by law, $9,891,998,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE
2 For expenses, not otherwise provided for, necessary for
3 the operation and maintenance of the Air Force, as author-
4 ized by law, $60,279,937,000: Provided, That not to exceed
5 $7,699,000 may be used for emergencies and extraordinary
6 expenses, to be expended upon the approval or authority
7 of the Secretary of the Air Force, and payments may be
8 made upon the Secretary’s certificate of necessity for con-
9 fidential military purposes.
10 OPERATION AND MAINTENANCE, SPACE FORCE
11 For expenses, not otherwise provided for, necessary for
12 the operation and maintenance of the Space Force, as au-
13 thorized by law, $4,086,883,000.
14 OPERATION AND MAINTENANCE, DEFENSE-WIDE
15 (INCLUDING TRANSFER OF FUNDS)
16 For expenses, not otherwise provided for, necessary for
17 the operation and maintenance of activities and agencies
18 of the Department of Defense (other than the military de-
19 partments), as authorized by law, $49,574,779,000: Pro-
20 vided, That not more than $2,981,000 may be used for the
21 Combatant Commander Initiative Fund authorized under
22 section 166a of title 10, United States Code: Provided fur-
23 ther, That not to exceed $36,000,000 may be used for emer-
24 gencies and extraordinary expenses, to be expended upon
25 the approval or authority of the Secretary of Defense, and
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1 payments may be made upon the Secretary’s certificate of
2 necessity for confidential military purposes: Provided fur-
3 ther, That of the funds provided under this heading, not
4 less than $55,000,000 shall be made available for the Pro-
5 curement Technical Assistance Cooperative Agreement Pro-
6 gram, of which not less than $5,000,000 shall be available
7 for centers defined in 10 U.S.C. 2411(1)(D): Provided fur-
8 ther, That none of the funds appropriated or otherwise
9 made available by this Act may be used to plan or imple-
10 ment the consolidation of a budget or appropriations liai-
11 son office of the Office of the Secretary of Defense, the office
12 of the Secretary of a military department, or the service
13 headquarters of one of the Armed Forces into a legislative
14 affairs or legislative liaison office: Provided further, That
15 $49,071,000 to remain available until expended, is avail-
16 able only for expenses relating to certain classified activi-
17 ties, and may be transferred as necessary by the Secretary
18 of Defense to operation and maintenance appropriations or
19 research, development, test and evaluation appropriations,
20 to be merged with and to be available for the same time
21 period as the appropriations to which transferred: Provided
22 further, That any ceiling on the investment item unit cost
23 of items that may be purchased with operation and mainte-
24 nance funds shall not apply to the funds described in the
25 preceding proviso: Provided further, That of the funds pro-
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1 vided under this heading, $2,467,009,000, of which
2 $1,510,260,000, to remain available until September 30,
3 2024, shall be available to provide support and assistance
4 to foreign security forces or other groups or individuals to
5 conduct, support or facilitate counterterrorism, crisis re-
6 sponse, or other Department of Defense security cooperation
7 programs: Provided further, That the Secretary of Defense
8 shall provide quarterly reports to the Committees on Appro-
9 priations of the House of Representatives and the Senate
10 on the use and status of funds made available in this para-
11 graph: Provided further, That the transfer authority pro-
12 vided under this heading is in addition to any other trans-
13 fer authority provided elsewhere in this Act.
14 COUNTER-ISIS TRAIN AND EQUIP FUND
15 For the ‘‘Counter-Islamic State of Iraq and Syria
16 Train and Equip Fund’’, $475,000,000, to remain available
17 until September 30, 2024: Provided, That such funds shall
18 be available to the Secretary of Defense in coordination
19 with the Secretary of State, to provide assistance, including
20 training; equipment; logistics support, supplies, and serv-
21 ices; stipends; infrastructure repair and renovation; con-
22 struction for facility fortification and humane treatment;
23 and sustainment, to foreign security forces, irregular forces,
24 groups, or individuals participating, or preparing to par-
25 ticipate in activities to counter the Islamic State of Iraq
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1 and Syria, and their affiliated or associated groups: Pro-
2 vided further, That amounts made available under this
3 heading shall be available to provide assistance only for ac-
4 tivities in a country designated by the Secretary of Defense,
5 in coordination with the Secretary of State, as having a
6 security mission to counter the Islamic State of Iraq and
7 Syria, and following written notification to the congres-
8 sional defense committees of such designation: Provided fur-
9 ther, That the Secretary of Defense shall ensure that prior
10 to providing assistance to elements of any forces or individ-
11 uals, such elements or individuals are appropriately vetted,
12 including at a minimum, assessing such elements for asso-
13 ciations with terrorist groups or groups associated with the
14 Government of Iran; and receiving commitments from such
15 elements to promote respect for human rights and the rule
16 of law: Provided further, That the Secretary of Defense
17 shall, not fewer than 15 days prior to obligating from this
18 appropriation account, notify the congressional defense
19 committees in writing of the details of any such obligation:
20 Provided further, That the Secretary of Defense may accept
21 and retain contributions, including assistance in-kind,
22 from foreign governments, including the Government of
23 Iraq and other entities, to carry out assistance authorized
24 under this heading: Provided further, That contributions of
25 funds for the purposes provided herein from any foreign
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1 government or other entity may be credited to this Fund,
2 to remain available until expended, and used for such pur-
3 poses: Provided further, That the Secretary of Defense shall
4 prioritize such contributions when providing any assistance
5 for construction for facility fortification: Provided further,
6 That the Secretary of Defense may waive a provision of
7 law relating to the acquisition of items and support services
8 or sections 40 and 40A of the Arms Export Control Act
9 (22 U.S.C. 2780 and 2785) if the Secretary determines that
10 such provision of law would prohibit, restrict, delay or oth-
11 erwise limit the provision of such assistance and a notice
12 of and justification for such waiver is submitted to the con-
13 gressional defense committees, the Committees on Appro-
14 priations and Foreign Relations of the Senate and the Com-
15 mittees on Appropriations and Foreign Affairs of the House
16 of Representatives: Provided further, That the United States
17 may accept equipment procured using funds provided under
18 this heading, or under the heading, ‘‘Iraq Train and Equip
19 Fund’’ in prior Acts, that was transferred to security forces,
20 irregular forces, or groups participating, or preparing to
21 participate in activities to counter the Islamic State of Iraq
22 and Syria and returned by such forces or groups to the
23 United States, and such equipment may be treated as stocks
24 of the Department of Defense upon written notification to
25 the congressional defense committees: Provided further, That
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1 equipment procured using funds provided under this head-
2 ing, or under the heading, ‘‘Iraq Train and Equip Fund’’
3 in prior Acts, and not yet transferred to security forces,
4 irregular forces, or groups participating, or preparing to
5 participate in activities to counter the Islamic State of Iraq
6 and Syria may be treated as stocks of the Department of
7 Defense when determined by the Secretary to no longer be
8 required for transfer to such forces or groups and upon
9 written notification to the congressional defense committees:
10 Provided further, That the Secretary of Defense shall pro-
11 vide quarterly reports to the congressional defense commit-
12 tees on the use of funds provided under this heading, includ-
13 ing, but not limited to, the number of individuals trained,
14 the nature and scope of support and sustainment provided
15 to each group or individual, the area of operations for each
16 group, and the contributions of other countries, groups, or
17 individuals.
18 OPERATION AND MAINTENANCE, ARMY RESERVE
19 For expenses, not otherwise provided for, necessary for
20 the operation and maintenance, including training, organi-
21 zation, and administration, of the Army Reserve; repair of
22 facilities and equipment; hire of passenger motor vehicles;
23 travel and transportation; care of the dead; recruiting; pro-
24 curement of services, supplies, and equipment; and commu-
25 nications, $3,206,434,000.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE
2 For expenses, not otherwise provided for, necessary for
3 the operation and maintenance, including training, organi-
4 zation, and administration, of the Navy Reserve; repair of
5 facilities and equipment; hire of passenger motor vehicles;
6 travel and transportation; care of the dead; recruiting; pro-
7 curement of services, supplies, and equipment; and commu-
8 nications, $1,278,050,000.
9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
10 For expenses, not otherwise provided for, necessary for
11 the operation and maintenance, including training, organi-
12 zation, and administration, of the Marine Corps Reserve;
13 repair of facilities and equipment; hire of passenger motor
14 vehicles; travel and transportation; care of the dead; recruit-
15 ing; procurement of services, supplies, and equipment; and
16 communications, $347,633,000.
17 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
18 For expenses, not otherwise provided for, necessary for
19 the operation and maintenance, including training, organi-
20 zation, and administration, of the Air Force Reserve; repair
21 of facilities and equipment; hire of passenger motor vehicles;
22 travel and transportation; care of the dead; recruiting; pro-
23 curement of services, supplies, and equipment; and commu-
24 nications, $3,700,800,000.
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1 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
2 For expenses of training, organizing, and admin-
3 istering the Army National Guard, including medical and
4 hospital treatment and related expenses in non-Federal hos-
5 pitals; maintenance, operation, and repairs to structures
6 and facilities; hire of passenger motor vehicles; personnel
7 services in the National Guard Bureau; travel expenses
8 (other than mileage), as authorized by law for Army per-
9 sonnel on active duty, for Army National Guard division,
10 regimental, and battalion commanders while inspecting
11 units in compliance with National Guard Bureau regula-
12 tions when specifically authorized by the Chief, National
13 Guard Bureau; supplying and equipping the Army Na-
14 tional Guard as authorized by law; and expenses of repair,
15 modification, maintenance, and issue of supplies and
16 equipment (including aircraft), $8,299,187,000.
17 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
18 For expenses of training, organizing, and admin-
19 istering the Air National Guard, including medical and
20 hospital treatment and related expenses in non-Federal hos-
21 pitals; maintenance, operation, and repairs to structures
22 and facilities; transportation of things, hire of passenger
23 motor vehicles; supplying and equipping the Air National
24 Guard, as authorized by law; expenses for repair, modifica-
25 tion, maintenance, and issue of supplies and equipment,
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1 including those furnished from stocks under the control of
2 agencies of the Department of Defense; travel expenses (other
3 than mileage) on the same basis as authorized by law for
4 Air National Guard personnel on active Federal duty, for
5 Air National Guard commanders while inspecting units in
6 compliance with National Guard Bureau regulations when
7 specifically authorized by the Chief, National Guard Bu-
8 reau, $7,382,079,000.
9 UNITED STATES COURT OF APPEALS FOR THE ARMED
10 FORCES
11 For salaries and expenses necessary for the United
12 States Court of Appeals for the Armed Forces, $16,003,000,
13 of which not to exceed $10,000 may be used for official rep-
14 resentation purposes.
15 ENVIRONMENTAL RESTORATION, ARMY
16 (INCLUDING TRANSFER OF FUNDS)
17 For the Department of the Army, $324,500,000, to re-
18 main available until transferred: Provided, That the Sec-
19 retary of the Army shall, upon determining that such funds
20 are required for environmental restoration, reduction and
21 recycling of hazardous waste, removal of unsafe buildings
22 and debris of the Department of the Army, or for similar
23 purposes, transfer the funds made available by this appro-
24 priation to other appropriations made available to the De-
25 partment of the Army, to be merged with and to be available
† HR 2617 EAS2
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1 for the same purposes and for the same time period as the
2 appropriations to which transferred: Provided further, That
3 upon a determination that all or part of the funds trans-
4 ferred from this appropriation are not necessary for the
5 purposes provided herein, such amounts may be transferred
6 back to this appropriation: Provided further, That the
7 transfer authority provided under this heading is in addi-
8 tion to any other transfer authority provided elsewhere in
9 this Act.
10 ENVIRONMENTAL RESTORATION, NAVY
11 (INCLUDING TRANSFER OF FUNDS)
12 For the Department of the Navy, $400,113,000, to re-
13 main available until transferred: Provided, That the Sec-
14 retary of the Navy shall, upon determining that such funds
15 are required for environmental restoration, reduction and
16 recycling of hazardous waste, removal of unsafe buildings
17 and debris of the Department of the Navy, or for similar
18 purposes, transfer the funds made available by this appro-
19 priation to other appropriations made available to the De-
20 partment of the Navy, to be merged with and to be available
21 for the same purposes and for the same time period as the
22 appropriations to which transferred: Provided further, That
23 upon a determination that all or part of the funds trans-
24 ferred from this appropriation are not necessary for the
25 purposes provided herein, such amounts may be transferred
† HR 2617 EAS2
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1 back to this appropriation: Provided further, That the
2 transfer authority provided under this heading is in addi-
3 tion to any other transfer authority provided elsewhere in
4 this Act.
5 ENVIRONMENTAL RESTORATION, AIR FORCE
6 (INCLUDING TRANSFER OF FUNDS)
7 For the Department of the Air Force, $573,810,000,
8 to remain available until transferred: Provided, That the
9 Secretary of the Air Force shall, upon determining that
10 such funds are required for environmental restoration, re-
11 duction and recycling of hazardous waste, removal of unsafe
12 buildings and debris of the Department of the Air Force,
13 or for similar purposes, transfer the funds made available
14 by this appropriation to other appropriations made avail-
15 able to the Department of the Air Force, to be merged with
16 and to be available for the same purposes and for the same
17 time period as the appropriations to which transferred:
18 Provided further, That upon a determination that all or
19 part of the funds transferred from this appropriation are
20 not necessary for the purposes provided herein, such
21 amounts may be transferred back to this appropriation:
22 Provided further, That the transfer authority provided
23 under this heading is in addition to any other transfer au-
24 thority provided elsewhere in this Act.
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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
2 (INCLUDING TRANSFER OF FUNDS)
3 For the Department of Defense, $10,979,000, to remain
4 available until transferred: Provided, That the Secretary of
5 Defense shall, upon determining that such funds are re-
6 quired for environmental restoration, reduction and recy-
7 cling of hazardous waste, removal of unsafe buildings and
8 debris of the Department of Defense, or for similar purposes,
9 transfer the funds made available by this appropriation to
10 other appropriations made available to the Department of
11 Defense, to be merged with and to be available for the same
12 purposes and for the same time period as the appropria-
13 tions to which transferred: Provided further, That upon a
14 determination that all or part of the funds transferred from
15 this appropriation are not necessary for the purposes pro-
16 vided herein, such amounts may be transferred back to this
17 appropriation: Provided further, That the transfer author-
18 ity provided under this heading is in addition to any other
19 transfer authority provided elsewhere in this Act.
20 ENVIRONMENTAL RESTORATION, FORMERLY USED
21 DEFENSE SITES
22 (INCLUDING TRANSFER OF FUNDS)
23 For the Department of the Army, $317,580,000, to re-
24 main available until transferred: Provided, That the Sec-
25 retary of the Army shall, upon determining that such funds
† HR 2617 EAS2
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1 are required for environmental restoration, reduction and
2 recycling of hazardous waste, removal of unsafe buildings
3 and debris at sites formerly used by the Department of De-
4 fense, transfer the funds made available by this appropria-
5 tion to other appropriations made available to the Depart-
6 ment of the Army, to be merged with and to be available
7 for the same purposes and for the same time period as the
8 appropriations to which transferred: Provided further, That
9 upon a determination that all or part of the funds trans-
10 ferred from this appropriation are not necessary for the
11 purposes provided herein, such amounts may be transferred
12 back to this appropriation: Provided further, That the
13 transfer authority provided under this heading is in addi-
14 tion to any other transfer authority provided elsewhere in
15 this Act.
16 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
17 For expenses relating to the Overseas Humanitarian,
18 Disaster, and Civic Aid programs of the Department of De-
19 fense (consisting of the programs provided under sections
20 401, 402, 404, 407, 2557, and 2561 of title 10, United
21 States Code), $170,000,000, to remain available until Sep-
22 tember 30, 2024: Provided, That such amounts shall not
23 be subject to the limitation in section 407(c)(3) of title 10,
24 United States Code.
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1 COOPERATIVE THREAT REDUCTION ACCOUNT
2 For assistance, including assistance provided by con-
3 tract or by grants, under programs and activities of the
4 Department of Defense Cooperative Threat Reduction Pro-
5 gram authorized under the Department of Defense Coopera-
6 tive Threat Reduction Act, $351,598,000, to remain avail-
7 able until September 30, 2025.
8 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
9 DEVELOPMENT ACCOUNT
10 For the Department of Defense Acquisition Workforce
11 Development Account, $111,791,000: Provided, That no
12 other amounts may be otherwise credited or transferred to
13 the Account, or deposited into the Account, in fiscal year
14 2023 pursuant to section 1705(d) of title 10, United States
15 Code.
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1 TITLE III
2 PROCUREMENT
3 AIRCRAFT PROCUREMENT, ARMY
4 For construction, procurement, production, modifica-
5 tion, and modernization of aircraft, equipment, including
6 ordnance, ground handling equipment, spare parts, and ac-
7 cessories therefor; specialized equipment and training de-
8 vices; expansion of public and private plants, including the
9 land necessary therefor, for the foregoing purposes, and such
10 lands and interests therein, may be acquired, and construc-
11 tion prosecuted thereon prior to approval of title; and pro-
12 curement and installation of equipment, appliances, and
13 machine tools in public and private plants; reserve plant
14 and Government and contractor-owned equipment layaway;
15 and other expenses necessary for the foregoing purposes,
16 $3,847,834,000, to remain available for obligation until
17 September 30, 2025.
18 MISSILE PROCUREMENT, ARMY
19 For construction, procurement, production, modifica-
20 tion, and modernization of missiles, equipment, including
21 ordnance, ground handling equipment, spare parts, and ac-
22 cessories therefor; specialized equipment and training de-
23 vices; expansion of public and private plants, including the
24 land necessary therefor, for the foregoing purposes, and such
25 lands and interests therein, may be acquired, and construc-
† HR 2617 EAS2
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1 tion prosecuted thereon prior to approval of title; and pro-
2 curement and installation of equipment, appliances, and
3 machine tools in public and private plants; reserve plant
4 and Government and contractor-owned equipment layaway;
5 and other expenses necessary for the foregoing purposes,
6 $3,848,853,000, to remain available for obligation until
7 September 30, 2025.
8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
9 VEHICLES, ARMY
10 For construction, procurement, production, and modi-
11 fication of weapons and tracked combat vehicles, equipment,
12 including ordnance, spare parts, and accessories therefor;
13 specialized equipment and training devices; expansion of
14 public and private plants, including the land necessary
15 therefor, for the foregoing purposes, and such lands and in-
16 terests therein, may be acquired, and construction pros-
17 ecuted thereon prior to approval of title; and procurement
18 and installation of equipment, appliances, and machine
19 tools in public and private plants; reserve plant and Gov-
20 ernment and contractor-owned equipment layaway; and
21 other expenses necessary for the foregoing purposes,
22 $4,505,157,000, to remain available for obligation until
23 September 30, 2025.
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1 PROCUREMENT OF AMMUNITION, ARMY
2 For construction, procurement, production, and modi-
3 fication of ammunition, and accessories therefor; specialized
4 equipment and training devices; expansion of public and
5 private plants, including ammunition facilities, authorized
6 by section 2854 of title 10, United States Code, and the
7 land necessary therefor, for the foregoing purposes, and such
8 lands and interests therein, may be acquired, and construc-
9 tion prosecuted thereon prior to approval of title; and pro-
10 curement and installation of equipment, appliances, and
11 machine tools in public and private plants; reserve plant
12 and Government and contractor-owned equipment layaway;
13 and other expenses necessary for the foregoing purposes,
14 $2,770,120,000, to remain available for obligation until
15 September 30, 2025.
16 OTHER PROCUREMENT, ARMY
17 For construction, procurement, production, and modi-
18 fication of vehicles, including tactical, support, and non-
19 tracked combat vehicles; the purchase of passenger motor ve-
20 hicles for replacement only; communications and electronic
21 equipment; other support equipment; spare parts, ordnance,
22 and accessories therefor; specialized equipment and training
23 devices; expansion of public and private plants, including
24 the land necessary therefor, for the foregoing purposes, and
25 such lands and interests therein, may be acquired, and con-
† HR 2617 EAS2
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1 struction prosecuted thereon prior to approval of title; and
2 procurement and installation of equipment, appliances,
3 and machine tools in public and private plants; reserve
4 plant and Government and contractor-owned equipment
5 layaway; and other expenses necessary for the foregoing
6 purposes, $8,668,148,000, to remain available for obligation
7 until September 30, 2025.
8 AIRCRAFT PROCUREMENT, NAVY
9 For construction, procurement, production, modifica-
10 tion, and modernization of aircraft, equipment, including
11 ordnance, spare parts, and accessories therefor; specialized
12 equipment; expansion of public and private plants, includ-
13 ing the land necessary therefor, and such lands and inter-
14 ests therein, may be acquired, and construction prosecuted
15 thereon prior to approval of title; and procurement and in-
16 stallation of equipment, appliances, and machine tools in
17 public and private plants; reserve plant and Government
18 and contractor-owned equipment layaway,
19 $19,031,864,000, to remain available for obligation until
20 September 30, 2025.
21 WEAPONS PROCUREMENT, NAVY
22 For construction, procurement, production, modifica-
23 tion, and modernization of missiles, torpedoes, other weap-
24 ons, and related support equipment including spare parts,
25 and accessories therefor; expansion of public and private
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1 plants, including the land necessary therefor, and such
2 lands and interests therein, may be acquired, and construc-
3 tion prosecuted thereon prior to approval of title; and pro-
4 curement and installation of equipment, appliances, and
5 machine tools in public and private plants; reserve plant
6 and Government and contractor-owned equipment layaway,
7 $4,823,113,000, to remain available for obligation until
8 September 30, 2025.
9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
10 CORPS
11 For construction, procurement, production, and modi-
12 fication of ammunition, and accessories therefor; specialized
13 equipment and training devices; expansion of public and
14 private plants, including ammunition facilities, authorized
15 by section 2854 of title 10, United States Code, and the
16 land necessary therefor, for the foregoing purposes, and such
17 lands and interests therein, may be acquired, and construc-
18 tion prosecuted thereon prior to approval of title; and pro-
19 curement and installation of equipment, appliances, and
20 machine tools in public and private plants; reserve plant
21 and Government and contractor-owned equipment layaway;
22 and other expenses necessary for the foregoing purposes,
23 $920,884,000, to remain available for obligation until Sep-
24 tember 30, 2025.
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1 SHIPBUILDING AND CONVERSION, NAVY
2 For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ-
4 ing armor and armament thereof, plant equipment, appli-
5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con-
7 tractor-owned equipment layaway; procurement of critical,
8 long lead time components and designs for vessels to be con-
9 structed or converted in the future; and expansion of public
10 and private plants, including land necessary therefor, and
11 such lands and interests therein, may be acquired, and con-
12 struction prosecuted thereon prior to approval of title, as
13 follows:
14 Columbia Class Submarine, $3,079,223,000;
15 Columbia Class Submarine (AP),
16 $2,778,553,000;
17 Carrier Replacement Program (CVN–80),
18 $1,465,880,000;
19 Carrier Replacement Program (CVN–81),
20 $1,052,024,000;
21 Virginia Class Submarine, $4,534,184,000;
22 Virginia Class Submarine (AP), $2,025,651,000;
23 CVN Refueling Overhauls (AP), $612,081,000;
24 DDG–1000 Program, $72,976,000;
25 DDG–51 Destroyer, $6,946,537,000;
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1 DDG–51 Destroyer (AP), $695,652,000;
2 FFG–Frigate, $1,135,224,000;
3 LPD Flight II, $1,673,000,000;
4 LPD Flight II (AP), $250,000,000;
5 LHA Replacement, $1,374,470,000;
6 Expeditionary Fast Transport, $645,000,000;
7 TAO Fleet Oiler, $782,588,000;
8 Towing, Salvage, and Rescue Ship, $95,915,000;
9 Ship to Shore Connector, $454,533,000;
10 Service Craft, $21,056,000;
11 Auxiliary Personnel Lighter, $71,218,000;
12 LCAC SLEP, $36,301,000;
13 Auxiliary Vessels, $133,000,000;
14 For outfitting, post delivery, conversions, and
15 first destination transportation, $707,412,000; and
16 Completion of Prior Year Shipbuilding Pro-
17 grams, $1,312,646,000.
18 In all: $31,955,124,000, to remain available for obligation
19 until September 30, 2027: Provided, That additional obli-
20 gations may be incurred after September 30, 2027, for engi-
21 neering services, tests, evaluations, and other such budgeted
22 work that must be performed in the final stage of ship con-
23 struction: Provided further, That none of the funds provided
24 under this heading for the construction or conversion of any
25 naval vessel to be constructed in shipyards in the United
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1 States shall be expended in foreign facilities for the con-
2 struction of major components of such vessel: Provided fur-
3 ther, That none of the funds provided under this heading
4 shall be used for the construction of any naval vessel in
5 foreign shipyards: Provided further, That funds appro-
6 priated or otherwise made available by this Act for Colum-
7 bia Class Submarine (AP) may be available for the pur-
8 poses authorized by subsections (f), (g), (h) or (i) of section
9 2218a of title 10, United States Code, only in accordance
10 with the provisions of the applicable subsection.
11 OTHER PROCUREMENT, NAVY
12 For procurement, production, and modernization of
13 support equipment and materials not otherwise provided
14 for, Navy ordnance (except ordnance for new aircraft, new
15 ships, and ships authorized for conversion); the purchase
16 of passenger motor vehicles for replacement only; expansion
17 of public and private plants, including the land necessary
18 therefor, and such lands and interests therein, may be ac-
19 quired, and construction prosecuted thereon prior to ap-
20 proval of title; and procurement and installation of equip-
21 ment, appliances, and machine tools in public and private
22 plants; reserve plant and Government and contractor-owned
23 equipment layaway, $12,138,590,000, to remain available
24 for obligation until September 30, 2025: Provided, That
25 such funds are also available for the maintenance, repair,
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1 and modernization of ships under a pilot program estab-
2 lished for such purposes.
3 PROCUREMENT, MARINE CORPS
4 For expenses necessary for the procurement, manufac-
5 ture, and modification of missiles, armament, military
6 equipment, spare parts, and accessories therefor; plant
7 equipment, appliances, and machine tools, and installation
8 thereof in public and private plants; reserve plant and Gov-
9 ernment and contractor-owned equipment layaway; vehicles
10 for the Marine Corps, including the purchase of passenger
11 motor vehicles for replacement only; and expansion of pub-
12 lic and private plants, including land necessary therefor,
13 and such lands and interests therein, may be acquired, and
14 construction prosecuted thereon prior to approval of title,
15 $3,669,510,000, to remain available for obligation until
16 September 30, 2025.
17 AIRCRAFT PROCUREMENT, AIR FORCE
18 For construction, procurement, and modification of
19 aircraft and equipment, including armor and armament,
20 specialized ground handling equipment, and training de-
21 vices, spare parts, and accessories therefor; specialized
22 equipment; expansion of public and private plants, Govern-
23 ment-owned equipment and installation thereof in such
24 plants, erection of structures, and acquisition of land, for
25 the foregoing purposes, and such lands and interests therein,
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1 may be acquired, and construction prosecuted thereon prior
2 to approval of title; reserve plant and Government and con-
3 tractor-owned equipment layaway; and other expenses nec-
4 essary for the foregoing purposes including rents and trans-
5 portation of things, $22,196,175,000, to remain available
6 for obligation until September 30, 2025.
7 MISSILE PROCUREMENT, AIR FORCE
8 For construction, procurement, and modification of
9 missiles, rockets, and related equipment, including spare
10 parts and accessories therefor; ground handling equipment,
11 and training devices; expansion of public and private
12 plants, Government-owned equipment and installation
13 thereof in such plants, erection of structures, and acquisi-
14 tion of land, for the foregoing purposes, and such lands and
15 interests therein, may be acquired, and construction pros-
16 ecuted thereon prior to approval of title; reserve plant and
17 Government and contractor-owned equipment layaway; and
18 other expenses necessary for the foregoing purposes includ-
19 ing rents and transportation of things, $2,999,346,000, to
20 remain available for obligation until September 30, 2025.
21 PROCUREMENT OF AMMUNITION, AIR FORCE
22 For construction, procurement, production, and modi-
23 fication of ammunition, and accessories therefor; specialized
24 equipment and training devices; expansion of public and
25 private plants, including ammunition facilities, authorized
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1 by section 2854 of title 10, United States Code, and the
2 land necessary therefor, for the foregoing purposes, and such
3 lands and interests therein, may be acquired, and construc-
4 tion prosecuted thereon prior to approval of title; and pro-
5 curement and installation of equipment, appliances, and
6 machine tools in public and private plants; reserve plant
7 and Government and contractor-owned equipment layaway;
8 and other expenses necessary for the foregoing purposes,
9 $857,722,000, to remain available for obligation until Sep-
10 tember 30, 2025.
11 OTHER PROCUREMENT, AIR FORCE
12 For procurement and modification of equipment (in-
13 cluding ground guidance and electronic control equipment,
14 and ground electronic and communication equipment), and
15 supplies, materials, and spare parts therefor, not otherwise
16 provided for; the purchase of passenger motor vehicles for
17 replacement only; lease of passenger motor vehicles; and ex-
18 pansion of public and private plants, Government-owned
19 equipment and installation thereof in such plants, erection
20 of structures, and acquisition of land, for the foregoing pur-
21 poses, and such lands and interests therein, may be ac-
22 quired, and construction prosecuted thereon, prior to ap-
23 proval of title; reserve plant and Government and con-
24 tractor-owned equipment layaway, $28,034,122,000, to re-
25 main available for obligation until September 30, 2025.
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1 PROCUREMENT, SPACE FORCE
2 For construction, procurement, and modification of
3 spacecraft, rockets, and related equipment, including spare
4 parts and accessories therefor; ground handling equipment,
5 and training devices; expansion of public and private
6 plants, Government-owned equipment and installation
7 thereof in such plants, erection of structures, and acquisi-
8 tion of land, for the foregoing purposes, and such lands and
9 interests therein, may be acquired, and construction pros-
10 ecuted thereon prior to approval of title; reserve plant and
11 Government and contractor-owned equipment layaway; and
12 other expenses necessary for the foregoing purposes includ-
13 ing rents and transportation of things, $4,462,188,000, to
14 remain available for obligation until September 30, 2025.
15 PROCUREMENT, DEFENSE-WIDE
16 For expenses of activities and agencies of the Depart-
17 ment of Defense (other than the military departments) nec-
18 essary for procurement, production, and modification of
19 equipment, supplies, materials, and spare parts therefor,
20 not otherwise provided for; the purchase of passenger motor
21 vehicles for replacement only; expansion of public and pri-
22 vate plants, equipment, and installation thereof in such
23 plants, erection of structures, and acquisition of land for
24 the foregoing purposes, and such lands and interests therein,
25 may be acquired, and construction prosecuted thereon prior
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1 to approval of title; reserve plant and Government and con-
2 tractor-owned equipment layaway, $6,139,674,000, to re-
3 main available for obligation until September 30, 2025.
4 DEFENSE PRODUCTION ACT PURCHASES
5 For activities by the Department of Defense pursuant
6 to sections 108, 301, 302, and 303 of the Defense Production
7 Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
8 $372,906,000, to remain available for obligation until Sep-
9 tember 30, 2027, which shall be obligated and expended by
10 the Secretary of Defense as if delegated the necessary au-
11 thorities conferred by the Defense Production Act of 1950.
12 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
13 For procurement of rotary-wing aircraft; combat, tac-
14 tical and support vehicles; other weapons; and other pro-
15 curement items for the reserve components of the Armed
16 Forces, $1,000,000,000, to remain available for obligation
17 until September 30, 2025: Provided, That the Chiefs of Na-
18 tional Guard and Reserve components shall, not later than
19 30 days after enactment of this Act, individually submit
20 to the congressional defense committees the modernization
21 priority assessment for their respective National Guard or
22 Reserve component: Provided further, That none of the
23 funds made available by this paragraph may be used to
24 procure manned fixed wing aircraft, or procure or modify
25 missiles, munitions, or ammunition.
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1 TITLE IV
2 RESEARCH, DEVELOPMENT, TEST AND
3 EVALUATION
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
5 For expenses necessary for basic and applied scientific
6 research, development, test and evaluation, including main-
7 tenance, rehabilitation, lease, and operation of facilities
8 and equipment, $17,150,141,000, to remain available for
9 obligation until September 30, 2024.
10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
11 For expenses necessary for basic and applied scientific
12 research, development, test and evaluation, including main-
13 tenance, rehabilitation, lease, and operation of facilities
14 and equipment, $26,017,309,000, to remain available for
15 obligation until September 30, 2024: Provided, That funds
16 appropriated in this paragraph which are available for the
17 V–22 may be used to meet unique operational requirements
18 of the Special Operations Forces.
19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
20 FORCE
21 For expenses necessary for basic and applied scientific
22 research, development, test and evaluation, including main-
23 tenance, rehabilitation, lease, and operation of facilities
24 and equipment, $44,946,927,000, to remain available for
25 obligation until September 30, 2024.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
2 SPACE FORCE
3 For expenses necessary for basic and applied scientific
4 research, development, test and evaluation, including main-
5 tenance, rehabilitation, lease, and operation of facilities
6 and equipment, $16,631,377,000, to remain available until
7 September 30, 2024.
8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
9 DEFENSE-WIDE
10 For expenses of activities and agencies of the Depart-
11 ment of Defense (other than the military departments), nec-
12 essary for basic and applied scientific research, develop-
13 ment, test and evaluation; advanced research projects as
14 may be designated and determined by the Secretary of De-
15 fense, pursuant to law; maintenance, rehabilitation, lease,
16 and operation of facilities and equipment, $34,565,478,000,
17 to remain available for obligation until September 30,
18 2024.
19 OPERATIONAL TEST AND EVALUATION, DEFENSE
20 For expenses, not otherwise provided for, necessary for
21 the independent activities of the Director, Operational Test
22 and Evaluation, in the direction and supervision of oper-
23 ational test and evaluation, including initial operational
24 test and evaluation which is conducted prior to, and in sup-
25 port of, production decisions; joint operational testing and
† HR 2617 EAS2
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1 evaluation; and administrative expenses in connection
2 therewith, $449,294,000, to remain available for obligation
3 until September 30, 2024.
4 TITLE V
5 REVOLVING AND MANAGEMENT FUNDS
6 DEFENSE WORKING CAPITAL FUNDS
7 For the Defense Working Capital Funds,
8 $1,654,710,000.
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1 TITLE VI
2 OTHER DEPARTMENT OF DEFENSE PROGRAMS
3 DEFENSE HEALTH PROGRAM
4 For expenses, not otherwise provided for, for medical
5 and health care programs of the Department of Defense as
6 authorized by law, $39,225,101,000; of which
7 $35,613,417,000 shall be for operation and maintenance, of
8 which not to exceed one percent shall remain available for
9 obligation until September 30, 2024, and of which up to
10 $18,577,877,000 may be available for contracts entered into
11 under the TRICARE program; of which $570,074,000, to
12 remain available for obligation until September 30, 2025,
13 shall be for procurement; and of which $3,041,610,000, to
14 remain available for obligation until September 30, 2024,
15 shall be for research, development, test and evaluation: Pro-
16 vided, That, notwithstanding any other provision of law,
17 of the amount made available under this heading for re-
18 search, development, test and evaluation, not less than
19 $12,000,000 shall be available for HIV prevention edu-
20 cational activities undertaken in connection with United
21 States military training, exercises, and humanitarian as-
22 sistance activities conducted primarily in African nations:
23 Provided further, That of the funds provided under this
24 heading for research, development, test and evaluation, not
25 less than $1,561,000,000 shall be made available to the De-
† HR 2617 EAS2
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1 fense Health Agency to carry out the congressionally di-
2 rected medical research programs: Provided further, That
3 the Secretary of Defense shall submit to the congressional
4 defense committees quarterly reports on the current status
5 of the deployment of the electronic health record: Provided
6 further, That the Secretary of Defense shall provide notice
7 to the congressional defense committees not later than 10
8 business days after delaying the proposed timeline of such
9 deployment if such delay is longer than 1 week: Provided
10 further, That the Comptroller General of the United States
11 shall perform quarterly performance reviews of such deploy-
12 ment.
13 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
14 DEFENSE
15 For expenses, not otherwise provided for, necessary for
16 the destruction of the United States stockpile of lethal chem-
17 ical agents and munitions in accordance with the provi-
18 sions of section 1412 of the Department of Defense Author-
19 ization Act, 1986 (50 U.S.C. 1521), and for the destruction
20 of other chemical warfare materials that are not in the
21 chemical weapon stockpile, $1,059,818,000, of which
22 $84,612,000 shall be for operation and maintenance, of
23 which no less than $53,186,000 shall be for the Chemical
24 Stockpile Emergency Preparedness Program, consisting of
25 $22,778,000 for activities on military installations and
† HR 2617 EAS2
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1 $30,408,000, to remain available until September 30, 2024,
2 to assist State and local governments; and $975,206,000,
3 to remain available until September 30, 2024, shall be for
4 research, development, test and evaluation, of which
5 $971,742,000 shall only be for the Assembled Chemical
6 Weapons Alternatives program.
7 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
8 DEFENSE
9 (INCLUDING TRANSFER OF FUNDS)
10 For drug interdiction and counter-drug activities of
11 the Department of Defense, for transfer to appropriations
12 available to the Department of Defense for military per-
13 sonnel of the reserve components serving under the provi-
14 sions of title 10 and title 32, United States Code; for oper-
15 ation and maintenance; for procurement; and for research,
16 development, test and evaluation, $970,764,000, of which
17 $614,510,000 shall be for counter-narcotics support;
18 $130,060,000 shall be for the drug demand reduction pro-
19 gram; $200,316,000 shall be for the National Guard
20 counter-drug program; and $25,878,000 shall be for the Na-
21 tional Guard counter-drug schools program: Provided, That
22 the funds appropriated under this heading shall be avail-
23 able for obligation for the same time period and for the
24 same purpose as the appropriation to which transferred:
25 Provided further, That upon a determination that all or
† HR 2617 EAS2
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1 part of the funds transferred from this appropriation are
2 not necessary for the purposes provided herein, such
3 amounts may be transferred back to this appropriation:
4 Provided further, That the transfer authority provided
5 under this heading is in addition to any other transfer au-
6 thority contained elsewhere in this Act: Provided further,
7 That funds appropriated under this heading may be used
8 to support a new start program or project only after written
9 prior notification to the Committees on Appropriations of
10 the House of Representatives and the Senate.
11 OFFICE OF THE INSPECTOR GENERAL
12 For expenses and activities of the Office of the Inspec-
13 tor General in carrying out the provisions of the Inspector
14 General Act of 1978, as amended, $485,359,000, of which
15 $481,971,000 shall be for operation and maintenance, of
16 which not to exceed $700,000 is available for emergencies
17 and extraordinary expenses to be expended upon the ap-
18 proval or authority of the Inspector General, and payments
19 may be made upon the Inspector General’s certificate of ne-
20 cessity for confidential military purposes; of which
21 $1,524,000, to remain available for obligation until Sep-
22 tember 30, 2025, shall be for procurement; and of which
23 $1,864,000, to remain available until September 30, 2024,
24 shall be for research, development, test and evaluation.
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1 SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS
2 For logistical and security support for international
3 sporting competitions (including pay and non-travel re-
4 lated allowances only for members of the Reserve Compo-
5 nents of the Armed Forces of the United States called or
6 ordered to active duty in connection with providing such
7 support), $10,377,000, to remain available until expended.
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1 TITLE VII
2 RELATED AGENCIES
3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
4 DISABILITY SYSTEM FUND
5 For payment to the Central Intelligence Agency Retire-
6 ment and Disability System Fund, to maintain the proper
7 funding level for continuing the operation of the Central
8 Intelligence Agency Retirement and Disability System,
9 $514,000,000.
10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
11 For necessary expenses of the Intelligence Community
12 Management Account, $562,265,000.
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1 TITLE VIII
2 GENERAL PROVISIONS
3 SEC. 8001. No part of any appropriation contained
4 in this Act shall be used for publicity or propaganda pur-
5 poses not authorized by the Congress.
6 SEC. 8002. During the current fiscal year, provisions
7 of law prohibiting the payment of compensation to, or em-
8 ployment of, any person not a citizen of the United States
9 shall not apply to personnel of the Department of Defense:
10 Provided, That salary increases granted to direct and indi-
11 rect hire foreign national employees of the Department of
12 Defense funded by this Act shall not be at a rate in excess
13 of the percentage increase authorized by law for civilian
14 employees of the Department of Defense whose pay is com-
15 puted under the provisions of section 5332 of title 5, United
16 States Code, or at a rate in excess of the percentage increase
17 provided by the appropriate host nation to its own employ-
18 ees, whichever is higher: Provided further, That this section
19 shall not apply to Department of Defense foreign service
20 national employees serving at United States diplomatic
21 missions whose pay is set by the Department of State under
22 the Foreign Service Act of 1980: Provided further, That the
23 limitations of this provision shall not apply to foreign na-
24 tional employees of the Department of Defense in the Re-
25 public of Turkey.
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1 SEC. 8003. No part of any appropriation contained
2 in this Act shall remain available for obligation beyond the
3 current fiscal year, unless expressly so provided herein.
4 SEC. 8004. No more than 20 percent of the appropria-
5 tions in this Act which are limited for obligation during
6 the current fiscal year shall be obligated during the last 2
7 months of the fiscal year: Provided, That this section shall
8 not apply to obligations for support of active duty training
9 of reserve components or summer camp training of the Re-
10 serve Officers’ Training Corps.
11 (TRANSFER OF FUNDS)
12 SEC. 8005. Upon determination by the Secretary of
13 Defense that such action is necessary in the national inter-
14 est, the Secretary may, with the approval of the Office of
15 Management and Budget, transfer not to exceed
16 $6,000,000,000 of working capital funds of the Department
17 of Defense or funds made available in this Act to the De-
18 partment of Defense for military functions (except military
19 construction) between such appropriations or funds or any
20 subdivision thereof, to be merged with and to be available
21 for the same purposes, and for the same time period, as
22 the appropriation or fund to which transferred: Provided,
23 That such authority to transfer may not be used unless for
24 higher priority items, based on unforeseen military require-
25 ments, than those for which originally appropriated and
† HR 2617 EAS2
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1 in no case where the item for which funds are requested
2 has been denied by the Congress: Provided further, That the
3 Secretary of Defense shall notify the Congress promptly of
4 all transfers made pursuant to this authority or any other
5 authority in this Act: Provided further, That no part of
6 the funds in this Act shall be available to prepare or present
7 a request to the Committees on Appropriations of the House
8 of Representatives and the Senate for reprogramming of
9 funds, unless for higher priority items, based on unforeseen
10 military requirements, than those for which originally ap-
11 propriated and in no case where the item for which re-
12 programming is requested has been denied by the Congress:
13 Provided further, That a request for multiple
14 reprogrammings of funds using authority provided in this
15 section shall be made prior to June 30, 2023: Provided fur-
16 ther, That transfers among military personnel appropria-
17 tions shall not be taken into account for purposes of the
18 limitation on the amount of funds that may be transferred
19 under this section.
20 SEC. 8006. (a) With regard to the list of specific pro-
21 grams, projects, and activities (and the dollar amounts and
22 adjustments to budget activities corresponding to such pro-
23 grams, projects, and activities) contained in the tables titled
24 Explanation of Project Level Adjustments in the explana-
25 tory statement regarding this Act and the tables contained
† HR 2617 EAS2
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1 in the classified annex accompanying this Act, the obliga-
2 tion and expenditure of amounts appropriated or otherwise
3 made available in this Act for those programs, projects, and
4 activities for which the amounts appropriated exceed the
5 amounts requested are hereby required by law to be carried
6 out in the manner provided by such tables to the same ex-
7 tent as if the tables were included in the text of this Act.
8 (b) Amounts specified in the referenced tables described
9 in subsection (a) shall not be treated as subdivisions of ap-
10 propriations for purposes of section 8005 of this Act: Pro-
11 vided, That section 8005 shall apply when transfers of the
12 amounts described in subsection (a) occur between appro-
13 priation accounts.
14 SEC. 8007. (a) Not later than 60 days after the date
15 of the enactment of this Act, the Department of Defense shall
16 submit a report to the congressional defense committees to
17 establish the baseline for application of reprogramming and
18 transfer authorities for fiscal year 2023: Provided, That the
19 report shall include—
20 (1) a table for each appropriation with a sepa-
21 rate column to display the President’s budget request,
22 adjustments made by Congress, adjustments due to
23 enacted rescissions, if appropriate, and the fiscal year
24 enacted level;
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1 (2) a delineation in the table for each appropria-
2 tion both by budget activity and program, project,
3 and activity as detailed in the Budget Appendix; and
4 (3) an identification of items of special congres-
5 sional interest.
6 (b) Notwithstanding section 8005 of this Act, none of
7 the funds provided in this Act shall be available for re-
8 programming or transfer until the report identified in sub-
9 section (a) is submitted to the congressional defense commit-
10 tees, unless the Secretary of Defense certifies in writing to
11 the congressional defense committees that such reprogram-
12 ming or transfer is necessary as an emergency requirement:
13 Provided, That this subsection shall not apply to transfers
14 from the following appropriations accounts:
15 (1) ‘‘Environmental Restoration, Army’’;
16 (2) ‘‘Environmental Restoration, Navy’’;
17 (3) ‘‘Environmental Restoration, Air Force’’;
18 (4) ‘‘Environmental Restoration, Defense-Wide’’;
19 (5) ‘‘Environmental Restoration, Formerly Used
20 Defense Sites’’; and
21 (6) ‘‘Drug Interdiction and Counter-drug Activi-
22 ties, Defense’’.
23 (TRANSFER OF FUNDS)
24 SEC. 8008. During the current fiscal year, cash bal-
25 ances in working capital funds of the Department of De-
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1 fense established pursuant to section 2208 of title 10, United
2 States Code, may be maintained in only such amounts as
3 are necessary at any time for cash disbursements to be made
4 from such funds: Provided, That transfers may be made be-
5 tween such funds: Provided further, That transfers may be
6 made between working capital funds and the ‘‘Foreign Cur-
7 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
8 ation and Maintenance’’ appropriation accounts in such
9 amounts as may be determined by the Secretary of Defense,
10 with the approval of the Office of Management and Budget,
11 except that such transfers may not be made unless the Sec-
12 retary of Defense has notified the Congress of the proposed
13 transfer: Provided further, That except in amounts equal
14 to the amounts appropriated to working capital funds in
15 this Act, no obligations may be made against a working
16 capital fund to procure or increase the value of war reserve
17 material inventory, unless the Secretary of Defense has no-
18 tified the Congress prior to any such obligation.
19 SEC. 8009. Funds appropriated by this Act may not
20 be used to initiate a special access program without prior
21 notification 30 calendar days in advance to the congres-
22 sional defense committees.
23 SEC. 8010. None of the funds provided in this Act shall
24 be available to initiate: (1) a multiyear contract that em-
25 ploys economic order quantity procurement in excess of
† HR 2617 EAS2
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1 $20,000,000 in any one year of the contract or that includes
2 an unfunded contingent liability in excess of $20,000,000;
3 or (2) a contract for advance procurement leading to a
4 multiyear contract that employs economic order quantity
5 procurement in excess of $20,000,000 in any one year, un-
6 less the congressional defense committees have been notified
7 at least 30 days in advance of the proposed contract award:
8 Provided, That no part of any appropriation contained in
9 this Act shall be available to initiate a multiyear contract
10 for which the economic order quantity advance procurement
11 is not funded at least to the limits of the Government’s li-
12 ability: Provided further, That no part of any appropria-
13 tion contained in this Act shall be available to initiate
14 multiyear procurement contracts for any systems or compo-
15 nent thereof if the value of the multiyear contract would
16 exceed $500,000,000 unless specifically provided in this Act:
17 Provided further, That no multiyear procurement contract
18 can be terminated without 30-day prior notification to the
19 congressional defense committees: Provided further, That the
20 execution of multiyear authority shall require the use of a
21 present value analysis to determine lowest cost compared
22 to an annual procurement: Provided further, That none of
23 the funds provided in this Act may be used for a multiyear
24 contract executed after the date of the enactment of this Act
25 unless in the case of any such contract—
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1 (1) the Secretary of Defense has submitted to
2 Congress a budget request for full funding of units to
3 be procured through the contract and, in the case of
4 a contract for procurement of aircraft, that includes,
5 for any aircraft unit to be procured through the con-
6 tract for which procurement funds are requested in
7 that budget request for production beyond advance
8 procurement activities in the fiscal year covered by
9 the budget, full funding of procurement of such unit
10 in that fiscal year;
11 (2) cancellation provisions in the contract do not
12 include consideration of recurring manufacturing
13 costs of the contractor associated with the production
14 of unfunded units to be delivered under the contract;
15 (3) the contract provides that payments to the
16 contractor under the contract shall not be made in
17 advance of incurred costs on funded units; and
18 (4) the contract does not provide for a price ad-
19 justment based on a failure to award a follow-on con-
20 tract.
21 Funds appropriated in title III of this Act may be used
22 for multiyear procurement contracts for up to 15 DDG–
23 51 Arleigh Burke Class Guided Missile Destroyers.
24 SEC. 8011. Within the funds appropriated for the oper-
25 ation and maintenance of the Armed Forces, funds are here-
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1 by appropriated pursuant to section 401 of title 10, United
2 States Code, for humanitarian and civic assistance costs
3 under chapter 20 of title 10, United States Code: Provided,
4 That such funds may also be obligated for humanitarian
5 and civic assistance costs incidental to authorized oper-
6 ations and pursuant to authority granted in section 401
7 of title 10, United States Code, and these obligations shall
8 be reported as required by section 401(d) of title 10, United
9 States Code: Provided further, That funds available for op-
10 eration and maintenance shall be available for providing
11 humanitarian and similar assistance by using Civic Action
12 Teams in the Trust Territories of the Pacific Islands and
13 freely associated states of Micronesia, pursuant to the Com-
14 pact of Free Association as authorized by Public Law 99–
15 239: Provided further, That upon a determination by the
16 Secretary of the Army that such action is beneficial for
17 graduate medical education programs conducted at Army
18 medical facilities located in Hawaii, the Secretary of the
19 Army may authorize the provision of medical services at
20 such facilities and transportation to such facilities, on a
21 nonreimbursable basis, for civilian patients from American
22 Samoa, the Commonwealth of the Northern Mariana Is-
23 lands, the Marshall Islands, the Federated States of Micro-
24 nesia, Palau, and Guam.
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1 SEC. 8012. (a) During the current fiscal year, the ci-
2 vilian personnel of the Department of Defense may not be
3 managed on the basis of any constraint or limitation in
4 terms of man years, end strength, full-time equivalent posi-
5 tions, or maximum number of employees, but are to be man-
6 aged solely on the basis of, and in a manner consistent
7 with—
8 (1) the total force management policies and pro-
9 cedures established under section 129a of title 10,
10 United States Code;
11 (2) the workload required to carry out the func-
12 tions and activities of the Department; and
13 (3) the funds made available to the Department
14 for such fiscal year.
15 (b) None of the funds appropriated by this Act may
16 be used to reduce the civilian workforce programmed full
17 time equivalent levels absent the appropriate analysis of the
18 impact of these reductions on workload, military force
19 structure, lethality, readiness, operational effectiveness,
20 stress on the military force, and fully burdened costs.
21 (c) A projection of the number of full-time equivalent
22 positions shall not be considered a constraint or limitation
23 for purposes of subsection (a) and reducing funding for
24 under-execution of such a projection shall not be considered
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1 managing based on a constraint or limitation for purposes
2 of such subsection.
3 (d) The fiscal year 2024 budget request for the Depart-
4 ment of Defense, and any justification material and other
5 documentation supporting such a request, shall be prepared
6 and submitted to Congress as if subsections (a) and (b) were
7 effective with respect to such fiscal year.
8 (e) Nothing in this section shall be construed to apply
9 to military (civilian) technicians.
10 SEC. 8013. None of the funds made available by this
11 Act shall be used in any way, directly or indirectly, to in-
12 fluence congressional action on any legislation or appro-
13 priation matters pending before the Congress.
14 SEC. 8014. None of the funds available in this Act to
15 the Department of Defense, other than appropriations made
16 for necessary or routine refurbishments, upgrades, or main-
17 tenance activities, shall be used to reduce or to prepare to
18 reduce the number of deployed and non-deployed strategic
19 delivery vehicles and launchers below the levels set forth in
20 the report submitted to Congress in accordance with section
21 1042 of the National Defense Authorization Act for Fiscal
22 Year 2012.
23 (TRANSFER OF FUNDS)
24 SEC. 8015. (a) Funds appropriated in title III of this
25 Act for the Department of Defense Pilot Mentor-Protégé
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1 Program may be transferred to any other appropriation
2 contained in this Act solely for the purpose of implementing
3 a Mentor-Protégé Program developmental assistance agree-
4 ment pursuant to section 831 of the National Defense Au-
5 thorization Act for Fiscal Year 1991 (Public Law 101–510;
6 10 U.S.C. 2302 note), as amended, under the authority of
7 this provision or any other transfer authority contained in
8 this Act.
9 (b) The Secretary of Defense shall include with the
10 budget justification documents in support of the budget for
11 fiscal year 2024 (as submitted to Congress pursuant to sec-
12 tion 1105 of title 31, United States Code) a description of
13 each transfer under this section that occurred during the
14 last fiscal year before the fiscal year in which such budget
15 is submitted.
16 SEC. 8016. None of the funds in this Act may be avail-
17 able for the purchase by the Department of Defense (and
18 its departments and agencies) of welded shipboard anchor
19 and mooring chain unless the anchor and mooring chain
20 are manufactured in the United States from components
21 which are substantially manufactured in the United States:
22 Provided, That for the purpose of this section, the term
23 ‘‘manufactured’’ shall include cutting, heat treating, qual-
24 ity control, testing of chain and welding (including the
25 forging and shot blasting process): Provided further, That
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1 for the purpose of this section substantially all of the compo-
2 nents of anchor and mooring chain shall be considered to
3 be produced or manufactured in the United States if the
4 aggregate cost of the components produced or manufactured
5 in the United States exceeds the aggregate cost of the compo-
6 nents produced or manufactured outside the United States:
7 Provided further, That when adequate domestic supplies are
8 not available to meet Department of Defense requirements
9 on a timely basis, the Secretary of the Service responsible
10 for the procurement may waive this restriction on a case-
11 by-case basis by certifying in writing to the Committees on
12 Appropriations of the House of Representatives and the
13 Senate that such an acquisition must be made in order to
14 acquire capability for national security purposes.
15 SEC. 8017. None of the funds appropriated by this Act
16 shall be used for the support of any nonappropriated funds
17 activity of the Department of Defense that procures malt
18 beverages and wine with nonappropriated funds for resale
19 (including such alcoholic beverages sold by the drink) on
20 a military installation located in the United States unless
21 such malt beverages and wine are procured within that
22 State, or in the case of the District of Columbia, within
23 the District of Columbia, in which the military installation
24 is located: Provided, That, in a case in which the military
25 installation is located in more than one State, purchases
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1 may be made in any State in which the installation is lo-
2 cated: Provided further, That such local procurement re-
3 quirements for malt beverages and wine shall apply to all
4 alcoholic beverages only for military installations in States
5 which are not contiguous with another State: Provided fur-
6 ther, That alcoholic beverages other than wine and malt bev-
7 erages, in contiguous States and the District of Columbia
8 shall be procured from the most competitive source, price
9 and other factors considered.
10 SEC. 8018. None of the funds available to the Depart-
11 ment of Defense may be used to demilitarize or dispose of
12 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
13 rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
14 tarize or destroy small arms ammunition or ammunition
15 components that are not otherwise prohibited from commer-
16 cial sale under Federal law, unless the small arms ammuni-
17 tion or ammunition components are certified by the Sec-
18 retary of the Army or designee as unserviceable or unsafe
19 for further use.
20 SEC. 8019. No more than $500,000 of the funds appro-
21 priated or made available in this Act shall be used during
22 a single fiscal year for any single relocation of an organiza-
23 tion, unit, activity or function of the Department of Defense
24 into or within the National Capital Region: Provided, That
25 the Secretary of Defense may waive this restriction on a
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1 case-by-case basis by certifying in writing to the congres-
2 sional defense committees that such a relocation is required
3 in the best interest of the Government.
4 SEC. 8020. In addition to the funds provided elsewhere
5 in this Act, $25,000,000 is appropriated only for incentive
6 payments authorized by section 504 of the Indian Financ-
7 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
8 contractor or a subcontractor at any tier that makes a sub-
9 contract award to any subcontractor or supplier as defined
10 in section 1544 of title 25, United States Code, or a small
11 business owned and controlled by an individual or individ-
12 uals defined under section 4221(9) of title 25, United States
13 Code, shall be considered a contractor for the purposes of
14 being allowed additional compensation under section 504
15 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
16 whenever the prime contract or subcontract amount is over
17 $500,000 and involves the expenditure of funds appro-
18 priated by an Act making appropriations for the Depart-
19 ment of Defense with respect to any fiscal year: Provided
20 further, That notwithstanding section 1906 of title 41,
21 United States Code, this section shall be applicable to any
22 Department of Defense acquisition of supplies or services,
23 including any contract and any subcontract at any tier for
24 acquisition of commercial items produced or manufactured,
25 in whole or in part, by any subcontractor or supplier de-
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1 fined in section 1544 of title 25, United States Code, or
2 a small business owned and controlled by an individual or
3 individuals defined under section 4221(9) of title 25,
4 United States Code.
5 SEC. 8021. (a) Notwithstanding any other provision
6 of law, the Secretary of the Air Force may convey at no
7 cost to the Air Force, without consideration, to Indian
8 tribes located in the States of Nevada, Idaho, North Dakota,
9 South Dakota, Montana, Oregon, Minnesota, and Wash-
10 ington relocatable military housing units located at Grand
11 Forks Air Force Base, Malmstrom Air Force Base, Moun-
12 tain Home Air Force Base, Ellsworth Air Force Base, and
13 Minot Air Force Base that are excess to the needs of the
14 Air Force.
15 (b) The Secretary of the Air Force shall convey, at no
16 cost to the Air Force, military housing units under sub-
17 section (a) in accordance with the request for such units
18 that are submitted to the Secretary by the Operation Walk-
19 ing Shield Program on behalf of Indian tribes located in
20 the States of Nevada, Idaho, North Dakota, South Dakota,
21 Montana, Oregon, Minnesota, and Washington. Any such
22 conveyance shall be subject to the condition that the housing
23 units shall be removed within a reasonable period of time,
24 as determined by the Secretary.
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1 (c) The Operation Walking Shield Program shall re-
2 solve any conflicts among requests of Indian tribes for hous-
3 ing units under subsection (a) before submitting requests
4 to the Secretary of the Air Force under subsection (b).
5 (d) In this section, the term ‘‘Indian tribe’’ means any
6 recognized Indian tribe included on the current list pub-
7 lished by the Secretary of the Interior under section 104
8 of the Federally Recognized Indian Tribe Act of 1994 (Pub-
9 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
10 SEC. 8022. Of the funds appropriated to the Depart-
11 ment of Defense under the heading ‘‘Operation and Mainte-
12 nance, Defense-Wide’’, not less than $20,000,000 shall be
13 made available only for the mitigation of environmental
14 impacts, including training and technical assistance to
15 tribes, related administrative support, the gathering of in-
16 formation, documenting of environmental damage, and de-
17 veloping a system for prioritization of mitigation and cost
18 to complete estimates for mitigation, on Indian lands re-
19 sulting from Department of Defense activities.
20 SEC. 8023. Funds appropriated by this Act for the De-
21 fense Media Activity shall not be used for any national or
22 international political or psychological activities.
23 SEC. 8024. Of the amounts appropriated for ‘‘Working
24 Capital Fund, Army’’, $115,000,000 shall be available to
25 maintain competitive rates at the arsenals.
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1 SEC. 8025. (a) Of the funds made available in this
2 Act, not less than $64,800,000 shall be available for the
3 Civil Air Patrol Corporation, of which—
4 (1) $51,300,000 shall be available from ‘‘Oper-
5 ation and Maintenance, Air Force’’ to support Civil
6 Air Patrol Corporation operation and maintenance,
7 readiness, counter-drug activities, and drug demand
8 reduction activities involving youth programs;
9 (2) $11,600,000 shall be available from ‘‘Aircraft
10 Procurement, Air Force’’; and
11 (3) $1,900,000 shall be available from ‘‘Other
12 Procurement, Air Force’’ for vehicle procurement.
13 (b) The Secretary of the Air Force should waive reim-
14 bursement for any funds used by the Civil Air Patrol for
15 counter-drug activities in support of Federal, State, and
16 local government agencies.
17 SEC. 8026. (a) None of the funds appropriated in this
18 Act are available to establish a new Department of Defense
19 (department) federally funded research and development
20 center (FFRDC), either as a new entity, or as a separate
21 entity administrated by an organization managing another
22 FFRDC, or as a nonprofit membership corporation con-
23 sisting of a consortium of other FFRDCs and other non-
24 profit entities.
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1 (b) No member of a Board of Directors, Trustees, Over-
2 seers, Advisory Group, Special Issues Panel, Visiting Com-
3 mittee, or any similar entity of a defense FFRDC, and no
4 paid consultant to any defense FFRDC, except when acting
5 in a technical advisory capacity, may be compensated for
6 his or her services as a member of such entity, or as a paid
7 consultant by more than one FFRDC in a fiscal year: Pro-
8 vided, That a member of any such entity referred to pre-
9 viously in this subsection shall be allowed travel expenses
10 and per diem as authorized under the Federal Joint Travel
11 Regulations, when engaged in the performance of member-
12 ship duties.
13 (c) Notwithstanding any other provision of law, none
14 of the funds available to the department from any source
15 during the current fiscal year may be used by a defense
16 FFRDC, through a fee or other payment mechanism, for
17 construction of new buildings not located on a military in-
18 stallation, for payment of cost sharing for projects funded
19 by Government grants, for absorption of contract overruns,
20 or for certain charitable contributions, not to include em-
21 ployee participation in community service and/or develop-
22 ment.
23 (d) Notwithstanding any other provision of law, of the
24 funds available to the department during fiscal year 2023,
25 not more than $2,788,107,000 may be funded for profes-
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1 sional technical staff-related costs of the defense FFRDCs:
2 Provided, That within such funds, not more than
3 $446,097,000 shall be available for the defense studies and
4 analysis FFRDCs: Provided further, That this subsection
5 shall not apply to staff years funded in the National Intel-
6 ligence Program and the Military Intelligence Program:
7 Provided further, That the Secretary of Defense shall, with
8 the submission of the department’s fiscal year 2024 budget
9 request, submit a report presenting the specific amounts of
10 staff years of technical effort to be allocated for each defense
11 FFRDC by program during that fiscal year and the associ-
12 ated budget estimates, by appropriation account and pro-
13 gram.
14 (e) Notwithstanding any other provision of this Act,
15 the total amount appropriated in this Act for FFRDCs is
16 hereby reduced by $129,893,000: Provided, That this sub-
17 section shall not apply to appropriations for the National
18 Intelligence Program and Military Intelligence Program.
19 SEC. 8027. For the purposes of this Act, the term ‘‘con-
20 gressional defense committees’’ means the Armed Services
21 Committee of the House of Representatives, the Armed Serv-
22 ices Committee of the Senate, the Subcommittee on Defense
23 of the Committee on Appropriations of the Senate, and the
24 Subcommittee on Defense of the Committee on Appropria-
25 tions of the House of Representatives.
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1 SEC. 8028. For the purposes of this Act, the term ‘‘con-
2 gressional intelligence committees’’ means the Permanent
3 Select Committee on Intelligence of the House of Represent-
4 atives, the Select Committee on Intelligence of the Senate,
5 the Subcommittee on Defense of the Committee on Appro-
6 priations of the House of Representatives, and the Sub-
7 committee on Defense of the Committee on Appropriations
8 of the Senate.
9 SEC. 8029. During the current fiscal year, the Depart-
10 ment of Defense may acquire the modification, depot main-
11 tenance and repair of aircraft, vehicles and vessels as well
12 as the production of components and other Defense-related
13 articles, through competition between Department of De-
14 fense depot maintenance activities and private firms: Pro-
15 vided, That the Senior Acquisition Executive of the military
16 department or Defense Agency concerned, with power of del-
17 egation, shall certify that successful bids include comparable
18 estimates of all direct and indirect costs for both public and
19 private bids: Provided further, That Office of Management
20 and Budget Circular A–76 shall not apply to competitions
21 conducted under this section.
22 SEC. 8030. (a) None of the funds appropriated in this
23 Act may be expended by an entity of the Department of
24 Defense unless the entity, in expending the funds, complies
25 with the Buy American Act. For purposes of this subsection,
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1 the term ‘‘Buy American Act’’ means chapter 83 of title
2 41, United States Code.
3 (b) If the Secretary of Defense determines that a person
4 has been convicted of intentionally affixing a label bearing
5 a ‘‘Made in America’’ inscription to any product sold in
6 or shipped to the United States that is not made in Amer-
7 ica, the Secretary shall determine, in accordance with sec-
8 tion 4658 of title 10, United States Code, whether the person
9 should be debarred from contracting with the Department
10 of Defense.
11 (c) In the case of any equipment or products purchased
12 with appropriations provided under this Act, it is the sense
13 of the Congress that any entity of the Department of De-
14 fense, in expending the appropriation, purchase only Amer-
15 ican-made equipment and products, provided that Amer-
16 ican-made equipment and products are cost-competitive,
17 quality competitive, and available in a timely fashion.
18 SEC. 8031. None of the funds appropriated or made
19 available in this Act shall be used to procure carbon, alloy,
20 or armor steel plate for use in any Government-owned facil-
21 ity or property under the control of the Department of De-
22 fense which were not melted and rolled in the United States
23 or Canada: Provided, That these procurement restrictions
24 shall apply to any and all Federal Supply Class 9515,
25 American Society of Testing and Materials (ASTM) or
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1 American Iron and Steel Institute (AISI) specifications of
2 carbon, alloy or armor steel plate: Provided further, That
3 the Secretary of the military department responsible for the
4 procurement may waive this restriction on a case-by-case
5 basis by certifying in writing to the Committees on Appro-
6 priations of the House of Representatives and the Senate
7 that adequate domestic supplies are not available to meet
8 Department of Defense requirements on a timely basis and
9 that such an acquisition must be made in order to acquire
10 capability for national security purposes: Provided further,
11 That these restrictions shall not apply to contracts which
12 are in being as of the date of the enactment of this Act.
13 SEC. 8032. (a)(1) If the Secretary of Defense, after con-
14 sultation with the United States Trade Representative, de-
15 termines that a foreign country which is party to an agree-
16 ment described in paragraph (2) has violated the terms of
17 the agreement by discriminating against certain types of
18 products produced in the United States that are covered by
19 the agreement, the Secretary of Defense shall rescind the
20 Secretary’s blanket waiver of the Buy American Act with
21 respect to such types of products produced in that foreign
22 country.
23 (2) An agreement referred to in paragraph (1) is any
24 reciprocal defense procurement memorandum of under-
25 standing, between the United States and a foreign country
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1 pursuant to which the Secretary of Defense has prospec-
2 tively waived the Buy American Act for certain products
3 in that country.
4 (b) The Secretary of Defense shall submit to the Con-
5 gress a report on the amount of Department of Defense pur-
6 chases from foreign entities in fiscal year 2023. Such report
7 shall separately indicate the dollar value of items for which
8 the Buy American Act was waived pursuant to any agree-
9 ment described in subsection (a)(2), the Trade Agreements
10 Act of 1979 (19 U.S.C. 2501 et seq.), or any international
11 agreement to which the United States is a party.
12 (c) For purposes of this section, the term ‘‘Buy Amer-
13 ican Act’’ means chapter 83 of title 41, United States Code.
14 SEC. 8033. None of the funds appropriated by this Act
15 may be used for the procurement of ball and roller bearings
16 other than those produced by a domestic source and of do-
17 mestic origin: Provided, That the Secretary of the military
18 department responsible for such procurement may waive
19 this restriction on a case-by-case basis by certifying in writ-
20 ing to the Committees on Appropriations of the House of
21 Representatives and the Senate, that adequate domestic
22 supplies are not available to meet Department of Defense
23 requirements on a timely basis and that such an acquisition
24 must be made in order to acquire capability for national
25 security purposes: Provided further, That this restriction
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1 shall not apply to the purchase of ‘‘commercial products’’,
2 as defined by section 103 of title 41, United States Code,
3 except that the restriction shall apply to ball or roller bear-
4 ings purchased as end items.
5 SEC. 8034. In addition to any other funds made avail-
6 able for such purposes, there is appropriated $93,500,000,
7 for an additional amount for the ‘‘National Defense Stock-
8 pile Transaction Fund’’, to remain available until Sep-
9 tember 30, 2025, for activities pursuant to the Strategic and
10 Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.):
11 Provided, That none of the funds provided under this sec-
12 tion may be obligated or expended until 90 days after the
13 Secretary of Defense provides the Committees on Appro-
14 priations of the House of Representatives and the Senate
15 a detailed execution plan for such funds.
16 SEC. 8035. None of the funds in this Act may be used
17 to purchase any supercomputer which is not manufactured
18 in the United States, unless the Secretary of Defense cer-
19 tifies to the congressional defense committees that such an
20 acquisition must be made in order to acquire capability for
21 national security purposes that is not available from
22 United States manufacturers.
23 SEC. 8036. (a) The Secretary of Defense may, on a
24 case-by-case basis, waive with respect to a foreign country
25 each limitation on the procurement of defense items from
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1 foreign sources provided in law if the Secretary determines
2 that the application of the limitation with respect to that
3 country would invalidate cooperative programs entered into
4 between the Department of Defense and the foreign country,
5 or would invalidate reciprocal trade agreements for the pro-
6 curement of defense items entered into under section 4851
7 of title 10, United States Code, and the country does not
8 discriminate against the same or similar defense items pro-
9 duced in the United States for that country.
10 (b) Subsection (a) applies with respect to—
11 (1) contracts and subcontracts entered into on or
12 after the date of the enactment of this Act; and
13 (2) options for the procurement of items that are
14 exercised after such date under contracts that are en-
15 tered into before such date if the option prices are ad-
16 justed for any reason other than the application of a
17 waiver granted under subsection (a).
18 (c) Subsection (a) does not apply to a limitation re-
19 garding construction of public vessels, ball and roller bear-
20 ings, food, and clothing or textile materials as defined by
21 section XI (chapters 50–65) of the Harmonized Tariff
22 Schedule of the United States and products classified under
23 headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
24 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502
25 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
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1 SEC. 8037. None of the funds made available in this
2 Act, or any subsequent Act making appropriations for the
3 Department of Defense, may be used for the purchase or
4 manufacture of a flag of the United States unless such flags
5 are treated as covered items under section 4862(b) of title
6 10, United States Code.
7 SEC. 8038. During the current fiscal year, amounts
8 contained in the Department of Defense Overseas Military
9 Facility Investment Recovery Account shall be available
10 until expended for the payments specified by section
11 2687a(b)(2) of title 10, United States Code.
12 SEC. 8039. During the current fiscal year, appropria-
13 tions which are available to the Department of Defense for
14 operation and maintenance may be used to purchase items
15 having an investment item unit cost of not more than
16 $350,000: Provided, That upon determination by the Sec-
17 retary of Defense that such action is necessary to meet the
18 operational requirements of a Commander of a Combatant
19 Command engaged in a named contingency operation over-
20 seas, such funds may be used to purchase items having an
21 investment item unit cost of not more than $500,000.
22 SEC. 8040. Up to $13,720,000 of the funds appro-
23 priated under the heading ‘‘Operation and Maintenance,
24 Navy’’ may be made available for the Asia Pacific Regional
25 Initiative Program for the purpose of enabling the United
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1 States Indo-Pacific Command to execute Theater Security
2 Cooperation activities such as humanitarian assistance,
3 and payment of incremental and personnel costs of training
4 and exercising with foreign security forces: Provided, That
5 funds made available for this purpose may be used, notwith-
6 standing any other funding authorities for humanitarian
7 assistance, security assistance or combined exercise ex-
8 penses: Provided further, That funds may not be obligated
9 to provide assistance to any foreign country that is other-
10 wise prohibited from receiving such type of assistance under
11 any other provision of law.
12 SEC. 8041. The Secretary of Defense shall issue regula-
13 tions to prohibit the sale of any tobacco or tobacco-related
14 products in military resale outlets in the United States, its
15 territories and possessions at a price below the most com-
16 petitive price in the local community: Provided, That such
17 regulations shall direct that the prices of tobacco or tobacco-
18 related products in overseas military retail outlets shall be
19 within the range of prices established for military retail
20 system stores located in the United States.
21 SEC. 8042. (a) During the current fiscal year, none
22 of the appropriations or funds available to the Department
23 of Defense Working Capital Funds shall be used for the pur-
24 chase of an investment item for the purpose of acquiring
25 a new inventory item for sale or anticipated sale during
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1 the current fiscal year or a subsequent fiscal year to cus-
2 tomers of the Department of Defense Working Capital
3 Funds if such an item would not have been chargeable to
4 the Department of Defense Business Operations Fund dur-
5 ing fiscal year 1994 and if the purchase of such an invest-
6 ment item would be chargeable during the current fiscal
7 year to appropriations made to the Department of Defense
8 for procurement.
9 (b) The fiscal year 2024 budget request for the Depart-
10 ment of Defense as well as all justification material and
11 other documentation supporting the fiscal year 2024 De-
12 partment of Defense budget shall be prepared and submitted
13 to the Congress on the basis that any equipment which was
14 classified as an end item and funded in a procurement ap-
15 propriation contained in this Act shall be budgeted for in
16 a proposed fiscal year 2024 procurement appropriation and
17 not in the supply management business area or any other
18 area or category of the Department of Defense Working
19 Capital Funds.
20 SEC. 8043. None of the funds appropriated by this Act
21 for programs of the Central Intelligence Agency shall re-
22 main available for obligation beyond the current fiscal year,
23 except for funds appropriated for the Reserve for Contin-
24 gencies, which shall remain available until September 30,
25 2024: Provided, That funds appropriated, transferred, or
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1 otherwise credited to the Central Intelligence Agency Cen-
2 tral Services Working Capital Fund during this or any
3 prior or subsequent fiscal year shall remain available until
4 expended: Provided further, That any funds appropriated
5 or transferred to the Central Intelligence Agency for ad-
6 vanced research and development acquisition, for agent op-
7 erations, and for covert action programs authorized by the
8 President under section 503 of the National Security Act
9 of 1947 (50 U.S.C. 3093) shall remain available until Sep-
10 tember 30, 2024: Provided further, That any funds appro-
11 priated or transferred to the Central Intelligence Agency for
12 the construction, improvement, or alteration of facilities,
13 including leased facilities, to be used primarily by per-
14 sonnel of the intelligence community, shall remain available
15 until September 30, 2025.
16 (INCLUDING TRANSFER OF FUNDS)
17 SEC. 8044. Of the funds appropriated in this Act
18 under the heading ‘‘Operation and Maintenance, Defense-
19 Wide’’, $47,000,000 shall be for continued implementation
20 and expansion of the Sexual Assault Special Victims’ Coun-
21 sel Program: Provided, That the funds are made available
22 for transfer to the Department of the Army, the Department
23 of the Navy, and the Department of the Air Force: Provided
24 further, That funds transferred shall be merged with and
25 available for the same purposes and for the same time pe-
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1 riod as the appropriations to which the funds are trans-
2 ferred: Provided further, That this transfer authority is in
3 addition to any other transfer authority provided in this
4 Act.
5 SEC. 8045. (a) Except as provided in subsections (b)
6 and (c), none of the funds made available by this Act may
7 be used—
8 (1) to establish a field operating agency; or
9 (2) to pay the basic pay of a member of the
10 Armed Forces or civilian employee of the department
11 who is transferred or reassigned from a headquarters
12 activity if the member or employee’s place of duty re-
13 mains at the location of that headquarters.
14 (b) The Secretary of Defense or Secretary of a military
15 department may waive the limitations in subsection (a),
16 on a case-by-case basis, if the Secretary determines, and cer-
17 tifies to the Committees on Appropriations of the House of
18 Representatives and the Senate that the granting of the
19 waiver will reduce the personnel requirements or the finan-
20 cial requirements of the department.
21 (c) This section does not apply to—
22 (1) field operating agencies funded within the
23 National Intelligence Program;
24 (2) an Army field operating agency established
25 to eliminate, mitigate, or counter the effects of impro-
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1 vised explosive devices, and, as determined by the Sec-
2 retary of the Army, other similar threats;
3 (3) an Army field operating agency established
4 to improve the effectiveness and efficiencies of biomet-
5 ric activities and to integrate common biometric tech-
6 nologies throughout the Department of Defense; or
7 (4) an Air Force field operating agency estab-
8 lished to administer the Air Force Mortuary Affairs
9 Program and Mortuary Operations for the Depart-
10 ment of Defense and authorized Federal entities.
11 SEC. 8046. (a) None of the funds appropriated by this
12 Act shall be available to convert to contractor performance
13 an activity or function of the Department of Defense that,
14 on or after the date of the enactment of this Act, is per-
15 formed by Department of Defense civilian employees un-
16 less—
17 (1) the conversion is based on the result of a pub-
18 lic-private competition that includes a most efficient
19 and cost effective organization plan developed by such
20 activity or function;
21 (2) the Competitive Sourcing Official determines
22 that, over all performance periods stated in the solici-
23 tation of offers for performance of the activity or
24 function, the cost of performance of the activity or
25 function by a contractor would be less costly to the
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1 Department of Defense by an amount that equals or
2 exceeds the lesser of—
3 (A) 10 percent of the most efficient organi-
4 zation’s personnel-related costs for performance
5 of that activity or function by Federal employ-
6 ees; or
7 (B) $10,000,000; and
8 (3) the contractor does not receive an advantage
9 for a proposal that would reduce costs for the Depart-
10 ment of Defense by—
11 (A) not making an employer-sponsored
12 health insurance plan available to the workers
13 who are to be employed in the performance of
14 that activity or function under the contract; or
15 (B) offering to such workers an employer-
16 sponsored health benefits plan that requires the
17 employer to contribute less towards the premium
18 or subscription share than the amount that is
19 paid by the Department of Defense for health
20 benefits for civilian employees under chapter 89
21 of title 5, United States Code.
22 (b)(1) The Department of Defense, without regard to
23 subsection (a) of this section or subsection (a), (b), or (c)
24 of section 2461 of title 10, United States Code, and notwith-
25 standing any administrative regulation, requirement, or
† HR 2617 EAS2
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1 policy to the contrary shall have full authority to enter into
2 a contract for the performance of any commercial or indus-
3 trial type function of the Department of Defense that—
4 (A) is included on the procurement list estab-
5 lished pursuant to section 2 of the Javits-Wagner-
6 O’Day Act (section 8503 of title 41, United States
7 Code);
8 (B) is planned to be converted to performance by
9 a qualified nonprofit agency for the blind or by a
10 qualified nonprofit agency for other severely handi-
11 capped individuals in accordance with that Act; or
12 (C) is planned to be converted to performance by
13 a qualified firm under at least 51 percent ownership
14 by an Indian tribe, as defined in section 4(e) of the
15 Indian Self-Determination and Education Assistance
16 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
17 nization, as defined in section 8(a)(15) of the Small
18 Business Act (15 U.S.C. 637(a)(15)).
19 (2) This section shall not apply to depot contracts or
20 contracts for depot maintenance as provided in sections
21 2469 and 2474 of title 10, United States Code.
22 (c) The conversion of any activity or function of the
23 Department of Defense under the authority provided by this
24 section shall be credited toward any competitive or out-
25 sourcing goal, target, or measurement that may be estab-
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1 lished by statute, regulation, or policy and is deemed to
2 be awarded under the authority of, and in compliance with,
3 subsection (h) of section 2304 of title 10, United States
4 Code, for the competition or outsourcing of commercial ac-
5 tivities.
6 (RESCISSIONS)
7 SEC. 8047. Of the funds appropriated in Department
8 of Defense Appropriations Acts, the following funds are
9 hereby rescinded from the following accounts and programs
10 in the specified amounts: Provided, That no amounts may
11 be rescinded from amounts that were designated by the Con-
12 gress as an emergency requirement pursuant to a concur-
13 rent resolution on the budget or the Balanced Budget and
14 Emergency Deficit Control Act of 1985:
15 ‘‘Aircraft Procurement, Army’’, 2021/2023,
16 $7,300,000;
17 ‘‘Other Procurement, Army’’, 2021/2023,
18 $3,177,000;
19 ‘‘Aircraft Procurement, Air Force’’, 2021/2023,
20 $115,804,000;
21 ‘‘Operation and Maintenance, Defense-Wide’’,
22 2022/2023, $105,000,000;
23 ‘‘Counter-ISIS Train and Equip Fund’’, 2022/
24 2023, $65,000,000;
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1 ‘‘Aircraft Procurement, Army’’, 2022/2024,
2 $9,437,000;
3 ‘‘Other Procurement, Army’’, 2022/2024,
4 $71,544,000;
5 ‘‘Shipbuilding and Conversion, Navy: CVN Re-
6 fueling Overhauls’’, 2022/2026, $191,000,000;
7 ‘‘Shipbuilding and Conversion, Navy: Service
8 Craft’’, 2022/2026, $6,092,000;
9 ‘‘Aircraft Procurement, Air Force’’, 2022/2024,
10 $205,568,000;
11 ‘‘Other Procurement, Air Force’’, 2022/2024,
12 $9,100,000;
13 ‘‘Procurement, Space Force’’, 2022/2024,
14 $7,000,000;
15 ‘‘Research, Development, Test and Evaluation,
16 Army’’, 2022/2023, $26,700,000;
17 ‘‘Research, Development, Test and Evaluation,
18 Air Force’’, 2022/2023, $117,727,000;
19 ‘‘Research, Development, Test and Evaluation,
20 Space Force’’, 2022/2023, $113,400,000; and
21 ‘‘Defense Counterintelligence and Security Agen-
22 cy Working Capital Fund’’, XXXX/XXXX,
23 $30,000,000.
24 SEC. 8048. None of the funds available in this Act may
25 be used to reduce the authorized positions for military tech-
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1 nicians (dual status) of the Army National Guard, Air Na-
2 tional Guard, Army Reserve and Air Force Reserve for the
3 purpose of applying any administratively imposed civilian
4 personnel ceiling, freeze, or reduction on military techni-
5 cians (dual status), unless such reductions are a direct re-
6 sult of a reduction in military force structure.
7 SEC. 8049. None of the funds appropriated or other-
8 wise made available in this Act may be obligated or ex-
9 pended for assistance to the Democratic People’s Republic
10 of Korea unless specifically appropriated for that purpose:
11 Provided, That this restriction shall not apply to any ac-
12 tivities incidental to the Defense POW/MIA Accounting
13 Agency mission to recover and identify the remains of
14 United States Armed Forces personnel from the Democratic
15 People’s Republic of Korea.
16 SEC. 8050. Funds appropriated in this Act for oper-
17 ation and maintenance of the Military Departments, Com-
18 batant Commands and Defense Agencies shall be available
19 for reimbursement of pay, allowances and other expenses
20 which would otherwise be incurred against appropriations
21 for the National Guard and Reserve when members of the
22 National Guard and Reserve provide intelligence or coun-
23 terintelligence support to Combatant Commands, Defense
24 Agencies and Joint Intelligence Activities, including the ac-
25 tivities and programs included within the National Intel-
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1 ligence Program and the Military Intelligence Program:
2 Provided, That nothing in this section authorizes deviation
3 from established Reserve and National Guard personnel and
4 training procedures.
5 SEC. 8051. (a) None of the funds available to the De-
6 partment of Defense for any fiscal year for drug interdic-
7 tion or counter-drug activities may be transferred to any
8 other department or agency of the United States except as
9 specifically provided in an appropriations law.
10 (b) None of the funds available to the Central Intel-
11 ligence Agency for any fiscal year for drug interdiction or
12 counter-drug activities may be transferred to any other de-
13 partment or agency of the United States except as specifi-
14 cally provided in an appropriations law.
15 SEC. 8052. In addition to the amounts appropriated
16 or otherwise made available elsewhere in this Act,
17 $49,000,000 is hereby appropriated to the Department of
18 Defense: Provided, That upon the determination of the Sec-
19 retary of Defense that it shall serve the national interest,
20 the Secretary shall make grants in the amounts specified
21 as follows: $24,000,000 to the United Service Organizations
22 and $25,000,000 to the Red Cross.
23 SEC. 8053. Notwithstanding any other provision in
24 this Act, the Small Business Innovation Research program
25 and the Small Business Technology Transfer program set-
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1 asides shall be taken proportionally from all programs,
2 projects, or activities to the extent they contribute to the
3 extramural budget. The Secretary of each military depart-
4 ment, the Director of each Defense Agency, and the head
5 of each other relevant component of the Department of De-
6 fense shall submit to the congressional defense committees,
7 concurrent with submission of the budget justification docu-
8 ments to Congress pursuant to section 1105 of title 31,
9 United States Code, a report with a detailed accounting
10 of the Small Business Innovation Research program and
11 the Small Business Technology Transfer program set-asides
12 taken from programs, projects, or activities within such de-
13 partment, agency, or component during the most recently
14 completed fiscal year.
15 SEC. 8054. None of the funds available to the Depart-
16 ment of Defense under this Act shall be obligated or ex-
17 pended to pay a contractor under a contract with the De-
18 partment of Defense for costs of any amount paid by the
19 contractor to an employee when—
20 (1) such costs are for a bonus or otherwise in ex-
21 cess of the normal salary paid by the contractor to the
22 employee; and
23 (2) such bonus is part of restructuring costs asso-
24 ciated with a business combination.
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1 (INCLUDING TRANSFER OF FUNDS)
2 SEC. 8055. During the current fiscal year, no more
3 than $30,000,000 of appropriations made in this Act under
4 the heading ‘‘Operation and Maintenance, Defense-Wide’’
5 may be transferred to appropriations available for the pay
6 of military personnel, to be merged with, and to be available
7 for the same time period as the appropriations to which
8 transferred, to be used in support of such personnel in con-
9 nection with support and services for eligible organizations
10 and activities outside the Department of Defense pursuant
11 to section 2012 of title 10, United States Code.
12 SEC. 8056. During the current fiscal year, in the case
13 of an appropriation account of the Department of Defense
14 for which the period of availability for obligation has ex-
15 pired or which has closed under the provisions of section
16 1552 of title 31, United States Code, and which has a nega-
17 tive unliquidated or unexpended balance, an obligation or
18 an adjustment of an obligation may be charged to any cur-
19 rent appropriation account for the same purpose as the ex-
20 pired or closed account if—
21 (1) the obligation would have been properly
22 chargeable (except as to amount) to the expired or
23 closed account before the end of the period of avail-
24 ability or closing of that account;
† HR 2617 EAS2
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1 (2) the obligation is not otherwise properly
2 chargeable to any current appropriation account of
3 the Department of Defense; and
4 (3) in the case of an expired account, the obliga-
5 tion is not chargeable to a current appropriation of
6 the Department of Defense under the provisions of sec-
7 tion 1405(b)(8) of the National Defense Authorization
8 Act for Fiscal Year 1991, Public Law 101–510, as
9 amended (31 U.S.C. 1551 note): Provided, That in
10 the case of an expired account, if subsequent review
11 or investigation discloses that there was not in fact a
12 negative unliquidated or unexpended balance in the
13 account, any charge to a current account under the
14 authority of this section shall be reversed and re-
15 corded against the expired account: Provided further,
16 That the total amount charged to a current appro-
17 priation under this section may not exceed an
18 amount equal to 1 percent of the total appropriation
19 for that account:
20 Provided, That the Under Secretary of Defense (Comp-
21 troller) shall include with the budget of the President for
22 fiscal year 2024 (as submitted to Congress pursuant to sec-
23 tion 1105 of title 31, United States Code) a statement de-
24 scribing each instance if any, during each of the fiscal years
† HR 2617 EAS2
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1 2016 through 2023 in which the authority in this section
2 was exercised.
3 SEC. 8057. (a) Notwithstanding any other provision
4 of law, the Chief of the National Guard Bureau may permit
5 the use of equipment of the National Guard Distance Learn-
6 ing Project by any person or entity on a space-available,
7 reimbursable basis. The Chief of the National Guard Bu-
8 reau shall establish the amount of reimbursement for such
9 use on a case-by-case basis.
10 (b) Amounts collected under subsection (a) shall be
11 credited to funds available for the National Guard Distance
12 Learning Project and be available to defray the costs associ-
13 ated with the use of equipment of the project under that
14 subsection. Such funds shall be available for such purposes
15 without fiscal year limitation.
16 SEC. 8058. (a) None of the funds appropriated or oth-
17 erwise made available by this or prior Acts may be obli-
18 gated or expended to retire, prepare to retire, or place in
19 storage or on backup aircraft inventory status any C–40
20 aircraft.
21 (b) The limitation under subsection (a) shall not apply
22 to an individual C–40 aircraft that the Secretary of the
23 Air Force determines, on a case-by-case basis, to be no
24 longer mission capable due to a Class A mishap.
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1 (c) If the Secretary determines under subsection (b)
2 that an aircraft is no longer mission capable, the Secretary
3 shall submit to the congressional defense committees a cer-
4 tification in writing that the status of such aircraft is due
5 to a Class A mishap and not due to lack of maintenance,
6 repairs, or other reasons.
7 (d) Not later than 90 days after the date of the enact-
8 ment of this Act, the Secretary of Defense shall submit to
9 the congressional defense committees a report on the nec-
10 essary steps taken by the Department of Defense to meet
11 the travel requirements for official or representational du-
12 ties of members of Congress and the Cabinet in fiscal years
13 2023 and 2024.
14 SEC. 8059. (a) None of the funds appropriated in title
15 IV of this Act may be used to procure end-items for delivery
16 to military forces for operational training, operational use,
17 or inventory requirements: Provided, That this restriction
18 does not apply to end-items used in development, proto-
19 typing in accordance with an approved test strategy, and
20 test activities preceding and leading to acceptance for oper-
21 ational use.
22 (b) If the number of end-items budgeted with funds ap-
23 propriated in title IV of this Act exceeds the number re-
24 quired in an approved test strategy, the Under Secretary
25 of Defense (Research and Engineering) and the Under Sec-
† HR 2617 EAS2
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1 retary of Defense (Acquisition and Sustainment), in coordi-
2 nation with the responsible Service Acquisition Executive,
3 shall certify in writing to the congressional defense commit-
4 tees that there is a bonafide need for the additional end-
5 items at the time of submittal to Congress of the budget
6 of the President for fiscal year 2024 pursuant to section
7 1105 of title 31, United States Code: Provided, That this
8 restriction does not apply to programs funded within the
9 National Intelligence Program.
10 (c) The Secretary of Defense shall, at the time of the
11 submittal to Congress of the budget of the President for fis-
12 cal year 2024 pursuant to section 1105 of title 31, United
13 States Code, submit to the congressional defense committees
14 a report detailing the use of funds requested in research,
15 development, test and evaluation accounts for end-items
16 used in development, prototyping and test activities pre-
17 ceding and leading to acceptance for operational use: Pro-
18 vided, That the report shall set forth, for each end item cov-
19 ered by the preceding proviso, a detailed list of the statutory
20 authorities under which amounts in the accounts described
21 in that proviso were used for such item: Provided further,
22 That the Secretary of Defense shall, at the time of the sub-
23 mittal to Congress of the budget of the President for fiscal
24 year 2024 pursuant to section 1105 of title 31, United
25 States Code, submit to the congressional defense committees
† HR 2617 EAS2
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1 a certification that funds requested for fiscal year 2024 in
2 research, development, test and evaluation accounts are in
3 compliance with this section: Provided further, That the
4 Secretary of Defense may waive this restriction on a case-
5 by-case basis by certifying in writing to the Committees on
6 Appropriations of the House of Representatives and the
7 Senate that it is in the national security interest to do so.
8 SEC. 8060. None of the funds appropriated or other-
9 wise made available by this or other Department of Defense
10 Appropriations Acts may be obligated or expended for the
11 purpose of performing repairs or maintenance to military
12 family housing units of the Department of Defense, includ-
13 ing areas in such military family housing units that may
14 be used for the purpose of conducting official Department
15 of Defense business.
16 SEC. 8061. Notwithstanding any other provision of
17 law, funds appropriated in this Act under the heading ‘‘Re-
18 search, Development, Test and Evaluation, Defense-Wide’’
19 for any new start defense innovation acceleration or rapid
20 prototyping program demonstration project with a value of
21 more than $5,000,000 may only be obligated 15 days after
22 a report, including a description of the project, the planned
23 acquisition and transition strategy and its estimated an-
24 nual and total cost, has been provided in writing to the
25 congressional defense committees: Provided, That the Sec-
† HR 2617 EAS2
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1 retary of Defense may waive this restriction on a case-by-
2 case basis by certifying to the congressional defense commit-
3 tees that it is in the national interest to do so.
4 SEC. 8062. The Secretary of Defense shall continue to
5 provide a classified quarterly report to the Committees on
6 Appropriations of the House of Representatives and the
7 Senate, Subcommittees on Defense on certain matters as di-
8 rected in the classified annex accompanying this Act.
9 SEC. 8063. Notwithstanding section 12310(b) of title
10 10, United States Code, a Reserve who is a member of the
11 National Guard serving on full-time National Guard duty
12 under section 502(f) of title 32, United States Code, may
13 perform duties in support of the ground-based elements of
14 the National Ballistic Missile Defense System.
15 SEC. 8064. None of the funds provided in this Act may
16 be used to transfer to any nongovernmental entity ammuni-
17 tion held by the Department of Defense that has a center-
18 fire cartridge and a United States military nomenclature
19 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
20 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
21 cendiary tracer (API–T)’’, except to an entity performing
22 demilitarization services for the Department of Defense
23 under a contract that requires the entity to demonstrate to
24 the satisfaction of the Department of Defense that armor
25 piercing projectiles are either: (1) rendered incapable of
† HR 2617 EAS2
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1 reuse by the demilitarization process; or (2) used to manu-
2 facture ammunition pursuant to a contract with the De-
3 partment of Defense or the manufacture of ammunition for
4 export pursuant to a License for Permanent Export of Un-
5 classified Military Articles issued by the Department of
6 State.
7 SEC. 8065. Notwithstanding any other provision of
8 law, the Chief of the National Guard Bureau, or their des-
9 ignee, may waive payment of all or part of the consider-
10 ation that otherwise would be required under section 2667
11 of title 10, United States Code, in the case of a lease of
12 personal property for a period not in excess of 1 year to
13 any organization specified in section 508(d) of title 32,
14 United States Code, or any other youth, social, or fraternal
15 nonprofit organization as may be approved by the Chief
16 of the National Guard Bureau, or their designee, on a case-
17 by-case basis.
18 (INCLUDING TRANSFER OF FUNDS)
19 SEC. 8066. Of the amounts appropriated in this Act
20 under the heading ‘‘Operation and Maintenance, Army’’,
21 $158,967,374 shall remain available until expended: Pro-
22 vided, That, notwithstanding any other provision of law,
23 the Secretary of Defense is authorized to transfer such funds
24 to other activities of the Federal Government: Provided fur-
25 ther, That the Secretary of Defense is authorized to enter
† HR 2617 EAS2
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1 into and carry out contracts for the acquisition of real
2 property, construction, personal services, and operations re-
3 lated to projects carrying out the purposes of this section:
4 Provided further, That contracts entered into under the au-
5 thority of this section may provide for such indemnification
6 as the Secretary determines to be necessary: Provided fur-
7 ther, That projects authorized by this section shall comply
8 with applicable Federal, State, and local law to the max-
9 imum extent consistent with the national security, as deter-
10 mined by the Secretary of Defense.
11 SEC. 8067. (a) None of the funds appropriated in this
12 or any other Act may be used to take any action to mod-
13 ify—
14 (1) the appropriations account structure for the
15 National Intelligence Program budget, including
16 through the creation of a new appropriation or new
17 appropriation account;
18 (2) how the National Intelligence Program budg-
19 et request is presented in the unclassified P–1, R–1,
20 and O–1 documents supporting the Department of
21 Defense budget request;
22 (3) the process by which the National Intelligence
23 Program appropriations are apportioned to the exe-
24 cuting agencies; or
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1 (4) the process by which the National Intelligence
2 Program appropriations are allotted, obligated and
3 disbursed.
4 (b) Nothing in subsection (a) shall be construed to pro-
5 hibit the merger of programs or changes to the National
6 Intelligence Program budget at or below the Expenditure
7 Center level, provided such change is otherwise in accord-
8 ance with paragraphs (1)–(3) of subsection (a).
9 (c) The Director of National Intelligence and the Sec-
10 retary of Defense may jointly, only for the purposes of
11 achieving auditable financial statements and improving fis-
12 cal reporting, study and develop detailed proposals for al-
13 ternative financial management processes. Such study shall
14 include a comprehensive counterintelligence risk assessment
15 to ensure that none of the alternative processes will ad-
16 versely affect counterintelligence.
17 (d) Upon development of the detailed proposals defined
18 under subsection (c), the Director of National Intelligence
19 and the Secretary of Defense shall—
20 (1) provide the proposed alternatives to all af-
21 fected agencies;
22 (2) receive certification from all affected agencies
23 attesting that the proposed alternatives will help
24 achieve auditability, improve fiscal reporting, and
25 will not adversely affect counterintelligence; and
† HR 2617 EAS2
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1 (3) not later than 30 days after receiving all nec-
2 essary certifications under paragraph (2), present the
3 proposed alternatives and certifications to the con-
4 gressional defense and intelligence committees.
5 (INCLUDING TRANSFER OF FUNDS)
6 SEC. 8068. In addition to amounts made available
7 elsewhere in this Act, $200,000,000 is hereby appropriated
8 to the Department of Defense and made available for trans-
9 fer to operation and maintenance accounts, procurement
10 accounts, and research, development, test and evaluation ac-
11 counts only for those efforts by the United States Africa
12 Command or United States Southern Command to expand
13 cooperation or improve the capabilities of our allies and
14 partners in their areas of operation: Provided, That none
15 of the funds provided under this section may be obligated
16 or expended until 60 days after the Secretary of Defense
17 provides to the congressional defense committees an execu-
18 tion plan: Provided further, That not less than 30 days
19 prior to any transfer of funds, the Secretary of Defense shall
20 notify the congressional defense committees of the details of
21 any such transfer: Provided further, That upon transfer, the
22 funds shall be merged with and available for the same pur-
23 poses, and for the same time period, as the appropriation
24 to which transferred: Provided further, That the transfer
† HR 2617 EAS2
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1 authority provided under this section is in addition to any
2 other transfer authority provided elsewhere in this Act.
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 8069. During the current fiscal year, not to ex-
5 ceed $11,000,000 from each of the appropriations made in
6 title II of this Act for ‘‘Operation and Maintenance, Army’’,
7 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and
8 Maintenance, Air Force’’ may be transferred by the mili-
9 tary department concerned to its central fund established
10 for Fisher Houses and Suites pursuant to section 2493(d)
11 of title 10, United States Code.
12 (INCLUDING TRANSFER OF FUNDS)
13 SEC. 8070. Of the amounts appropriated for ‘‘Oper-
14 ation and Maintenance, Navy’’, up to $1,000,000 shall be
15 available for transfer to the John C. Stennis Center for Pub-
16 lic Service Development Trust Fund established under sec-
17 tion 116 of the John C. Stennis Center for Public Service
18 Training and Development Act (2 U.S.C. 1105).
19 SEC. 8071. None of the funds available to the Depart-
20 ment of Defense may be obligated to modify command and
21 control relationships to give Fleet Forces Command oper-
22 ational and administrative control of United States Navy
23 forces assigned to the Pacific fleet: Provided, That the com-
24 mand and control relationships which existed on October
25 1, 2004, shall remain in force until a written modification
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1 has been proposed to the Committees on Appropriations of
2 the House of Representatives and the Senate: Provided fur-
3 ther, That the proposed modification may be implemented
4 30 days after the notification unless an objection is received
5 from either the House or Senate Appropriations Commit-
6 tees: Provided further, That any proposed modification
7 shall not preclude the ability of the commander of United
8 States Indo-Pacific Command to meet operational require-
9 ments.
10 SEC. 8072. Any notice that is required to be submitted
11 to the Committees on Appropriations of the House of Rep-
12 resentatives and the Senate under section 3601 of title 10,
13 United States Code, as added by section 804(a) of the James
14 M. Inhofe National Defense Authorization Act for Fiscal
15 Year 2023, after the date of the enactment of this Act shall
16 be submitted pursuant to that requirement concurrently to
17 the Subcommittees on Defense of the Committees on Appro-
18 priations of the House of Representatives and the Senate.
19 (INCLUDING TRANSFER OF FUNDS)
20 SEC. 8073. Of the amounts appropriated in this Act
21 under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
22 search, Development, Test and Evaluation, Defense-Wide’’,
23 $500,000,000 shall be for the Israeli Cooperative Programs:
24 Provided, That of this amount, $80,000,000 shall be for the
25 Secretary of Defense to provide to the Government of Israel
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1 for the procurement of the Iron Dome defense system to
2 counter short-range rocket threats, subject to the U.S.-Israel
3 Iron Dome Procurement Agreement, as amended;
4 $127,000,000 shall be for the Short Range Ballistic Missile
5 Defense (SRBMD) program, including cruise missile de-
6 fense research and development under the SRBMD pro-
7 gram; $40,000,000 shall be for co-production activities of
8 SRBMD systems in the United States and in Israel to meet
9 Israel’s defense requirements consistent with each nation’s
10 laws, regulations, and procedures, subject to the U.S.-Israeli
11 co-production agreement for SRBMD, as amended;
12 $80,000,000 shall be for an upper-tier component to the
13 Israeli Missile Defense Architecture, of which $80,000,000
14 shall be for co-production activities of Arrow 3 Upper Tier
15 systems in the United States and in Israel to meet Israel’s
16 defense requirements consistent with each nation’s laws,
17 regulations, and procedures, subject to the U.S.-Israeli co-
18 production agreement for Arrow 3 Upper Tier, as amended;
19 and $173,000,000 shall be for the Arrow System Improve-
20 ment Program including development of a long range,
21 ground and airborne, detection suite: Provided further,
22 That the transfer authority provided under this provision
23 is in addition to any other transfer authority contained in
24 this Act.
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1 SEC. 8074. Of the amounts appropriated in this Act
2 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
3 $1,312,646,000 shall be available until September 30, 2023,
4 to fund prior year shipbuilding cost increases for the fol-
5 lowing programs:
6 (1) Under the heading ‘‘Shipbuilding and Con-
7 version, Navy’’, 2013/2023: Carrier Replacement Pro-
8 gram, $461,700,000;
9 (2) Under the heading ‘‘Shipbuilding and Con-
10 version, Navy’’, 2015/2023: Virginia Class Submarine
11 Program, $46,060,000;
12 (3) Under the heading ‘‘Shipbuilding and Con-
13 version, Navy’’, 2015/2023: DDG–51 Destroyer,
14 $30,231,000;
15 (4) Under the heading ‘‘Shipbuilding and Con-
16 version, Navy’’, 2015/2023: Littoral Combat Ship,
17 $4,250,000;
18 (5) Under the heading ‘‘Shipbuilding and Con-
19 version, Navy’’, 2016/2023: DDG–51 Destroyer,
20 $24,238,000;
21 (6) Under the heading ‘‘Shipbuilding and Con-
22 version, Navy’’, 2016/2023: Virginia Class Submarine
23 Program, $58,642,000;
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1 (7) Under the heading ‘‘Shipbuilding and Con-
2 version, Navy’’, 2016/2023: TAO Fleet Oiler,
3 $9,200,000;
4 (8) Under the heading ‘‘Shipbuilding and Con-
5 version, Navy’’, 2016/2023: Littoral Combat Ship,
6 $18,000,000;
7 (9) Under the heading ‘‘Shipbuilding and Con-
8 version, Navy’’, 2016/2023: CVN Refueling Overhauls,
9 $62,000,000;
10 (10) Under the heading ‘‘Shipbuilding and Con-
11 version, Navy’’, 2016/2023: Towing, Salvage, and
12 Rescue Ship Program, $1,750,000;
13 (11) Under the heading ‘‘Shipbuilding and Con-
14 version, Navy’’, 2017/2023: DDG–51 Destroyer,
15 $168,178,000;
16 (12) Under the heading ‘‘Shipbuilding and Con-
17 version, Navy’’, 2017/2023: LPD–17, $17,739,000;
18 (13) Under the heading ‘‘Shipbuilding and Con-
19 version, Navy’’, 2017/2023: LHA Replacement Pro-
20 gram, $19,300,000;
21 (14) Under the heading ‘‘Shipbuilding and Con-
22 version, Navy’’, 2017/2023: Littoral Combat Ship,
23 $29,030,000;
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1 (15) Under the heading ‘‘Shipbuilding and Con-
2 version, Navy’’, 2018/2023: DDG–51 Destroyer,
3 $5,930,000;
4 (16) Under the heading ‘‘Shipbuilding and Con-
5 version, Navy’’, 2018/2023: Littoral Combat Ship,
6 $9,538,000;
7 (17) Under the heading ‘‘Shipbuilding and Con-
8 version, Navy’’, 2018/2023: TAO Fleet Oiler,
9 $12,500,000;
10 (18) Under the heading ‘‘Shipbuilding and Con-
11 version, Navy’’, 2018/2023: Towing, Salvage, and
12 Rescue Ship Program, $2,800,000;
13 (19) Under the heading ‘‘Shipbuilding and Con-
14 version, Navy’’, 2019/2023: Littoral Combat Ship,
15 $6,983,000;
16 (20) Under the heading ‘‘Shipbuilding and Con-
17 version, Navy’’, 2019/2023: TAO Fleet Oiler,
18 $106,400,000;
19 (21) Under the heading ‘‘Shipbuilding and Con-
20 version, Navy’’, 2019/2023: Towing, Salvage, and
21 Rescue Ship Program, $2,450,000;
22 (22) Under the heading ‘‘Shipbuilding and Con-
23 version, Navy’’, 2021/2023: Virginia Class Submarine
24 Program, $200,000,000; and
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1 (23) Under the heading ‘‘Shipbuilding and Con-
2 version, Navy’’, 2021/2023: Towing, Salvage, and
3 Rescue Ship Program, $15,727,000.
4 SEC. 8075. Funds appropriated by this Act, or made
5 available by the transfer of funds in this Act, for intelligence
6 activities and intelligence-related activities not otherwise
7 authorized in the Intelligence Authorization Act for Fiscal
8 Year 2023 are deemed to be specifically authorized by the
9 Congress for purposes of section 504 of the National Secu-
10 rity Act of 1947 (50 U.S.C. 3094).
11 SEC. 8076. None of the funds provided in this Act shall
12 be available for obligation or expenditure through a re-
13 programming of funds that creates or initiates a new pro-
14 gram, project, or activity unless such program, project, or
15 activity must be undertaken immediately in the interest of
16 national security and only after written prior notification
17 to the congressional defense committees.
18 SEC. 8077. In addition to amounts provided elsewhere
19 in this Act, $5,000,000 is hereby appropriated to the De-
20 partment of Defense, to remain available for obligation
21 until expended: Provided, That notwithstanding any other
22 provision of law, that upon the determination of the Sec-
23 retary of Defense that it shall serve the national interest,
24 these funds shall be available only for a grant to the Fisher
25 House Foundation, Inc., only for the construction and fur-
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1 nishing of additional Fisher Houses to meet the needs of
2 military family members when confronted with the illness
3 or hospitalization of an eligible military beneficiary.
4 SEC. 8078. None of the funds in this Act may be used
5 for research, development, test, evaluation, procurement or
6 deployment of nuclear armed interceptors of a missile de-
7 fense system.
8 SEC. 8079. None of the funds made available by this
9 Act may be obligated or expended for the purpose of decom-
10 missioning the USS Fort Worth, the USS Wichita, the USS
11 Billings, the USS Indianapolis, or the USS St. Louis.
12 SEC. 8080. None of the funds appropriated or made
13 available in this Act shall be used to reduce or disestablish
14 the operation of the 53rd Weather Reconnaissance Squad-
15 ron of the Air Force Reserve, if such action would reduce
16 the WC–130 Weather Reconnaissance mission below the lev-
17 els funded in this Act: Provided, That the Air Force shall
18 allow the 53rd Weather Reconnaissance Squadron to per-
19 form other missions in support of national defense require-
20 ments during the non-hurricane season.
21 SEC. 8081. None of the funds provided in this Act shall
22 be available for integration of foreign intelligence informa-
23 tion unless the information has been lawfully collected and
24 processed during the conduct of authorized foreign intel-
25 ligence activities: Provided, That information pertaining to
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1 United States persons shall only be handled in accordance
2 with protections provided in the Fourth Amendment of the
3 United States Constitution as implemented through Execu-
4 tive Order No. 12333.
5 SEC. 8082. (a) None of the funds appropriated by this
6 Act may be used to transfer research and development, ac-
7 quisition, or other program authority relating to current
8 tactical unmanned aerial vehicles (TUAVs) from the Army.
9 (b) The Army shall retain responsibility for and oper-
10 ational control of the MQ–1C Gray Eagle Unmanned Aerial
11 Vehicle (UAV) in order to support the Secretary of Defense
12 in matters relating to the employment of unmanned aerial
13 vehicles.
14 SEC. 8083. None of the funds appropriated by this Act
15 for programs of the Office of the Director of National Intel-
16 ligence shall remain available for obligation beyond the cur-
17 rent fiscal year, except for funds appropriated for research
18 and technology, which shall remain available until Sep-
19 tember 30, 2024, and except for funds appropriated for the
20 purchase of real property, which shall remain available
21 until September 30, 2025.
22 SEC. 8084. For purposes of section 1553(b) of title 31,
23 United States Code, any subdivision of appropriations
24 made in this Act under the heading ‘‘Shipbuilding and
25 Conversion, Navy’’ shall be considered to be for the same
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1 purpose as any subdivision under the heading ‘‘Ship-
2 building and Conversion, Navy’’ appropriations in any
3 prior fiscal year, and the 1 percent limitation shall apply
4 to the total amount of the appropriation.
5 SEC. 8085. (a) Not later than 60 days after the date
6 of enactment of this Act, the Director of National Intel-
7 ligence shall submit a report to the congressional intel-
8 ligence committees to establish the baseline for application
9 of reprogramming and transfer authorities for fiscal year
10 2023: Provided, That the report shall include—
11 (1) a table for each appropriation with a sepa-
12 rate column to display the President’s budget request,
13 adjustments made by Congress, adjustments due to
14 enacted rescissions, if appropriate, and the fiscal year
15 enacted level;
16 (2) a delineation in the table for each appropria-
17 tion by Expenditure Center and project; and
18 (3) an identification of items of special congres-
19 sional interest.
20 (b) None of the funds provided for the National Intel-
21 ligence Program in this Act shall be available for re-
22 programming or transfer until the report identified in sub-
23 section (a) is submitted to the congressional intelligence
24 committees, unless the Director of National Intelligence cer-
25 tifies in writing to the congressional intelligence committees
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1 that such reprogramming or transfer is necessary as an
2 emergency requirement.
3 SEC. 8086. Any transfer of amounts appropriated to
4 the Department of Defense Acquisition Workforce Develop-
5 ment Account in or for fiscal year 2023 to a military de-
6 partment or Defense Agency pursuant to section 1705(e)(1)
7 of title 10, United States Code, shall be covered by and sub-
8 ject to section 8005 of this Act.
9 SEC. 8087. (a) None of the funds provided for the Na-
10 tional Intelligence Program in this or any prior appropria-
11 tions Act shall be available for obligation or expenditure
12 through a reprogramming or transfer of funds in accord-
13 ance with section 102A(d) of the National Security Act of
14 1947 (50 U.S.C. 3024(d)) that—
15 (1) creates a new start effort;
16 (2) terminates a program with appropriated
17 funding of $10,000,000 or more;
18 (3) transfers funding into or out of the National
19 Intelligence Program; or
20 (4) transfers funding between appropriations,
21 unless the congressional intelligence committees are
22 notified 30 days in advance of such reprogramming
23 of funds; this notification period may be reduced for
24 urgent national security requirements.
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1 (b) None of the funds provided for the National Intel-
2 ligence Program in this or any prior appropriations Act
3 shall be available for obligation or expenditure through a
4 reprogramming or transfer of funds in accordance with sec-
5 tion 102A(d) of the National Security Act of 1947 (50
6 U.S.C. 3024(d)) that results in a cumulative increase or
7 decrease of the levels specified in the classified annex accom-
8 panying the Act unless the congressional intelligence com-
9 mittees are notified 30 days in advance of such reprogram-
10 ming of funds; this notification period may be reduced for
11 urgent national security requirements.
12 SEC. 8088. (a) Any agency receiving funds made
13 available in this Act, shall, subject to subsections (b) and
14 (c), post on the public Web site of that agency any report
15 required to be submitted by the Congress in this or any
16 other Act, upon the determination by the head of the agency
17 that it shall serve the national interest.
18 (b) Subsection (a) shall not apply to a report if—
19 (1) the public posting of the report compromises
20 national security; or
21 (2) the report contains proprietary information.
22 (c) The head of the agency posting such report shall
23 do so only after such report has been made available to the
24 requesting Committee or Committees of Congress for no less
25 than 45 days.
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1 SEC. 8089. (a) None of the funds appropriated or oth-
2 erwise made available by this Act may be expended for any
3 Federal contract for an amount in excess of $1,000,000, un-
4 less the contractor agrees not to—
5 (1) enter into any agreement with any of its em-
6 ployees or independent contractors that requires, as a
7 condition of employment, that the employee or inde-
8 pendent contractor agree to resolve through arbitra-
9 tion any claim under title VII of the Civil Rights Act
10 of 1964 or any tort related to or arising out of sexual
11 assault or harassment, including assault and battery,
12 intentional infliction of emotional distress, false im-
13 prisonment, or negligent hiring, supervision, or reten-
14 tion; or
15 (2) take any action to enforce any provision of
16 an existing agreement with an employee or inde-
17 pendent contractor that mandates that the employee
18 or independent contractor resolve through arbitration
19 any claim under title VII of the Civil Rights Act of
20 1964 or any tort related to or arising out of sexual
21 assault or harassment, including assault and battery,
22 intentional infliction of emotional distress, false im-
23 prisonment, or negligent hiring, supervision, or reten-
24 tion.
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1 (b) None of the funds appropriated or otherwise made
2 available by this Act may be expended for any Federal con-
3 tract unless the contractor certifies that it requires each cov-
4 ered subcontractor to agree not to enter into, and not to
5 take any action to enforce any provision of, any agreement
6 as described in paragraphs (1) and (2) of subsection (a),
7 with respect to any employee or independent contractor per-
8 forming work related to such subcontract. For purposes of
9 this subsection, a ‘‘covered subcontractor’’ is an entity that
10 has a subcontract in excess of $1,000,000 on a contract sub-
11 ject to subsection (a).
12 (c) The prohibitions in this section do not apply with
13 respect to a contractor’s or subcontractor’s agreements with
14 employees or independent contractors that may not be en-
15 forced in a court of the United States.
16 (d) The Secretary of Defense may waive the applica-
17 tion of subsection (a) or (b) to a particular contractor or
18 subcontractor for the purposes of a particular contract or
19 subcontract if the Secretary or the Deputy Secretary per-
20 sonally determines that the waiver is necessary to avoid
21 harm to national security interests of the United States,
22 and that the term of the contract or subcontract is not
23 longer than necessary to avoid such harm. The determina-
24 tion shall set forth with specificity the grounds for the waiv-
25 er and for the contract or subcontract term selected, and
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1 shall state any alternatives considered in lieu of a waiver
2 and the reasons each such alternative would not avoid harm
3 to national security interests of the United States. The Sec-
4 retary of Defense shall transmit to Congress, and simulta-
5 neously make public, any determination under this sub-
6 section not less than 15 business days before the contract
7 or subcontract addressed in the determination may be
8 awarded.
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 8090. From within the funds appropriated for
11 operation and maintenance for the Defense Health Program
12 in this Act, up to $168,000,000, shall be available for trans-
13 fer to the Joint Department of Defense-Department of Vet-
14 erans Affairs Medical Facility Demonstration Fund in ac-
15 cordance with the provisions of section 1704 of the National
16 Defense Authorization Act for Fiscal Year 2010, Public Law
17 111–84: Provided, That for purposes of section 1704(b), the
18 facility operations funded are operations of the integrated
19 Captain James A. Lovell Federal Health Care Center, con-
20 sisting of the North Chicago Veterans Affairs Medical Cen-
21 ter, the Navy Ambulatory Care Center, and supporting fa-
22 cilities designated as a combined Federal medical facility
23 as described by section 706 of Public Law 110–417: Pro-
24 vided further, That additional funds may be transferred
25 from funds appropriated for operation and maintenance for
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1 the Defense Health Program to the Joint Department of De-
2 fense-Department of Veterans Affairs Medical Facility
3 Demonstration Fund upon written notification by the Sec-
4 retary of Defense to the Committees on Appropriations of
5 the House of Representatives and the Senate.
6 SEC. 8091. None of the funds appropriated or other-
7 wise made available by this Act may be used by the Depart-
8 ment of Defense or a component thereof in contravention
9 of the provisions of section 130h of title 10, United States
10 Code.
11 SEC. 8092. Appropriations available to the Depart-
12 ment of Defense may be used for the purchase of heavy and
13 light armored vehicles for the physical security of personnel
14 or for force protection purposes up to a limit of $450,000
15 per vehicle, notwithstanding price or other limitations ap-
16 plicable to the purchase of passenger carrying vehicles.
17 (INCLUDING TRANSFER OF FUNDS)
18 SEC. 8093. Upon a determination by the Director of
19 National Intelligence that such action is necessary and in
20 the national interest, the Director may, with the approval
21 of the Office of Management and Budget, transfer not to
22 exceed $1,500,000,000 of the funds made available in this
23 Act for the National Intelligence Program: Provided, That
24 such authority to transfer may not be used unless for higher
25 priority items, based on unforeseen intelligence require-
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1 ments, than those for which originally appropriated and
2 in no case where the item for which funds are requested
3 has been denied by the Congress: Provided further, That a
4 request for multiple reprogrammings of funds using author-
5 ity provided in this section shall be made prior to June
6 30, 2023.
7 SEC. 8094. Of the amounts appropriated in this Act
8 for ‘‘Shipbuilding and Conversion, Navy’’, $133,000,000, to
9 remain available for obligation until September 30, 2027,
10 may be used for the purchase of two used sealift vessels for
11 the National Defense Reserve Fleet, established under sec-
12 tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C.
13 57100): Provided, That such amounts are available for re-
14 imbursements to the Ready Reserve Force, Maritime Ad-
15 ministration account of the United States Department of
16 Transportation for programs, projects, activities, and ex-
17 penses related to the National Defense Reserve Fleet: Pro-
18 vided further, That notwithstanding section 2218 of title 10,
19 United States Code, none of these funds shall be transferred
20 to the National Defense Sealift Fund for execution.
21 SEC. 8095. The Secretary of Defense shall post grant
22 awards on a public website in a searchable format.
23 SEC. 8096. None of the funds made available by this
24 Act may be used by the National Security Agency to—
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1 (1) conduct an acquisition pursuant to section
2 702 of the Foreign Intelligence Surveillance Act of
3 1978 for the purpose of targeting a United States per-
4 son; or
5 (2) acquire, monitor, or store the contents (as
6 such term is defined in section 2510(8) of title 18,
7 United States Code) of any electronic communication
8 of a United States person from a provider of elec-
9 tronic communication services to the public pursuant
10 to section 501 of the Foreign Intelligence Surveillance
11 Act of 1978.
12 SEC. 8097. None of the funds made available in this
13 or any other Act may be used to pay the salary of any
14 officer or employee of any agency funded by this Act who
15 approves or implements the transfer of administrative re-
16 sponsibilities or budgetary resources of any program,
17 project, or activity financed by this Act to the jurisdiction
18 of another Federal agency not financed by this Act without
19 the express authorization of Congress: Provided, That this
20 limitation shall not apply to transfers of funds expressly
21 provided for in Defense Appropriations Acts, or provisions
22 of Acts providing supplemental appropriations for the De-
23 partment of Defense.
24 SEC. 8098. Of the amounts appropriated in this Act
25 for ‘‘Operation and Maintenance, Navy’’, $589,325,000, to
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1 remain available until expended, may be used for any pur-
2 poses related to the National Defense Reserve Fleet estab-
3 lished under section 11 of the Merchant Ship Sales Act of
4 1946 (46 U.S.C. 57100): Provided, That such amounts are
5 available for reimbursements to the Ready Reserve Force,
6 Maritime Administration account of the United States De-
7 partment of Transportation for programs, projects, activi-
8 ties, and expenses related to the National Defense Reserve
9 Fleet.
10 SEC. 8099. None of the funds made available by this
11 Act may be used for Government Travel Charge Card ex-
12 penses by military or civilian personnel of the Department
13 of Defense for gaming, or for entertainment that includes
14 topless or nude entertainers or participants, as prohibited
15 by Department of Defense FMR, Volume 9, Chapter 3 and
16 Department of Defense Instruction 1015.10 (enclosure 3,
17 14a and 14b).
18 SEC. 8100. (a) None of the funds provided in this Act
19 for the TAO Fleet Oiler program shall be used to award
20 a new contract that provides for the acquisition of the fol-
21 lowing components unless those components are manufac-
22 tured in the United States: Auxiliary equipment (including
23 pumps) for shipboard services; propulsion equipment (in-
24 cluding engines, reduction gears, and propellers); shipboard
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1 cranes; spreaders for shipboard cranes; and anchor chains,
2 specifically for the seventh and subsequent ships of the fleet.
3 (b) None of the funds provided in this Act for the
4 FFG(X) Frigate program shall be used to award a new con-
5 tract that provides for the acquisition of the following com-
6 ponents unless those components are manufactured in the
7 United States: Air circuit breakers; gyrocompasses; elec-
8 tronic navigation chart systems; steering controls; pumps;
9 propulsion and machinery control systems; totally enclosed
10 lifeboats; auxiliary equipment pumps; shipboard cranes;
11 auxiliary chill water systems; and propulsion propellers:
12 Provided, That the Secretary of the Navy shall incorporate
13 United States manufactured propulsion engines and pro-
14 pulsion reduction gears into the FFG(X) Frigate program
15 beginning not later than with the eleventh ship of the pro-
16 gram.
17 SEC. 8101. None of the funds provided in this Act for
18 requirements development, performance specification devel-
19 opment, concept design and development, ship configura-
20 tion development, systems engineering, naval architecture,
21 marine engineering, operations research analysis, industry
22 studies, preliminary design, development of the Detailed
23 Design and Construction Request for Proposals solicitation
24 package, or related activities for the T–ARC(X) Cable Lay-
25 ing and Repair Ship or the T–AGOS(X) Oceanographic
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1 Surveillance Ship may be used to award a new contract
2 for such activities unless these contracts include specifica-
3 tions that all auxiliary equipment, including pumps and
4 propulsion shafts, are manufactured in the United States.
5 SEC. 8102. No amounts credited or otherwise made
6 available in this or any other Act to the Department of De-
7 fense Acquisition Workforce Development Account may be
8 transferred to:
9 (1) the Rapid Prototyping Fund established
10 under section 804(d) of the National Defense Author-
11 ization Act for Fiscal Year 2016 (10 U.S.C. 2302
12 note); or
13 (2) credited to a military-department specific
14 fund established under section 804(d)(2) of the Na-
15 tional Defense Authorization Act for Fiscal Year 2016
16 (as amended by section 897 of the National Defense
17 Authorization Act for Fiscal Year 2017).
18 SEC. 8103. From funds made available in title II of
19 this Act, the Secretary of Defense may purchase for use by
20 military and civilian employees of the Department of De-
21 fense in the United States Central Command area of re-
22 sponsibility: (1) passenger motor vehicles up to a limit of
23 $75,000 per vehicle; and (2) heavy and light armored vehi-
24 cles for the physical security of personnel or for force protec-
25 tion purposes up to a limit of $450,000 per vehicle, notwith-
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1 standing price or other limitations applicable to the pur-
2 chase of passenger carrying vehicles.
3 SEC. 8104. (a) None of the funds made available in
4 this Act may be used to maintain or establish a computer
5 network unless such network is designed to block access to
6 pornography websites.
7 (b) Nothing in subsection (a) shall limit the use of
8 funds necessary for any Federal, State, tribal, or local law
9 enforcement agency or any other entity carrying out crimi-
10 nal investigations, prosecution, or adjudication activities,
11 or for any activity necessary for the national defense, in-
12 cluding intelligence activities.
13 SEC. 8105. None of the funds provided for, or otherwise
14 made available, in this or any other Act, may be obligated
15 or expended by the Secretary of Defense to provide motor-
16 ized vehicles, aviation platforms, munitions other than
17 small arms and munitions appropriate for customary cere-
18 monial honors, operational military units, or operational
19 military platforms if the Secretary determines that pro-
20 viding such units, platforms, or equipment would under-
21 mine the readiness of such units, platforms, or equipment.
22 SEC. 8106. (a) None of the funds made available by
23 this or any other Act may be used to enter into a contract,
24 memorandum of understanding, or cooperative agreement
25 with, make a grant to, or provide a loan or loan guarantee
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1 to any corporation that has any unpaid Federal tax liabil-
2 ity that has been assessed, for which all judicial and admin-
3 istrative remedies have been exhausted or have lapsed, and
4 that is not being paid in a timely manner pursuant to an
5 agreement with the authority responsible for collecting such
6 tax liability, provided that the applicable Federal agency
7 is aware of the unpaid Federal tax liability.
8 (b) Subsection (a) shall not apply if the applicable
9 Federal agency has considered suspension or debarment of
10 the corporation described in such subsection and has made
11 a determination that such suspension or debarment is not
12 necessary to protect the interests of the Federal Government.
13 SEC. 8107. (a) Amounts appropriated under title IV
14 of this Act, as detailed in budget activity eight of the ‘‘Ex-
15 planation of Project Level Adjustments’’ tables in the ex-
16 planatory statement regarding this Act, may be used for
17 expenses for the agile research, development, test and eval-
18 uation, procurement, production, modification, and oper-
19 ation and maintenance, only for the following Software and
20 Digital Technology Pilot programs—
21 (1) Defensive CYBER (PE 0608041A);
22 (2) Risk Management Information (PE
23 0608013N);
24 (3) Maritime Tactical Command and Control
25 (PE 0608231N);
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1 (4) Space Command & Control (PE
2 1208248SF);
3 (5) National Background Investigation Services
4 (PE 0608197V);
5 (6) Global Command and Control System (PE
6 0303150K); and
7 (7) Acquisition Visibility (PE 0608648D8Z).
8 (b) None of the funds appropriated by this or prior
9 Department of Defense Appropriations Acts may be obli-
10 gated or expended to initiate additional Software and Dig-
11 ital Technology Pilot Programs in fiscal year 2023.
12 SEC. 8108. In addition to amounts provided elsewhere
13 in this Act, there is appropriated $686,500,000, for an ad-
14 ditional amount for ‘‘Operation and Maintenance, Defense-
15 Wide’’, to remain available until expended: Provided, That
16 such funds shall only be available to the Secretary of De-
17 fense, acting through the Office of Local Defense Community
18 Cooperation of the Department of Defense, or for transfer
19 to the Secretary of Education, notwithstanding any other
20 provision of law, to make grants, conclude cooperative
21 agreements, or supplement other Federal funds to construct,
22 renovate, repair, or expand elementary and secondary pub-
23 lic schools on military installations in order to address ca-
24 pacity or facility condition deficiencies at such schools: Pro-
25 vided further, That in making such funds available, the Of-
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1 fice of Local Defense Community Cooperation or the Sec-
2 retary of Education shall give priority consideration to
3 those military installations with schools having the most
4 serious capacity or facility condition deficiencies as deter-
5 mined by the Secretary of Defense: Provided further, That
6 as a condition of receiving funds under this section a local
7 educational agency or State shall provide a matching share
8 as described in the notice titled ‘‘Department of Defense
9 Program for Construction, Renovation, Repair or Expan-
10 sion of Public Schools Located on Military Installations’’
11 published by the Department of Defense in the Federal Reg-
12 ister on September 9, 2011 (76 Fed. Reg. 55883 et seq.):
13 Provided further, That these provisions apply to funds pro-
14 vided under this section, and to funds previously provided
15 by Congress to construct, renovate, repair, or expand ele-
16 mentary and secondary public schools on military installa-
17 tions in order to address capacity or facility condition defi-
18 ciencies at such schools to the extent such funds remain un-
19 obligated on the date of enactment of this section.
20 SEC. 8109. None of the funds made available in this
21 Act may be used in contravention of the following laws en-
22 acted or regulations promulgated to implement the United
23 Nations Convention Against Torture and Other Cruel, In-
24 human or Degrading Treatment or Punishment (done at
25 New York on December 10, 1984):
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1 (1) Section 2340A of title 18, United States
2 Code.
3 (2) Section 2242 of the Foreign Affairs Reform
4 and Restructuring Act of 1998 (division G of Public
5 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
6 note) and regulations prescribed thereto, including
7 regulations under part 208 of title 8, Code of Federal
8 Regulations, and part 95 of title 22, Code of Federal
9 Regulations.
10 (3) Sections 1002 and 1003 of the Department of
11 Defense, Emergency Supplemental Appropriations to
12 Address Hurricanes in the Gulf of Mexico, and Pan-
13 demic Influenza Act, 2006 (Public Law 109–148).
14 SEC. 8110. Of the amounts appropriated in this Act
15 under the heading ‘‘Operation and Maintenance, Defense-
16 Wide’’, for the Defense Security Cooperation Agency,
17 $300,000,000, to remain available until September 30,
18 2024, shall be for the Ukraine Security Assistance Initia-
19 tive: Provided, That such funds shall be available to the Sec-
20 retary of Defense, with the concurrence of the Secretary of
21 State, to provide assistance, including training; equipment;
22 lethal assistance; logistics support, supplies and services;
23 salaries and stipends; sustainment; and intelligence support
24 to the military and national security forces of Ukraine, and
25 to other forces or groups recognized by and under the au-
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1 thority of the Government of Ukraine, including govern-
2 mental entities within Ukraine, engaged in resisting Rus-
3 sian aggression against Ukraine, for replacement of any
4 weapons or articles provided to the Government of Ukraine
5 from the inventory of the United States, and to recover or
6 dispose of equipment procured using funds made available
7 in this section in this or prior Acts: Provided further, That
8 the Secretary of Defense shall, not less than 15 days prior
9 to obligating funds made available in this section, notify
10 the congressional defense committees in writing of the de-
11 tails of any such obligation: Provided further, That the Sec-
12 retary of Defense shall, not more than 60 days after such
13 notification is made, inform such committees if such funds
14 have not been obligated and the reasons therefor: Provided
15 further, That the Secretary of Defense shall consult with
16 such committees in advance of the provision of support pro-
17 vided to other forces or groups recognized by and under the
18 authority of the Government of Ukraine: Provided further,
19 That the United States may accept equipment procured
20 using funds made available in this section in this or prior
21 Acts transferred to the security forces of Ukraine and re-
22 turned by such forces to the United States: Provided further,
23 That equipment procured using funds made available in
24 this section in this or prior Acts, and not yet transferred
25 to the military or national security forces of Ukraine or
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1 to other assisted entities, or returned by such forces or other
2 assisted entities to the United States, may be treated as
3 stocks of the Department of Defense upon written notifica-
4 tion to the congressional defense committees: Provided fur-
5 ther, That the Secretary of Defense shall provide quarterly
6 reports to the congressional defense committees on the use
7 and status of funds made available in this section.
8 SEC. 8111. During the current fiscal year, the Depart-
9 ment of Defense is authorized to incur obligations of not
10 to exceed $350,000,000 for purposes specified in section
11 2350j(c) of title 10, United States Code, in anticipation of
12 receipt of contributions, only from the Government of Ku-
13 wait, under that section: Provided, That, such contributions
14 shall, upon receipt, be credited to the appropriations or
15 fund which incurred such obligations.
16 SEC. 8112. Of the amounts appropriated in this Act
17 under the heading ‘‘Operation and Maintenance, Defense-
18 Wide’’, for the Defense Security Cooperation Agency,
19 $1,510,260,000, to remain available until September 30,
20 2024, shall be available for International Security Coopera-
21 tion Programs and other programs to provide support and
22 assistance to foreign security forces or other groups or indi-
23 viduals to conduct, support or facilitate counterterrorism,
24 crisis response, or building partner capacity programs:
25 Provided, That the Secretary of Defense shall, not less than
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1 15 days prior to obligating funds made available in this
2 section, notify the congressional defense committees in writ-
3 ing of the details of any planned obligation: Provided fur-
4 ther, That the Secretary of Defense shall provide quarterly
5 reports to the Committees on Appropriations of the House
6 of Representatives and the Senate on the use and status of
7 funds made available in this section.
8 SEC. 8113. Of the amounts appropriated in this Act
9 under the heading ‘‘Operation and Maintenance, Defense-
10 Wide’’, for the Defense Security Cooperation Agency,
11 $410,000,000, to remain available until September 30,
12 2024, shall be available to reimburse Jordan, Lebanon,
13 Egypt, Tunisia, and Oman under section 1226 of the Na-
14 tional Defense Authorization Act for Fiscal Year 2016 (22
15 U.S.C. 2151 note), for enhanced border security, of which
16 not less than $150,000,000 shall be for Jordan: Provided,
17 That the Secretary of Defense shall, not less than 15 days
18 prior to obligating funds made available in this section, no-
19 tify the congressional defense committees in writing of the
20 details of any planned obligation and the nature of the ex-
21 penses incurred: Provided further, That the Secretary of De-
22 fense shall provide quarterly reports to the Committees on
23 Appropriations of the House of Representatives and the
24 Senate on the use and status of funds made available in
25 this section.
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1 SEC. 8114. None of the funds made available by this
2 Act may be used in contravention of the War Powers Reso-
3 lution (50 U.S.C. 1541 et seq.).
4 SEC. 8115. None of the funds made available by this
5 Act for excess defense articles, assistance under section 333
6 of title 10, United States Code, or peacekeeping operations
7 for the countries designated annually to be in violation of
8 the standards of the Child Soldiers Prevention Act of 2008
9 (Public Law 110–457; 22 U.S.C. 2370c–1) may be used to
10 support any military training or operation that includes
11 child soldiers, as defined by the Child Soldiers Prevention
12 Act of 2008, unless such assistance is otherwise permitted
13 under section 404 of the Child Soldiers Prevention Act of
14 2008.
15 SEC. 8116. None of the funds made available by this
16 Act may be made available for any member of the Taliban.
17 SEC. 8117. Notwithstanding any other provision of
18 law, any transfer of funds, appropriated or otherwise made
19 available by this Act, for support to friendly foreign coun-
20 tries in connection with the conduct of operations in which
21 the United States is not participating, pursuant to section
22 331(d) of title 10, United States Code, shall be made in
23 accordance with section 8005 of this Act.
24 SEC. 8118. (a) None of the funds appropriated or oth-
25 erwise made available by this or any other Act may be used
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1 by the Secretary of Defense, or any other official or officer
2 of the Department of Defense, to enter into a contract,
3 memorandum of understanding, or cooperative agreement
4 with, or make a grant to, or provide a loan or loan guar-
5 antee to Rosoboronexport or any subsidiary of
6 Rosoboronexport.
7 (b) The Secretary of Defense may waive the limitation
8 in subsection (a) if the Secretary, in consultation with the
9 Secretary of State and the Director of National Intelligence,
10 determines that it is in the vital national security interest
11 of the United States to do so, and certifies in writing to
12 the congressional defense committees that—
13 (1) Rosoboronexport has ceased the transfer of le-
14 thal military equipment to, and the maintenance of
15 existing lethal military equipment for, the Govern-
16 ment of the Syrian Arab Republic;
17 (2) the armed forces of the Russian Federation
18 have withdrawn from Ukraine; and
19 (3) agents of the Russian Federation have ceased
20 taking active measures to destabilize the control of the
21 Government of Ukraine over eastern Ukraine.
22 (c) The Inspector General of the Department of Defense
23 shall conduct a review of any action involving
24 Rosoboronexport with respect to a waiver issued by the Sec-
25 retary of Defense pursuant to subsection (b), and not later
† HR 2617 EAS2
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1 than 90 days after the date on which such a waiver is issued
2 by the Secretary of Defense, the Inspector General shall sub-
3 mit to the congressional defense committees a report con-
4 taining the results of the review conducted with respect to
5 such waiver.
6 (INCLUDING TRANSFER OF FUNDS)
7 SEC. 8119. In addition to the amounts appropriated
8 or otherwise made available elsewhere in this Act,
9 $1,000,000,000, to remain available until September 30,
10 2024, is hereby appropriated to the Department of Defense
11 and made available for transfer only to other appropria-
12 tions available to the Department of Defense in Department
13 of Defense Appropriations Acts: Provided, That such funds
14 shall be available to the Secretary of Defense for the purpose
15 of conducting activities relating to improvements of infra-
16 structure and defueling at the Red Hill Bulk Fuel Storage
17 Facility: Provided further, That amounts transferred pur-
18 suant to this appropriation shall be merged with, and be
19 available for the same purposes and time period as the ap-
20 propriations to which transferred: Provided further, That
21 upon a determination that all or part of the funds trans-
22 ferred from this appropriation are not necessary for the
23 purposes provided in this section, such amounts may be
24 transferred back to this section: Provided further, That the
25 transfer authority provided pursuant to this section is in
† HR 2617 EAS2
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1 addition to any other transfer authority provided by law:
2 Provided further, That not less than 30 days prior to any
3 transfer of funds pursuant to this section, the Secretary of
4 Defense shall notify the congressional defense committees of
5 the details of any such transfer: Provided further, That not
6 later than 60 days after the enactment of this Act and every
7 30 days thereafter through fiscal year 2024, the Secretary
8 of Defense shall submit a report to the Committees on Ap-
9 propriations of the House of Representatives and Senate,
10 setting forth all categories and amounts of obligations and
11 expenditures made under the authority provided in this sec-
12 tion.
13 SEC. 8120. (a) Notwithstanding section 2215 of title
14 10, United States Code, the Secretary of Defense may trans-
15 fer to the Secretary of State, for use by the United States
16 Agency for International Development, amounts to be used
17 for the Bien Hoa dioxin cleanup in Vietnam.
18 (b) Not more than $15,000,000 may be transferred in
19 each of fiscal years 2024 through 2030 under the transfer
20 authority in subsection (a).
21 (c) The transfer authority in subsection (a) is in addi-
22 tion to any other transfer authority available to the Depart-
23 ment of Defense.
24 (d) If the Secretary of Defense determines to use the
25 transfer authority in subsection (a), the Secretary shall no-
† HR 2617 EAS2
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1 tify the congressional defense committees of that determina-
2 tion not later than 30 days before the Secretary uses the
3 transfer authority.
4 (INCLUDING TRANSFER OF FUNDS)
5 SEC. 8121. In addition to amounts appropriated in
6 title III, title IV, or otherwise made available elsewhere in
7 this Act, $1,052,501,000 is hereby appropriated to the De-
8 partment of Defense and made available for transfer to the
9 procurement and research, development, test and evaluation
10 accounts of the Army, Navy, Marine Corps, Air Force, and
11 Space Force to reflect revised economic assumptions: Pro-
12 vided, That the transfer authority provided under this sec-
13 tion is in addition to any other transfer authority provided
14 elsewhere in this Act: Provided further, That none of the
15 funds provided under this section may be obligated or ex-
16 pended until 30 days after the Secretary of Defense provides
17 the Committees on Appropriations of the House of Rep-
18 resentatives and the Senate a detailed execution plan for
19 such funds.
20 SEC. 8122. Notwithstanding any other provision of
21 this Act, to reflect savings due to favorable foreign exchange
22 rates, the total amount appropriated in this Act is hereby
23 reduced by $956,400,000.
24 SEC. 8123. Equipment procured using funds provided
25 in prior Acts under the heading ‘‘Counterterrorism Part-
† HR 2617 EAS2
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1 nerships Fund’’ for the program authorized by section 1209
2 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
3 Defense Authorization Act for Fiscal Year 2015 (Public
4 Law 113–291), or under the heading ‘‘Iraq Train and
5 Equip Fund’’ for the program authorized by section 1236
6 of such Act, and not yet transferred to authorized recipients
7 may be transferred to foreign security forces, irregular
8 forces, groups, or individuals, authorized to receive assist-
9 ance using amounts provided under the heading ‘‘Counter-
10 ISIS Train and Equip Fund’’ in this Act: Provided, That
11 such equipment may be transferred 15 days following writ-
12 ten notification to the congressional defense committees.
13 SEC. 8124. Of the amounts appropriated in this Act
14 under the heading ‘‘Operation and Maintenance, Defense-
15 Wide’’, for the Defense Security Cooperation Agency,
16 $25,000,000, to remain available until September 30, 2024,
17 shall be for payments to reimburse key cooperating nations
18 for logistical, military, and other support, including access,
19 provided to United States military and stability operations
20 to counter the Islamic State of Iraq and Syria: Provided,
21 That such reimbursement payments may be made in such
22 amounts as the Secretary of Defense, with the concurrence
23 of the Secretary of State, and in consultation with the Di-
24 rector of the Office of Management and Budget, may deter-
25 mine, based on documentation determined by the Secretary
† HR 2617 EAS2
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1 of Defense to adequately account for the support provided,
2 and such determination is final and conclusive upon the
3 accounting officers of the United States, and 15 days fol-
4 lowing written notification to the appropriate congressional
5 committees: Provided further, That these funds may be used
6 for the purpose of providing specialized training and pro-
7 curing supplies and specialized equipment and providing
8 such supplies and loaning such equipment on a non-reim-
9 bursable basis to coalition forces supporting United States
10 military and stability operations to counter the Islamic
11 State of Iraq and Syria, and 15 days following written no-
12 tification to the appropriate congressional committees: Pro-
13 vided further, That the Secretary of Defense shall provide
14 quarterly reports to the Committees on Appropriations of
15 the House of Representatives and the Senate on the use and
16 status of funds made available in this section.
17 SEC. 8125. In carrying out the program described in
18 the memorandum on the subject of ‘‘Policy for Assisted Re-
19 productive Services for the Benefit of Seriously or Severely
20 Ill/Injured (Category II or III) Active Duty Service Mem-
21 bers’’ issued by the Assistant Secretary of Defense for
22 Health Affairs on April 3, 2012, and the guidance issued
23 to implement such memorandum, the Secretary of Defense
24 shall apply such policy and guidance, except that—
† HR 2617 EAS2
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1 (1) the limitation on periods regarding embryo
2 cryopreservation and storage set forth in part III(G)
3 and in part IV(H) of such memorandum shall not
4 apply; and
5 (2) the term ‘‘assisted reproductive technology’’
6 shall include embryo cryopreservation and storage
7 without limitation on the duration of such
8 cryopreservation and storage.
9 SEC. 8126. None of the funds appropriated or other-
10 wise made available by this Act may be used to transfer
11 the National Reconnaissance Office to the Space Force: Pro-
12 vided, That nothing in this Act shall be construed to limit
13 or prohibit cooperation, collaboration, and coordination be-
14 tween the National Reconnaissance Office and the Space
15 Force or any other elements of the Department of Defense.
16 SEC. 8127. Funds awarded pursuant to the authority
17 in section 8085 of the Department of Defense Appropria-
18 tions Act, 2010 (Public Law 111–118) to the Edward M.
19 Kennedy Institute for the Senate may be used for facility
20 operations and maintenance, and program activities, with-
21 out regard to any previous endowment disbursement limita-
22 tions.
23 SEC. 8128. The Secretary of Defense shall notify the
24 congressional defense committees in writing not more than
25 30 days after the receipt of any contribution of funds re-
† HR 2617 EAS2
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1 ceived from the government of a foreign country for any
2 purpose relating to the stationing or operations of the
3 United States Armed Forces: Provided, That such notifica-
4 tion shall include the amount of the contribution; the pur-
5 pose for which such contribution was made; and the author-
6 ity under which such contribution was accepted by the Sec-
7 retary of Defense: Provided further, That not fewer than
8 15 days prior to obligating such funds, the Secretary of De-
9 fense shall submit to the congressional defense committees
10 in writing a notification of the planned use of such con-
11 tributions, including whether such contributions would sup-
12 port existing or new stationing or operations of the United
13 States Armed Forces.
14 SEC. 8129. (a) The Chairman of the Joint Chiefs, in
15 coordination with the Secretaries of the military depart-
16 ments and the Chiefs of the Armed Forces, shall submit to
17 the congressional defense committees, not later than 30 days
18 after the last day of each quarter of the fiscal year, a report
19 on the use of operation and maintenance funds for activities
20 or exercises in excess of $5,000,000 that have been des-
21 ignated by the Secretary of Defense as unplanned activities
22 for fiscal year 2023.
23 (b) Each report required by subsection (a) shall also
24 include—
† HR 2617 EAS2
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1 (1) the title, date, and location, of each activity
2 and exercise covered by the report;
3 (2) an identification of the military department
4 and units that participated in each such activity or
5 exercise (including an estimate of the number of par-
6 ticipants);
7 (3) the total cost of the activity or exercise, by
8 budget line item (with a breakdown by cost element
9 such as transportation); and
10 (4) a short explanation of the objective of the ac-
11 tivity or exercise.
12 (c) The report required by subsection (a) shall be sub-
13 mitted in unclassified form, but may include a classified
14 annex.
15 SEC. 8130. Not later than 15 days after the date on
16 which any foreign base that involves the stationing or oper-
17 ations of the United States Armed Forces, including a tem-
18 porary base, permanent base, or base owned and operated
19 by a foreign country, is opened or closed, the Secretary of
20 Defense shall notify the congressional defense committees in
21 writing of the opening or closing of such base: Provided,
22 That such notification shall also include information on
23 any personnel changes, costs, and savings associated with
24 the opening or closing of such base.
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1 SEC. 8131. None of the funds made available by this
2 Act may be used with respect to Iraq in contravention of
3 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
4 ing for the introduction of United States Armed Forces into
5 hostilities in Iraq, into situations in Iraq where imminent
6 involvement in hostilities is clearly indicated by the cir-
7 cumstances, or into Iraqi territory, airspace, or waters
8 while equipped for combat, in contravention of the congres-
9 sional consultation and reporting requirements of sections
10 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
11 SEC. 8132. None of the funds made available by this
12 Act may be used with respect to Syria in contravention of
13 the War Powers Resolution (50 U.S.C. 1541 et seq.), includ-
14 ing for the introduction of United States armed or military
15 forces into hostilities in Syria, into situations in Syria
16 where imminent involvement in hostilities is clearly indi-
17 cated by the circumstances, or into Syrian territory, air-
18 space, or waters while equipped for combat, in contraven-
19 tion of the congressional consultation and reporting require-
20 ments of sections 3 and 4 of that law (50 U.S.C. 1542 and
21 1543).
22 SEC. 8133. Nothing in this Act may be construed as
23 authorizing the use of force against Iran or the Democratic
24 People’s Republic of Korea.
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1 SEC. 8134. None of the funds appropriated or other-
2 wise made available by this or any other Act shall be obli-
3 gated or expended by the United States Government for a
4 purpose as follows:
5 (1) To establish any military installation or base
6 for the purpose of providing for the permanent sta-
7 tioning of United States Armed Forces in Iraq.
8 (2) To exercise United States control over any
9 oil resource of Iraq or Syria.
10 SEC. 8135. None of the funds made available by this
11 Act under the heading ‘‘Counter-ISIS Train and Equip
12 Fund’’, and under the heading ‘‘Operation and Mainte-
13 nance, Defense-Wide’’ for Department of Defense security
14 cooperation grant programs, may be used to procure or
15 transfer man-portable air defense systems.
16 SEC. 8136. Up to $500,000,000 of funds appropriated
17 by this Act for the Defense Security Cooperation Agency
18 in ‘‘Operation and Maintenance, Defense-Wide’’ may be
19 used to provide assistance to the Government of Jordan to
20 support the armed forces of Jordan and to enhance security
21 along its borders.
22 SEC. 8137. None of the funds made available by this
23 Act may be used to support any activity conducted by, or
24 associated with, the Wuhan Institute of Virology.
† HR 2617 EAS2
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1 SEC. 8138. None of the funds made available by this
2 Act may be used to provide arms, training, or other assist-
3 ance to the Azov Battalion.
4 SEC. 8139. None of the funds appropriated or other-
5 wise made available in this or any other Act may be used
6 to transfer, release, or assist in the transfer or release to
7 or within the United States, its territories, or possessions
8 Khalid Sheikh Mohammed or any other detainee who—
9 (1) is not a United States citizen or a member
10 of the Armed Forces of the United States; and
11 (2) is or was held on or after June 24, 2009, at
12 United States Naval Station, Guantánamo Bay,
13 Cuba, by the Department of Defense.
14 SEC. 8140. None of the funds appropriated or other-
15 wise made available in this Act may be used to transfer
16 any individual detained at United States Naval Station
17 Guantánamo Bay, Cuba, to the custody or control of the
18 individual’s country of origin, any other foreign country,
19 or any other foreign entity except in accordance with sec-
20 tion 1034 of the National Defense Authorization Act for Fis-
21 cal Year 2016 (Public Law 114–92) and section 1035 of
22 the John S. McCain National Defense Authorization Act for
23 Fiscal Year 2019 (Public Law 115–232).
24 SEC. 8141. (a) None of the funds appropriated or oth-
25 erwise made available in this or any other Act may be used
† HR 2617 EAS2
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1 to construct, acquire, or modify any facility in the United
2 States, its territories, or possessions to house any individual
3 described in subsection (c) for the purposes of detention or
4 imprisonment in the custody or under the effective control
5 of the Department of Defense.
6 (b) The prohibition in subsection (a) shall not apply
7 to any modification of facilities at United States Naval
8 Station, Guantánamo Bay, Cuba.
9 (c) An individual described in this subsection is any
10 individual who, as of June 24, 2009, is located at United
11 States Naval Station, Guantánamo Bay, Cuba, and who—
12 (1) is not a citizen of the United States or a
13 member of the Armed Forces of the United States; and
14 (2) is—
15 (A) in the custody or under the effective
16 control of the Department of Defense; or
17 (B) otherwise under detention at United
18 States Naval Station, Guantánamo Bay, Cuba.
19 SEC. 8142. None of the funds made available by this
20 Act may be used to carry out the closure or realignment
21 of the United States Naval Station, Guantánamo Bay,
22 Cuba.
23 SEC. 8143. None of the funds made available by this
24 Act may be used to fund any work to be performed by
25 EcoHealth Alliance, Inc. in China on research supported
† HR 2617 EAS2
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1 by the government of China unless the Secretary of Defense
2 determines that a waiver to such prohibition is in the na-
3 tional security interests of the United States and, not later
4 than 14 days after granting such a waiver, submits to the
5 congressional defense committees a detailed justification for
6 the waiver, including—
7 (1) an identification of the Department of De-
8 fense entity obligating or expending the funds;
9 (2) an identification of the amount of such
10 funds;
11 (3) an identification of the intended purpose of
12 such funds;
13 (4) an identification of the recipient or prospec-
14 tive recipient of such funds (including any third-
15 party entity recipient, as applicable);
16 (5) an explanation for how the waiver is in the
17 national security interests of the United States; and
18 (6) any other information the Secretary deter-
19 mines appropriate.
20 SEC. 8144. (a) Within 45 days of enactment of this
21 Act, the Secretary of Defense shall allocate amounts made
22 available from the Creating Helpful Incentives to Produce
23 Semiconductors (CHIPS) for America Defense Fund for fis-
24 cal year 2023 pursuant to the transfer authority in section
25 102(b)(1) of the CHIPS Act of 2022 (division A of Public
† HR 2617 EAS2
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1 Law 117–167), to the account specified, in the amounts
2 specified, and for the projects and activities specified, in
3 the table titled ‘‘Department of Defense Allocation of Funds:
4 CHIPS and Science Act Fiscal Year 2023’’ in the explana-
5 tory statement described in section 4 (in the matter pre-
6 ceding division A of this consolidated Act).
7 (b) Neither the President nor his designee may allocate
8 any amounts that are made available for any fiscal year
9 under section 102(b)(2) of the CHIPS Act of 2022 if there
10 is in effect an Act making or continuing appropriations
11 for part of a fiscal year for the Department of Defense: Pro-
12 vided, That in any fiscal year, the matter preceding this
13 proviso shall not apply to the allocation, apportionment,
14 or allotment of amounts for continuing administration of
15 programs allocated using funds transferred from the
16 CHIPS for America Defense Fund, which may be allocated
17 pursuant to the transfer authority in section 102(b)(1) of
18 the CHIPS Act of 2022 only in amounts that are no more
19 than the allocation for such purposes in subsection (a) of
20 this section.
21 (c) The Secretary of Defense may reallocate funds allo-
22 cated by subsection (a) of this section, subject to the terms
23 and conditions contained in the provisos in section 8005
24 of this Act: Provided, That amounts may be reallocated pur-
25 suant to this subsection only for those requirements nec-
† HR 2617 EAS2
401
1 essary to carry out section 9903(b) of the William M. (Mac)
2 Thornberry National Defense Authorization Act for Fiscal
3 Year 2021 (Public Law 116–283).
4 (d) Concurrent with the annual budget submission of
5 the President for fiscal year 2024, the Secretary of Defense
6 shall submit to the Committees on Appropriations of the
7 House of Representatives and the Senate proposed alloca-
8 tions by account and by program, project, or activity, with
9 detailed justifications, for amounts made available under
10 section 102(b)(2) of the CHIPS Act of 2022 for fiscal year
11 2024.
12 (e) The Department of Defense shall provide the Com-
13 mittees on Appropriations of the House of Representatives
14 and Senate quarterly reports on the status of balances of
15 projects and activities funded by the CHIPS for America
16 Defense Fund for amounts allocated pursuant to subsection
17 (a) of this section, including all uncommitted, committed,
18 and unobligated funds.
19 SEC. 8145. The Secretary of the Navy shall continue
20 to provide pay and allowances to Lieutenant Ridge Alkonis,
21 United States Navy, until such time as the Secretary of
22 the Navy makes a determination with respect to the separa-
23 tion of Lieutenant Alkonis from the Navy.
24 This division may be cited as the ‘‘Department of De-
25 fense Appropriations Act, 2023’’.
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1 DIVISION D—ENERGY AND WATER DEVEL-
2 OPMENT AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2023
4 TITLE I
5 CORPS OF ENGINEERS—CIVIL
6 DEPARTMENT OF THE ARMY
7 CORPS OF ENGINEERS—CIVIL
8 The following appropriations shall be expended under
9 the direction of the Secretary of the Army and the super-
10 vision of the Chief of Engineers for authorized civil func-
11 tions of the Department of the Army pertaining to river
12 and harbor, flood and storm damage reduction, shore pro-
13 tection, aquatic ecosystem restoration, and related efforts.
14 INVESTIGATIONS
15 For expenses necessary where authorized by law for the
16 collection and study of basic information pertaining to
17 river and harbor, flood and storm damage reduction, shore
18 protection, aquatic ecosystem restoration, and related needs;
19 for surveys and detailed studies, and plans and specifica-
20 tions of proposed river and harbor, flood and storm damage
21 reduction, shore protection, and aquatic ecosystem restora-
22 tion projects, and related efforts prior to construction; for
23 restudy of authorized projects; and for miscellaneous inves-
24 tigations, and, when authorized by law, surveys and de-
25 tailed studies, and plans and specifications of projects prior
† HR 2617 EAS2
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1 to construction, $172,500,000, to remain available until ex-
2 pended: Provided, That the Secretary shall not deviate from
3 the work plan, once the plan has been submitted to the Com-
4 mittees on Appropriations of both Houses of Congress.
5 CONSTRUCTION
6 For expenses necessary for the construction of river
7 and harbor, flood and storm damage reduction, shore pro-
8 tection, aquatic ecosystem restoration, and related projects
9 authorized by law; for conducting detailed studies, and
10 plans and specifications, of such projects (including those
11 involving participation by States, local governments, or
12 private groups) authorized or made eligible for selection by
13 law (but such detailed studies, and plans and specifications,
14 shall not constitute a commitment of the Government to
15 construction); $1,808,800,000, to remain available until ex-
16 pended; of which $75,518,000, to be derived from the Harbor
17 Maintenance Trust Fund, shall be to cover the Federal share
18 of construction costs for facilities under the Dredged Mate-
19 rial Disposal Facilities program; and of which such sums
20 as are necessary to cover 35 percent of the costs of construc-
21 tion, replacement, rehabilitation, and expansion of inland
22 waterways projects shall be derived from the Inland Water-
23 ways Trust Fund, except as otherwise specifically provided
24 for in law: Provided, That the Secretary shall not deviate
25 from the work plan, once the plan has been submitted to
† HR 2617 EAS2
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1 the Committees on Appropriations of both Houses of Con-
2 gress.
3 MISSISSIPPI RIVER AND TRIBUTARIES
4 For expenses necessary for flood damage reduction
5 projects and related efforts in the Mississippi River alluvial
6 valley below Cape Girardeau, Missouri, as authorized by
7 law, $370,000,000, to remain available until expended, of
8 which $15,390,000, to be derived from the Harbor Mainte-
9 nance Trust Fund, shall be to cover the Federal share of
10 eligible operation and maintenance costs for inland harbors:
11 Provided, That the Secretary shall not deviate from the
12 work plan, once the plan has been submitted to the Commit-
13 tees on Appropriations of both Houses of Congress.
14 OPERATION AND MAINTENANCE
15 For expenses necessary for the operation, maintenance,
16 and care of existing river and harbor, flood and storm dam-
17 age reduction, aquatic ecosystem restoration, and related
18 projects authorized by law; providing security for infra-
19 structure owned or operated by the Corps, including admin-
20 istrative buildings and laboratories; maintaining harbor
21 channels provided by a State, municipality, or other public
22 agency that serve essential navigation needs of general com-
23 merce, where authorized by law; surveying and charting
24 northern and northwestern lakes and connecting waters;
25 clearing and straightening channels; and removing obstruc-
† HR 2617 EAS2
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1 tions to navigation, $5,078,500,000, to remain available
2 until expended, of which $2,227,092,000, to be derived from
3 the Harbor Maintenance Trust Fund, shall be to cover the
4 Federal share of eligible operations and maintenance costs
5 for coastal harbors and channels, and for inland harbors;
6 of which such sums as become available from the special
7 account for the Corps of Engineers established by the Land
8 and Water Conservation Fund Act of 1965 shall be derived
9 from that account for resource protection, research, inter-
10 pretation, and maintenance activities related to resource
11 protection in the areas at which outdoor recreation is avail-
12 able; of which such sums as become available from fees col-
13 lected under section 217 of Public Law 104–303 shall be
14 used to cover the cost of operation and maintenance of the
15 dredged material disposal facilities for which such fees have
16 been collected; and of which $56,000,000, to be derived from
17 the general fund of the Treasury, shall be to carry out sub-
18 section (c) of section 2106 of the Water Resources Reform
19 and Development Act of 2014 (33 U.S.C. 2238c) and shall
20 be designated as being for such purpose pursuant to para-
21 graph (2)(B) of section 14003 of division B of the
22 Coronavirus Aid, Relief, and Economic Security Act (Pub-
23 lic Law 116–136): Provided, That 1 percent of the total
24 amount of funds provided for each of the programs, projects,
25 or activities funded under this heading shall not be allo-
† HR 2617 EAS2
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1 cated to a field operating activity prior to the beginning
2 of the fourth quarter of the fiscal year and shall be available
3 for use by the Chief of Engineers to fund such emergency
4 activities as the Chief of Engineers determines to be nec-
5 essary and appropriate, and that the Chief of Engineers
6 shall allocate during the fourth quarter any remaining
7 funds which have not been used for emergency activities
8 proportionally in accordance with the amounts provided for
9 the programs, projects, or activities: Provided further, That
10 the Secretary shall not deviate from the work plan, once
11 the plan has been submitted to the Committees on Appro-
12 priations of both Houses of Congress.
13 REGULATORY PROGRAM
14 For expenses necessary for administration of laws per-
15 taining to regulation of navigable waters and wetlands,
16 $218,000,000, to remain available until September 30,
17 2024.
18 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
19 For expenses necessary to clean up contamination
20 from sites in the United States resulting from work per-
21 formed as part of the Nation’s early atomic energy pro-
22 gram, $400,000,000, to remain available until expended.
23 FLOOD CONTROL AND COASTAL EMERGENCIES
24 For expenses necessary to prepare for flood, hurricane,
25 and other natural disasters and support emergency oper-
† HR 2617 EAS2
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1 ations, repairs, and other activities in response to such dis-
2 asters as authorized by law, $35,000,000, to remain avail-
3 able until expended.
4 EXPENSES
5 For expenses necessary for the supervision and general
6 administration of the civil works program in the head-
7 quarters of the Corps of Engineers and the offices of the
8 Division Engineers; and for costs of management and oper-
9 ation of the Humphreys Engineer Center Support Activity,
10 the Institute for Water Resources, the United States Army
11 Engineer Research and Development Center, and the
12 United States Army Corps of Engineers Finance Center al-
13 locable to the civil works program, $215,000,000, to remain
14 available until September 30, 2024, of which not to exceed
15 $5,000 may be used for official reception and representation
16 purposes and only during the current fiscal year: Provided,
17 That no part of any other appropriation provided in this
18 title shall be available to fund the civil works activities of
19 the Office of the Chief of Engineers or the civil works execu-
20 tive direction and management activities of the division of-
21 fices: Provided further, That any Flood Control and Coastal
22 Emergencies appropriation may be used to fund the super-
23 vision and general administration of emergency operations,
24 repairs, and other activities in response to any flood, hurri-
25 cane, or other natural disaster.
† HR 2617 EAS2
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1 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR
2 CIVIL WORKS
3 For the Office of the Assistant Secretary of the Army
4 for Civil Works as authorized by 10 U.S.C. 3016(b)(3),
5 $5,000,000, to remain available until September 30, 2024:
6 Provided, That not more than 75 percent of such amount
7 may be obligated or expended until the Assistant Secretary
8 submits to the Committees on Appropriations of both
9 Houses of Congress the report required under section 101(d)
10 of this Act and a work plan that allocates at least 95 per-
11 cent of the additional funding provided under each heading
12 in the explanatory statement described in section 4 (in the
13 matter preceding division A of this consolidated Act), to
14 specific programs, projects, or activities.
15 WATER INFRASTRUCTURE FINANCE AND INNOVATION
16 PROGRAM ACCOUNT
17 For administrative expenses to carry out the direct
18 and guaranteed loan programs authorized by the Water In-
19 frastructure Finance and Innovation Act of 2014,
20 $7,200,000, to remain available until September 30, 2024.
21 GENERAL PROVISIONS—CORPS OF ENGINEERS—
22 CIVIL
23 (INCLUDING TRANSFER OF FUNDS)
24 SEC. 101. (a) None of the funds provided in title I
25 of this Act, or provided by previous appropriations Acts
† HR 2617 EAS2
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1 to the agencies or entities funded in title I of this Act that
2 remain available for obligation or expenditure in fiscal year
3 2023, shall be available for obligation or expenditure
4 through a reprogramming of funds that:
5 (1) creates or initiates a new program, project,
6 or activity;
7 (2) eliminates a program, project, or activity;
8 (3) increases funds or personnel for any pro-
9 gram, project, or activity for which funds have been
10 denied or restricted by this Act, unless prior approval
11 is received from the Committees on Appropriations of
12 both Houses of Congress;
13 (4) proposes to use funds directed for a specific
14 activity for a different purpose, unless prior approval
15 is received from the Committees on Appropriations of
16 both Houses of Congress;
17 (5) augments or reduces existing programs,
18 projects, or activities in excess of the amounts con-
19 tained in paragraphs (6) through (10), unless prior
20 approval is received from the Committees on Appro-
21 priations of both Houses of Congress;
22 (6) INVESTIGATIONS.—For a base level over
23 $100,000, reprogramming of 25 percent of the base
24 amount up to a limit of $150,000 per project, study
25 or activity is allowed: Provided, That for a base level
† HR 2617 EAS2
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1 less than $100,000, the reprogramming limit is
2 $25,000: Provided further, That up to $25,000 may be
3 reprogrammed into any continuing study or activity
4 that did not receive an appropriation for existing ob-
5 ligations and concomitant administrative expenses;
6 (7) CONSTRUCTION.—For a base level over
7 $2,000,000, reprogramming of 15 percent of the base
8 amount up to a limit of $3,000,000 per project, study
9 or activity is allowed: Provided, That for a base level
10 less than $2,000,000, the reprogramming limit is
11 $300,000: Provided further, That up to $3,000,000
12 may be reprogrammed for settled contractor claims,
13 changed conditions, or real estate deficiency judg-
14 ments: Provided further, That up to $300,000 may be
15 reprogrammed into any continuing study or activity
16 that did not receive an appropriation for existing ob-
17 ligations and concomitant administrative expenses;
18 (8) OPERATION AND MAINTENANCE.—Unlimited
19 reprogramming authority is granted for the Corps to
20 be able to respond to emergencies: Provided, That the
21 Chief of Engineers shall notify the Committees on Ap-
22 propriations of both Houses of Congress of these emer-
23 gency actions as soon thereafter as practicable: Pro-
24 vided further, That for a base level over $1,000,000,
25 reprogramming of 15 percent of the base amount up
† HR 2617 EAS2
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1 to a limit of $5,000,000 per project, study, or activity
2 is allowed: Provided further, That for a base level less
3 than $1,000,000, the reprogramming limit is
4 $150,000: Provided further, That $150,000 may be re-
5 programmed into any continuing study or activity
6 that did not receive an appropriation;
7 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The
8 reprogramming guidelines in paragraphs (6), (7),
9 and (8) shall apply to the Investigations, Construc-
10 tion, and Operation and Maintenance portions of the
11 Mississippi River and Tributaries Account, respec-
12 tively; and
13 (10) FORMERLY UTILIZED SITES REMEDIAL AC-
14 TION PROGRAM.—Reprogramming of up to 15 percent
15 of the base of the receiving project is permitted.
16 (b) DE MINIMUS REPROGRAMMINGS.—In no case
17 should a reprogramming for less than $50,000 be submitted
18 to the Committees on Appropriations of both Houses of Con-
19 gress.
20 (c) CONTINUING AUTHORITIES PROGRAM.—Subsection
21 (a)(1) shall not apply to any project or activity funded
22 under the continuing authorities program.
23 (d) Not later than 60 days after the date of enactment
24 of this Act, the Secretary shall submit a report to the Com-
25 mittees on Appropriations of both Houses of Congress to
† HR 2617 EAS2
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1 establish the baseline for application of reprogramming and
2 transfer authorities for the current fiscal year which shall
3 include:
4 (1) A table for each appropriation with a sepa-
5 rate column to display the President’s budget request,
6 adjustments made by Congress, adjustments due to
7 enacted rescissions, if applicable, and the fiscal year
8 enacted level;
9 (2) A delineation in the table for each appro-
10 priation both by object class and program, project
11 and activity as detailed in the budget appendix for
12 the respective appropriations; and
13 (3) An identification of items of special congres-
14 sional interest.
15 SEC. 102. The Secretary shall allocate funds made
16 available in this Act solely in accordance with the provi-
17 sions of this Act and in the explanatory statement described
18 in section 4 (in the matter preceding division A of this con-
19 solidated Act).
20 SEC. 103. None of the funds made available in this
21 title may be used to award or modify any contract that
22 commits funds beyond the amounts appropriated for that
23 program, project, or activity that remain unobligated, ex-
24 cept that such amounts may include any funds that have
† HR 2617 EAS2
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1 been made available through reprogramming pursuant to
2 section 101.
3 SEC. 104. The Secretary of the Army may transfer to
4 the Fish and Wildlife Service, and the Fish and Wildlife
5 Service may accept and expend, up to $5,400,000 of funds
6 provided in this title under the heading ‘‘Operation and
7 Maintenance’’ to mitigate for fisheries lost due to Corps of
8 Engineers projects.
9 SEC. 105. None of the funds in this Act shall be used
10 for an open lake placement alternative for dredged material,
11 after evaluating the least costly, environmentally acceptable
12 manner for the disposal or management of dredged material
13 originating from Lake Erie or tributaries thereto, unless it
14 is approved under a State water quality certification pur-
15 suant to section 401 of the Federal Water Pollution Control
16 Act (33 U.S.C. 1341): Provided, That until an open lake
17 placement alternative for dredged material is approved
18 under a State water quality certification, the Corps of En-
19 gineers shall continue upland placement of such dredged
20 material consistent with the requirements of section 101 of
21 the Water Resources Development Act of 1986 (33 U.S.C.
22 2211).
23 SEC. 106. None of the funds made available by this
24 Act may be used to carry out any water supply reallocation
25 study under the Wolf Creek Dam, Lake Cumberland, Ken-
† HR 2617 EAS2
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1 tucky, project authorized under the Act of July 24, 1946
2 (60 Stat. 636, ch. 595).
3 SEC. 107. None of the funds made available by this
4 Act or any other Act may be used to reorganize or to trans-
5 fer the Civil Works functions or authority of the Corps of
6 Engineers or the Secretary of the Army to another depart-
7 ment or agency.
8 SEC. 108. Additional funding provided in this Act
9 shall be allocated only to projects determined to be eligible
10 by the Chief of Engineers.
† HR 2617 EAS2
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1 TITLE II
2 DEPARTMENT OF THE INTERIOR
3 CENTRAL UTAH PROJECT
4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
5 For carrying out activities authorized by the Central
6 Utah Project Completion Act, $23,000,000, to remain avail-
7 able until expended, of which $5,000,000 shall be deposited
8 into the Utah Reclamation Mitigation and Conservation
9 Account for use by the Utah Reclamation Mitigation and
10 Conservation Commission: Provided, That of the amount
11 provided under this heading, $1,600,000 shall be available
12 until September 30, 2024, for expenses necessary in car-
13 rying out related responsibilities of the Secretary of the In-
14 terior: Provided further, That for fiscal year 2023, of the
15 amount made available to the Commission under this Act
16 or any other Act, the Commission may use an amount not
17 to exceed $1,880,000 for administrative expenses.
18 BUREAU OF RECLAMATION
19 The following appropriations shall be expended to exe-
20 cute authorized functions of the Bureau of Reclamation:
21 WATER AND RELATED RESOURCES
22 (INCLUDING TRANSFERS OF FUNDS)
23 For management, development, and restoration of
24 water and related natural resources and for related activi-
25 ties, including the operation, maintenance, and rehabilita-
† HR 2617 EAS2
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1 tion of reclamation and other facilities, participation in
2 fulfilling related Federal responsibilities to Native Ameri-
3 cans, and related grants to, and cooperative and other
4 agreements with, State and local governments, federally rec-
5 ognized Indian Tribes, and others, $1,787,151,000, to re-
6 main available until expended, of which $22,165,000 shall
7 be available for transfer to the Upper Colorado River Basin
8 Fund and $7,584,000 shall be available for transfer to the
9 Lower Colorado River Basin Development Fund; of which
10 such amounts as may be necessary may be advanced to the
11 Colorado River Dam Fund: Provided, That $500,000 shall
12 be available for transfer into the Aging Infrastructure Ac-
13 count established by section 9603(d)(1) of the Omnibus Pub-
14 lic Land Management Act of 2009, as amended (43 U.S.C.
15 510b(d)(1)): Provided further, That such transfers, except
16 for the transfer authorized by the preceding proviso, may
17 be increased or decreased within the overall appropriation
18 under this heading: Provided further, That of the total ap-
19 propriated, the amount for program activities that can be
20 financed by the Reclamation Fund, the Water Storage En-
21 hancement Receipts account established by section 4011(e)
22 of Public Law 114–322, or the Bureau of Reclamation spe-
23 cial fee account established by 16 U.S.C. 6806 shall be de-
24 rived from that Fund or account: Provided further, That
25 funds contributed under 43 U.S.C. 395 are available until
† HR 2617 EAS2
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1 expended for the purposes for which the funds were contrib-
2 uted: Provided further, That funds advanced under 43
3 U.S.C. 397a shall be credited to this account and are avail-
4 able until expended for the same purposes as the sums ap-
5 propriated under this heading: Provided further, That of
6 the amounts made available under this heading,
7 $10,000,000 shall be deposited in the San Gabriel Basin
8 Restoration Fund established by section 110 of title I of di-
9 vision B of appendix D of Public Law 106–554: Provided
10 further, That of the amounts provided herein, funds may
11 be used for high-priority projects which shall be carried out
12 by the Youth Conservation Corps, as authorized by 16
13 U.S.C. 1706: Provided further, That within available funds,
14 $250,000 shall be for grants and financial assistance for
15 educational activities: Provided further, That in accordance
16 with section 4007 of Public Law 114–322 and as rec-
17 ommended by the Secretary in a letter dated November 30,
18 2022, funding provided for such purpose in fiscal years
19 2021 and 2022 shall be made available to the Los Vaqueros
20 Reservoir Expansion Project Phase 2, and the North-of-the-
21 Delta Off Stream Storage (Sites Reservoir Project): Pro-
22 vided further, That in accordance with section 4009(a) of
23 Public Law 114–322 and as recommended by the Secretary
24 in a letter dated November 30, 2022, funding provided for
25 such purpose in fiscal year 2022 shall be made available
† HR 2617 EAS2
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1 to the El Paso Water Utilities Public Service Board: Pro-
2 vided further, That in accordance with section 4009(c) of
3 Public Law 114–322 and as recommended by the Secretary
4 in a letter dated November 30, 2022, funding provided for
5 such purpose in fiscal year 2022 shall be made available
6 to the Eastern Municipal Water District.
7 CENTRAL VALLEY PROJECT RESTORATION FUND
8 For carrying out the programs, projects, plans, habitat
9 restoration, improvement, and acquisition provisions of the
10 Central Valley Project Improvement Act, such sums as may
11 be collected in fiscal year 2023 in the Central Valley Project
12 Restoration Fund pursuant to sections 3407(d), 3404(c)(3),
13 and 3405(f) of Public Law 102–575, to remain available
14 until expended: Provided, That the Bureau of Reclamation
15 is directed to assess and collect the full amount of the addi-
16 tional mitigation and restoration payments authorized by
17 section 3407(d) of Public Law 102–575: Provided further,
18 That none of the funds made available under this heading
19 may be used for the acquisition or leasing of water for in-
20 stream purposes if the water is already committed to in-
21 stream purposes by a court adopted decree or order.
22 CALIFORNIA BAY-DELTA RESTORATION
23 (INCLUDING TRANSFERS OF FUNDS)
24 For carrying out activities authorized by the Water
25 Supply, Reliability, and Environmental Improvement Act,
† HR 2617 EAS2
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1 consistent with plans to be approved by the Secretary of
2 the Interior, $33,000,000, to remain available until ex-
3 pended, of which such amounts as may be necessary to
4 carry out such activities may be transferred to appropriate
5 accounts of other participating Federal agencies to carry
6 out authorized purposes: Provided, That funds appro-
7 priated herein may be used for the Federal share of the costs
8 of Calfed Program management: Provided further, That
9 Calfed implementation shall be carried out in a balanced
10 manner with clear performance measures demonstrating
11 concurrent progress in achieving the goals and objectives of
12 the Program.
13 POLICY AND ADMINISTRATION
14 For expenses necessary for policy, administration, and
15 related functions in the Office of the Commissioner, the
16 Denver office, and offices in the six regions of the Bureau
17 of Reclamation, to remain available until September 30,
18 2024, $65,079,000, to be derived from the Reclamation
19 Fund and be nonreimbursable as provided in 43 U.S.C.
20 377: Provided, That no part of any other appropriation in
21 this Act shall be available for activities or functions budg-
22 eted as policy and administration expenses.
† HR 2617 EAS2
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1 ADMINISTRATIVE PROVISION
2 Appropriations for the Bureau of Reclamation shall
3 be available for purchase and replacement of not to exceed
4 30 motor vehicles, which are for replacement only.
5 GENERAL PROVISIONS—DEPARTMENT OF THE
6 INTERIOR
7 SEC. 201. (a) None of the funds provided in title II
8 of this Act for Water and Related Resources, or provided
9 by previous or subsequent appropriations Acts to the agen-
10 cies or entities funded in title II of this Act for Water and
11 Related Resources that remain available for obligation or
12 expenditure in fiscal year 2023, shall be available for obli-
13 gation or expenditure through a reprogramming of funds
14 that—
15 (1) initiates or creates a new program, project,
16 or activity;
17 (2) eliminates a program, project, or activity;
18 (3) increases funds for any program, project, or
19 activity for which funds have been denied or restricted
20 by this Act, unless prior approval is received from the
21 Committees on Appropriations of both Houses of Con-
22 gress;
23 (4) restarts or resumes any program, project or
24 activity for which funds are not provided in this Act,
† HR 2617 EAS2
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1 unless prior approval is received from the Committees
2 on Appropriations of both Houses of Congress;
3 (5) transfers funds in excess of the following lim-
4 its, unless prior approval is received from the Com-
5 mittees on Appropriations of both Houses of Congress:
6 (A) 15 percent for any program, project or
7 activity for which $2,000,000 or more is avail-
8 able at the beginning of the fiscal year; or
9 (B) $400,000 for any program, project or
10 activity for which less than $2,000,000 is avail-
11 able at the beginning of the fiscal year;
12 (6) transfers more than $500,000 from either the
13 Facilities Operation, Maintenance, and Rehabilita-
14 tion category or the Resources Management and De-
15 velopment category to any program, project, or activ-
16 ity in the other category, unless prior approval is re-
17 ceived from the Committees on Appropriations of both
18 Houses of Congress; or
19 (7) transfers, where necessary to discharge legal
20 obligations of the Bureau of Reclamation, more than
21 $5,000,000 to provide adequate funds for settled con-
22 tractor claims, increased contractor earnings due to
23 accelerated rates of operations, and real estate defi-
24 ciency judgments, unless prior approval is received
† HR 2617 EAS2
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1 from the Committees on Appropriations of both
2 Houses of Congress.
3 (b) Subsection (a)(5) shall not apply to any transfer
4 of funds within the Facilities Operation, Maintenance, and
5 Rehabilitation category.
6 (c) For purposes of this section, the term ‘‘transfer’’
7 means any movement of funds into or out of a program,
8 project, or activity.
9 (d) Except as provided in subsections (a) and (b), the
10 amounts made available in this title under the heading
11 ‘‘Bureau of Reclamation—Water and Related Resources’’
12 shall be expended for the programs, projects, and activities
13 specified in the ‘‘Final Bill’’ columns in the ‘‘Water and
14 Related Resources’’ table included under the heading ‘‘Title
15 II—Department of the Interior’’ in the explanatory state-
16 ment described in section 4 (in the matter preceding divi-
17 sion A of this consolidated Act).
18 (e) The Bureau of Reclamation shall submit reports
19 on a quarterly basis to the Committees on Appropriations
20 of both Houses of Congress detailing all the funds repro-
21 grammed between programs, projects, activities, or cat-
22 egories of funding. The first quarterly report shall be sub-
23 mitted not later than 60 days after the date of enactment
24 of this Act.
† HR 2617 EAS2
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1 SEC. 202. (a) None of the funds appropriated or other-
2 wise made available by this Act may be used to determine
3 the final point of discharge for the interceptor drain for
4 the San Luis Unit until development by the Secretary of
5 the Interior and the State of California of a plan, which
6 shall conform to the water quality standards of the State
7 of California as approved by the Administrator of the Envi-
8 ronmental Protection Agency, to minimize any detrimental
9 effect of the San Luis drainage waters.
10 (b) The costs of the Kesterson Reservoir Cleanup Pro-
11 gram and the costs of the San Joaquin Valley Drainage
12 Program shall be classified by the Secretary of the Interior
13 as reimbursable or nonreimbursable and collected until fully
14 repaid pursuant to the ‘‘Cleanup Program—Alternative
15 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
16 ment Plan’’ described in the report entitled ‘‘Repayment
17 Report, Kesterson Reservoir Cleanup Program and San
18 Joaquin Valley Drainage Program, February 1995’’, pre-
19 pared by the Department of the Interior, Bureau of Rec-
20 lamation. Any future obligations of funds by the United
21 States relating to, or providing for, drainage service or
22 drainage studies for the San Luis Unit shall be fully reim-
23 bursable by San Luis Unit beneficiaries of such service or
24 studies pursuant to Federal reclamation law.
† HR 2617 EAS2
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1 SEC. 203. Section 9504(e) of the Omnibus Public Land
2 Management Act of 2009 (42 U.S.C. 10364(e)) is amended
3 by striking ‘‘$750,000,000’’ and inserting ‘‘$820,000,000’’.
4 SEC. 204. (a) Title I of Public Law 108–361 (the
5 Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as
6 amended by section 204 of division D of Public Law 117–
7 103, shall be applied by substituting ‘‘2023’’ for ‘‘2022’’
8 each place it appears.
9 (b) Section 103(f)(4)(A) of Public Law 108–361 (the
10 Calfed Bay-Delta Authorization Act) is amended by strik-
11 ing ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’.
12 SEC. 205. Section 9106(g)(2) of Public Law 111–11
13 (Omnibus Public Land Management Act of 2009) shall be
14 applied by substituting ‘‘2023’’ for ‘‘2022’’.
15 SEC. 206. (a) Section 104(c) of the Reclamation States
16 Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c))
17 shall be applied by substituting ‘‘2023’’ for ‘‘2022’’.
18 (b) Section 301 of the Reclamation States Emergency
19 Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap-
20 plied by substituting ‘‘2023’’ for ‘‘2022’’ and by substituting
21 ‘‘$130,000,000’’ for ‘‘$120,000,000’’.
22 SEC. 207. Section 529(b)(3) of the Water Resources De-
23 velopment Act of 2000 (Public Law 106–541) as amended,
24 is amended by striking ‘‘$30,000,000’’ and inserting
25 ‘‘$40,000,000’’.
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1 SEC. 208. None of the funds made available by this
2 Act may be used for pre-construction or construction activi-
3 ties for any project recommended after enactment of the En-
4 ergy and Water Development and Related Agencies Appro-
5 priations Act, 2020 and prior to enactment of this Act by
6 the Secretary of the Interior and transmitted to the appro-
7 priate committees of Congress pursuant to section 4007 of
8 the Water Infrastructure Improvements for the Nation Act
9 (Public Law 114–322) if such project is not named in this
10 Act, Public Law 116–260, or Public Law 117–43.
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1 TITLE III
2 DEPARTMENT OF ENERGY
3 ENERGY PROGRAMS
4 ENERGY EFFICIENCY AND RENEWABLE ENERGY
5 For Department of Energy expenses including the pur-
6 chase, construction, and acquisition of plant and capital
7 equipment, and other expenses necessary for energy effi-
8 ciency and renewable energy activities in carrying out the
9 purposes of the Department of Energy Organization Act (42
10 U.S.C. 7101 et seq.), including the acquisition or con-
11 demnation of any real property or any facility or for plant
12 or facility acquisition, construction, or expansion,
13 $3,460,000,000, to remain available until expended: Pro-
14 vided, That of such amount, $223,000,000 shall be available
15 until September 30, 2024, for program direction.
16 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY
17 RESPONSE
18 For Department of Energy expenses including the pur-
19 chase, construction, and acquisition of plant and capital
20 equipment, and other expenses necessary for energy sector
21 cybersecurity, energy security, and emergency response ac-
22 tivities in carrying out the purposes of the Department of
23 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
24 ing the acquisition or condemnation of any real property
25 or any facility or for plant or facility acquisition, construc-
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1 tion, or expansion, $200,000,000, to remain available until
2 expended: Provided, That of such amount, $25,143,000 shall
3 be available until September 30, 2024, for program direc-
4 tion.
5 ELECTRICITY
6 For Department of Energy expenses including the pur-
7 chase, construction, and acquisition of plant and capital
8 equipment, and other expenses necessary for electricity ac-
9 tivities in carrying out the purposes of the Department of
10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
11 ing the acquisition or condemnation of any real property
12 or any facility or for plant or facility acquisition, construc-
13 tion, or expansion, $350,000,000, to remain available until
14 expended: Provided, That of such amount, $23,000,000 shall
15 be available until September 30, 2024, for program direc-
16 tion.
17 NUCLEAR ENERGY
18 (INCLUDING TRANSFER OF FUNDS)
19 For Department of Energy expenses including the pur-
20 chase, construction, and acquisition of plant and capital
21 equipment, and other expenses necessary for nuclear energy
22 activities in carrying out the purposes of the Department
23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
24 cluding the acquisition or condemnation of any real prop-
25 erty or any facility or for plant or facility acquisition, con-
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1 struction, or expansion, $1,473,000,000, to remain avail-
2 able until expended, of which $20,000,000 shall be trans-
3 ferred to ‘‘Department of Energy—Energy Programs—
4 Science’’, for hot cells operations and maintenance: Pro-
5 vided, That of such amount, $85,000,000 shall be available
6 until September 30, 2024, for program direction: Provided
7 further, That for the purpose of section 954(a)(6) of the En-
8 ergy Policy Act of 2005, as amended, the only amount
9 available shall be from the amount specified as including
10 that purpose in the ‘‘Final Bill’’ column in the ‘‘Depart-
11 ment of Energy’’ table included under the heading ‘‘Title
12 III—Department of Energy’’ in the explanatory statement
13 described in section 4 (in the matter preceding division A
14 of this consolidated Act).
15 FOSSIL ENERGY AND CARBON MANAGEMENT
16 For Department of Energy expenses necessary in car-
17 rying out fossil energy and carbon management research
18 and development activities, under the authority of the De-
19 partment of Energy Organization Act (42 U.S.C. 7101 et
20 seq.), including the acquisition of interest, including defea-
21 sible and equitable interests in any real property or any
22 facility or for plant or facility acquisition or expansion,
23 and for conducting inquiries, technological investigations
24 and research concerning the extraction, processing, use, and
25 disposal of mineral substances without objectionable social
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1 and environmental costs (30 U.S.C. 3, 1602, and 1603),
2 $890,000,000, to remain available until expended: Pro-
3 vided, That of such amount $70,000,000 shall be available
4 until September 30, 2024, for program direction.
5 ENERGY PROJECTS
6 For Department of Energy expenses necessary in car-
7 rying out community project funding activities, under the
8 authority of the Department of Energy Organization Act
9 (42 U.S.C. 7101 et seq.), $221,968,652, to remain available
10 until expended, for projects specified in the table that ap-
11 pears under the heading ‘‘Community Project Funding and
12 Congressionally Directed Spending of Energy Projects’’ in
13 the explanatory statement described in section 4 (in the
14 matter preceding division A of this consolidated Act).
15 NAVAL PETROLEUM AND OIL SHALE RESERVES
16 For Department of Energy expenses necessary to carry
17 out naval petroleum and oil shale reserve activities,
18 $13,004,000, to remain available until expended: Provided,
19 That notwithstanding any other provision of law, unobli-
20 gated funds remaining from prior years shall be available
21 for all naval petroleum and oil shale reserve activities.
22 STRATEGIC PETROLEUM RESERVE
23 For Department of Energy expenses necessary for
24 Strategic Petroleum Reserve facility development and oper-
25 ations and program management activities pursuant to the
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1 Energy Policy and Conservation Act (42 U.S.C. 6201 et
2 seq.), $207,175,000, to remain available until expended.
3 SPR PETROLEUM ACCOUNT
4 For the acquisition, transportation, and injection of
5 petroleum products, and for other necessary expenses pursu-
6 ant to the Energy Policy and Conservation Act of 1975,
7 as amended (42 U.S.C. 6201 et seq.), sections 403 and 404
8 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239
9 note), section 32204 of the Fixing America’s Surface Trans-
10 portation Act (42 U.S.C. 6241 note), and section 30204 of
11 the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note),
12 $100,000, to remain available until expended: Provided,
13 That of the unobligated balances from amounts deposited
14 under this heading pursuant to section 167(b)(3) of the En-
15 ergy Policy and Conservation Act (42 U.S.C. 6247(b)(3)),
16 $2,052,000,000 is hereby permanently rescinded not later
17 than September 30, 2023.
18 NORTHEAST HOME HEATING OIL RESERVE
19 For Department of Energy expenses necessary for
20 Northeast Home Heating Oil Reserve storage, operation,
21 and management activities pursuant to the Energy Policy
22 and Conservation Act (42 U.S.C. 6201 et seq.), $7,000,000,
23 to remain available until expended.
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1 ENERGY INFORMATION ADMINISTRATION
2 For Department of Energy expenses necessary in car-
3 rying out the activities of the Energy Information Adminis-
4 tration, $135,000,000, to remain available until expended.
5 NON-DEFENSE ENVIRONMENTAL CLEANUP
6 For Department of Energy expenses, including the
7 purchase, construction, and acquisition of plant and cap-
8 ital equipment and other expenses necessary for non-defense
9 environmental cleanup activities in carrying out the pur-
10 poses of the Department of Energy Organization Act (42
11 U.S.C. 7101 et seq.), including the acquisition or con-
12 demnation of any real property or any facility or for plant
13 or facility acquisition, construction, or expansion, and the
14 purchase of one passenger motor vehicle, $358,583,000, to
15 remain available until expended: Provided, That in addi-
16 tion, fees collected pursuant to subsection (b)(1) of section
17 6939f of title 42, United States Code, and deposited under
18 this heading in fiscal year 2023 pursuant to section 309
19 of title III of division C of Public Law 116–94 are appro-
20 priated, to remain available until expended, for mercury
21 storage costs.
22 URANIUM ENRICHMENT DECONTAMINATION AND
23 DECOMMISSIONING FUND
24 For Department of Energy expenses necessary in car-
25 rying out uranium enrichment facility decontamination
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1 and decommissioning, remedial actions, and other activities
2 of title II of the Atomic Energy Act of 1954, and title X,
3 subtitle A, of the Energy Policy Act of 1992, $879,052,000,
4 to be derived from the Uranium Enrichment Decontamina-
5 tion and Decommissioning Fund, to remain available until
6 expended, of which $14,800,000 shall be available in accord-
7 ance with title X, subtitle A, of the Energy Policy Act of
8 1992.
9 SCIENCE
10 For Department of Energy expenses including the pur-
11 chase, construction, and acquisition of plant and capital
12 equipment, and other expenses necessary for science activi-
13 ties in carrying out the purposes of the Department of En-
14 ergy Organization Act (42 U.S.C. 7101 et seq.), including
15 the acquisition or condemnation of any real property or
16 any facility or for plant or facility acquisition, construc-
17 tion, or expansion, and purchase of not more than 35 pas-
18 senger motor vehicles, including one ambulance, for replace-
19 ment only, $8,100,000,000, to remain available until ex-
20 pended: Provided, That of such amount, $211,211,000 shall
21 be available until September 30, 2024, for program direc-
22 tion.
23 NUCLEAR WASTE DISPOSAL
24 For Department of Energy expenses necessary for nu-
25 clear waste disposal activities to carry out the purposes of
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1 the Nuclear Waste Policy Act of 1982, Public Law 97–425,
2 as amended, $10,205,000, to remain available until ex-
3 pended, which shall be derived from the Nuclear Waste
4 Fund.
5 TECHNOLOGY TRANSITIONS
6 For Department of Energy expenses necessary for car-
7 rying out the activities of technology transitions,
8 $22,098,000, to remain available until expended: Provided,
9 That of such amount, $13,183,000 shall be available until
10 September 30, 2024, for program direction.
11 CLEAN ENERGY DEMONSTRATIONS
12 For Department of Energy expenses, including the
13 purchase, construction, and acquisition of plant and cap-
14 ital equipment and other expenses necessary for clean en-
15 ergy demonstrations in carrying out the purposes of the De-
16 partment of Energy Organization Act (42 U.S.C. 7101 et
17 seq.), including the acquisition or condemnation of any real
18 property or any facility or for plant or facility acquisition,
19 construction, or expansion, $89,000,000, to remain avail-
20 able until expended: Provided, That of such amount,
21 $25,000,000 shall be available until September 30, 2024,
22 for program direction.
23 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
24 For Department of Energy expenses necessary in car-
25 rying out the activities authorized by section 5012 of the
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1 America COMPETES Act (Public Law 110–69),
2 $470,000,000, to remain available until expended: Pro-
3 vided, That of such amount, $37,000,000 shall be available
4 until September 30, 2024, for program direction.
5 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE
6 PROGRAM
7 (INCLUDING RESCISSION OF FUNDS)
8 Such sums as are derived from amounts received from
9 borrowers pursuant to section 1702(b) of the Energy Policy
10 Act of 2005 under this heading in prior Acts, shall be col-
11 lected in accordance with section 502(7) of the Congres-
12 sional Budget Act of 1974: Provided, That for necessary ad-
13 ministrative expenses of the Title 17 Innovative Technology
14 Loan Guarantee Program, as authorized, $66,206,000 is
15 appropriated, to remain available until September 30,
16 2024: Provided further, That up to $66,206,000 of fees col-
17 lected in fiscal year 2023 pursuant to section 1702(h) of
18 the Energy Policy Act of 2005 shall be credited as offsetting
19 collections under this heading and used for necessary ad-
20 ministrative expenses in this appropriation and shall re-
21 main available until September 30, 2024: Provided further,
22 That to the extent that fees collected in fiscal year 2023
23 exceed $66,206,000, those excess amounts shall be credited
24 as offsetting collections under this heading and available
25 in future fiscal years only to the extent provided in advance
† HR 2617 EAS2
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1 in appropriations Acts: Provided further, That the sum
2 herein appropriated from the general fund shall be reduced
3 (1) as such fees are received during fiscal year 2023 (esti-
4 mated at $35,000,000) and (2) to the extent that any re-
5 maining general fund appropriations can be derived from
6 fees collected in previous fiscal years that are not otherwise
7 appropriated, so as to result in a final fiscal year 2023
8 appropriation from the general fund estimated at $0: Pro-
9 vided further, That the Department of Energy shall not sub-
10 ordinate any loan obligation to other financing in violation
11 of section 1702 of the Energy Policy Act of 2005 or subordi-
12 nate any Guaranteed Obligation to any loan or other debt
13 obligations in violation of section 609.10 of title 10, Code
14 of Federal Regulations.
15 Of the unobligated balances from amounts made avail-
16 able in the first proviso of section 1425 of the Department
17 of Defense and Full-Year Continuing Appropriations Act,
18 2011 (Public Law 112–10) for the cost of loan guarantees
19 under section 1703 of the Energy Policy Act of 2005,
20 $150,000,000 are hereby permanently rescinded: Provided,
21 That, subject to section 502 of the Congressional Budget Act
22 of 1974, commitments to guarantee loans for eligible
23 projects under title XVII of the Energy Policy Act of 2005,
24 shall not exceed a total principal amount of
25 $15,000,000,000, to remain available until committed: Pro-
† HR 2617 EAS2
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1 vided further, That the amounts provided under this para-
2 graph are in addition to those provided in any other Act:
3 Provided further, That for amounts collected pursuant to
4 section 1702(b)(2) of the Energy Policy Act of 2005, the
5 source of such payment received from borrowers may not
6 be a loan or other debt obligation that is guaranteed by
7 the Federal Government: Provided further, That none of
8 such loan guarantee authority made available under this
9 paragraph shall be available for commitments to guarantee
10 loans for any projects where funds, personnel, or property
11 (tangible or intangible) of any Federal agency, instrumen-
12 tality, personnel, or affiliated entity are expected be used
13 (directly or indirectly) through acquisitions, contracts,
14 demonstrations, exchanges, grants, incentives, leases, pro-
15 curements, sales, other transaction authority, or other ar-
16 rangements, to support the project or to obtain goods or
17 services from the project: Provided further, That the pre-
18 ceding proviso shall not be interpreted as precluding the
19 use of the loan guarantee authority provided under this
20 paragraph for commitments to guarantee loans for: (1)
21 projects as a result of such projects benefitting from other-
22 wise allowable Federal income tax benefits; (2) projects as
23 a result of such projects benefitting from being located on
24 Federal land pursuant to a lease or right-of-way agreement
25 for which all consideration for all uses is: (A) paid exclu-
† HR 2617 EAS2
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1 sively in cash; (B) deposited in the Treasury as offsetting
2 receipts; and (C) equal to the fair market value as deter-
3 mined by the head of the relevant Federal agency; (3)
4 projects as a result of such projects benefitting from Federal
5 insurance programs, including under section 170 of the
6 Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly
7 known as the ‘‘Price-Anderson Act’’); or (4) electric genera-
8 tion projects using transmission facilities owned or oper-
9 ated by a Federal Power Marketing Administration or the
10 Tennessee Valley Authority that have been authorized, ap-
11 proved, and financed independent of the project receiving
12 the guarantee: Provided further, That none of the loan guar-
13 antee authority made available under this paragraph shall
14 be available for any project unless the Director of the Office
15 of Management and Budget has certified in advance in
16 writing that the loan guarantee and the project comply with
17 the provisions under this paragraph.
18 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
19 LOAN PROGRAM
20 For Department of Energy administrative expenses
21 necessary in carrying out the Advanced Technology Vehicles
22 Manufacturing Loan Program, $9,800,000, to remain
23 available until September 30, 2024.
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1 TRIBAL ENERGY LOAN GUARANTEE PROGRAM
2 For Department of Energy administrative expenses
3 necessary in carrying out the Tribal Energy Loan Guar-
4 antee Program, $2,000,000, to remain available until Sep-
5 tember 30, 2024: Provided, That in this fiscal year and sub-
6 sequent fiscal years, under section 2602(c) of the Energy
7 Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of
8 Energy may also provide direct loans, as defined in section
9 502 of the Congressional Budget Act of 1974 (2 U.S.C.
10 661a): Provided further, That such direct loans shall be
11 made through the Federal Financing Bank, with the full
12 faith and credit of the United States Government on the
13 principal and interest: Provided further, That any funds
14 previously appropriated for the cost of loan guarantees
15 under section 2602(c) of the Energy Policy Act of 1992 (25
16 U.S.C. 3502(c)) may also be used, in this fiscal year and
17 subsequent fiscal years, for the cost of direct loans provided
18 under such section of such Act: Provided further, That for
19 the cost of direct loans for the Tribal Energy Loan Guar-
20 antee Program as provided for in the preceding three pro-
21 visos and for the cost of guaranteed loans for such program
22 under section 2602(c) of the Energy Policy Act of 1992 (25
23 U.S.C. 3502(c)), $2,000,000, to remain available until ex-
24 pended: Provided further, That such costs, including the cost
† HR 2617 EAS2
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1 of modifying such loans, shall be as defined in section 502
2 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
3 INDIAN ENERGY POLICY AND PROGRAMS
4 For necessary expenses for Indian Energy activities in
5 carrying out the purposes of the Department of Energy Or-
6 ganization Act (42 U.S.C. 7101 et seq.), $75,000,000, to re-
7 main available until expended: Provided, That of the
8 amount appropriated under this heading, $14,000,000 shall
9 be available until September 30, 2024, for program direc-
10 tion.
11 DEPARTMENTAL ADMINISTRATION
12 For salaries and expenses of the Department of Energy
13 necessary for departmental administration in carrying out
14 the purposes of the Department of Energy Organization Act
15 (42 U.S.C. 7101 et seq.), $383,578,000, to remain available
16 until September 30, 2024, including the hire of passenger
17 motor vehicles and official reception and representation ex-
18 penses not to exceed $30,000, plus such additional amounts
19 as necessary to cover increases in the estimated amount of
20 cost of work for others notwithstanding the provisions of
21 the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided,
22 That such increases in cost of work are offset by revenue
23 increases of the same or greater amount: Provided further,
24 That moneys received by the Department for miscellaneous
25 revenues estimated to total $100,578,000 in fiscal year 2023
† HR 2617 EAS2
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1 may be retained and used for operating expenses within this
2 account, as authorized by section 201 of Public Law 95–
3 238, notwithstanding the provisions of 31 U.S.C. 3302: Pro-
4 vided further, That the sum herein appropriated shall be
5 reduced as collections are received during the fiscal year
6 so as to result in a final fiscal year 2023 appropriation
7 from the general fund estimated at not more than
8 $283,000,000.
9 OFFICE OF THE INSPECTOR GENERAL
10 For expenses necessary for the Office of the Inspector
11 General in carrying out the provisions of the Inspector Gen-
12 eral Act of 1978, $86,000,000, to remain available until
13 September 30, 2024.
14 ATOMIC ENERGY DEFENSE ACTIVITIES
15 NATIONAL NUCLEAR SECURITY ADMINISTRATION
16 WEAPONS ACTIVITIES
17 For Department of Energy expenses, including the
18 purchase, construction, and acquisition of plant and cap-
19 ital equipment and other incidental expenses necessary for
20 atomic energy defense weapons activities in carrying out
21 the purposes of the Department of Energy Organization Act
22 (42 U.S.C. 7101 et seq.), including the acquisition or con-
23 demnation of any real property or any facility or for plant
24 or facility acquisition, construction, or expansion,
25 $17,116,119,000, to remain available until expended: Pro-
† HR 2617 EAS2
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1 vided, That of such amount, $130,070,000 shall be available
2 until September 30, 2024, for program direction.
3 DEFENSE NUCLEAR NONPROLIFERATION
4 For Department of Energy expenses, including the
5 purchase, construction, and acquisition of plant and cap-
6 ital equipment and other incidental expenses necessary for
7 defense nuclear nonproliferation activities, in carrying out
8 the purposes of the Department of Energy Organization Act
9 (42 U.S.C. 7101 et seq.), including the acquisition or con-
10 demnation of any real property or any facility or for plant
11 or facility acquisition, construction, or expansion,
12 $2,490,000,000, to remain available until expended.
13 NAVAL REACTORS
14 (INCLUDING TRANSFER OF FUNDS)
15 For Department of Energy expenses necessary for
16 naval reactors activities to carry out the Department of En-
17 ergy Organization Act (42 U.S.C. 7101 et seq.), including
18 the acquisition (by purchase, condemnation, construction,
19 or otherwise) of real property, plant, and capital equip-
20 ment, facilities, and facility expansion, $2,081,445,000, to
21 remain available until expended, of which, $99,747,000
22 shall be transferred to ‘‘Department of Energy—Energy
23 Programs—Nuclear Energy’’, for the Advanced Test Reac-
24 tor: Provided, That of such amount, $58,525,000 shall be
25 available until September 30, 2024, for program direction.
† HR 2617 EAS2
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1 FEDERAL SALARIES AND EXPENSES
2 For expenses necessary for Federal Salaries and Ex-
3 penses in the National Nuclear Security Administration,
4 $475,000,000, to remain available until September 30,
5 2024, including official reception and representation ex-
6 penses not to exceed $17,000.
7 ENVIRONMENTAL AND OTHER DEFENSE
8 ACTIVITIES
9 DEFENSE ENVIRONMENTAL CLEANUP
10 For Department of Energy expenses, including the
11 purchase, construction, and acquisition of plant and cap-
12 ital equipment and other expenses necessary for atomic en-
13 ergy defense environmental cleanup activities in carrying
14 out the purposes of the Department of Energy Organization
15 Act (42 U.S.C. 7101 et seq.), including the acquisition or
16 condemnation of any real property or any facility or for
17 plant or facility acquisition, construction, or expansion,
18 $7,025,000,000, to remain available until expended: Pro-
19 vided, That of such amount, $317,002,000 shall be available
20 until September 30, 2024, for program direction.
21 DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND
22 DECOMMISSIONING
23 (INCLUDING TRANSFER OF FUNDS)
24 For an additional amount for atomic energy defense
25 environmental cleanup activities for Department of Energy
† HR 2617 EAS2
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1 contributions for uranium enrichment decontamination
2 and decommissioning activities, $586,035,000, to be depos-
3 ited into the Defense Environmental Cleanup account,
4 which shall be transferred to the ‘‘Uranium Enrichment De-
5 contamination and Decommissioning Fund’’.
6 OTHER DEFENSE ACTIVITIES
7 For Department of Energy expenses, including the
8 purchase, construction, and acquisition of plant and cap-
9 ital equipment and other expenses, necessary for atomic en-
10 ergy defense, other defense activities, and classified activi-
11 ties, in carrying out the purposes of the Department of En-
12 ergy Organization Act (42 U.S.C. 7101 et seq.), including
13 the acquisition or condemnation of any real property or
14 any facility or for plant or facility acquisition, construc-
15 tion, or expansion, $1,035,000,000, to remain available
16 until expended: Provided, That of such amount,
17 $364,734,000 shall be available until September 30, 2024,
18 for program direction.
19 POWER MARKETING ADMINISTRATIONS
20 BONNEVILLE POWER ADMINISTRATION FUND
21 Expenditures from the Bonneville Power Administra-
22 tion Fund, established pursuant to Public Law 93–454, are
23 approved for the Colville Tribes Residents Fish Hatchery
24 Expansion, Chief Joseph Hatchery Water Quality Project,
25 and Umatilla Hatchery Facility Project and, in addition,
† HR 2617 EAS2
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1 for official reception and representation expenses in an
2 amount not to exceed $5,000: Provided, That during fiscal
3 year 2023, no new direct loan obligations may be made.
4 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
5 ADMINISTRATION
6 For expenses necessary for operation and maintenance
7 of power transmission facilities and for marketing electric
8 power and energy, including transmission wheeling and
9 ancillary services, pursuant to section 5 of the Flood Con-
10 trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
11 eastern power area, $8,173,000, including official reception
12 and representation expenses in an amount not to exceed
13 $1,500, to remain available until expended: Provided, That
14 notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
15 Control Act of 1944, up to $8,173,000 collected by the
16 Southeastern Power Administration from the sale of power
17 and related services shall be credited to this account as dis-
18 cretionary offsetting collections, to remain available until
19 expended for the sole purpose of funding the annual ex-
20 penses of the Southeastern Power Administration: Provided
21 further, That the sum herein appropriated for annual ex-
22 penses shall be reduced as collections are received during
23 the fiscal year so as to result in a final fiscal year 2023
24 appropriation estimated at not more than $0: Provided fur-
25 ther, That notwithstanding 31 U.S.C. 3302, up to
† HR 2617 EAS2
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1 $78,696,000 collected by the Southeastern Power Adminis-
2 tration pursuant to the Flood Control Act of 1944 to recover
3 purchase power and wheeling expenses shall be credited to
4 this account as offsetting collections, to remain available
5 until expended for the sole purpose of making purchase
6 power and wheeling expenditures: Provided further, That
7 for purposes of this appropriation, annual expenses means
8 expenditures that are generally recovered in the same year
9 that they are incurred (excluding purchase power and
10 wheeling expenses).
11 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
12 ADMINISTRATION
13 For expenses necessary for operation and maintenance
14 of power transmission facilities and for marketing electric
15 power and energy, for construction and acquisition of
16 transmission lines, substations and appurtenant facilities,
17 and for administrative expenses, including official recep-
18 tion and representation expenses in an amount not to ex-
19 ceed $1,500 in carrying out section 5 of the Flood Control
20 Act of 1944 (16 U.S.C. 825s), as applied to the South-
21 western Power Administration, $53,488,000, to remain
22 available until expended: Provided, That notwithstanding
23 31 U.S.C. 3302 and section 5 of the Flood Control Act of
24 1944 (16 U.S.C. 825s), up to $42,880,000 collected by the
25 Southwestern Power Administration from the sale of power
† HR 2617 EAS2
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1 and related services shall be credited to this account as dis-
2 cretionary offsetting collections, to remain available until
3 expended, for the sole purpose of funding the annual ex-
4 penses of the Southwestern Power Administration: Provided
5 further, That the sum herein appropriated for annual ex-
6 penses shall be reduced as collections are received during
7 the fiscal year so as to result in a final fiscal year 2023
8 appropriation estimated at not more than $10,608,000:
9 Provided further, That notwithstanding 31 U.S.C. 3302, up
10 to $70,000,000 collected by the Southwestern Power Admin-
11 istration pursuant to the Flood Control Act of 1944 to re-
12 cover purchase power and wheeling expenses shall be cred-
13 ited to this account as offsetting collections, to remain avail-
14 able until expended for the sole purpose of making purchase
15 power and wheeling expenditures: Provided further, That
16 for purposes of this appropriation, annual expenses means
17 expenditures that are generally recovered in the same year
18 that they are incurred (excluding purchase power and
19 wheeling expenses).
20 CONSTRUCTION, REHABILITATION, OPERATION AND
21 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
22 For carrying out the functions authorized by title III,
23 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
24 7152), and other related activities including conservation
25 and renewable resources programs as authorized,
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1 $299,573,000, including official reception and representa-
2 tion expenses in an amount not to exceed $1,500, to remain
3 available until expended, of which $299,573,000 shall be de-
4 rived from the Department of the Interior Reclamation
5 Fund: Provided, That notwithstanding 31 U.S.C. 3302, sec-
6 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
7 and section 1 of the Interior Department Appropriation
8 Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected
9 by the Western Area Power Administration from the sale
10 of power and related services shall be credited to this ac-
11 count as discretionary offsetting collections, to remain
12 available until expended, for the sole purpose of funding
13 the annual expenses of the Western Area Power Administra-
14 tion: Provided further, That the sum herein appropriated
15 for annual expenses shall be reduced as collections are re-
16 ceived during the fiscal year so as to result in a final fiscal
17 year 2023 appropriation estimated at not more than
18 $98,732,000, of which $98,732,000 is derived from the Rec-
19 lamation Fund: Provided further, That notwithstanding 31
20 U.S.C. 3302, up to $475,000,000 collected by the Western
21 Area Power Administration pursuant to the Flood Control
22 Act of 1944 and the Reclamation Project Act of 1939 to
23 recover purchase power and wheeling expenses shall be cred-
24 ited to this account as offsetting collections, to remain avail-
25 able until expended for the sole purpose of making purchase
† HR 2617 EAS2
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1 power and wheeling expenditures: Provided further, That
2 for purposes of this appropriation, annual expenses means
3 expenditures that are generally recovered in the same year
4 that they are incurred (excluding purchase power and
5 wheeling expenses).
6 FALCON AND AMISTAD OPERATING AND MAINTENANCE
7 FUND
8 For operation, maintenance, and emergency costs for
9 the hydroelectric facilities at the Falcon and Amistad
10 Dams, $6,330,000, to remain available until expended, and
11 to be derived from the Falcon and Amistad Operating and
12 Maintenance Fund of the Western Area Power Administra-
13 tion, as provided in section 2 of the Act of June 18, 1954
14 (68 Stat. 255): Provided, That notwithstanding the provi-
15 sions of that Act and of 31 U.S.C. 3302, up to $6,102,000
16 collected by the Western Area Power Administration from
17 the sale of power and related services from the Falcon and
18 Amistad Dams shall be credited to this account as discre-
19 tionary offsetting collections, to remain available until ex-
20 pended for the sole purpose of funding the annual expenses
21 of the hydroelectric facilities of these Dams and associated
22 Western Area Power Administration activities: Provided
23 further, That the sum herein appropriated for annual ex-
24 penses shall be reduced as collections are received during
25 the fiscal year so as to result in a final fiscal year 2023
† HR 2617 EAS2
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1 appropriation estimated at not more than $228,000: Pro-
2 vided further, That for purposes of this appropriation, an-
3 nual expenses means expenditures that are generally recov-
4 ered in the same year that they are incurred: Provided fur-
5 ther, That for fiscal year 2023, the Administrator of the
6 Western Area Power Administration may accept up to
7 $1,598,000 in funds contributed by United States power
8 customers of the Falcon and Amistad Dams for deposit into
9 the Falcon and Amistad Operating and Maintenance Fund,
10 and such funds shall be available for the purpose for which
11 contributed in like manner as if said sums had been specifi-
12 cally appropriated for such purpose: Provided further, That
13 any such funds shall be available without further appro-
14 priation and without fiscal year limitation for use by the
15 Commissioner of the United States Section of the Inter-
16 national Boundary and Water Commission for the sole pur-
17 pose of operating, maintaining, repairing, rehabilitating,
18 replacing, or upgrading the hydroelectric facilities at these
19 Dams in accordance with agreements reached between the
20 Administrator, Commissioner, and the power customers.
21 FEDERAL ENERGY REGULATORY COMMISSION
22 SALARIES AND EXPENSES
23 For expenses necessary for the Federal Energy Regu-
24 latory Commission to carry out the provisions of the De-
25 partment of Energy Organization Act (42 U.S.C. 7101 et
† HR 2617 EAS2
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1 seq.), including services as authorized by 5 U.S.C. 3109,
2 official reception and representation expenses not to exceed
3 $3,000, and the hire of passenger motor vehicles,
4 $508,400,000, to remain available until expended: Pro-
5 vided, That notwithstanding any other provision of law, not
6 to exceed $508,400,000 of revenues from fees and annual
7 charges, and other services and collections in fiscal year
8 2023 shall be retained and used for expenses necessary in
9 this account, and shall remain available until expended:
10 Provided further, That the sum herein appropriated from
11 the general fund shall be reduced as revenues are received
12 during fiscal year 2023 so as to result in a final fiscal year
13 2023 appropriation from the general fund estimated at not
14 more than $0.
15 GENERAL PROVISIONS—DEPARTMENT OF
16 ENERGY
17 SEC. 301. (a) No appropriation, funds, or authority
18 made available by this title for the Department of Energy
19 shall be used to initiate or resume any program, project,
20 or activity or to prepare or initiate Requests For Proposals
21 or similar arrangements (including Requests for
22 Quotations, Requests for Information, and Funding Oppor-
23 tunity Announcements) for a program, project, or activity
24 if the program, project, or activity has not been funded by
25 Congress.
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1 (b)(1) Unless the Secretary of Energy notifies the Com-
2 mittees on Appropriations of both Houses of Congress at
3 least 3 full business days in advance, none of the funds
4 made available in this title may be used to—
5 (A) make a grant allocation or discretionary
6 grant award totaling $1,000,000 or more;
7 (B) make a discretionary contract award or
8 Other Transaction Agreement totaling $1,000,000 or
9 more, including a contract covered by the Federal Ac-
10 quisition Regulation;
11 (C) issue a letter of intent to make an allocation,
12 award, or Agreement in excess of the limits in sub-
13 paragraph (A) or (B); or
14 (D) announce publicly the intention to make an
15 allocation, award, or Agreement in excess of the limits
16 in subparagraph (A) or (B).
17 (2) The Secretary of Energy shall submit to the Com-
18 mittees on Appropriations of both Houses of Congress with-
19 in 15 days of the conclusion of each quarter a report detail-
20 ing each grant allocation or discretionary grant award to-
21 taling less than $1,000,000 provided during the previous
22 quarter.
23 (3) The notification required by paragraph (1) and the
24 report required by paragraph (2) shall include the recipient
25 of the award, the amount of the award, the fiscal year for
† HR 2617 EAS2
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1 which the funds for the award were appropriated, the ac-
2 count and program, project, or activity from which the
3 funds are being drawn, the title of the award, and a brief
4 description of the activity for which the award is made.
5 (c) The Department of Energy may not, with respect
6 to any program, project, or activity that uses budget au-
7 thority made available in this title under the heading ‘‘De-
8 partment of Energy—Energy Programs’’, enter into a
9 multiyear contract, award a multiyear grant, or enter into
10 a multiyear cooperative agreement unless—
11 (1) the contract, grant, or cooperative agreement
12 is funded for the full period of performance as antici-
13 pated at the time of award; or
14 (2) the contract, grant, or cooperative agreement
15 includes a clause conditioning the Federal Govern-
16 ment’s obligation on the availability of future year
17 budget authority and the Secretary notifies the Com-
18 mittees on Appropriations of both Houses of Congress
19 at least 3 days in advance.
20 (d) Except as provided in subsections (e), (f), and (g),
21 the amounts made available by this title shall be expended
22 as authorized by law for the programs, projects, and activi-
23 ties specified in the ‘‘Final Bill’’ column in the ‘‘Depart-
24 ment of Energy’’ table included under the heading ‘‘Title
25 III—Department of Energy’’ in the explanatory statement
† HR 2617 EAS2
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1 described in section 4 (in the matter preceding division A
2 of this consolidated Act).
3 (e) The amounts made available by this title may be
4 reprogrammed for any program, project, or activity, and
5 the Department shall notify, and obtain the prior approval
6 of, the Committees on Appropriations of both Houses of
7 Congress at least 30 days prior to the use of any proposed
8 reprogramming that would cause any program, project, or
9 activity funding level to increase or decrease by more than
10 $5,000,000 or 10 percent, whichever is less, during the time
11 period covered by this Act.
12 (f) None of the funds provided in this title shall be
13 available for obligation or expenditure through a re-
14 programming of funds that—
15 (1) creates, initiates, or eliminates a program,
16 project, or activity;
17 (2) increases funds or personnel for any pro-
18 gram, project, or activity for which funds are denied
19 or restricted by this Act; or
20 (3) reduces funds that are directed to be used for
21 a specific program, project, or activity by this Act.
22 (g)(1) The Secretary of Energy may waive any re-
23 quirement or restriction in this section that applies to the
24 use of funds made available for the Department of Energy
25 if compliance with such requirement or restriction would
† HR 2617 EAS2
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1 pose a substantial risk to human health, the environment,
2 welfare, or national security.
3 (2) The Secretary of Energy shall notify the Commit-
4 tees on Appropriations of both Houses of Congress of any
5 waiver under paragraph (1) as soon as practicable, but not
6 later than 3 days after the date of the activity to which
7 a requirement or restriction would otherwise have applied.
8 Such notice shall include an explanation of the substantial
9 risk under paragraph (1) that permitted such waiver.
10 (h) The unexpended balances of prior appropriations
11 provided for activities in this Act may be available to the
12 same appropriation accounts for such activities established
13 pursuant to this title. Available balances may be merged
14 with funds in the applicable established accounts and there-
15 after may be accounted for as one fund for the same time
16 period as originally enacted.
17 SEC. 302. Funds appropriated by this or any other
18 Act, or made available by the transfer of funds in this Act,
19 for intelligence activities are deemed to be specifically au-
20 thorized by the Congress for purposes of section 504 of the
21 National Security Act of 1947 (50 U.S.C. 3094) during fis-
22 cal year 2023 until the enactment of the Intelligence Au-
23 thorization Act for fiscal year 2023.
24 SEC. 303. None of the funds made available in this
25 title shall be used for the construction of facilities classified
† HR 2617 EAS2
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1 as high-hazard nuclear facilities under 10 CFR Part 830
2 unless independent oversight is conducted by the Office of
3 Enterprise Assessments to ensure the project is in compli-
4 ance with nuclear safety requirements.
5 SEC. 304. None of the funds made available in this
6 title may be used to approve critical decision-2 or critical
7 decision-3 under Department of Energy Order 413.3B, or
8 any successive departmental guidance, for construction
9 projects where the total project cost exceeds $100,000,000,
10 until a separate independent cost estimate has been devel-
11 oped for the project for that critical decision.
12 SEC. 305. Notwithstanding section 161 of the Energy
13 Policy and Conservation Act (42 U.S.C. 6241), upon a de-
14 termination by the President in this fiscal year that a re-
15 gional supply shortage of refined petroleum product of sig-
16 nificant scope and duration exists, that a severe increase
17 in the price of refined petroleum product will likely result
18 from such shortage, and that a draw down and sale of re-
19 fined petroleum product would assist directly and signifi-
20 cantly in reducing the adverse impact of such shortage, the
21 Secretary of Energy may draw down and sell refined petro-
22 leum product from the Strategic Petroleum Reserve. Pro-
23 ceeds from a sale under this section shall be deposited into
24 the SPR Petroleum Account established in section 167 of
25 the Energy Policy and Conservation Act (42 U.S.C. 6247),
† HR 2617 EAS2
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1 and such amounts shall be available for obligation, without
2 fiscal year limitation, consistent with that section.
3 SEC. 306. No funds shall be transferred directly from
4 ‘‘Department of Energy—Power Marketing Administra-
5 tion—Colorado River Basins Power Marketing Fund, West-
6 ern Area Power Administration’’ to the general fund of the
7 Treasury in the current fiscal year.
8 SEC. 307. All unavailable collections currently in the
9 United States Enrichment Corporation Fund shall be
10 transferred to and merged with the Uranium Enrichment
11 Decontamination and Decommissioning Fund and shall be
12 available only to the extent provided in advance in appro-
13 priations Acts.
14 SEC. 308. Subparagraphs (B) and (C) of section
15 40401(a)(2) of Public Law 117–58, paragraph (3) of section
16 1702(r) of the Energy Policy Act of 2005 (42 U.S.C.
17 16512(r)(3)) as added by section 40401(c)(2)(C) of Public
18 Law 117–58, and subsection (l) of section 136 of the Energy
19 Independence and Security Act of 2007 (42 U.S.C.
20 17013(l)), are hereby repealed.
21 SEC. 309. (a) Hereafter, for energy development, dem-
22 onstration, and deployment programs funded under De-
23 partment of Energy appropriations (other than those for
24 the National Nuclear Security Administration and Office
25 of Environmental Management) provided for fiscal year
† HR 2617 EAS2
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1 2022, the current fiscal year, or any fiscal year thereafter
2 (including by Acts other than appropriations Acts), the Sec-
3 retary may vest unconditional title or other property inter-
4 ests acquired under projects in an award recipient, sub-
5 recipient, or successor in interest, including the United
6 States, at the conclusion of the award period for projects
7 receiving an initial award in fiscal year 2022 or later.
8 (b) Upon vesting unconditional title pursuant to sub-
9 section (a) in an award recipient, subrecipient, or successor
10 in interest other than the United States, the United States
11 shall have no liabilities or obligations to the property.
12 (c) For purposes of this section, the term ‘‘property
13 interest’’ does not include any interest in intellectual prop-
14 erty developed using funding provided under a project.
15 SEC. 310. None of the funds made available in this
16 title may be used to support a grant allocation award, dis-
17 cretionary grant award, or cooperative agreement that ex-
18 ceeds $100,000,000 in Federal funding unless the project is
19 carried out through internal independent project manage-
20 ment procedures.
† HR 2617 EAS2
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1 TITLE IV
2 INDEPENDENT AGENCIES
3 APPALACHIAN REGIONAL COMMISSION
4 For expenses necessary to carry out the programs au-
5 thorized by the Appalachian Regional Development Act of
6 1965, as amended, and for expenses necessary for the Fed-
7 eral Co-Chairman and the Alternate on the Appalachian
8 Regional Commission, for payment of the Federal share of
9 the administrative expenses of the Commission, including
10 services as authorized by 5 U.S.C. 3109, and hire of pas-
11 senger motor vehicles, $200,000,000, to remain available
12 until expended.
13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD
14 SALARIES AND EXPENSES
15 For expenses necessary for the Defense Nuclear Facili-
16 ties Safety Board in carrying out activities authorized by
17 the Atomic Energy Act of 1954, as amended by Public Law
18 100–456, section 1441, $41,401,000, to remain available
19 until September 30, 2024, of which not to exceed $1,000
20 shall be available for official reception and representation
21 expenses.
22 DELTA REGIONAL AUTHORITY
23 SALARIES AND EXPENSES
24 For expenses necessary for the Delta Regional Author-
25 ity and to carry out its activities, as authorized by the
† HR 2617 EAS2
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1 Delta Regional Authority Act of 2000, notwithstanding sec-
2 tions 382F(d), 382M, and 382N of said Act, $30,100,000,
3 to remain available until expended.
4 DENALI COMMISSION
5 For expenses necessary for the Denali Commission in-
6 cluding the purchase, construction, and acquisition of plant
7 and capital equipment as necessary and other expenses,
8 $17,000,000, to remain available until expended, notwith-
9 standing the limitations contained in section 306(g) of the
10 Denali Commission Act of 1998: Provided, That funds shall
11 be available for construction projects for which the Denali
12 Commission is the sole or primary funding source in an
13 amount not to exceed 80 percent of total project cost for
14 distressed communities, as defined by section 307 of the
15 Denali Commission Act of 1998 (division C, title III, Pub-
16 lic Law 105–277), as amended by section 701 of appendix
17 D, title VII, Public Law 106–113 (113 Stat. 1501A–280),
18 and an amount not to exceed 50 percent for non-distressed
19 communities: Provided further, That notwithstanding any
20 other provision of law regarding payment of a non-Federal
21 share in connection with a grant-in-aid program, amounts
22 under this heading shall be available for the payment of
23 such a non-Federal share for any project for which the
24 Denali Commission is not the sole or primary funding
† HR 2617 EAS2
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1 source, provided that such project is consistent with the pur-
2 poses of the Commission.
3 NORTHERN BORDER REGIONAL COMMISSION
4 For expenses necessary for the Northern Border Re-
5 gional Commission in carrying out activities authorized by
6 subtitle V of title 40, United States Code, $40,000,000, to
7 remain available until expended: Provided, That such
8 amounts shall be available for administrative expenses, not-
9 withstanding section 15751(b) of title 40, United States
10 Code.
11 SOUTHEAST CRESCENT REGIONAL COMMISSION
12 For expenses necessary for the Southeast Crescent Re-
13 gional Commission in carrying out activities authorized by
14 subtitle V of title 40, United States Code, $20,000,000, to
15 remain available until expended.
16 SOUTHWEST BORDER REGIONAL COMMISSION
17 For expenses necessary for the Southwest Border Re-
18 gional Commission in carrying out activities authorized by
19 subtitle V of title 40, United States Code, $5,000,000, to
20 remain available until expended.
21 NUCLEAR REGULATORY COMMISSION
22 SALARIES AND EXPENSES
23 For expenses necessary for the Commission in carrying
24 out the purposes of the Energy Reorganization Act of 1974
25 and the Atomic Energy Act of 1954, $911,384,000, includ-
† HR 2617 EAS2
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1 ing official representation expenses not to exceed $25,000,
2 to remain available until expended: Provided, That of the
3 amount appropriated herein, not more than $9,500,000
4 may be made available for salaries, travel, and other sup-
5 port costs for the Office of the Commission, to remain avail-
6 able until September 30, 2024: Provided further, That reve-
7 nues from licensing fees, inspection services, and other serv-
8 ices and collections estimated at $777,498,000 in fiscal year
9 2023 shall be retained and used for necessary salaries and
10 expenses in this account, notwithstanding 31 U.S.C. 3302,
11 and shall remain available until expended: Provided fur-
12 ther, That the sum herein appropriated shall be reduced by
13 the amount of revenues received during fiscal year 2023 so
14 as to result in a final fiscal year 2023 appropriation esti-
15 mated at not more than $133,886,000.
16 OFFICE OF INSPECTOR GENERAL
17 For expenses necessary for the Office of Inspector Gen-
18 eral in carrying out the provisions of the Inspector General
19 Act of 1978, $15,769,000, to remain available until Sep-
20 tember 30, 2024: Provided, That revenues from licensing
21 fees, inspection services, and other services and collections
22 estimated at $12,655,000 in fiscal year 2023 shall be re-
23 tained and be available until September 30, 2024, for nec-
24 essary salaries and expenses in this account, notwith-
25 standing section 3302 of title 31, United States Code: Pro-
† HR 2617 EAS2
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1 vided further, That the sum herein appropriated shall be
2 reduced by the amount of revenues received during fiscal
3 year 2023 so as to result in a final fiscal year 2023 appro-
4 priation estimated at not more than $3,114,000: Provided
5 further, That of the amounts appropriated under this head-
6 ing, $1,520,000 shall be for Inspector General services for
7 the Defense Nuclear Facilities Safety Board.
8 NUCLEAR WASTE TECHNICAL REVIEW BOARD
9 SALARIES AND EXPENSES
10 For expenses necessary for the Nuclear Waste Tech-
11 nical Review Board, as authorized by Public Law 100–203,
12 section 5051, $3,945,000, to be derived from the Nuclear
13 Waste Fund, to remain available until September 30, 2024.
14 GENERAL PROVISIONS—INDEPENDENT
15 AGENCIES
16 SEC. 401. The Nuclear Regulatory Commission shall
17 comply with the July 5, 2011, version of Chapter VI of its
18 Internal Commission Procedures when responding to Con-
19 gressional requests for information, consistent with Depart-
20 ment of Justice guidance for all Federal agencies.
21 SEC. 402. (a) The amounts made available by this title
22 for the Nuclear Regulatory Commission may be repro-
23 grammed for any program, project, or activity, and the
24 Commission shall notify the Committees on Appropriations
25 of both Houses of Congress at least 30 days prior to the
† HR 2617 EAS2
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1 use of any proposed reprogramming that would cause any
2 program funding level to increase or decrease by more than
3 $500,000 or 10 percent, whichever is less, during the time
4 period covered by this Act.
5 (b)(1) The Nuclear Regulatory Commission may waive
6 the notification requirement in subsection (a) if compliance
7 with such requirement would pose a substantial risk to
8 human health, the environment, welfare, or national secu-
9 rity.
10 (2) The Nuclear Regulatory Commission shall notify
11 the Committees on Appropriations of both Houses of Con-
12 gress of any waiver under paragraph (1) as soon as prac-
13 ticable, but not later than 3 days after the date of the activ-
14 ity to which a requirement or restriction would otherwise
15 have applied. Such notice shall include an explanation of
16 the substantial risk under paragraph (1) that permitted
17 such waiver and shall provide a detailed report to the Com-
18 mittees of such waiver and changes to funding levels to pro-
19 grams, projects, or activities.
20 (c) Except as provided in subsections (a), (b), and (d),
21 the amounts made available by this title for ‘‘Nuclear Regu-
22 latory Commission—Salaries and Expenses’’ shall be ex-
23 pended as directed in the explanatory statement described
24 in section 4 (in the matter preceding division A of this con-
25 solidated Act).
† HR 2617 EAS2
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1 (d) None of the funds provided for the Nuclear Regu-
2 latory Commission shall be available for obligation or ex-
3 penditure through a reprogramming of funds that increases
4 funds or personnel for any program, project, or activity for
5 which funds are denied or restricted by this Act.
6 (e) The Commission shall provide a monthly report to
7 the Committees on Appropriations of both Houses of Con-
8 gress, which includes the following for each program,
9 project, or activity, including any prior year appropria-
10 tions—
11 (1) total budget authority;
12 (2) total unobligated balances; and
13 (3) total unliquidated obligations.
† HR 2617 EAS2
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1 TITLE V
2 GENERAL PROVISIONS
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 501. None of the funds appropriated by this Act
5 may be used in any way, directly or indirectly, to influence
6 congressional action on any legislation or appropriation
7 matters pending before Congress, other than to commu-
8 nicate to Members of Congress as described in 18 U.S.C.
9 1913.
10 SEC. 502. (a) None of the funds made available in title
11 III of this Act may be transferred to any department, agen-
12 cy, or instrumentality of the United States Government, ex-
13 cept pursuant to a transfer made by or transfer authority
14 provided in this Act or any other appropriations Act for
15 any fiscal year, transfer authority referenced in the explan-
16 atory statement described in section 4 (in the matter pre-
17 ceding division A of this consolidated Act), or any authority
18 whereby a department, agency, or instrumentality of the
19 United States Government may provide goods or services
20 to another department, agency, or instrumentality.
21 (b) None of the funds made available for any depart-
22 ment, agency, or instrumentality of the United States Gov-
23 ernment may be transferred to accounts funded in title III
24 of this Act, except pursuant to a transfer made by or trans-
25 fer authority provided in this Act or any other appropria-
† HR 2617 EAS2
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1 tions Act for any fiscal year, transfer authority referenced
2 in the explanatory statement described in section 4 (in the
3 matter preceding division A of this consolidated Act), or
4 any authority whereby a department, agency, or instru-
5 mentality of the United States Government may provide
6 goods or services to another department, agency, or instru-
7 mentality.
8 (c) The head of any relevant department or agency
9 funded in this Act utilizing any transfer authority shall
10 submit to the Committees on Appropriations of both Houses
11 of Congress a semiannual report detailing the transfer au-
12 thorities, except for any authority whereby a department,
13 agency, or instrumentality of the United States Government
14 may provide goods or services to another department, agen-
15 cy, or instrumentality, used in the previous 6 months and
16 in the year-to-date. This report shall include the amounts
17 transferred and the purposes for which they were trans-
18 ferred, and shall not replace or modify existing notification
19 requirements for each authority.
20 SEC. 503. None of the funds made available by this
21 Act may be used in contravention of Executive Order No.
22 12898 of February 11, 1994 (Federal Actions to Address
23 Environmental Justice in Minority Populations and Low-
24 Income Populations).
† HR 2617 EAS2
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1 SEC. 504. (a) None of the funds made available in this
2 Act may be used to maintain or establish a computer net-
3 work unless such network blocks the viewing, downloading,
4 and exchanging of pornography.
5 (b) Nothing in subsection (a) shall limit the use of
6 funds necessary for any Federal, State, Tribal, or local law
7 enforcement agency or any other entity carrying out crimi-
8 nal investigations, prosecution, or adjudication activities.
9 This division may be cited as the ‘‘Energy and Water
10 Development and Related Agencies Appropriations Act,
11 2023’’.
† HR 2617 EAS2
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1 DIVISION E—FINANCIAL SERVICES AND
2 GENERAL GOVERNMENT APPROPRIA-
3 TIONS ACT, 2023
4 TITLE I
5 DEPARTMENT OF THE TREASURY
6 DEPARTMENTAL OFFICES
7 SALARIES AND EXPENSES
8 For necessary expenses of the Departmental Offices in-
9 cluding operation and maintenance of the Treasury Build-
10 ing and Freedman’s Bank Building; hire of passenger
11 motor vehicles; maintenance, repairs, and improvements of,
12 and purchase of commercial insurance policies for, real
13 properties leased or owned overseas, when necessary for the
14 performance of official business; executive direction pro-
15 gram activities; international affairs and economic policy
16 activities; domestic finance and tax policy activities, in-
17 cluding technical assistance to State, local, and territorial
18 entities; and Treasury-wide management policies and pro-
19 grams activities, $273,882,000, of which not less than
20 $12,000,000 shall be available for the administration of fi-
21 nancial assistance, in addition to amounts otherwise avail-
22 able for such purposes: Provided, That of the amount appro-
23 priated under this heading—
24 (1) not to exceed $350,000 is for official recep-
25 tion and representation expenses;
† HR 2617 EAS2
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1 (2) not to exceed $258,000 is for unforeseen
2 emergencies of a confidential nature to be allocated
3 and expended under the direction of the Secretary of
4 the Treasury and to be accounted for solely on the
5 Secretary’s certificate; and
6 (3) not to exceed $34,000,000 shall remain avail-
7 able until September 30, 2024, for—
8 (A) the Treasury-wide Financial Statement
9 Audit and Internal Control Program;
10 (B) information technology modernization
11 requirements;
12 (C) the audit, oversight, and administration
13 of the Gulf Coast Restoration Trust Fund;
14 (D) the development and implementation of
15 programs within the Office of Cybersecurity and
16 Critical Infrastructure Protection, including en-
17 tering into cooperative agreements;
18 (E) operations and maintenance of facili-
19 ties; and
20 (F) international operations.
21 COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
22 STATES FUND
23 (INCLUDING TRANSFER OF FUNDS)
24 For necessary expenses of the Committee on Foreign
25 Investment in the United States, $21,000,000, to remain
† HR 2617 EAS2
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1 available until expended: Provided, That the chairperson of
2 the Committee may transfer such amounts to any depart-
3 ment or agency represented on the Committee (including
4 the Department of the Treasury) subject to advance notifi-
5 cation to the Committees on Appropriations of the House
6 of Representatives and the Senate: Provided further, That
7 amounts so transferred shall remain available until ex-
8 pended for expenses of implementing section 721 of the De-
9 fense Production Act of 1950, as amended (50 U.S.C. 4565),
10 and shall be available in addition to any other funds avail-
11 able to any department or agency: Provided further, That
12 fees authorized by section 721(p) of such Act shall be cred-
13 ited to this appropriation as offsetting collections: Provided
14 further, That the total amount appropriated under this
15 heading from the general fund shall be reduced as such off-
16 setting collections are received during fiscal year 2023, so
17 as to result in a total appropriation from the general fund
18 estimated at not more than $0.
19 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
20 SALARIES AND EXPENSES
21 For the necessary expenses of the Office of Terrorism
22 and Financial Intelligence to safeguard the financial sys-
23 tem against illicit use and to combat rogue nations, ter-
24 rorist facilitators, weapons of mass destruction
25 proliferators, human rights abusers, money launderers,
† HR 2617 EAS2
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1 drug kingpins, and other national security threats,
2 $216,059,000, of which not less than $3,000,000 shall be
3 available for addressing human rights violations and cor-
4 ruption, including activities authorized by the Global
5 Magnitsky Human Rights Accountability Act (22 U.S.C.
6 2656 note): Provided, That of the amounts appropriated
7 under this heading, up to $12,000,000 shall remain avail-
8 able until September 30, 2024.
9 CYBERSECURITY ENHANCEMENT ACCOUNT
10 For salaries and expenses for enhanced cybersecurity
11 for systems operated by the Department of the Treasury,
12 $100,000,000, to remain available until September 30,
13 2025: Provided, That such funds shall supplement and not
14 supplant any other amounts made available to the Treasury
15 offices and bureaus for cybersecurity: Provided further,
16 That of the total amount made available under this heading
17 $6,000,000 shall be available for administrative expenses for
18 the Treasury Chief Information Officer to provide oversight
19 of the investments made under this heading: Provided fur-
20 ther, That such funds shall supplement and not supplant
21 any other amounts made available to the Treasury Chief
22 Information Officer.
† HR 2617 EAS2
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1 DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS
2 PROGRAMS
3 (INCLUDING TRANSFER OF FUNDS)
4 For development and acquisition of automatic data
5 processing equipment, software, and services and for repairs
6 and renovations to buildings owned by the Department of
7 the Treasury, $11,118,000, to remain available until Sep-
8 tember 30, 2025: Provided, That these funds shall be trans-
9 ferred to accounts and in amounts as necessary to satisfy
10 the requirements of the Department’s offices, bureaus, and
11 other organizations: Provided further, That this transfer
12 authority shall be in addition to any other transfer author-
13 ity provided in this Act: Provided further, That none of
14 the funds appropriated under this heading shall be used to
15 support or supplement ‘‘Internal Revenue Service, Oper-
16 ations Support’’ or ‘‘Internal Revenue Service, Business
17 Systems Modernization’’.
18 OFFICE OF INSPECTOR GENERAL
19 SALARIES AND EXPENSES
20 For necessary expenses of the Office of Inspector Gen-
21 eral in carrying out the provisions of the Inspector General
22 Act of 1978, $48,878,000, including hire of passenger motor
23 vehicles; of which not to exceed $100,000 shall be available
24 for unforeseen emergencies of a confidential nature, to be
25 allocated and expended under the direction of the Inspector
† HR 2617 EAS2
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1 General of the Treasury; of which up to $2,800,000 to re-
2 main available until September 30, 2024, shall be for audits
3 and investigations conducted pursuant to section 1608 of
4 the Resources and Ecosystems Sustainability, Tourist Op-
5 portunities, and Revived Economies of the Gulf Coast
6 States Act of 2012 (33 U.S.C. 1321 note); and of which
7 not to exceed $1,000 shall be available for official reception
8 and representation expenses.
9 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
10 SALARIES AND EXPENSES
11 For necessary expenses of the Treasury Inspector Gen-
12 eral for Tax Administration in carrying out the Inspector
13 General Act of 1978, as amended, including purchase and
14 hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
15 services authorized by 5 U.S.C. 3109, at such rates as may
16 be determined by the Inspector General for Tax Administra-
17 tion; $174,250,000, of which $5,000,000 shall remain avail-
18 able until September 30, 2024; of which not to exceed
19 $6,000,000 shall be available for official travel expenses; of
20 which not to exceed $500,000 shall be available for unfore-
21 seen emergencies of a confidential nature, to be allocated
22 and expended under the direction of the Inspector General
23 for Tax Administration; and of which not to exceed $1,500
24 shall be available for official reception and representation
25 expenses.
† HR 2617 EAS2
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1 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET
2 RELIEF PROGRAM
3 SALARIES AND EXPENSES
4 For necessary expenses of the Office of the Special In-
5 spector General in carrying out the provisions of the Emer-
6 gency Economic Stabilization Act of 2008 (Public Law
7 110–343), $9,000,000.
8 FINANCIAL CRIMES ENFORCEMENT NETWORK
9 SALARIES AND EXPENSES
10 For necessary expenses of the Financial Crimes En-
11 forcement Network, including hire of passenger motor vehi-
12 cles; travel and training expenses of non-Federal and for-
13 eign government personnel to attend meetings and training
14 concerned with domestic and foreign financial intelligence
15 activities, law enforcement, and financial regulation; serv-
16 ices authorized by 5 U.S.C. 3109; not to exceed $25,000 for
17 official reception and representation expenses; and for as-
18 sistance to Federal law enforcement agencies, with or with-
19 out reimbursement, $190,193,000, of which not to exceed
20 $55,000,000 shall remain available until September 30,
21 2025.
22 BUREAU OF THE FISCAL SERVICE
23 SALARIES AND EXPENSES
24 For necessary expenses of operations of the Bureau of
25 the Fiscal Service, $372,485,000; of which not to exceed
† HR 2617 EAS2
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1 $8,000,000, to remain available until September 30, 2025,
2 is for information systems modernization initiatives; and
3 of which $5,000 shall be available for official reception and
4 representation expenses.
5 In addition, $165,000, to be derived from the Oil Spill
6 Liability Trust Fund to reimburse administrative and per-
7 sonnel expenses for financial management of the Fund, as
8 authorized by section 1012 of Public Law 101–380.
9 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
10 SALARIES AND EXPENSES
11 For necessary expenses of carrying out section 1111
12 of the Homeland Security Act of 2002, including hire of
13 passenger motor vehicles, $148,863,000; of which not to ex-
14 ceed $6,000 shall be available for official reception and rep-
15 resentation expenses; and of which not to exceed $50,000
16 shall be available for cooperative research and development
17 programs for laboratory services; and provision of labora-
18 tory assistance to State and local agencies with or without
19 reimbursement: Provided, That of the amount appropriated
20 under this heading, $5,000,000 shall be for the costs of accel-
21 erating the processing of formula and label applications:
22 Provided further, That of the amount appropriated under
23 this heading, $5,000,000, to remain available until Sep-
24 tember 30, 2024, shall be for the costs associated with en-
25 forcement of and education regarding the trade practice
† HR 2617 EAS2
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1 provisions of the Federal Alcohol Administration Act (27
2 U.S.C. 201 et seq.).
3 UNITED STATES MINT
4 UNITED STATES MINT PUBLIC ENTERPRISE FUND
5 Pursuant to section 5136 of title 31, United States
6 Code, the United States Mint is provided funding through
7 the United States Mint Public Enterprise Fund for costs
8 associated with the production of circulating coins, numis-
9 matic coins, and protective services, including both oper-
10 ating expenses and capital investments: Provided, That the
11 aggregate amount of new liabilities and obligations in-
12 curred during fiscal year 2023 under such section 5136 for
13 circulating coinage and protective service capital invest-
14 ments of the United States Mint shall not exceed
15 $50,000,000.
16 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
17 FUND PROGRAM ACCOUNT
18 To carry out the Riegle Community Development and
19 Regulatory Improvement Act of 1994 (subtitle A of title I
20 of Public Law 103–325), including services authorized by
21 section 3109 of title 5, United States Code, but at rates for
22 individuals not to exceed the per diem rate equivalent to
23 the rate for EX–III, $324,000,000. Of the amount appro-
24 priated under this heading—
† HR 2617 EAS2
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1 (1) not less than $196,000,000, notwithstanding
2 section 108(e) of Public Law 103–325 (12 U.S.C.
3 4707(e)) with regard to Small and/or Emerging Com-
4 munity Development Financial Institutions Assist-
5 ance awards, is available until September 30, 2024,
6 for financial assistance and technical assistance
7 under subparagraphs (A) and (B) of section
8 108(a)(1), respectively, of Public Law 103–325 (12
9 U.S.C. 4707(a)(1)(A) and (B)), of which up to
10 $1,600,000 may be available for training and out-
11 reach under section 109 of Public Law 103–325 (12
12 U.S.C. 4708), of which up to $3,153,750 may be used
13 for the cost of direct loans, of which up to
14 $10,000,000, notwithstanding subsection (d) of section
15 108 of Public Law 103–325 (12 U.S.C. 4707(d)), may
16 be available to provide financial assistance, technical
17 assistance, training, and outreach to community de-
18 velopment financial institutions to expand invest-
19 ments that benefit individuals with disabilities, and
20 of which up to $2,000,000 shall be for the Economic
21 Mobility Corps to be operated in conjunction with the
22 Corporation for National and Community Service,
23 pursuant to 42 U.S.C. 12571: Provided, That the cost
24 of direct and guaranteed loans, including the cost of
25 modifying such loans, shall be as defined in section
† HR 2617 EAS2
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1 502 of the Congressional Budget Act of 1974: Pro-
2 vided further, That these funds are available to sub-
3 sidize gross obligations for the principal amount of
4 direct loans not to exceed $25,000,000: Provided fur-
5 ther, That of the funds provided under this para-
6 graph, excluding those made to community develop-
7 ment financial institutions to expand investments
8 that benefit individuals with disabilities and those
9 made to community development financial institu-
10 tions that serve populations living in persistent pov-
11 erty counties, the CDFI Fund shall prioritize Finan-
12 cial Assistance awards to organizations that invest
13 and lend in high-poverty areas: Provided further,
14 That for purposes of this section, the term ‘‘high-pov-
15 erty area’’ means any census tract with a poverty
16 rate of at least 20 percent as measured by the 2016–
17 2020 5-year data series available from the American
18 Community Survey of the Bureau of the Census for
19 all States and Puerto Rico or with a poverty rate of
20 at least 20 percent as measured by the 2010 Island
21 areas Decennial Census data for any territory or pos-
22 session of the United States;
23 (2) not less than $25,000,000, notwithstanding
24 section 108(e) of Public Law 103–325 (12 U.S.C.
25 4707(e)), is available until September 30, 2024, for fi-
† HR 2617 EAS2
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1 nancial assistance, technical assistance, training, and
2 outreach programs designed to benefit Native Amer-
3 ican, Native Hawaiian, and Alaska Native commu-
4 nities and provided primarily through qualified com-
5 munity development lender organizations with experi-
6 ence and expertise in community development bank-
7 ing and lending in Indian country, Native American
8 organizations, Tribes and Tribal organizations, and
9 other suitable providers;
10 (3) not less than $35,000,000 is available until
11 September 30, 2024, for the Bank Enterprise Award
12 program;
13 (4) not less than $24,000,000, notwithstanding
14 subsections (d) and (e) of section 108 of Public Law
15 103–325 (12 U.S.C. 4707(d) and (e)), is available
16 until September 30, 2024, for a Healthy Food Fi-
17 nancing Initiative to provide financial assistance,
18 technical assistance, training, and outreach to com-
19 munity development financial institutions for the
20 purpose of offering affordable financing and technical
21 assistance to expand the availability of healthy food
22 options in distressed communities;
23 (5) not less than $9,000,000 is available until
24 September 30, 2024, to provide grants for loan loss
25 reserve funds and to provide technical assistance for
† HR 2617 EAS2
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1 small dollar loan programs under section 122 of Pub-
2 lic Law 103–325 (12 U.S.C. 4719): Provided, That
3 sections 108(d) and 122(b)(2) of such Public Law
4 shall not apply to the provision of such grants and
5 technical assistance;
6 (6) up to $35,000,000 is available for adminis-
7 trative expenses, including administration of CDFI
8 Fund programs and the New Markets Tax Credit
9 Program, of which not less than $1,000,000 is for the
10 development of tools to better assess and inform CDFI
11 investment performance and CDFI program impacts,
12 and up to $300,000 is for administrative expenses to
13 carry out the direct loan program; and
14 (7) during fiscal year 2023, none of the funds
15 available under this heading are available for the
16 cost, as defined in section 502 of the Congressional
17 Budget Act of 1974, of commitments to guarantee
18 bonds and notes under section 114A of the Riegle
19 Community Development and Regulatory Improve-
20 ment Act of 1994 (12 U.S.C. 4713a): Provided, That
21 commitments to guarantee bonds and notes under
22 such section 114A shall not exceed $500,000,000: Pro-
23 vided further, That such section 114A shall remain in
24 effect until December 31, 2023: Provided further, That
25 of the funds awarded under this heading, except those
† HR 2617 EAS2
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1 provided for the Economic Mobility Corps, not less
2 than 10 percent shall be used for awards that support
3 investments that serve populations living in persistent
4 poverty counties: Provided further, That for the pur-
5 poses of this paragraph and paragraph (1), the term
6 ‘‘persistent poverty counties’’ means any county, in-
7 cluding county equivalent areas in Puerto Rico, that
8 has had 20 percent or more of its population living
9 in poverty over the past 30 years, as measured by the
10 1990 and 2000 decennial censuses and the 2016–2020
11 5-year data series available from the American Com-
12 munity Survey of the Bureau of the Census or any
13 other territory or possession of the United States that
14 has had 20 percent or more of its population living
15 in poverty over the past 30 years, as measured by the
16 1990, 2000 and 2010 Island Areas Decennial Cen-
17 suses, or equivalent data, of the Bureau of the Census.
18 INTERNAL REVENUE SERVICE
19 TAXPAYER SERVICES
20 For necessary expenses of the Internal Revenue Service
21 to provide taxpayer services, including pre-filing assistance
22 and education, filing and account services, taxpayer advo-
23 cacy services, and other services as authorized by 5 U.S.C.
24 3109, at such rates as may be determined by the Commis-
25 sioner, $2,780,606,000, of which not to exceed $100,000,000
† HR 2617 EAS2
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1 shall remain available until September 30, 2024, of which
2 not less than $11,000,000 shall be for the Tax Counseling
3 for the Elderly Program, of which not less than $26,000,000
4 shall be available for low-income taxpayer clinic grants, in-
5 cluding grants to individual clinics of up to $200,000, of
6 which not less than $40,000,000, to remain available until
7 September 30, 2024, shall be available for the Community
8 Volunteer Income Tax Assistance Matching Grants Pro-
9 gram for tax return preparation assistance, and of which
10 not less than $236,000,000 shall be available for operating
11 expenses of the Taxpayer Advocate Service: Provided, That
12 of the amounts made available for the Taxpayer Advocate
13 Service, not less than $7,000,000 shall be for identity theft
14 and refund fraud casework.
15 ENFORCEMENT
16 For necessary expenses for tax enforcement activities
17 of the Internal Revenue Service to determine and collect
18 owed taxes, to provide legal and litigation support, to con-
19 duct criminal investigations, to enforce criminal statutes
20 related to violations of internal revenue laws and other fi-
21 nancial crimes, to purchase and hire passenger motor vehi-
22 cles (31 U.S.C. 1343(b)), and to provide other services as
23 authorized by 5 U.S.C. 3109, at such rates as may be deter-
24 mined by the Commissioner, $5,437,622,000; of which not
25 to exceed $250,000,000 shall remain available until Sep-
† HR 2617 EAS2
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1 tember 30, 2024; of which not less than $60,257,000 shall
2 be for the Interagency Crime and Drug Enforcement pro-
3 gram; and of which not to exceed $25,000,000 shall be for
4 investigative technology for the Criminal Investigation Di-
5 vision: Provided, That the amount made available for inves-
6 tigative technology for the Criminal Investigation Division
7 shall be in addition to amounts made available for the
8 Criminal Investigation Division under the ‘‘Operations
9 Support’’ heading.
10 OPERATIONS SUPPORT
11 For necessary expenses to operate the Internal Revenue
12 Service to support taxpayer services and enforcement pro-
13 grams, including rent payments; facilities services; print-
14 ing; postage; physical security; headquarters and other IRS-
15 wide administration activities; research and statistics of in-
16 come; telecommunications; information technology develop-
17 ment, enhancement, operations, maintenance and security;
18 the hire of passenger motor vehicles (31 U.S.C. 1343(b));
19 the operations of the Internal Revenue Service Oversight
20 Board; and other services as authorized by 5 U.S.C. 3109,
21 at such rates as may be determined by the Commissioner;
22 $4,100,826,000, of which not to exceed $275,000,000 shall
23 remain available until September 30, 2024; of which not
24 to exceed $10,000,000 shall remain available until expended
25 for acquisition of equipment and construction, repair and
† HR 2617 EAS2
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1 renovation of facilities; of which not to exceed $1,000,000
2 shall remain available until September 30, 2025, for re-
3 search; and of which not to exceed $20,000 shall be for offi-
4 cial reception and representation expenses: Provided, That
5 not later than 30 days after the end of each quarter, the
6 Internal Revenue Service shall submit a report to the Com-
7 mittees on Appropriations of the House of Representatives
8 and the Senate and the Comptroller General of the United
9 States detailing major information technology investments
10 in the Internal Revenue Service Integrated Modernization
11 Business Plan portfolio, including detailed, plain language
12 summaries on the status of plans, costs, and results; prior
13 results and actual expenditures of the prior quarter; upcom-
14 ing deliverables and costs for the fiscal year; risks and miti-
15 gation strategies associated with ongoing work; reasons for
16 any cost or schedule variances; and total expenditures by
17 fiscal year: Provided further, That the Internal Revenue
18 Service shall include, in its budget justification for fiscal
19 year 2024, a summary of cost and schedule performance
20 information for its major information technology systems.
21 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
22 SERVICE
23 (INCLUDING TRANSFER OF FUNDS)
24 SEC. 101. Not to exceed 5 percent of the appropriation
25 made available in this Act to the Internal Revenue Service
† HR 2617 EAS2
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1 under the ‘‘Enforcement’’ heading, and not to exceed 5 per-
2 cent of any other appropriation made available in this Act
3 to the Internal Revenue Service, may be transferred to any
4 other Internal Revenue Service appropriation upon the ad-
5 vance approval of the Committees on Appropriations of the
6 House of Representatives and the Senate.
7 SEC. 102. The Internal Revenue Service shall main-
8 tain an employee training program, which shall include the
9 following topics: taxpayers’ rights, dealing courteously with
10 taxpayers, cross-cultural relations, ethics, and the impartial
11 application of tax law.
12 SEC. 103. The Internal Revenue Service shall institute
13 and enforce policies and procedures that will safeguard the
14 confidentiality of taxpayer information and protect tax-
15 payers against identity theft.
16 SEC. 104. Funds made available by this or any other
17 Act to the Internal Revenue Service shall be available for
18 improved facilities and increased staffing to provide suffi-
19 cient and effective 1–800 help line service for taxpayers. The
20 Commissioner shall continue to make improvements to the
21 Internal Revenue Service 1–800 help line service a priority
22 and allocate resources necessary to enhance the response
23 time to taxpayer communications, particularly with regard
24 to victims of tax-related crimes.
† HR 2617 EAS2
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1 SEC. 105. The Internal Revenue Service shall issue a
2 notice of confirmation of any address change relating to an
3 employer making employment tax payments, and such no-
4 tice shall be sent to both the employer’s former and new
5 address and an officer or employee of the Internal Revenue
6 Service shall give special consideration to an offer-in-com-
7 promise from a taxpayer who has been the victim of fraud
8 by a third party payroll tax preparer.
9 SEC. 106. None of the funds made available under this
10 Act may be used by the Internal Revenue Service to target
11 citizens of the United States for exercising any right guar-
12 anteed under the First Amendment to the Constitution of
13 the United States.
14 SEC. 107. None of the funds made available in this
15 Act may be used by the Internal Revenue Service to target
16 groups for regulatory scrutiny based on their ideological be-
17 liefs.
18 SEC. 108. None of funds made available by this Act
19 to the Internal Revenue Service shall be obligated or ex-
20 pended on conferences that do not adhere to the procedures,
21 verification processes, documentation requirements, and
22 policies issued by the Chief Financial Officer, Human Cap-
23 ital Office, and Agency-Wide Shared Services as a result
24 of the recommendations in the report published on May 31,
25 2013, by the Treasury Inspector General for Tax Adminis-
† HR 2617 EAS2
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1 tration entitled ‘‘Review of the August 2010 Small Busi-
2 ness/Self-Employed Division’s Conference in Anaheim,
3 California’’ (Reference Number 2013–10–037).
4 SEC. 109. None of the funds made available in this
5 Act to the Internal Revenue Service may be obligated or
6 expended—
7 (1) to make a payment to any employee under
8 a bonus, award, or recognition program; or
9 (2) under any hiring or personnel selection proc-
10 ess with respect to re-hiring a former employee;
11 unless such program or process takes into account the con-
12 duct and Federal tax compliance of such employee or former
13 employee.
14 SEC. 110. None of the funds made available by this
15 Act may be used in contravention of section 6103 of the
16 Internal Revenue Code of 1986 (relating to confidentiality
17 and disclosure of returns and return information).
18 SEC. 111. The Secretary of the Treasury (or the Sec-
19 retary’s delegate) may use the funds made available in this
20 Act, subject to such policies as the Secretary (or the Sec-
21 retary’s delegate) may establish, to utilize direct hire au-
22 thority to recruit and appoint qualified applicants, without
23 regard to any notice or preference requirements, directly to
24 positions in the competitive service to process backlogged tax
25 returns and return information.
† HR 2617 EAS2
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1 SEC. 112. Notwithstanding section 1344 of title 31,
2 United States Code, funds appropriated to the Internal
3 Revenue Service in this Act may be used to provide pas-
4 senger carrier transportation and protection between the
5 Commissioner of Internal Revenue’s residence and place of
6 employment.
7 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE
8 TREASURY
9 (INCLUDING TRANSFERS OF FUNDS)
10 SEC. 113. Appropriations to the Department of the
11 Treasury in this Act shall be available for uniforms or al-
12 lowances therefor, as authorized by law (5 U.S.C. 5901),
13 including maintenance, repairs, and cleaning; purchase of
14 insurance for official motor vehicles operated in foreign
15 countries; purchase of motor vehicles without regard to the
16 general purchase price limitations for vehicles purchased
17 and used overseas for the current fiscal year; entering into
18 contracts with the Department of State for the furnishing
19 of health and medical services to employees and their de-
20 pendents serving in foreign countries; and services author-
21 ized by 5 U.S.C. 3109.
22 SEC. 114. Not to exceed 2 percent of any appropria-
23 tions in this title made available under the headings ‘‘De-
24 partmental Offices—Salaries and Expenses’’, ‘‘Office of In-
25 spector General’’, ‘‘Special Inspector General for the Trou-
† HR 2617 EAS2
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1 bled Asset Relief Program’’, ‘‘Financial Crimes Enforce-
2 ment Network’’, ‘‘Bureau of the Fiscal Service’’, and ‘‘Alco-
3 hol and Tobacco Tax and Trade Bureau’’ may be trans-
4 ferred between such appropriations upon the advance ap-
5 proval of the Committees on Appropriations of the House
6 of Representatives and the Senate: Provided, That no trans-
7 fer under this section may increase or decrease any such
8 appropriation by more than 2 percent.
9 SEC. 115. Not to exceed 2 percent of any appropriation
10 made available in this Act to the Internal Revenue Service
11 may be transferred to the Treasury Inspector General for
12 Tax Administration’s appropriation upon the advance ap-
13 proval of the Committees on Appropriations of the House
14 of Representatives and the Senate: Provided, That no trans-
15 fer may increase or decrease any such appropriation by
16 more than 2 percent.
17 SEC. 116. None of the funds appropriated in this Act
18 or otherwise available to the Department of the Treasury
19 or the Bureau of Engraving and Printing may be used to
20 redesign the $1 Federal Reserve note.
21 SEC. 117. The Secretary of the Treasury may transfer
22 funds from the ‘‘Bureau of the Fiscal Service—Salaries and
23 Expenses’’ to the Debt Collection Fund as necessary to cover
24 the costs of debt collection: Provided, That such amounts
† HR 2617 EAS2
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1 shall be reimbursed to such salaries and expenses account
2 from debt collections received in the Debt Collection Fund.
3 SEC. 118. None of the funds appropriated or otherwise
4 made available by this or any other Act may be used by
5 the United States Mint to construct or operate any museum
6 without the explicit approval of the Committees on Appro-
7 priations of the House of Representatives and the Senate,
8 the House Committee on Financial Services, and the Senate
9 Committee on Banking, Housing, and Urban Affairs.
10 SEC. 119. None of the funds appropriated or otherwise
11 made available by this or any other Act or source to the
12 Department of the Treasury, the Bureau of Engraving and
13 Printing, and the United States Mint, individually or col-
14 lectively, may be used to consolidate any or all functions
15 of the Bureau of Engraving and Printing and the United
16 States Mint without the explicit approval of the House
17 Committee on Financial Services; the Senate Committee on
18 Banking, Housing, and Urban Affairs; and the Committees
19 on Appropriations of the House of Representatives and the
20 Senate.
21 SEC. 120. Funds appropriated by this Act, or made
22 available by the transfer of funds in this Act, for the De-
23 partment of the Treasury’s intelligence or intelligence re-
24 lated activities are deemed to be specifically authorized by
25 the Congress for purposes of section 504 of the National Se-
† HR 2617 EAS2
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1 curity Act of 1947 (50 U.S.C. 414) during fiscal year 2023
2 until the enactment of the Intelligence Authorization Act
3 for Fiscal Year 2023.
4 SEC. 121. Not to exceed $5,000 shall be made available
5 from the Bureau of Engraving and Printing’s Industrial
6 Revolving Fund for necessary official reception and rep-
7 resentation expenses.
8 SEC. 122. The Secretary of the Treasury shall submit
9 a Capital Investment Plan to the Committees on Appro-
10 priations of the House of Representatives and the Senate
11 not later than 30 days following the submission of the an-
12 nual budget submitted by the President: Provided, That
13 such Capital Investment Plan shall include capital invest-
14 ment spending from all accounts within the Department of
15 the Treasury, including but not limited to the Department-
16 wide Systems and Capital Investment Programs account,
17 Treasury Franchise Fund account, and the Treasury For-
18 feiture Fund account: Provided further, That such Capital
19 Investment Plan shall include expenditures occurring in
20 previous fiscal years for each capital investment project
21 that has not been fully completed.
22 SEC. 123. During fiscal year 2023—
23 (1) none of the funds made available in this or
24 any other Act may be used by the Department of the
25 Treasury, including the Internal Revenue Service, to
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1 issue, revise, or finalize any regulation, revenue rul-
2 ing, or other guidance not limited to a particular tax-
3 payer relating to the standard which is used to deter-
4 mine whether an organization is operated exclusively
5 for the promotion of social welfare for purposes of sec-
6 tion 501(c)(4) of the Internal Revenue Code of 1986
7 (including the proposed regulations published at 78
8 Fed. Reg. 71535 (November 29, 2013)); and
9 (2) the standard and definitions as in effect on
10 January 1, 2010, which are used to make such deter-
11 minations shall apply after the date of the enactment
12 of this Act for purposes of determining status under
13 section 501(c)(4) of such Code of organizations cre-
14 ated on, before, or after such date.
15 SEC. 124. Within 45 days after the date of enactment
16 of this Act, the Secretary of the Treasury shall submit an
17 itemized report to the Committees on Appropriations of the
18 House of Representatives and the Senate on the amount of
19 total funds charged to each office by the Franchise Fund
20 including the amount charged for each service provided by
21 the Franchise Fund to each office, a detailed description
22 of the services, a detailed explanation of how each charge
23 for each service is calculated, and a description of the role
24 customers have in governing in the Franchise Fund.
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1 SEC. 125. (a) Not later than 60 days after the end of
2 each quarter, the Office of Financial Stability and the Of-
3 fice of Financial Research shall submit reports on their ac-
4 tivities to the Committees on Appropriations of the House
5 of Representatives and the Senate, the Committee on Finan-
6 cial Services of the House of Representatives, and the Sen-
7 ate Committee on Banking, Housing, and Urban Affairs.
8 (b) The reports required under subsection (a) shall in-
9 clude—
10 (1) the obligations made during the previous
11 quarter by object class, office, and activity;
12 (2) the estimated obligations for the remainder of
13 the fiscal year by object class, office, and activity;
14 (3) the number of full-time equivalents within
15 each office during the previous quarter;
16 (4) the estimated number of full-time equivalents
17 within each office for the remainder of the fiscal year;
18 and
19 (5) actions taken to achieve the goals, objectives,
20 and performance measures of each office.
21 (c) At the request of any such Committees specified in
22 subsection (a), the Office of Financial Stability and the Of-
23 fice of Financial Research shall make officials available to
24 testify on the contents of the reports required under sub-
25 section (a).
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1 SEC. 126. In addition to amounts otherwise available,
2 there is appropriated to the Special Inspector General for
3 Pandemic Recovery, $12,000,000, to remain available until
4 expended, for necessary expenses in carrying out section
5 4018 of the Coronavirus Aid, Relief, and Economic Security
6 Act (Public Law 116–136).
7 SEC. 127. Section 127 of the Department of the Treas-
8 ury Appropriations Act, 2019 (title I of division D of Pub-
9 lic Law 116–6) is amended by inserting before the period
10 at the end the following: ‘‘, including public improvements
11 in the area around such facility to mitigate traffic impacts
12 caused by the construction and occupancy of the facility’’.
13 This title may be cited as the ‘‘Department of the
14 Treasury Appropriations Act, 2023’’.
† HR 2617 EAS2
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1 TITLE II
2 EXECUTIVE OFFICE OF THE PRESIDENT AND
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 THE WHITE HOUSE
5 SALARIES AND EXPENSES
6 For necessary expenses for the White House as author-
7 ized by law, including not to exceed $3,850,000 for services
8 as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsist-
9 ence expenses as authorized by 3 U.S.C. 105, which shall
10 be expended and accounted for as provided in that section;
11 hire of passenger motor vehicles, and travel (not to exceed
12 $100,000 to be expended and accounted for as provided by
13 3 U.S.C. 103); and not to exceed $19,000 for official recep-
14 tion and representation expenses, to be available for alloca-
15 tion within the Executive Office of the President; and for
16 necessary expenses of the Office of Policy Development, in-
17 cluding services as authorized by 5 U.S.C. 3109 and 3
18 U.S.C. 107, $77,681,000.
19 EXECUTIVE RESIDENCE AT THE WHITE HOUSE
20 OPERATING EXPENSES
21 For necessary expenses of the Executive Residence at
22 the White House, $15,609,000, to be expended and ac-
23 counted for as provided by 3 U.S.C. 105, 109, 110, and
24 112–114.
† HR 2617 EAS2
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1 REIMBURSABLE EXPENSES
2 For the reimbursable expenses of the Executive Resi-
3 dence at the White House, such sums as may be necessary:
4 Provided, That all reimbursable operating expenses of the
5 Executive Residence shall be made in accordance with the
6 provisions of this paragraph: Provided further, That, not-
7 withstanding any other provision of law, such amount for
8 reimbursable operating expenses shall be the exclusive au-
9 thority of the Executive Residence to incur obligations and
10 to receive offsetting collections, for such expenses: Provided
11 further, That the Executive Residence shall require each
12 person sponsoring a reimbursable political event to pay in
13 advance an amount equal to the estimated cost of the event,
14 and all such advance payments shall be credited to this ac-
15 count and remain available until expended: Provided fur-
16 ther, That the Executive Residence shall require the na-
17 tional committee of the political party of the President to
18 maintain on deposit $25,000, to be separately accounted for
19 and available for expenses relating to reimbursable political
20 events sponsored by such committee during such fiscal year:
21 Provided further, That the Executive Residence shall ensure
22 that a written notice of any amount owed for a reimburs-
23 able operating expense under this paragraph is submitted
24 to the person owing such amount within 60 days after such
25 expense is incurred, and that such amount is collected with-
† HR 2617 EAS2
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1 in 30 days after the submission of such notice: Provided
2 further, That the Executive Residence shall charge interest
3 and assess penalties and other charges on any such amount
4 that is not reimbursed within such 30 days, in accordance
5 with the interest and penalty provisions applicable to an
6 outstanding debt on a United States Government claim
7 under 31 U.S.C. 3717: Provided further, That each such
8 amount that is reimbursed, and any accompanying interest
9 and charges, shall be deposited in the Treasury as miscella-
10 neous receipts: Provided further, That the Executive Resi-
11 dence shall prepare and submit to the Committees on Ap-
12 propriations, by not later than 90 days after the end of
13 the fiscal year covered by this Act, a report setting forth
14 the reimbursable operating expenses of the Executive Resi-
15 dence during the preceding fiscal year, including the total
16 amount of such expenses, the amount of such total that con-
17 sists of reimbursable official and ceremonial events, the
18 amount of such total that consists of reimbursable political
19 events, and the portion of each such amount that has been
20 reimbursed as of the date of the report: Provided further,
21 That the Executive Residence shall maintain a system for
22 the tracking of expenses related to reimbursable events with-
23 in the Executive Residence that includes a standard for the
24 classification of any such expense as political or non-
25 political: Provided further, That no provision of this para-
† HR 2617 EAS2
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1 graph may be construed to exempt the Executive Residence
2 from any other applicable requirement of subchapter I or
3 II of chapter 37 of title 31, United States Code.
4 WHITE HOUSE REPAIR AND RESTORATION
5 For the repair, alteration, and improvement of the Ex-
6 ecutive Residence at the White House pursuant to 3 U.S.C.
7 105(d), $2,500,000, to remain available until expended, for
8 required maintenance, resolution of safety and health
9 issues, and continued preventative maintenance.
10 COUNCIL OF ECONOMIC ADVISERS
11 SALARIES AND EXPENSES
12 For necessary expenses of the Council of Economic Ad-
13 visers in carrying out its functions under the Employment
14 Act of 1946 (15 U.S.C. 1021 et seq.), $4,903,000.
15 NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY
16 COUNCIL
17 SALARIES AND EXPENSES
18 For necessary expenses of the National Security Coun-
19 cil and the Homeland Security Council, including services
20 as authorized by 5 U.S.C. 3109, $17,901,000, of which not
21 to exceed $10,000 shall be available for official reception
22 and representation expenses.
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1 OFFICE OF ADMINISTRATION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Office of Administration,
4 including services as authorized by 5 U.S.C. 3109 and 3
5 U.S.C. 107, and hire of passenger motor vehicles,
6 $115,463,000, of which not to exceed $12,800,000 shall re-
7 main available until expended for continued modernization
8 of information resources within the Executive Office of the
9 President: Provided, That of the amounts provided under
10 this heading, up to $7,000,000 shall be available for a pro-
11 gram to provide payments (such as stipends, subsistence al-
12 lowances, cost reimbursements, or awards) to students, re-
13 cent graduates, and veterans recently discharged from ac-
14 tive duty who are performing voluntary services in the Ex-
15 ecutive Office of the President under section 3111(b) of title
16 5, United States Code, or comparable authority and shall
17 be in addition to amounts otherwise available to pay or
18 compensate such individuals: Provided further, That such
19 payments shall not be considered compensation for purposes
20 of such section 3111(b) and may be paid in advance.
21 OFFICE OF MANAGEMENT AND BUDGET
22 SALARIES AND EXPENSES
23 For necessary expenses of the Office of Management
24 and Budget, including hire of passenger motor vehicles and
25 services as authorized by 5 U.S.C. 3109, to carry out the
† HR 2617 EAS2
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1 provisions of chapter 35 of title 44, United States Code,
2 and to prepare and submit the budget of the United States
3 Government, in accordance with section 1105(a) of title 31,
4 United States Code, $128,035,000, of which not to exceed
5 $3,000 shall be available for official representation expenses:
6 Provided, That none of the funds appropriated in this Act
7 for the Office of Management and Budget may be used for
8 the purpose of reviewing any agricultural marketing orders
9 or any activities or regulations under the provisions of the
10 Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
11 601 et seq.): Provided further, That none of the funds made
12 available for the Office of Management and Budget by this
13 Act may be expended for the altering of the transcript of
14 actual testimony of witnesses, except for testimony of offi-
15 cials of the Office of Management and Budget, before the
16 Committees on Appropriations or their subcommittees: Pro-
17 vided further, That none of the funds made available for
18 the Office of Management and Budget by this Act may be
19 expended for the altering of the annual work plan developed
20 by the Corps of Engineers for submission to the Committees
21 on Appropriations: Provided further, That none of the funds
22 provided in this or prior Acts shall be used, directly or indi-
23 rectly, by the Office of Management and Budget, for evalu-
24 ating or determining if water resource project or study re-
25 ports submitted by the Chief of Engineers acting through
† HR 2617 EAS2
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1 the Secretary of the Army are in compliance with all appli-
2 cable laws, regulations, and requirements relevant to the
3 Civil Works water resource planning process: Provided fur-
4 ther, That the Office of Management and Budget shall have
5 not more than 60 days in which to perform budgetary pol-
6 icy reviews of water resource matters on which the Chief
7 of Engineers has reported: Provided further, That the Direc-
8 tor of the Office of Management and Budget shall notify
9 the appropriate authorizing and appropriating committees
10 when the 60-day review is initiated: Provided further, That
11 if water resource reports have not been transmitted to the
12 appropriate authorizing and appropriating committees
13 within 15 days after the end of the Office of Management
14 and Budget review period based on the notification from
15 the Director, Congress shall assume Office of Management
16 and Budget concurrence with the report and act accord-
17 ingly: Provided further, That no later than 14 days after
18 the submission of the budget of the United States Govern-
19 ment for fiscal year 2024, the Director of the Office of Man-
20 agement and Budget shall make publicly available on a
21 website a tabular list for each agency that submits budget
22 justification materials (as defined in section 3 of the Fed-
23 eral Funding Accountability and Transparency Act of
24 2006) that shall include, at minimum, the name of the
25 agency, the date on which the budget justification materials
† HR 2617 EAS2
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1 of the agency were submitted to Congress, and a uniform
2 resource locator where the budget justification materials are
3 published on the website of the agency.
4 INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
5 For necessary expenses of the Office of the Intellectual
6 Property Enforcement Coordinator, as authorized by title
7 III of the Prioritizing Resources and Organization for In-
8 tellectual Property Act of 2008 (Public Law 110–403), in-
9 cluding services authorized by 5 U.S.C. 3109, $1,902,000.
10 OFFICE OF THE NATIONAL CYBER DIRECTOR
11 SALARIES AND EXPENSES
12 For necessary expenses of the Office of the National
13 Cyber Director, as authorized by section 1752 of the Wil-
14 liam M. (Mac) Thornberry National Defense Authorization
15 Act for Fiscal Year 2021 (Public Law 116–283),
16 $21,926,000, of which not to exceed $5,000 shall be available
17 for official reception and representation expenses.
18 OFFICE OF NATIONAL DRUG CONTROL POLICY
19 SALARIES AND EXPENSES
20 For necessary expenses of the Office of National Drug
21 Control Policy; for research activities pursuant to the Office
22 of National Drug Control Policy Reauthorization Act of
23 1998, as amended; not to exceed $10,000 for official recep-
24 tion and representation expenses; and for participation in
25 joint projects or in the provision of services on matters of
† HR 2617 EAS2
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1 mutual interest with nonprofit, research, or public organi-
2 zations or agencies, with or without reimbursement,
3 $21,500,000: Provided, That the Office is authorized to ac-
4 cept, hold, administer, and utilize gifts, both real and per-
5 sonal, public and private, without fiscal year limitation,
6 for the purpose of aiding or facilitating the work of the Of-
7 fice.
8 FEDERAL DRUG CONTROL PROGRAMS
9 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
10 (INCLUDING TRANSFERS OF FUNDS)
11 For necessary expenses of the Office of National Drug
12 Control Policy’s High Intensity Drug Trafficking Areas
13 Program, $302,000,000, to remain available until Sep-
14 tember 30, 2024, for drug control activities consistent with
15 the approved strategy for each of the designated High Inten-
16 sity Drug Trafficking Areas (‘‘HIDTAs’’), of which not less
17 than 51 percent shall be transferred to State and local enti-
18 ties for drug control activities and shall be obligated not
19 later than 120 days after enactment of this Act: Provided,
20 That up to 49 percent may be transferred to Federal agen-
21 cies and departments in amounts determined by the Direc-
22 tor of the Office of National Drug Control Policy, of which
23 up to $5,800,000 may be used for auditing services and as-
24 sociated activities and $1,500,000 shall be for the Grants
25 Management System for use by the Office of National Drug
† HR 2617 EAS2
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1 Control Policy: Provided further, That any unexpended
2 funds obligated prior to fiscal year 2021 may be used for
3 any other approved activities of that HIDTA, subject to re-
4 programming requirements: Provided further, That each
5 HIDTA designated as of September 30, 2022, shall be fund-
6 ed at not less than the fiscal year 2022 base level, unless
7 the Director submits to the Committees on Appropriations
8 of the House of Representatives and the Senate justification
9 for changes to those levels based on clearly articulated prior-
10 ities and published Office of National Drug Control Policy
11 performance measures of effectiveness: Provided further,
12 That the Director shall notify the Committees on Appro-
13 priations of the initial allocation of fiscal year 2023 fund-
14 ing among HIDTAs not later than 45 days after enactment
15 of this Act, and shall notify the Committees of planned uses
16 of discretionary HIDTA funding, as determined in con-
17 sultation with the HIDTA Directors, not later than 90 days
18 after enactment of this Act: Provided further, That upon
19 a determination that all or part of the funds so transferred
20 from this appropriation are not necessary for the purposes
21 provided herein and upon notification to the Committees
22 on Appropriations of the House of Representatives and the
23 Senate, such amounts may be transferred back to this ap-
24 propriation.
† HR 2617 EAS2
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1 OTHER FEDERAL DRUG CONTROL PROGRAMS
2 (INCLUDING TRANSFERS OF FUNDS)
3 For other drug control activities authorized by the
4 Anti-Drug Abuse Act of 1988 and the Office of National
5 Drug Control Policy Reauthorization Act of 1998, as
6 amended, $137,120,000, to remain available until ex-
7 pended, which shall be available as follows: $109,000,000
8 for the Drug-Free Communities Program, of which not more
9 than $12,780,000 is for administrative expenses, and of
10 which $2,500,000 shall be made available as directed by sec-
11 tion 4 of Public Law 107–82, as amended by section 8204
12 of Public Law 115–271; $3,000,000 for drug court training
13 and technical assistance; $15,250,000 for anti-doping ac-
14 tivities; up to $3,420,000 for the United States membership
15 dues to the World Anti-Doping Agency; $1,250,000 for the
16 Model Acts Program; and $5,200,000 for activities author-
17 ized by section 103 of Public Law 114–198: Provided, That
18 amounts made available under this heading may be trans-
19 ferred to other Federal departments and agencies to carry
20 out such activities: Provided further, That the Director of
21 the Office of National Drug Control Policy shall, not fewer
22 than 30 days prior to obligating funds under this heading
23 for United States membership dues to the World Anti-
24 Doping Agency, submit to the Committees on Appropria-
25 tions of the House of Representatives and the Senate a
† HR 2617 EAS2
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1 spending plan and explanation of the proposed uses of these
2 funds.
3 UNANTICIPATED NEEDS
4 For expenses necessary to enable the President to meet
5 unanticipated needs, in furtherance of the national interest,
6 security, or defense which may arise at home or abroad dur-
7 ing the current fiscal year, as authorized by 3 U.S.C. 108,
8 $1,000,000, to remain available until September 30, 2024.
9 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
10 (INCLUDING TRANSFER OF FUNDS)
11 For necessary expenses for the furtherance of inte-
12 grated, efficient, secure, and effective uses of information
13 technology in the Federal Government, $13,700,000, to re-
14 main available until expended: Provided, That the Director
15 of the Office of Management and Budget may transfer these
16 funds to one or more other agencies to carry out projects
17 to meet these purposes.
18 SPECIAL ASSISTANCE TO THE PRESIDENT
19 SALARIES AND EXPENSES
20 For necessary expenses to enable the Vice President to
21 provide assistance to the President in connection with spe-
22 cially assigned functions; services as authorized by 5 U.S.C.
23 3109 and 3 U.S.C. 106, including subsistence expenses as
24 authorized by 3 U.S.C. 106, which shall be expended and
† HR 2617 EAS2
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1 accounted for as provided in that section; and hire of pas-
2 senger motor vehicles, $6,076,000.
3 OFFICIAL RESIDENCE OF THE VICE PRESIDENT
4 OPERATING EXPENSES
5 (INCLUDING TRANSFER OF FUNDS)
6 For the care, operation, refurnishing, improvement,
7 and to the extent not otherwise provided for, heating and
8 lighting, including electric power and fixtures, of the offi-
9 cial residence of the Vice President; the hire of passenger
10 motor vehicles; and not to exceed $90,000 pursuant to 3
11 U.S.C. 106(b)(2), $321,000: Provided, That advances, re-
12 payments, or transfers from this appropriation may be
13 made to any department or agency for expenses of carrying
14 out such activities.
15 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF
16 THE PRESIDENT AND FUNDS APPROPRIATED TO THE
17 PRESIDENT
18 (INCLUDING TRANSFER OF FUNDS)
19 SEC. 201. From funds made available in this Act
20 under the headings ‘‘The White House’’, ‘‘Executive Resi-
21 dence at the White House’’, ‘‘White House Repair and Res-
22 toration’’, ‘‘Council of Economic Advisers’’, ‘‘National Se-
23 curity Council and Homeland Security Council’’, ‘‘Office
24 of Administration’’, ‘‘Special Assistance to the President’’,
25 and ‘‘Official Residence of the Vice President’’, the Director
† HR 2617 EAS2
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1 of the Office of Management and Budget (or such other offi-
2 cer as the President may designate in writing), may, with
3 advance approval of the Committees on Appropriations of
4 the House of Representatives and the Senate, transfer not
5 to exceed 10 percent of any such appropriation to any other
6 such appropriation, to be merged with and available for
7 the same time and for the same purposes as the appropria-
8 tion to which transferred: Provided, That the amount of an
9 appropriation shall not be increased by more than 50 per-
10 cent by such transfers: Provided further, That no amount
11 shall be transferred from ‘‘Special Assistance to the Presi-
12 dent’’ or ‘‘Official Residence of the Vice President’’ without
13 the approval of the Vice President.
14 SEC. 202. (a) During fiscal year 2023, any Executive
15 order or Presidential memorandum issued or revoked by the
16 President shall be accompanied by a written statement from
17 the Director of the Office of Management and Budget on
18 the budgetary impact, including costs, benefits, and reve-
19 nues, of such order or memorandum.
20 (b) Any such statement shall include—
21 (1) a narrative summary of the budgetary im-
22 pact of such order or memorandum on the Federal
23 Government;
24 (2) the impact on mandatory and discretionary
25 obligations and outlays as the result of such order or
† HR 2617 EAS2
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1 memorandum, listed by Federal agency, for each year
2 in the 5-fiscal-year period beginning in fiscal year
3 2023; and
4 (3) the impact on revenues of the Federal Gov-
5 ernment as the result of such order or memorandum
6 over the 5-fiscal-year period beginning in fiscal year
7 2023.
8 (c) If an Executive order or Presidential memorandum
9 is issued during fiscal year 2023 due to a national emer-
10 gency, the Director of the Office of Management and Budget
11 may issue the statement required by subsection (a) not later
12 than 15 days after the date that such order or memorandum
13 is issued.
14 (d) The requirement for cost estimates for Presidential
15 memoranda shall only apply for Presidential memoranda
16 estimated to have a regulatory cost in excess of
17 $100,000,000.
18 SEC. 203. Not later than 30 days after the date of en-
19 actment of this Act, the Director of the Office of Manage-
20 ment and Budget shall issue a memorandum to all Federal
21 departments, agencies, and corporations directing compli-
22 ance with the provisions in title VII of this Act.
23 SEC. 204. In fiscal year 2023 and each fiscal year
24 thereafter—(1) the Office of Management and Budget shall
25 operate and maintain the automated system required to be
† HR 2617 EAS2
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1 implemented by section 204 of the Financial Services and
2 General Government Appropriations Act, 2022 (division E
3 of Public Law 117–103) and shall continue to post each
4 document apportioning an appropriation, pursuant to sec-
5 tion 1513(b) of title 31, United States Code, including any
6 associated footnotes, in a format that qualifies each such
7 document as an open Government data asset (as that term
8 is defined in section 3502 of title 44, United States Code);
9 and (2) the requirements specified in subsection (c), the first
10 and second provisos of subsection (d)(1), and subsection
11 (d)(2) of such section 204 shall continue to apply.
12 SEC. 205. For an additional amount for ‘‘Office of Na-
13 tional Drug Control Policy—Salaries and Expenses’’,
14 $10,482,000, which shall be for initiatives in the amounts
15 and for the projects specified in the table that appears under
16 the heading ‘‘Administrative Provisions—Executive Office
17 of the President and Funds Appropriated to the President’’
18 in the explanatory statement described in section 4 (in the
19 matter preceding division A of this consolidated Act): Pro-
20 vided, That none of the funds made available by this section
21 may be transferred for any other purpose.
22 This title may be cited as the ‘‘Executive Office of the
23 President Appropriations Act, 2023’’.
† HR 2617 EAS2
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1 TITLE III
2 THE JUDICIARY
3 SUPREME COURT OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For expenses necessary for the operation of the Su-
6 preme Court, as required by law, excluding care of the
7 building and grounds, including hire of passenger motor
8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not to
9 exceed $10,000 for official reception and representation ex-
10 penses; and for miscellaneous expenses, to be expended as
11 the Chief Justice may approve, $109,551,000, of which
12 $1,500,000 shall remain available until expended.
13 In addition, there are appropriated such sums as may
14 be necessary under current law for the salaries of the chief
15 justice and associate justices of the court.
16 CARE OF THE BUILDING AND GROUNDS
17 For such expenditures as may be necessary to enable
18 the Architect of the Capitol to carry out the duties imposed
19 upon the Architect by 40 U.S.C. 6111 and 6112,
20 $29,246,000, to remain available until expended.
† HR 2617 EAS2
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL
2 CIRCUIT
3 SALARIES AND EXPENSES
4 For salaries of officers and employees, and for nec-
5 essary expenses of the court, as authorized by law,
6 $36,735,000.
7 In addition, there are appropriated such sums as may
8 be necessary under current law for the salaries of the chief
9 judge and judges of the court.
10 UNITED STATES COURT OF INTERNATIONAL TRADE
11 SALARIES AND EXPENSES
12 For salaries of officers and employees of the court, serv-
13 ices, and necessary expenses of the court, as authorized by
14 law, $21,260,000.
15 In addition, there are appropriated such sums as may
16 be necessary under current law for the salaries of the chief
17 judge and judges of the court.
18 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
19 JUDICIAL SERVICES
20 SALARIES AND EXPENSES
21 For the salaries of judges of the United States Court
22 of Federal Claims, magistrate judges, and all other officers
23 and employees of the Federal Judiciary not otherwise spe-
24 cifically provided for, necessary expenses of the courts, and
25 the purchase, rental, repair, and cleaning of uniforms for
† HR 2617 EAS2
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1 Probation and Pretrial Services Office staff, as authorized
2 by law, $5,905,055,000 (including the purchase of firearms
3 and ammunition); of which not to exceed $27,817,000 shall
4 remain available until expended for space alteration
5 projects and for furniture and furnishings related to new
6 space alteration and construction projects.
7 In addition, there are appropriated such sums as may
8 be necessary under current law for the salaries of circuit
9 and district judges (including judges of the territorial courts
10 of the United States), bankruptcy judges, and justices and
11 judges retired from office or from regular active service.
12 In addition, for expenses of the United States Court
13 of Federal Claims associated with processing cases under
14 the National Childhood Vaccine Injury Act of 1986 (Public
15 Law 99–660), not to exceed $9,975,000, to be appropriated
16 from the Vaccine Injury Compensation Trust Fund.
17 DEFENDER SERVICES
18 For the operation of Federal Defender organizations;
19 the compensation and reimbursement of expenses of attor-
20 neys appointed to represent persons under 18 U.S.C. 3006A
21 and 3599, and for the compensation and reimbursement of
22 expenses of persons furnishing investigative, expert, and
23 other services for such representations as authorized by law;
24 the compensation (in accordance with the maximums under
25 18 U.S.C. 3006A) and reimbursement of expenses of attor-
† HR 2617 EAS2
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1 neys appointed to assist the court in criminal cases where
2 the defendant has waived representation by counsel; the
3 compensation and reimbursement of expenses of attorneys
4 appointed to represent jurors in civil actions for the protec-
5 tion of their employment, as authorized by 28 U.S.C.
6 1875(d)(1); the compensation and reimbursement of ex-
7 penses of attorneys appointed under 18 U.S.C. 983(b)(1)
8 in connection with certain judicial civil forfeiture pro-
9 ceedings; the compensation and reimbursement of travel ex-
10 penses of guardians ad litem appointed under 18 U.S.C.
11 4100(b); and for necessary training and general adminis-
12 trative expenses, $1,382,680,000, to remain available until
13 expended.
14 FEES OF JURORS AND COMMISSIONERS
15 For fees and expenses of jurors as authorized by 28
16 U.S.C. 1871 and 1876; compensation of jury commissioners
17 as authorized by 28 U.S.C. 1863; and compensation of com-
18 missioners appointed in condemnation cases pursuant to
19 rule 71.1(h) of the Federal Rules of Civil Procedure (28
20 U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain
21 available until expended: Provided, That the compensation
22 of land commissioners shall not exceed the daily equivalent
23 of the highest rate payable under 5 U.S.C. 5332.
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1 COURT SECURITY
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses, not otherwise provided for, in-
4 cident to the provision of protective guard services for
5 United States courthouses and other facilities housing Fed-
6 eral court or Administrative Office of the United States
7 Courts operations, the procurement, installation, and main-
8 tenance of security systems and equipment for United
9 States courthouses and other facilities housing Federal court
10 or Administrative Office of the United States Courts oper-
11 ations, building ingress-egress control, inspection of mail
12 and packages, directed security patrols, perimeter security,
13 basic security services provided by the Federal Protective
14 Service, and other similar activities as authorized by sec-
15 tion 1010 of the Judicial Improvement and Access to Jus-
16 tice Act (Public Law 100–702), $750,163,000, of which not
17 to exceed $20,000,000 shall remain available until ex-
18 pended, to be expended directly or transferred to the United
19 States Marshals Service, which shall be responsible for ad-
20 ministering the Judicial Facility Security Program con-
21 sistent with standards or guidelines agreed to by the Direc-
22 tor of the Administrative Office of the United States Courts
23 and the Attorney General: Provided, That funds made
24 available under this heading may be used for managing a
25 Judiciary-wide program to facilitate security and emer-
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1 gency management services among the Judiciary, United
2 States Marshals Service, Federal Protective Service, Gen-
3 eral Services Administration, other Federal agencies, state
4 and local governments and the public; and, notwithstanding
5 sections 331, 566(e)(1), and 566(i) of title 28, United States
6 Code, for identifying and pursuing the voluntary redaction
7 and reduction of personally identifiable information on the
8 internet of judges and other familial relatives who live at
9 the judge’s domicile.
10 ADMINISTRATIVE OFFICE OF THE UNITED STATES
11 COURTS
12 SALARIES AND EXPENSES
13 For necessary expenses of the Administrative Office of
14 the United States Courts as authorized by law, including
15 travel as authorized by 31 U.S.C. 1345, hire of a passenger
16 motor vehicle as authorized by 31 U.S.C. 1343(b), adver-
17 tising and rent in the District of Columbia and elsewhere,
18 $102,673,000, of which not to exceed $8,500 is authorized
19 for official reception and representation expenses.
20 FEDERAL JUDICIAL CENTER
21 SALARIES AND EXPENSES
22 For necessary expenses of the Federal Judicial Center,
23 as authorized by Public Law 90–219, $34,261,000; of which
24 $1,800,000 shall remain available through September 30,
25 2024, to provide education and training to Federal court
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1 personnel; and of which not to exceed $1,500 is authorized
2 for official reception and representation expenses.
3 UNITED STATES SENTENCING COMMISSION
4 SALARIES AND EXPENSES
5 For the salaries and expenses necessary to carry out
6 the provisions of chapter 58 of title 28, United States Code,
7 $21,641,000, of which not to exceed $1,000 is authorized
8 for official reception and representation expenses.
9 ADMINISTRATIVE PROVISIONS—THE JUDICIARY
10 (INCLUDING TRANSFER OF FUNDS)
11 SEC. 301. Appropriations and authorizations made in
12 this title which are available for salaries and expenses shall
13 be available for services as authorized by 5 U.S.C. 3109.
14 SEC. 302. Not to exceed 5 percent of any appropriation
15 made available for the current fiscal year for the Judiciary
16 in this Act may be transferred between such appropriations,
17 but no such appropriation, except ‘‘Courts of Appeals, Dis-
18 trict Courts, and Other Judicial Services, Defender Serv-
19 ices’’ and ‘‘Courts of Appeals, District Courts, and Other
20 Judicial Services, Fees of Jurors and Commissioners’’, shall
21 be increased by more than 10 percent by any such transfers:
22 Provided, That any transfer pursuant to this section shall
23 be treated as a reprogramming of funds under sections 604
24 and 608 of this Act and shall not be available for obligation
† HR 2617 EAS2
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1 or expenditure except in compliance with the procedures set
2 forth in section 608.
3 SEC. 303. Notwithstanding any other provision of law,
4 the salaries and expenses appropriation for ‘‘Courts of Ap-
5 peals, District Courts, and Other Judicial Services’’ shall
6 be available for official reception and representation ex-
7 penses of the Judicial Conference of the United States: Pro-
8 vided, That such available funds shall not exceed $11,000
9 and shall be administered by the Director of the Adminis-
10 trative Office of the United States Courts in the capacity
11 as Secretary of the Judicial Conference.
12 SEC. 304. Section 3315(a) of title 40, United States
13 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘execu-
14 tive’’ each place it appears.
15 SEC. 305. In accordance with 28 U.S.C. 561–569, and
16 notwithstanding any other provision of law, the United
17 States Marshals Service shall provide, for such courthouses
18 as its Director may designate in consultation with the Di-
19 rector of the Administrative Office of the United States
20 Courts, for purposes of a pilot program, the security services
21 that 40 U.S.C. 1315 authorizes the Department of Home-
22 land Security to provide, except for the services specified
23 in 40 U.S.C. 1315(b)(2)(E). For building-specific security
24 services at these courthouses, the Director of the Administra-
25 tive Office of the United States Courts shall reimburse the
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1 United States Marshals Service rather than the Department
2 of Homeland Security.
3 SEC. 306. (a) Section 203(c) of the Judicial Improve-
4 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133
5 note), is amended in the matter following paragraph 12—
6 (1) in the second sentence (relating to the Dis-
7 trict of Kansas), by striking ‘‘31 years and 6 months’’
8 and inserting ‘‘32 years and 6 months’’; and
9 (2) in the sixth sentence (relating to the District
10 of Hawaii), by striking ‘‘28 years and 6 months’’ and
11 inserting ‘‘29 years and 6 months’’.
12 (b) Section 406 of the Transportation, Treasury,
13 Housing and Urban Development, the Judiciary, the Dis-
14 trict of Columbia, and Independent Agencies Appropria-
15 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 28
16 U.S.C. 133 note) is amended in the second sentence (relat-
17 ing to the eastern District of Missouri) by striking ‘‘29
18 years and 6 months’’ and inserting ‘‘30 years and 6
19 months’’.
20 (c) Section 312(c)(2) of the 21st Century Department
21 of Justice Appropriations Authorization Act (Public Law
22 107–273; 28 U.S.C. 133 note), is amended—
23 (1) in the first sentence by striking ‘‘20 years’’
24 and inserting ‘‘21 years’’;
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1 (2) in the second sentence (relating to the central
2 District of California), by striking ‘‘19 years and 6
3 months’’ and inserting ‘‘20 years and 6 months’’; and
4 (3) in the third sentence (relating to the western
5 district of North Carolina), by striking ‘‘18 years’’
6 and inserting ‘‘19 years’’.
7 SEC. 307. Section 677 of title 28, United States Code,
8 is amended by adding at the end the following:
9 ‘‘(d) The Counselor, with the approval of the Chief Jus-
10 tice, shall establish a retention and recruitment program
11 that is consistent with section 908 of the Emergency Sup-
12 plemental Act, 2002 (2 U.S.C. 1926) for Supreme Court
13 Police officers and other critical employees who agree in
14 writing to remain employed with the Supreme Court for
15 a period of service of not less than two years.’’.
16 SEC. 308. Section 996(b) of title 28, United States
17 Code, is amended by inserting ‘‘84 (Federal Employees’ Re-
18 tirement System),’’ after ‘‘83 (Retirement),’’.
19 This title may be cited as the ‘‘Judiciary Appropria-
20 tions Act, 2023’’.
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1 TITLE IV
2 DISTRICT OF COLUMBIA
3 FEDERAL FUNDS
4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
5 For a Federal payment to the District of Columbia,
6 to be deposited into a dedicated account, for a nationwide
7 program to be administered by the Mayor, for District of
8 Columbia resident tuition support, $40,000,000, to remain
9 available until expended: Provided, That such funds, in-
10 cluding any interest accrued thereon, may be used on behalf
11 of eligible District of Columbia residents to pay an amount
12 based upon the difference between in-State and out-of-State
13 tuition at public institutions of higher education, or to pay
14 up to $2,500 each year at eligible private institutions of
15 higher education: Provided further, That the awarding of
16 such funds may be prioritized on the basis of a resident’s
17 academic merit, the income and need of eligible students
18 and such other factors as may be authorized: Provided fur-
19 ther, That the District of Columbia government shall main-
20 tain a dedicated account for the Resident Tuition Support
21 Program that shall consist of the Federal funds appro-
22 priated to the Program in this Act and any subsequent ap-
23 propriations, any unobligated balances from prior fiscal
24 years, and any interest earned in this or any fiscal year:
25 Provided further, That the account shall be under the con-
† HR 2617 EAS2
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1 trol of the District of Columbia Chief Financial Officer, who
2 shall use those funds solely for the purposes of carrying out
3 the Resident Tuition Support Program: Provided further,
4 That the Office of the Chief Financial Officer shall provide
5 a quarterly financial report to the Committees on Appro-
6 priations of the House of Representatives and the Senate
7 for these funds showing, by object class, the expenditures
8 made and the purpose therefor.
9 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
10 SECURITY COSTS IN THE DISTRICT OF COLUMBIA
11 For a Federal payment of necessary expenses, as deter-
12 mined by the Mayor of the District of Columbia in written
13 consultation with the elected county or city officials of sur-
14 rounding jurisdictions, $30,000,000, to remain available
15 until expended, for the costs of providing public safety at
16 events related to the presence of the National Capital in
17 the District of Columbia, including support requested by
18 the Director of the United States Secret Service in carrying
19 out protective duties under the direction of the Secretary
20 of Homeland Security, and for the costs of providing sup-
21 port to respond to immediate and specific terrorist threats
22 or attacks in the District of Columbia or surrounding juris-
23 dictions.
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1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
2 COURTS
3 For salaries and expenses for the District of Columbia
4 Courts, including the transfer and hire of motor vehicles,
5 $291,068,000 to be allocated as follows: for the District of
6 Columbia Court of Appeals, $15,055,000, of which not to
7 exceed $2,500 is for official reception and representation ex-
8 penses; for the Superior Court of the District of Columbia,
9 $140,973,000, of which not to exceed $2,500 is for official
10 reception and representation expenses; for the District of
11 Columbia Court System, $88,290,000, of which not to ex-
12 ceed $2,500 is for official reception and representation ex-
13 penses; and $46,750,000, to remain available until Sep-
14 tember 30, 2024, for capital improvements for District of
15 Columbia courthouse facilities: Provided, That funds made
16 available for capital improvements shall be expended con-
17 sistent with the District of Columbia Courts master plan
18 study and facilities condition assessment: Provided further,
19 That, in addition to the amounts appropriated herein, fees
20 received by the District of Columbia Courts for admin-
21 istering bar examinations and processing District of Co-
22 lumbia bar admissions may be retained and credited to this
23 appropriation, to remain available until expended, for sala-
24 ries and expenses associated with such activities, notwith-
25 standing section 450 of the District of Columbia Home Rule
† HR 2617 EAS2
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1 Act (D.C. Official Code, sec. 1–204.50): Provided further,
2 That notwithstanding any other provision of law, all
3 amounts under this heading shall be apportioned quarterly
4 by the Office of Management and Budget and obligated and
5 expended in the same manner as funds appropriated for
6 salaries and expenses of other Federal agencies: Provided
7 further, That 30 days after providing written notice to the
8 Committees on Appropriations of the House of Representa-
9 tives and the Senate, the District of Columbia Courts may
10 reallocate not more than $9,000,000 of the funds provided
11 under this heading among the items and entities funded
12 under this heading: Provided further, That the Joint Com-
13 mittee on Judicial Administration in the District of Colum-
14 bia may, by regulation, establish a program substantially
15 similar to the program set forth in subchapter II of chapter
16 35 of title 5, United States Code, for employees of the Dis-
17 trict of Columbia Courts.
18 FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT
19 OF COLUMBIA COURTS
20 (INCLUDING RESCISSION OF FUNDS)
21 For payments authorized under section 11–2604 and
22 section 11–2605, D.C. Official Code (relating to representa-
23 tion provided under the District of Columbia Criminal Jus-
24 tice Act), payments for counsel appointed in proceedings
25 in the Family Court of the Superior Court of the District
† HR 2617 EAS2
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1 of Columbia under chapter 23 of title 16, D.C. Official
2 Code, or pursuant to contractual agreements to provide
3 guardian ad litem representation, training, technical as-
4 sistance, and such other services as are necessary to improve
5 the quality of guardian ad litem representation, payments
6 for counsel appointed in adoption proceedings under chap-
7 ter 3 of title 16, D.C. Official Code, and payments author-
8 ized under section 21–2060, D.C. Official Code (relating to
9 services provided under the District of Columbia Guardian-
10 ship, Protective Proceedings, and Durable Power of Attor-
11 ney Act of 1986), $46,005,000, to remain available until
12 expended: Provided, That funds provided under this head-
13 ing shall be administered by the Joint Committee on Judi-
14 cial Administration in the District of Columbia: Provided
15 further, That, notwithstanding any other provision of law,
16 this appropriation shall be apportioned quarterly by the Of-
17 fice of Management and Budget and obligated and expended
18 in the same manner as funds appropriated for expenses of
19 other Federal agencies: Provided further, That of the unobli-
20 gated balances from prior year appropriations made avail-
21 able under this heading, $22,000,000, are hereby rescinded
22 not later than September 30, 2023.
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1 FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
2 FENDER SUPERVISION AGENCY FOR THE DISTRICT OF
3 COLUMBIA
4 For salaries and expenses, including the transfer and
5 hire of motor vehicles, of the Court Services and Offender
6 Supervision Agency for the District of Columbia, as author-
7 ized by the National Capital Revitalization and Self-Gov-
8 ernment Improvement Act of 1997, $285,016,000, of which
9 not to exceed $2,000 is for official reception and representa-
10 tion expenses related to Community Supervision and Pre-
11 trial Services Agency programs, and of which not to exceed
12 $25,000 is for dues and assessments relating to the imple-
13 mentation of the Court Services and Offender Supervision
14 Agency Interstate Supervision Act of 2002: Provided, That,
15 of the funds appropriated under this heading, $204,579,000
16 shall be for necessary expenses of Community Supervision
17 and Sex Offender Registration, to include expenses relating
18 to the supervision of adults subject to protection orders or
19 the provision of services for or related to such persons, of
20 which $7,798,000 shall remain available until September
21 30, 2025, for costs associated with the relocation under re-
22 placement leases for headquarters offices, field offices and
23 related facilities: Provided further, That, of the funds ap-
24 propriated under this heading, $80,437,000 shall be avail-
25 able to the Pretrial Services Agency, of which $998,000 shall
† HR 2617 EAS2
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1 remain available until September 30, 2025, for costs associ-
2 ated with relocation under a replacement lease for head-
3 quarters offices, field offices, and related facilities: Provided
4 further, That notwithstanding any other provision of law,
5 all amounts under this heading shall be apportioned quar-
6 terly by the Office of Management and Budget and obligated
7 and expended in the same manner as funds appropriated
8 for salaries and expenses of other Federal agencies: Provided
9 further, That amounts under this heading may be used for
10 programmatic incentives for defendants to successfully com-
11 plete their terms of supervision.
12 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
13 PUBLIC DEFENDER SERVICE
14 For salaries and expenses, including the transfer and
15 hire of motor vehicles, of the District of Columbia Public
16 Defender Service, as authorized by the National Capital Re-
17 vitalization and Self-Government Improvement Act of 1997,
18 $53,629,000: Provided, That notwithstanding any other
19 provision of law, all amounts under this heading shall be
20 apportioned quarterly by the Office of Management and
21 Budget and obligated and expended in the same manner
22 as funds appropriated for salaries and expenses of Federal
23 agencies: Provided further, That the District of Columbia
24 Public Defender Service may establish for employees of the
25 District of Columbia Public Defender Service a program
† HR 2617 EAS2
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1 substantially similar to the program set forth in subchapter
2 II of chapter 35 of title 5, United States Code, except that
3 the maximum amount of the payment made under the pro-
4 gram to any individual may not exceed the amount referred
5 to in section 3523(b)(3)(B) of title 5, United States Code:
6 Provided further, That for the purposes of engaging with,
7 and receiving services from, Federal Franchise Fund Pro-
8 grams established in accordance with section 403 of the
9 Government Management Reform Act of 1994, as amended,
10 the District of Columbia Public Defender Service shall be
11 considered an agency of the United States Government: Pro-
12 vided further, That the District of Columbia Public De-
13 fender Service may enter into contracts for the procurement
14 of severable services and multiyear contracts for the acquisi-
15 tion of property and services to the same extent and under
16 the same conditions as an executive agency under sections
17 3902 and 3903 of title 41, United States Code.
18 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
19 COORDINATING COUNCIL
20 For a Federal payment to the Criminal Justice Co-
21 ordinating Council, $2,450,000, to remain available until
22 expended, to support initiatives related to the coordination
23 of Federal and local criminal justice resources in the Dis-
24 trict of Columbia.
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1 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
2 For a Federal payment, to remain available until Sep-
3 tember 30, 2024, to the Commission on Judicial Disabilities
4 and Tenure, $330,000, and for the Judicial Nomination
5 Commission, $300,000.
6 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
7 For a Federal payment for a school improvement pro-
8 gram in the District of Columbia, $52,500,000, to remain
9 available until expended, for payments authorized under the
10 Scholarships for Opportunity and Results Act (division C
11 of Public Law 112–10): Provided, That, to the extent that
12 funds are available for opportunity scholarships and fol-
13 lowing the priorities included in section 3006 of such Act,
14 the Secretary of Education shall make scholarships avail-
15 able to students eligible under section 3013(3) of such Act
16 (Public Law 112–10; 125 Stat. 211) including students who
17 were not offered a scholarship during any previous school
18 year: Provided further, That within funds provided for op-
19 portunity scholarships up to $1,750,000 shall be for the ac-
20 tivities specified in sections 3007(b) through 3007(d) of the
21 Act and up to $500,000 shall be for the activities specified
22 in section 3009 of the Act.
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1 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA
2 NATIONAL GUARD
3 For a Federal payment to the District of Columbia
4 National Guard, $600,000, to remain available until ex-
5 pended for the Major General David F. Wherley, Jr. Dis-
6 trict of Columbia National Guard Retention and College
7 Access Program.
8 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/
9 AIDS
10 For a Federal payment to the District of Columbia
11 for the testing of individuals for, and the treatment of indi-
12 viduals with, human immunodeficiency virus and acquired
13 immunodeficiency syndrome in the District of Columbia,
14 $4,000,000.
15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER
16 AND SEWER AUTHORITY
17 For a Federal payment to the District of Columbia
18 Water and Sewer Authority, $8,000,000, to remain avail-
19 able until expended, to continue implementation of the
20 Combined Sewer Overflow Long-Term Plan: Provided, That
21 the District of Columbia Water and Sewer Authority pro-
22 vides a 100 percent match for this payment.
23 DISTRICT OF COLUMBIA FUNDS
24 Local funds are appropriated for the District of Co-
25 lumbia for the current fiscal year out of the General Fund
† HR 2617 EAS2
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1 of the District of Columbia (‘‘General Fund’’) for programs
2 and activities set forth in the Fiscal Year 2023 Local Budg-
3 et Act of 2022 (D.C. Act 24–486) and at rates set forth
4 under such Act, as amended as of the date of enactment
5 of this Act: Provided, That notwithstanding any other pro-
6 vision of law, except as provided in section 450A of the Dis-
7 trict of Columbia Home Rule Act (section 1–204.50a, D.C.
8 Official Code), sections 816 and 817 of the Financial Serv-
9 ices and General Government Appropriations Act, 2009
10 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and
11 provisions of this Act, the total amount appropriated in
12 this Act for operating expenses for the District of Columbia
13 for fiscal year 2023 under this heading shall not exceed the
14 estimates included in the Fiscal Year 2023 Local Budget
15 Act of 2022, as amended as of the date of enactment of this
16 Act or the sum of the total revenues of the District of Colum-
17 bia for such fiscal year: Provided further, That the amount
18 appropriated may be increased by proceeds of one-time
19 transactions, which are expended for emergency or unan-
20 ticipated operating or capital needs: Provided further, That
21 such increases shall be approved by enactment of local Dis-
22 trict law and shall comply with all reserve requirements
23 contained in the District of Columbia Home Rule Act: Pro-
24 vided further, That the Chief Financial Officer of the Dis-
25 trict of Columbia shall take such steps as are necessary to
† HR 2617 EAS2
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1 assure that the District of Columbia meets these require-
2 ments, including the apportioning by the Chief Financial
3 Officer of the appropriations and funds made available to
4 the District during fiscal year 2023, except that the Chief
5 Financial Officer may not reprogram for operating ex-
6 penses any funds derived from bonds, notes, or other obliga-
7 tions issued for capital projects.
8 This title may be cited as the ‘‘District of Columbia
9 Appropriations Act, 2023’’.
† HR 2617 EAS2
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1 TITLE V
2 INDEPENDENT AGENCIES
3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
4 SALARIES AND EXPENSES
5 For necessary expenses of the Administrative Con-
6 ference of the United States, authorized by 5 U.S.C. 591
7 et seq., $3,465,000, to remain available until September 30,
8 2024, of which not to exceed $1,000 is for official reception
9 and representation expenses.
10 BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN
11 EDUCATION FOUNDATION
12 SALARIES AND EXPENSES
13 For payment to the Barry Goldwater Scholarship and
14 Excellence in Education Fund, established by section 1408
15 of Public Law 99–661 (20 U.S.C. 4707), for necessary ex-
16 penses to carry out activities pursuant to the Barry Gold-
17 water Scholarship and Excellence in Education Act of 1986
18 (20 U.S.C. 4701 et seq.), $2,000,000, to remain available
19 until expended.
20 COMMODITY FUTURES TRADING COMMISSION
21 (INCLUDING TRANSFER OF FUNDS)
22 For necessary expenses to carry out the provisions of
23 the Commodity Exchange Act (7 U.S.C. 1 et seq.), including
24 the purchase and hire of passenger motor vehicles, and the
25 rental of space (to include multiple year leases), in the Dis-
† HR 2617 EAS2
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1 trict of Columbia and elsewhere, $365,000,000, including
2 not to exceed $3,000 for official reception and representa-
3 tion expenses, and not to exceed $25,000 for the expenses
4 for consultations and meetings hosted by the Commission
5 with foreign governmental and other regulatory officials, of
6 which not less than $20,000,000 shall remain available
7 until September 30, 2024, and of which not less than
8 $4,218,000 shall be for expenses of the Office of the Inspector
9 General: Provided, That notwithstanding the limitations in
10 31 U.S.C. 1553, amounts provided under this heading are
11 available for the liquidation of obligations equal to current
12 year payments on leases entered into prior to the date of
13 enactment of this Act: Provided further, That for the pur-
14 pose of recording and liquidating any lease obligations that
15 should have been recorded and liquidated against accounts
16 closed pursuant to 31 U.S.C. 1552, and consistent with the
17 preceding proviso, such amounts shall be transferred to and
18 recorded in a no-year account in the Treasury, which has
19 been established for the sole purpose of recording adjust-
20 ments for and liquidating such unpaid obligations.
21 CONSUMER PRODUCT SAFETY COMMISSION
22 SALARIES AND EXPENSES
23 For necessary expenses of the Consumer Product Safety
24 Commission, including hire of passenger motor vehicles,
25 services as authorized by 5 U.S.C. 3109, but at rates for
† HR 2617 EAS2
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1 individuals not to exceed the per diem rate equivalent to
2 the maximum rate payable under 5 U.S.C. 5376, purchase
3 of nominal awards to recognize non-Federal officials’ con-
4 tributions to Commission activities, and not to exceed
5 $4,000 for official reception and representation expenses,
6 $152,500,000, of which $2,000,000 shall remain available
7 until expended, to carry out the program, including admin-
8 istrative costs, required by section 1405 of the Virginia
9 Graeme Baker Pool and Spa Safety Act (Public Law 110–
10 140; 15 U.S.C. 8004), and of which $2,000,000 shall remain
11 available until expended, to carry out the program, includ-
12 ing administrative costs, required by section 204 of the
13 Nicholas and Zachary Burt Memorial Carbon Monoxide
14 Poisoning Prevention Act of 2022 (title II of division Q
15 of Public Law 117–103).
16 ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
17 COMMISSION
18 SEC. 501. During fiscal year 2023, none of the
19 amounts made available by this Act may be used to finalize
20 or implement the Safety Standard for Recreational Off-
21 Highway Vehicles published by the Consumer Product Safe-
22 ty Commission in the Federal Register on November 19,
23 2014 (79 Fed. Reg. 68964) until after—
24 (1) the National Academy of Sciences, in con-
25 sultation with the National Highway Traffic Safety
† HR 2617 EAS2
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1 Administration and the Department of Defense, com-
2 pletes a study to determine—
3 (A) the technical validity of the lateral sta-
4 bility and vehicle handling requirements pro-
5 posed by such standard for purposes of reducing
6 the risk of Recreational Off-Highway Vehicle (re-
7 ferred to in this section as ‘‘ROV’’) rollovers in
8 the off-road environment, including the repeat-
9 ability and reproducibility of testing for compli-
10 ance with such requirements;
11 (B) the number of ROV rollovers that would
12 be prevented if the proposed requirements were
13 adopted;
14 (C) whether there is a technical basis for the
15 proposal to provide information on a point-of-
16 sale hangtag about a ROV’s rollover resistance
17 on a progressive scale; and
18 (D) the effect on the utility of ROVs used by
19 the United States military if the proposed re-
20 quirements were adopted; and
21 (2) a report containing the results of the study
22 completed under paragraph (1) is delivered to—
23 (A) the Committee on Commerce, Science,
24 and Transportation of the Senate;
† HR 2617 EAS2
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1 (B) the Committee on Energy and Com-
2 merce of the House of Representatives;
3 (C) the Committee on Appropriations of the
4 Senate; and
5 (D) the Committee on Appropriations of the
6 House of Representatives.
7 ELECTION ASSISTANCE COMMISSION
8 SALARIES AND EXPENSES
9 For necessary expenses to carry out the Help America
10 Vote Act of 2002 (Public Law 107–252), $28,000,000, of
11 which $1,500,000 shall be made available to the National
12 Institute of Standards and Technology for election reform
13 activities authorized under the Help America Vote Act of
14 2002, and of which $1,000,000, to remain available until
15 expended, shall be for the Help America Vote College Pro-
16 gram as authorized by title V of the Help America Vote
17 Act of 2002.
18 ELECTION SECURITY GRANTS
19 Notwithstanding section 104(c)(2)(B) of the Help
20 America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)),
21 $75,000,000 is provided to the Election Assistance Commis-
22 sion for necessary expenses to make payments to States for
23 activities to improve the administration of elections for
24 Federal office, including to enhance election technology and
25 make election security improvements, as authorized by sec-
† HR 2617 EAS2
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1 tions 101, 103, and 104 of such Act: Provided, That for
2 purposes of applying such sections, the Commonwealth of
3 the Northern Mariana Islands shall be deemed to be a State
4 and, for purposes of sections 101(d)(2) and 103(a) shall be
5 treated in the same manner as the Commonwealth of Puerto
6 Rico, Guam, American Samoa, and the United States Vir-
7 gin Islands: Provided further, That each reference to the
8 ‘‘Administrator of General Services’’ or the ‘‘Adminis-
9 trator’’ in sections 101 and 103 shall be deemed to refer
10 to the ‘‘Election Assistance Commission’’: Provided further,
11 That each reference to ‘‘$5,000,000’’ in section 103 shall be
12 deemed to refer to ‘‘$1,000,000’’ and each reference to
13 ‘‘$1,000,000’’ in section 103 shall be deemed to refer to
14 ‘‘$200,000’’: Provided further, That not later than two years
15 after receiving a payment under this heading, a State shall
16 make available funds for such activities in an amount equal
17 to 20 percent of the total amount of the payment made to
18 the State under this heading: Provided further, That not
19 later than 45 days after the date of enactment of this Act,
20 the Election Assistance Commission shall make the pay-
21 ments to States under this heading: Provided further, That
22 States shall submit quarterly financial reports and annual
23 progress reports.
† HR 2617 EAS2
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1 FEDERAL COMMUNICATIONS COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Federal Communications
4 Commission, as authorized by law, including uniforms and
5 allowances therefor, as authorized by 5 U.S.C. 5901–5902;
6 not to exceed $4,000 for official reception and representa-
7 tion expenses; purchase and hire of motor vehicles; special
8 counsel fees; and services as authorized by 5 U.S.C. 3109,
9 $390,192,000, to remain available until expended: Pro-
10 vided, That $390,192,000 of offsetting collections shall be
11 assessed and collected pursuant to section 9 of title I of the
12 Communications Act of 1934, shall be retained and used
13 for necessary expenses and shall remain available until ex-
14 pended: Provided further, That the sum herein appro-
15 priated shall be reduced as such offsetting collections are
16 received during fiscal year 2023 so as to result in a final
17 fiscal year 2023 appropriation estimated at $0: Provided
18 further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), pro-
19 ceeds from the use of a competitive bidding system that may
20 be retained and made available for obligation shall not ex-
21 ceed $132,231,000 for fiscal year 2023: Provided further,
22 That, of the amount appropriated under this heading, not
23 less than $12,131,000 shall be for the salaries and expenses
24 of the Office of Inspector General.
† HR 2617 EAS2
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1 ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
2 COMMISSION
3 SEC. 510. Section 302 of the Universal Service
4 Antideficiency Temporary Suspension Act is amended by
5 striking ‘‘December 31, 2022’’ each place it appears and
6 inserting ‘‘December 31, 2023’’.
7 SEC. 511. None of the funds appropriated by this Act
8 may be used by the Federal Communications Commission
9 to modify, amend, or change its rules or regulations for uni-
10 versal service support payments to implement the February
11 27, 2004, recommendations of the Federal-State Joint
12 Board on Universal Service regarding single connection or
13 primary line restrictions on universal service support pay-
14 ments.
15 FEDERAL DEPOSIT INSURANCE CORPORATION
16 OFFICE OF THE INSPECTOR GENERAL
17 For necessary expenses of the Office of Inspector Gen-
18 eral in carrying out the provisions of the Inspector General
19 Act of 1978, $47,500,000, to be derived from the Deposit
20 Insurance Fund or, only when appropriate, the FSLIC Res-
21 olution Fund.
22 FEDERAL ELECTION COMMISSION
23 SALARIES AND EXPENSES
24 For necessary expenses to carry out the provisions of
25 the Federal Election Campaign Act of 1971, $81,674,000,
† HR 2617 EAS2
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1 of which not to exceed $5,000 shall be available for reception
2 and representation expenses.
3 FEDERAL LABOR RELATIONS AUTHORITY
4 SALARIES AND EXPENSES
5 For necessary expenses to carry out functions of the
6 Federal Labor Relations Authority, pursuant to Reorga-
7 nization Plan Numbered 2 of 1978, and the Civil Service
8 Reform Act of 1978, including services authorized by 5
9 U.S.C. 3109, and including hire of experts and consultants,
10 hire of passenger motor vehicles, and including official re-
11 ception and representation expenses (not to exceed $1,500)
12 and rental of conference rooms in the District of Columbia
13 and elsewhere, $29,400,000: Provided, That public members
14 of the Federal Service Impasses Panel may be paid travel
15 expenses and per diem in lieu of subsistence as authorized
16 by law (5 U.S.C. 5703) for persons employed intermittently
17 in the Government service, and compensation as authorized
18 by 5 U.S.C. 3109: Provided further, That, notwithstanding
19 31 U.S.C. 3302, funds received from fees charged to non-
20 Federal participants at labor-management relations con-
21 ferences shall be credited to and merged with this account,
22 to be available without further appropriation for the costs
23 of carrying out these conferences.
† HR 2617 EAS2
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1 FEDERAL TRADE COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Federal Trade Commis-
4 sion, including uniforms or allowances therefor, as author-
5 ized by 5 U.S.C. 5901–5902; services as authorized by 5
6 U.S.C. 3109; hire of passenger motor vehicles; and not to
7 exceed $2,000 for official reception and representation ex-
8 penses, $430,000,000, to remain available until expended:
9 Provided, That not to exceed $300,000 shall be available
10 for use to contract with a person or persons for collection
11 services in accordance with the terms of 31 U.S.C. 3718:
12 Provided further, That, notwithstanding any other provi-
13 sion of law, fees collected in fiscal year 2023 for premerger
14 notification filings under the Hart-Scott-Rodino Antitrust
15 Improvements Act of 1976 (15 U.S.C. 18a), (and estimated
16 to be $190,000,000 in fiscal year 2023) shall be retained
17 and used for necessary expenses in this appropriation and
18 shall remain available until expended: Provided further,
19 That, notwithstanding any other provision of law, fees col-
20 lected to implement and enforce the Telemarketing Sales
21 Rule, promulgated under the Telemarketing and Consumer
22 Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
23 regardless of the year of collection (and estimated to be
24 $20,000,000 in fiscal year 2023), shall be credited to this
25 account, and be retained and used for necessary expenses
† HR 2617 EAS2
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1 in this appropriation, and shall remain available until ex-
2 pended: Provided further, That the sum herein appro-
3 priated from the general fund shall be reduced (1) as such
4 offsetting collections are received during fiscal year 2023
5 and (2) to the extent that any remaining general fund ap-
6 propriations can be derived from amounts credited to this
7 account as offsetting collections in previous fiscal years that
8 are not otherwise appropriated, so as to result in a final
9 fiscal year 2023 appropriation from the general fund esti-
10 mated at $48,000,000: Provided further, That, notwith-
11 standing section 605 of the Departments of Commerce, Jus-
12 tice, and State, the Judiciary, and Related Agencies Appro-
13 priations Act, 1990 (15 U.S.C. 18a note), none of the funds
14 credited to this account as offsetting collections in previous
15 fiscal years that were unavailable for obligation as of Sep-
16 tember 30, 2022, shall become available for obligation except
17 as provided in the preceding proviso: Provided further, That
18 none of the funds made available to the Federal Trade Com-
19 mission may be used to implement subsection (e)(2)(B) of
20 section 43 of the Federal Deposit Insurance Act (12 U.S.C.
21 1831t).
† HR 2617 EAS2
544
1 GENERAL SERVICES ADMINISTRATION
2 REAL PROPERTY ACTIVITIES
3 FEDERAL BUILDINGS FUND
4 LIMITATIONS ON AVAILABILITY OF REVENUE
5 (INCLUDING TRANSFERS OF FUNDS)
6 Amounts in the Fund, including revenues and collec-
7 tions deposited into the Fund, shall be available for nec-
8 essary expenses of real property management and related
9 activities not otherwise provided for, including operation,
10 maintenance, and protection of federally owned and leased
11 buildings; rental of buildings in the District of Columbia;
12 restoration of leased premises; moving governmental agen-
13 cies (including space adjustments and telecommunications
14 relocation expenses) in connection with the assignment, al-
15 location, and transfer of space; contractual services incident
16 to cleaning or servicing buildings, and moving; repair and
17 alteration of federally owned buildings, including grounds,
18 approaches, and appurtenances; care and safeguarding of
19 sites; maintenance, preservation, demolition, and equip-
20 ment; acquisition of buildings and sites by purchase, con-
21 demnation, or as otherwise authorized by law; acquisition
22 of options to purchase buildings and sites; conversion and
23 extension of federally owned buildings; preliminary plan-
24 ning and design of projects by contract or otherwise; con-
25 struction of new buildings (including equipment for such
† HR 2617 EAS2
545
1 buildings); and payment of principal, interest, and any
2 other obligations for public buildings acquired by install-
3 ment purchase and purchase contract; in the aggregate
4 amount of $10,013,150,000, of which—
5 (1) $807,809,000 shall remain available until ex-
6 pended for construction and acquisition (including
7 funds for sites and expenses, and associated design
8 and construction services) and remediation, in addi-
9 tion to amounts otherwise provided for such purposes,
10 as follows:
11 Connecticut:
12 Hartford, U.S. Courthouse, $61,500,000;
13 District of Columbia:
14 DHS Consolidation at St. Elizabeths,
15 $252,963,000;
16 Federal Energy Regulatory Commission Lease
17 Purchase Option, $21,000,000;
18 Southeast Federal Center Remediation,
19 $3,946,000;
20 Florida:
21 Fort Lauderdale, U.S. Courthouse, $55,000,000;
22 National Capital Region:
23 Federal Bureau of Investigation Headquarters
24 Consolidation, $375,000,000;
25 Tennessee:
† HR 2617 EAS2
546
1 Chattanooga, U.S. Courthouse, $38,400,000:
2 Provided, That each of the foregoing limits of costs on
3 construction, acquisition, and remediation projects
4 may be exceeded to the extent that savings are effected
5 in other such projects, but not to exceed 20 percent of
6 the amounts included in a transmitted prospectus, if
7 required, unless advance approval is obtained from
8 the Committees on Appropriations of the House of
9 Representatives and the Senate of a greater amount;
10 (2) $662,280,000 shall remain available until ex-
11 pended for repairs and alterations, including associ-
12 ated design and construction services, in addition to
13 amounts otherwise provided for such purposes, of
14 which—
15 (A) $244,783,000 is for Major Repairs and
16 Alterations as follows:
17 Multiple Locations:
18 National Conveying Systems, $30,000,000;
19 National Capital Region:
20 Fire Alarm Systems, $40,000,000;
21 California:
22 San Francisco, Federal Building, $15,687,000;
23 Georgia:
24 Atlanta, Sam Nunn Atlanta Federal Center,
25 $10,229,000;
† HR 2617 EAS2
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1 Massachusetts:
2 Boston, John J. Moakley U.S. Courthouse,
3 $10,345,000;
4 Montana:
5 Butte, Mike Mansfield Federal Building and
6 U.S. Courthouse, $25,792,000;
7 New York:
8 New York, Alexander Hamilton U.S. Custom
9 House, $68,497,000;
10 Ohio:
11 Cleveland, Carl B. Stokes U.S. Courthouse,
12 $10,235,000;
13 Oklahoma:
14 Oklahoma City, William J. Holloway, Jr. U.S.
15 Courthouse and Post Office, $3,093,000;
16 Pennsylvania:
17 Philadelphia, James A. Byrne U.S. Courthouse,
18 $12,927,000;
19 Vermont:
20 St. Albans, Federal Building, U.S. Post Office
21 and Custom House, $17,978,000;
22 (B) $398,797,000 is for Basic Repairs and
23 Alterations, of which $3,000,000 is for repairs to
24 the water feature at the Wilkie D. Ferguson Jr.
25 U.S. Courthouse in Miami, FL; and
† HR 2617 EAS2
548
1 (C) $18,700,000 is for Special Emphasis
2 Programs as follows:
3 Judiciary Capital Security Program,
4 $18,700,000;
5 Provided, That funds made available in this or any
6 previous Act in the Federal Buildings Fund for Re-
7 pairs and Alterations shall, for prospectus projects, be
8 limited to the amount identified for each project, ex-
9 cept each project in this or any previous Act may be
10 increased by an amount not to exceed 20 percent un-
11 less advance approval is obtained from the Commit-
12 tees on Appropriations of the House of Representa-
13 tives and the Senate of a greater amount: Provided
14 further, That additional projects for which
15 prospectuses have been fully approved may be funded
16 under this category only if advance approval is ob-
17 tained from the Committees on Appropriations of the
18 House of Representatives and the Senate: Provided
19 further, That the amounts provided in this or any
20 prior Act for ‘‘Repairs and Alterations’’ may be used
21 to fund costs associated with implementing security
22 improvements to buildings necessary to meet the min-
23 imum standards for security in accordance with cur-
24 rent law and in compliance with the reprogramming
25 guidelines of the appropriate Committees of the House
† HR 2617 EAS2
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1 and Senate: Provided further, That the difference be-
2 tween the funds appropriated and expended on any
3 projects in this or any prior Act, under the heading
4 ‘‘Repairs and Alterations’’, may be transferred to
5 ‘‘Basic Repairs and Alterations’’ or used to fund au-
6 thorized increases in prospectus projects: Provided
7 further, That the amount provided in this or any
8 prior Act for ‘‘Basic Repairs and Alterations’’ may be
9 used to pay claims against the Government arising
10 from any projects under the heading ‘‘Repairs and
11 Alterations’’ or used to fund authorized increases in
12 prospectus projects;
13 (3) $5,561,680,000 for rental of space to remain
14 available until expended; and
15 (4) $2,981,381,000 for building operations to re-
16 main available until expended: Provided, That the
17 total amount of funds made available from this Fund
18 to the General Services Administration shall not be
19 available for expenses of any construction, repair, al-
20 teration and acquisition project for which a pro-
21 spectus, if required by 40 U.S.C. 3307(a), has not
22 been approved, except that necessary funds may be ex-
23 pended for each project for required expenses for the
24 development of a proposed prospectus: Provided fur-
25 ther, That funds available in the Federal Buildings
† HR 2617 EAS2
550
1 Fund may be expended for emergency repairs when
2 advance approval is obtained from the Committees on
3 Appropriations of the House of Representatives and
4 the Senate: Provided further, That amounts necessary
5 to provide reimbursable special services to other agen-
6 cies under 40 U.S.C. 592(b)(2) and amounts to pro-
7 vide such reimbursable fencing, lighting, guard booths,
8 and other facilities on private or other property not
9 in Government ownership or control as may be ap-
10 propriate to enable the United States Secret Service
11 to perform its protective functions pursuant to 18
12 U.S.C. 3056, shall be available from such revenues
13 and collections: Provided further, That revenues and
14 collections and any other sums accruing to this Fund
15 during fiscal year 2023, excluding reimbursements
16 under 40 U.S.C. 592(b)(2), in excess of the aggregate
17 new obligational authority authorized for Real Prop-
18 erty Activities of the Federal Buildings Fund in this
19 Act shall remain in the Fund and shall not be avail-
20 able for expenditure except as authorized in appro-
21 priations Acts.
22 GENERAL ACTIVITIES
23 GOVERNMENT-WIDE POLICY
24 For expenses authorized by law, not otherwise provided
25 for, for Government-wide policy associated with the man-
† HR 2617 EAS2
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1 agement of real and personal property assets and certain
2 administrative services; Government-wide policy support
3 responsibilities relating to acquisition, travel, motor vehi-
4 cles, information technology management, and related tech-
5 nology activities; and services as authorized by 5 U.S.C.
6 3109; and evaluation activities as authorized by statute;
7 $71,186,000, of which $4,000,000 shall remain available
8 until September 30, 2024.
9 OPERATING EXPENSES
10 For expenses authorized by law, not otherwise provided
11 for, for Government-wide activities associated with utiliza-
12 tion and donation of surplus personal property; disposal
13 of real property; agency-wide policy direction, and manage-
14 ment; the hire of zero-emission passenger motor vehicles and
15 supporting charging or fueling infrastructure; and services
16 as authorized by 5 U.S.C. 3109; $54,478,000, of which not
17 to exceed $7,500 is for official reception and representation
18 expenses.
19 CIVILIAN BOARD OF CONTRACT APPEALS
20 For expenses authorized by law, not otherwise provided
21 for, for the activities associated with the Civilian Board of
22 Contract Appeals, $10,352,000, of which $2,000,000 shall
23 remain available until expended.
† HR 2617 EAS2
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1 OFFICE OF INSPECTOR GENERAL
2 For necessary expenses of the Office of Inspector Gen-
3 eral and service authorized by 5 U.S.C. 3109, $74,583,000:
4 Provided, That not to exceed $3,000,000 shall be available
5 for information technology enhancements related to imple-
6 menting cloud services, improving security measures, and
7 providing modern technology case management solutions:
8 Provided further, That not to exceed $50,000 shall be avail-
9 able for payment for information and detection of fraud
10 against the Government, including payment for recovery of
11 stolen Government property: Provided further, That not to
12 exceed $2,500 shall be available for awards to employees of
13 other Federal agencies and private citizens in recognition
14 of efforts and initiatives resulting in enhanced Office of In-
15 spector General effectiveness.
16 ALLOWANCES AND OFFICE STAFF FOR FORMER
17 PRESIDENTS
18 For carrying out the provisions of the Act of August
19 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138,
20 $5,200,000.
21 FEDERAL CITIZEN SERVICES FUND
22 (INCLUDING TRANSFER OF FUNDS)
23 For expenses authorized by 40 U.S.C. 323 and 44
24 U.S.C. 3604; and for expenses authorized by law, not other-
25 wise provided for, in support of interagency projects that
† HR 2617 EAS2
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1 enable the Federal Government to enhance its ability to con-
2 duct activities electronically, through the development and
3 implementation of innovative uses of information tech-
4 nology; $90,000,000, to be deposited into the Federal Citizen
5 Services Fund: Provided, That the previous amount may
6 be transferred to Federal agencies to carry out the purpose
7 of the Federal Citizen Services Fund: Provided further,
8 That the appropriations, revenues, reimbursements, and
9 collections deposited into the Fund shall be available until
10 expended for necessary expenses of Federal Citizen Services
11 and other activities that enable the Federal Government to
12 enhance its ability to conduct activities electronically in the
13 aggregate amount not to exceed $200,000,000: Provided fur-
14 ther, That appropriations, revenues, reimbursements, and
15 collections accruing to this Fund during fiscal year 2023
16 in excess of such amount shall remain in the Fund and
17 shall not be available for expenditure except as authorized
18 in appropriations Acts: Provided further, That, of the total
19 amount appropriated, up to $5,000,000 shall be available
20 for support functions and full-time hires to support activi-
21 ties related to the Administration’s requirements under title
22 II of the Foundations for Evidence-Based Policymaking Act
23 of 2018 (Public Law 115–435): Provided further, That the
24 transfer authorities provided herein shall be in addition to
25 any other transfer authority provided in this Act.
† HR 2617 EAS2
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1 TECHNOLOGY MODERNIZATION FUND
2 For the Technology Modernization Fund, $50,000,000,
3 to remain available until expended, for technology-related
4 modernization activities.
5 WORKING CAPITAL FUND
6 For the Working Capital Fund of the General Services
7 Administration, $5,900,000, to remain available until ex-
8 pended, for necessary costs incurred by the Administrator
9 to modernize rulemaking systems and to provide support
10 services for Federal rulemaking agencies.
11 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
12 ADMINISTRATION
13 (INCLUDING TRANSFER OF FUNDS)
14 SEC. 520. Funds available to the General Services Ad-
15 ministration shall be available for the hire of passenger
16 motor vehicles.
17 SEC. 521. Funds in the Federal Buildings Fund made
18 available for fiscal year 2023 for Federal Buildings Fund
19 activities may be transferred between such activities only
20 to the extent necessary to meet program requirements: Pro-
21 vided, That any proposed transfers shall be approved in ad-
22 vance by the Committees on Appropriations of the House
23 of Representatives and the Senate.
24 SEC. 522. Except as otherwise provided in this title,
25 funds made available by this Act shall be used to transmit
† HR 2617 EAS2
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1 a fiscal year 2024 request for United States Courthouse con-
2 struction only if the request: (1) meets the design guide
3 standards for construction as established and approved by
4 the General Services Administration, the Judicial Con-
5 ference of the United States, and the Office of Management
6 and Budget; (2) reflects the priorities of the Judicial Con-
7 ference of the United States as set out in its approved
8 Courthouse Project Priorities plan; and (3) includes a
9 standardized courtroom utilization study of each facility to
10 be constructed, replaced, or expanded.
11 SEC. 523. None of the funds provided in this Act may
12 be used to increase the amount of occupiable square feet,
13 provide cleaning services, security enhancements, or any
14 other service usually provided through the Federal Build-
15 ings Fund, to any agency that does not pay the rate per
16 square foot assessment for space and services as determined
17 by the General Services Administration in consideration of
18 the Public Buildings Amendments Act of 1972 (Public Law
19 92–313).
20 SEC. 524. From funds made available under the head-
21 ing ‘‘Federal Buildings Fund, Limitations on Availability
22 of Revenue’’, claims against the Government of less than
23 $250,000 arising from direct construction projects and ac-
24 quisition of buildings may be liquidated from savings ef-
25 fected in other construction projects with prior notification
† HR 2617 EAS2
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1 to the Committees on Appropriations of the House of Rep-
2 resentatives and the Senate.
3 SEC. 525. In any case in which the Committee on
4 Transportation and Infrastructure of the House of Rep-
5 resentatives and the Committee on Environment and Public
6 Works of the Senate adopt a resolution granting lease au-
7 thority pursuant to a prospectus transmitted to Congress
8 by the Administrator of the General Services Administra-
9 tion under 40 U.S.C. 3307, the Administrator shall ensure
10 that the delineated area of procurement is identical to the
11 delineated area included in the prospectus for all lease
12 agreements, except that, if the Administrator determines
13 that the delineated area of the procurement should not be
14 identical to the delineated area included in the prospectus,
15 the Administrator shall provide an explanatory statement
16 to each of such committees and the Committees on Appro-
17 priations of the House of Representatives and the Senate
18 prior to exercising any lease authority provided in the reso-
19 lution.
20 SEC. 526. With respect to projects funded under the
21 heading ‘‘Federal Citizen Services Fund’’, the Adminis-
22 trator of General Services shall submit a spending plan and
23 explanation for each project to be undertaken to the Com-
24 mittees on Appropriations of the House of Representatives
† HR 2617 EAS2
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1 and the Senate not later than 60 days after the date of en-
2 actment of this Act.
3 SEC. 527. The Administrator of the General Services
4 Administration shall select a site from one of the three listed
5 in the General Services Administration (GSA) Fiscal Year
6 2017 PNCR–FBI–NCR17 prospectus for a new fully con-
7 solidated Federal Bureau of Investigation (FBI) head-
8 quarters.
9 In considering the September 2022 and amended No-
10 vember 2022 GSA Site Selection Plan for the FBI Subur-
11 ban Headquarters, not later than 90 days after enactment
12 of this Act, prior to any action by the GSA site selection
13 panel for the new Federal FBI headquarters, the GSA Ad-
14 ministrator shall conduct separate and detailed consulta-
15 tions with individuals representing the sites from the State
16 of Maryland and Commonwealth of Virginia to further con-
17 sider perspectives related to mission requirements, sustain-
18 able siting and equity, and evaluate the viability of the
19 GSA’s Site Selection Criteria for the FBI Headquarters to
20 ensure it is consistent with Congressional intent as ex-
21 pressed in the resolution of the Committee on Environment
22 and Public Works of the Senate (112th Congress), adopted
23 December 8, 2011 and further described in the General
24 Services Administration Fiscal Year 2017 PNCR–FBI–
† HR 2617 EAS2
558
1 NCR17 prospectus. Following those consultations, the Ad-
2 ministrator shall proceed with the site selection process.
3 HARRY S TRUMAN SCHOLARSHIP FOUNDATION
4 SALARIES AND EXPENSES
5 For payment to the Harry S Truman Scholarship
6 Foundation Trust Fund, established by section 10 of Public
7 Law 93–642, $3,000,000, to remain available until ex-
8 pended.
9 MERIT SYSTEMS PROTECTION BOARD
10 SALARIES AND EXPENSES
11 (INCLUDING TRANSFER OF FUNDS)
12 For necessary expenses to carry out functions of the
13 Merit Systems Protection Board pursuant to Reorganiza-
14 tion Plan Numbered 2 of 1978, the Civil Service Reform
15 Act of 1978, and the Whistleblower Protection Act of 1989
16 (5 U.S.C. 5509 note), including services as authorized by
17 5 U.S.C. 3109, rental of conference rooms in the District
18 of Columbia and elsewhere, hire of passenger motor vehicles,
19 direct procurement of survey printing, and not to exceed
20 $2,000 for official reception and representation expenses,
21 $49,655,000, to remain available until September 30, 2024,
22 and in addition not to exceed $2,345,000, to remain avail-
23 able until September 30, 2024, for administrative expenses
24 to adjudicate retirement appeals to be transferred from the
† HR 2617 EAS2
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1 Civil Service Retirement and Disability Fund in amounts
2 determined by the Merit Systems Protection Board.
3 MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
4 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
5 (INCLUDING TRANSFER OF FUNDS)
6 For payment to the Morris K. Udall and Stewart L.
7 Udall Foundation, pursuant to the Morris K. Udall and
8 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.),
9 $1,800,000, to remain available for direct expenditure until
10 expended, of which, notwithstanding sections 8 and 9 of
11 such Act, up to $1,000,000 shall be available to carry out
12 the activities authorized by section 6(7) of Public Law 102–
13 259 and section 817(a) of Public Law 106–568 (20 U.S.C.
14 5604(7)): Provided, That all current and previous amounts
15 transferred to the Office of Inspector General of the Depart-
16 ment of the Interior will remain available until expended
17 for audits and investigations of the Morris K. Udall and
18 Stewart L. Udall Foundation, consistent with the Inspector
19 General Act of 1978 (5 U.S.C. App.), as amended, and for
20 annual independent financial audits of the Morris K. Udall
21 and Stewart L. Udall Foundation pursuant to the Account-
22 ability of Tax Dollars Act of 2002 (Public Law 107–289):
23 Provided further, That previous amounts transferred to the
24 Office of Inspector General of the Department of the Interior
25 may be transferred to the Morris K. Udall and Stewart L.
† HR 2617 EAS2
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1 Udall Foundation for annual independent financial audits
2 pursuant to the Accountability of Tax Dollars Act of 2002
3 (Public Law 107–289).
4 ENVIRONMENTAL DISPUTE RESOLUTION FUND
5 For payment to the Environmental Dispute Resolution
6 Fund to carry out activities authorized in the Environ-
7 mental Policy and Conflict Resolution Act of 1998,
8 $3,943,000, to remain available until expended.
9 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
10 OPERATING EXPENSES
11 For necessary expenses in connection with the admin-
12 istration of the National Archives and Records Administra-
13 tion and archived Federal records and related activities, as
14 provided by law, and for expenses necessary for the review
15 and declassification of documents, the activities of the Pub-
16 lic Interest Declassification Board, the operations and
17 maintenance of the electronic records archives, the hire of
18 passenger motor vehicles, and for uniforms or allowances
19 therefor, as authorized by law (5 U.S.C. 5901), including
20 maintenance, repairs, and cleaning, $427,520,000, of which
21 $30,000,000 shall remain available until expended for ex-
22 penses necessary to enhance the Federal Government’s abil-
23 ity to electronically preserve, manage, and store Govern-
24 ment records, and of which up to $2,000,000 shall remain
† HR 2617 EAS2
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1 available until expended to implement the Civil Rights Cold
2 Case Records Collection Act of 2018 (Public Law 115–426).
3 OFFICE OF INSPECTOR GENERAL
4 For necessary expenses of the Office of Inspector Gen-
5 eral in carrying out the provisions of the Inspector General
6 Reform Act of 2008, Public Law 110–409, 122 Stat. 4302–
7 16 (2008), and the Inspector General Act of 1978 (5 U.S.C.
8 App.), and for the hire of passenger motor vehicles,
9 $5,980,000.
10 REPAIRS AND RESTORATION
11 For the repair, alteration, and improvement of ar-
12 chives facilities and museum exhibits, related equipment for
13 public spaces, and to provide adequate storage for holdings,
14 $22,224,000, to remain available until expended, of which
15 no less than $7,250,000 is for upgrades to the Carter Presi-
16 dential Library in Atlanta, Georgia and of which
17 $6,000,000 is for the Ulysses S. Grant Presidential Museum
18 in Starkville, Mississippi.
19 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
20 COMMISSION
21 GRANTS PROGRAM
22 For necessary expenses for allocations and grants for
23 historical publications and records as authorized by 44
24 U.S.C. 2504, $12,000,000, to remain available until ex-
25 pended, of which up to $2,000,000 shall be to preserve and
† HR 2617 EAS2
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1 make publicly available the congressional papers of former
2 Members of the House and Senate.
3 ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND
4 RECORDS ADMINISTRATION
5 SEC. 530. For an additional amount for ‘‘National
6 Historical Publications and Records Commission Grants
7 Program’’, $22,573,000, which shall be for initiatives in the
8 amounts and for the projects specified in the table that ap-
9 pears under the heading ‘‘Administrative Provisions—Na-
10 tional Archives and Records Administration’’ in the ex-
11 planatory statement described in section 4 (in the matter
12 preceding division A of this consolidated Act): Provided,
13 That none of the funds made available by this section may
14 be transferred for any other purpose.
15 NATIONAL CREDIT UNION ADMINISTRATION
16 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
17 For the Community Development Revolving Loan
18 Fund program as authorized by 42 U.S.C. 9812, 9822, and
19 9910, $3,500,000 shall be available until September 30,
20 2024, for technical assistance to low-income designated
21 credit unions: Provided, That credit unions designated sole-
22 ly as minority depository institutions shall be eligible to
23 apply for and receive such technical assistance.
† HR 2617 EAS2
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1 OFFICE OF GOVERNMENT ETHICS
2 SALARIES AND EXPENSES
3 For necessary expenses to carry out functions of the
4 Office of Government Ethics pursuant to the Ethics in Gov-
5 ernment Act of 1978, the Ethics Reform Act of 1989, and
6 the Representative Louise McIntosh Slaughter Stop Trad-
7 ing on Congressional Knowledge Act of 2012, including
8 services as authorized by 5 U.S.C. 3109, rental of conference
9 rooms in the District of Columbia and elsewhere, hire of
10 passenger motor vehicles, and not to exceed $1,500 for offi-
11 cial reception and representation expenses, $24,500,000.
12 OFFICE OF PERSONNEL MANAGEMENT
13 SALARIES AND EXPENSES
14 (INCLUDING TRANSFERS OF TRUST FUNDS)
15 For necessary expenses to carry out functions of the
16 Office of Personnel Management (OPM) pursuant to Reor-
17 ganization Plan Numbered 2 of 1978 and the Civil Service
18 Reform Act of 1978, including services as authorized by 5
19 U.S.C. 3109; medical examinations performed for veterans
20 by private physicians on a fee basis; rental of conference
21 rooms in the District of Columbia and elsewhere; hire of
22 passenger motor vehicles; not to exceed $2,500 for official
23 reception and representation expenses; and payment of per
24 diem and/or subsistence allowances to employees where Vot-
25 ing Rights Act activities require an employee to remain
† HR 2617 EAS2
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1 overnight at his or her post of duty, $190,784,000: Provided,
2 That of the total amount made available under this head-
3 ing, $19,373,000 shall remain available until expended, for
4 information technology modernization and Trust Fund
5 Federal Financial System migration or modernization, and
6 shall be in addition to funds otherwise made available for
7 such purposes: Provided further, That of the total amount
8 made available under this heading, $1,381,748 may be
9 made available for strengthening the capacity and capabili-
10 ties of the acquisition workforce (as defined by the Office
11 of Federal Procurement Policy Act, as amended (41 U.S.C.
12 4001 et seq.)), including the recruitment, hiring, training,
13 and retention of such workforce and information technology
14 in support of acquisition workforce effectiveness or for man-
15 agement solutions to improve acquisition management; and
16 in addition $194,924,000 for administrative expenses, to be
17 transferred from the appropriate trust funds of OPM with-
18 out regard to other statutes, including direct procurement
19 of printed materials, for the retirement and insurance pro-
20 grams: Provided further, That the provisions of this appro-
21 priation shall not affect the authority to use applicable
22 trust funds as provided by sections 8348(a)(1)(B),
23 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5,
24 United States Code: Provided further, That no part of this
25 appropriation shall be available for salaries and expenses
† HR 2617 EAS2
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1 of the Legal Examining Unit of OPM established pursuant
2 to Executive Order No. 9358 of July 1, 1943, or any suc-
3 cessor unit of like purpose: Provided further, That the Presi-
4 dent’s Commission on White House Fellows, established by
5 Executive Order No. 11183 of October 3, 1964, may, during
6 fiscal year 2023, accept donations of money, property, and
7 personal services: Provided further, That such donations,
8 including those from prior years, may be used for the devel-
9 opment of publicity materials to provide information about
10 the White House Fellows, except that no such donations
11 shall be accepted for travel or reimbursement of travel ex-
12 penses, or for the salaries of employees of such Commission:
13 Provided further, That not to exceed 5 percent of amounts
14 made available under this heading may be transferred to
15 an information technology working capital fund established
16 for purposes authorized by subtitle G of title X of division
17 A of the National Defense Authorization Act for Fiscal Year
18 2018 (Public Law 115–91; 40 U.S.C. 11301 note): Provided
19 further, That the OPM Director shall notify, and receive
20 approval from, the Committees on Appropriations of the
21 House of Representatives and the Senate at least 15 days
22 in advance of any transfer under the preceding proviso:
23 Provided further, That amounts transferred to such a fund
24 under such transfer authority from any organizational cat-
25 egory of OPM shall not exceed 5 percent of each such organi-
† HR 2617 EAS2
566
1 zational category’s budget as identified in the report re-
2 quired by section 608 of this Act: Provided further, That
3 amounts transferred to such a fund shall remain available
4 for obligation through September 30, 2026.
5 OFFICE OF INSPECTOR GENERAL
6 SALARIES AND EXPENSES
7 (INCLUDING TRANSFER OF TRUST FUNDS)
8 For necessary expenses of the Office of Inspector Gen-
9 eral in carrying out the provisions of the Inspector General
10 Act of 1978, including services as authorized by 5 U.S.C.
11 3109, hire of passenger motor vehicles, $6,908,000, and in
12 addition, not to exceed $29,487,000 for administrative ex-
13 penses to audit, investigate, and provide other oversight of
14 the Office of Personnel Management’s retirement and insur-
15 ance programs, to be transferred from the appropriate trust
16 funds of the Office of Personnel Management, as determined
17 by the Inspector General: Provided, That the Inspector Gen-
18 eral is authorized to rent conference rooms in the District
19 of Columbia and elsewhere.
20 OFFICE OF SPECIAL COUNSEL
21 SALARIES AND EXPENSES
22 For necessary expenses to carry out functions of the
23 Office of Special Counsel, including services as authorized
24 by 5 U.S.C. 3109, payment of fees and expenses for wit-
25 nesses, rental of conference rooms in the District of Colum-
† HR 2617 EAS2
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1 bia and elsewhere, and hire of passenger motor vehicles,
2 $31,904,000.
3 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
4 SALARIES AND EXPENSES
5 For necessary expenses of the Privacy and Civil Lib-
6 erties Oversight Board, as authorized by section 1061 of the
7 Intelligence Reform and Terrorism Prevention Act of 2004
8 (42 U.S.C. 2000ee), $10,600,000, to remain available until
9 September 30, 2024.
10 PUBLIC BUILDINGS REFORM BOARD
11 SALARIES AND EXPENSES
12 For salaries and expenses of the Public Buildings Re-
13 form Board in carrying out the Federal Assets Sale and
14 Transfer Act of 2016 (Public Law 114–287), $4,000,000,
15 to remain available until expended.
16 SECURITIES AND EXCHANGE COMMISSION
17 SALARIES AND EXPENSES
18 For necessary expenses for the Securities and Exchange
19 Commission, including services as authorized by 5 U.S.C.
20 3109, the rental of space (to include multiple year leases)
21 in the District of Columbia and elsewhere, and not to exceed
22 $3,500 for official reception and representation expenses,
23 $2,149,000,000, to remain available until expended; of
24 which not less than $18,979,000 shall be for the Office of
25 Inspector General; of which not to exceed $275,000 shall be
† HR 2617 EAS2
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1 available for a permanent secretariat for the International
2 Organization of Securities Commissions; and of which not
3 to exceed $100,000 shall be available for expenses for con-
4 sultations and meetings hosted by the Commission with for-
5 eign governmental and other regulatory officials, members
6 of their delegations and staffs to exchange views concerning
7 securities matters, such expenses to include necessary logis-
8 tic and administrative expenses and the expenses of Com-
9 mission staff and foreign invitees in attendance including:
10 (1) incidental expenses such as meals; (2) travel and trans-
11 portation; and (3) related lodging or subsistence.
12 In addition to the foregoing appropriation, for move,
13 replication, and related costs associated with a replacement
14 lease for the Commission’s District of Columbia head-
15 quarters facilities, not to exceed $57,405,000, to remain
16 available until expended; and for move, replication, and re-
17 lated costs associated with a replacement lease for the Com-
18 mission’s San Francisco Regional Office facilities, not to
19 exceed $3,365,000, to remain available until expended.
20 For purposes of calculating the fee rate under section
21 31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
22 78ee(j)) for fiscal year 2023, all amounts appropriated
23 under this heading shall be deemed to be the regular appro-
24 priation to the Commission for fiscal year 2023: Provided,
25 That fees and charges authorized by section 31 of the Secu-
† HR 2617 EAS2
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1 rities Exchange Act of 1934 (15 U.S.C. 78ee) shall be cred-
2 ited to this account as offsetting collections: Provided fur-
3 ther, That not to exceed $2,149,000,000 of such offsetting
4 collections shall be available until expended for necessary
5 expenses of this account; not to exceed $57,405,000 of such
6 offsetting collections shall be available until expended for
7 move, replication, and related costs under this heading asso-
8 ciated with a replacement lease for the Commission’s Dis-
9 trict of Columbia headquarters facilities; and not to exceed
10 $3,365,000 of such offsetting collections shall be available
11 until expended for move, replication, and related costs
12 under this heading associated with a replacement lease for
13 the Commission’s San Francisco Regional Office facilities:
14 Provided further, That the total amount appropriated
15 under this heading from the general fund for fiscal year
16 2023 shall be reduced as such offsetting fees are received
17 so as to result in a final total fiscal year 2023 appropria-
18 tion from the general fund estimated at not more than $0:
19 Provided further, That if any amount of the appropriation
20 for move, replication, and related costs associated with a
21 replacement lease for the Commission’s District of Columbia
22 headquarters facilities or if any amount of the appropria-
23 tion for move, replication, and related costs associated with
24 a replacement lease for the Commission’s San Francisco Re-
25 gional Office facilities is subsequently de-obligated by the
† HR 2617 EAS2
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1 Commission, such amount that was derived from the gen-
2 eral fund shall be returned to the general fund, and such
3 amounts that were derived from fees or assessments collected
4 for such purpose shall be paid to each national securities
5 exchange and national securities association, respectively,
6 in proportion to any fees or assessments paid by such na-
7 tional securities exchange or national securities association
8 under section 31 of the Securities Exchange Act of 1934
9 (15 U.S.C. 78ee) in fiscal year 2023.
10 SELECTIVE SERVICE SYSTEM
11 SALARIES AND EXPENSES
12 For necessary expenses of the Selective Service System,
13 including expenses of attendance at meetings and of train-
14 ing for uniformed personnel assigned to the Selective Serv-
15 ice System, as authorized by 5 U.S.C. 4101–4118 for civil-
16 ian employees; hire of passenger motor vehicles; services as
17 authorized by 5 U.S.C. 3109; and not to exceed $750 for
18 official reception and representation expenses; $31,700,000:
19 Provided, That during the current fiscal year, the President
20 may exempt this appropriation from the provisions of 31
21 U.S.C. 1341, whenever the President deems such action to
22 be necessary in the interest of national defense: Provided
23 further, That none of the funds appropriated by this Act
24 may be expended for or in connection with the induction
25 of any person into the Armed Forces of the United States.
† HR 2617 EAS2
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1 SMALL BUSINESS ADMINISTRATION
2 SALARIES AND EXPENSES
3 For necessary expenses, not otherwise provided for, of
4 the Small Business Administration, including hire of pas-
5 senger motor vehicles as authorized by sections 1343 and
6 1344 of title 31, United States Code, and not to exceed
7 $3,500 for official reception and representation expenses,
8 $326,000,000, of which not less than $12,000,000 shall be
9 available for examinations, reviews, and other lender over-
10 sight activities: Provided, That the Administrator is au-
11 thorized to charge fees to cover the cost of publications devel-
12 oped by the Small Business Administration, and certain
13 loan program activities, including fees authorized by sec-
14 tion 5(b) of the Small Business Act: Provided further, That,
15 notwithstanding 31 U.S.C. 3302, revenues received from all
16 such activities shall be credited to this account, to remain
17 available until expended, for carrying out these purposes
18 without further appropriations: Provided further, That the
19 Small Business Administration may accept gifts in an
20 amount not to exceed $4,000,000 and may co-sponsor ac-
21 tivities, each in accordance with section 132(a) of division
22 K of Public Law 108–447, during fiscal year 2023: Pro-
23 vided further, That $6,100,000 shall be available for the
24 Loan Modernization and Accounting System, to be avail-
25 able until September 30, 2024: Provided further, That
† HR 2617 EAS2
572
1 $20,000,000 shall be available for costs associated with the
2 certification of small business concerns owned and con-
3 trolled by veterans or service-disabled veterans under sec-
4 tions 36A and 36 of the Small Business Act (15 U.S.C.
5 657f–1; 657f), respectively, and section 862 of Public Law
6 116–283, to be available until September 30, 2024.
7 ENTREPRENEURIAL DEVELOPMENT PROGRAMS
8 For necessary expenses of programs supporting entre-
9 preneurial and small business development, $320,000,000,
10 to remain available until September 30, 2024: Provided,
11 That $140,000,000 shall be available to fund grants for per-
12 formance in fiscal year 2023 or fiscal year 2024 as author-
13 ized by section 21 of the Small Business Act: Provided fur-
14 ther, That $41,000,000 shall be for marketing, management,
15 and technical assistance under section 7(m) of the Small
16 Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
17 make microloans under the microloan program: Provided
18 further, That $20,000,000 shall be available for grants to
19 States to carry out export programs that assist small busi-
20 ness concerns authorized under section 22(l) of the Small
21 Business Act (15 U.S.C. 649(l)).
22 OFFICE OF INSPECTOR GENERAL
23 For necessary expenses of the Office of Inspector Gen-
24 eral in carrying out the provisions of the Inspector General
25 Act of 1978, $32,020,000.
† HR 2617 EAS2
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1 OFFICE OF ADVOCACY
2 For necessary expenses of the Office of Advocacy in
3 carrying out the provisions of title II of Public Law 94–
4 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility
5 Act of 1980 (5 U.S.C. 601 et seq.), $10,211,000, to remain
6 available until expended.
7 BUSINESS LOANS PROGRAM ACCOUNT
8 (INCLUDING TRANSFER OF FUNDS)
9 For the cost of direct loans, $6,000,000, to remain
10 available until expended: Provided, That such costs, includ-
11 ing the cost of modifying such loans, shall be as defined
12 in section 502 of the Congressional Budget Act of 1974: Pro-
13 vided further, That subject to section 502 of the Congres-
14 sional Budget Act of 1974, during fiscal year 2023 commit-
15 ments to guarantee loans under section 503 of the Small
16 Business Investment Act of 1958 and commitments for
17 loans authorized under subparagraph (C) of section 502(7)
18 of the Small Business Investment Act of 1958 (15 U.S.C.
19 696(7)) shall not exceed, in the aggregate, $15,000,000,000:
20 Provided further, That during fiscal year 2023 commit-
21 ments for general business loans authorized under para-
22 graphs (1) through (35) of section 7(a) of the Small Busi-
23 ness Act shall not exceed $35,000,000,000 for a combination
24 of amortizing term loans and the aggregated maximum line
25 of credit provided by revolving loans: Provided further,
† HR 2617 EAS2
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1 That during fiscal year 2023 commitments to guarantee
2 loans for debentures under section 303(b) of the Small Busi-
3 ness Investment Act of 1958 shall not exceed $5,000,000,000:
4 Provided further, That during fiscal year 2023, guarantees
5 of trust certificates authorized by section 5(g) of the Small
6 Business Act shall not exceed a principal amount of
7 $15,000,000,000. In addition, for administrative expenses
8 to carry out the direct and guaranteed loan programs,
9 $165,300,000, which may be transferred to and merged with
10 the appropriations for Salaries and Expenses.
11 DISASTER LOANS PROGRAM ACCOUNT
12 (INCLUDING TRANSFERS OF FUNDS)
13 For administrative expenses to carry out the direct
14 loan program authorized by section 7(b) of the Small Busi-
15 ness Act, $179,000,000, to be available until expended, of
16 which $1,600,000 is for the Office of Inspector General of
17 the Small Business Administration for audits and reviews
18 of disaster loans and the disaster loan programs and shall
19 be transferred to and merged with the appropriations for
20 the Office of Inspector General; of which $169,000,000 is
21 for direct administrative expenses of loan making and serv-
22 icing to carry out the direct loan program, which may be
23 transferred to and merged with the appropriations for Sala-
24 ries and Expenses; and of which $8,400,000 is for indirect
25 administrative expenses for the direct loan program, which
† HR 2617 EAS2
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1 may be transferred to and merged with the appropriations
2 for Salaries and Expenses: Provided, That, of the funds pro-
3 vided under this heading, $143,000,000 shall be for major
4 disasters declared pursuant to the Robert T. Stafford Dis-
5 aster Relief and Emergency Assistance Act (42 U.S.C.
6 5122(2)): Provided further, That the amount for major dis-
7 asters under this heading is designated by the Congress as
8 being for disaster relief pursuant to a concurrent resolution
9 on the budget in the Senate and section 1(f) of H. Res. 1151
10 (117th Congress), as engrossed in the House of Representa-
11 tives on June 8, 2022.
12 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
13 ADMINISTRATION
14 (INCLUDING TRANSFERS OF FUNDS)
15 SEC. 540. Not to exceed 5 percent of any appropriation
16 made available for the current fiscal year for the Small
17 Business Administration in this Act may be transferred be-
18 tween such appropriations, but no such appropriation shall
19 be increased by more than 10 percent by any such transfers:
20 Provided, That any transfer pursuant to this paragraph
21 shall be treated as a reprogramming of funds under section
22 608 of this Act and shall not be available for obligation
23 or expenditure except in compliance with the procedures set
24 forth in that section.
† HR 2617 EAS2
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1 SEC. 541. Not to exceed 3 percent of any appropriation
2 made available in this Act for the Small Business Adminis-
3 tration under the headings ‘‘Salaries and Expenses’’ and
4 ‘‘Business Loans Program Account’’ may be transferred to
5 the Administration’s information technology system mod-
6 ernization and working capital fund (IT WCF), as author-
7 ized by section 1077(b)(1) of title X of division A of the
8 National Defense Authorization Act for Fiscal Year 2018,
9 for the purposes specified in section 1077(b)(3) of such Act,
10 upon the advance approval of the Committees on Appro-
11 priations of the House of Representatives and the Senate:
12 Provided, That amounts transferred to the IT WCF under
13 this section shall remain available for obligation through
14 September 30, 2026.
15 SEC. 542. For an additional amount for ‘‘Small Busi-
16 ness Administration—Salaries and Expenses’’,
17 $179,710,000, which shall be for initiatives related to small
18 business development and entrepreneurship, including pro-
19 grammatic, construction, and acquisition activities, in the
20 amounts and for the projects specified in the table that ap-
21 pears under the heading ‘‘Administrative Provisions—
22 Small Business Administration’’ in the explanatory state-
23 ment described in section 4 (in the matter preceding divi-
24 sion A of this consolidated Act): Provided, That, notwith-
25 standing sections 2701.92 and 2701.93 of title 2, Code of
† HR 2617 EAS2
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1 Federal Regulations, the Administrator of the Small Busi-
2 ness Administration may permit awards to subrecipients
3 for initiatives funded under this section: Provided further,
4 That none of the funds made available by this section may
5 be transferred for any other purpose.
6 UNITED STATES POSTAL SERVICE
7 PAYMENT TO THE POSTAL SERVICE FUND
8 For payment to the Postal Service Fund for revenue
9 forgone on free and reduced rate mail, pursuant to sub-
10 sections (c) and (d) of section 2401 of title 39, United States
11 Code, $50,253,000: Provided, That mail for overseas voting
12 and mail for the blind shall continue to be free: Provided
13 further, That none of the funds made available to the Postal
14 Service by this Act shall be used to implement any rule,
15 regulation, or policy of charging any officer or employee
16 of any State or local child support enforcement agency, or
17 any individual participating in a State or local program
18 of child support enforcement, a fee for information requested
19 or provided concerning an address of a postal customer:
20 Provided further, That none of the funds provided in this
21 Act shall be used to consolidate or close small rural and
22 other small post offices: Provided further, That the Postal
23 Service may not destroy, and shall continue to offer for sale,
24 any copies of the Multinational Species Conservation Funds
25 Semipostal Stamp, as authorized under the Multinational
† HR 2617 EAS2
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1 Species Conservation Funds Semipostal Stamp Act of 2010
2 (Public Law 111–241).
3 OFFICE OF INSPECTOR GENERAL
4 SALARIES AND EXPENSES
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses of the Office of Inspector Gen-
7 eral in carrying out the provisions of the Inspector General
8 Act of 1978, $271,000,000, to be derived by transfer from
9 the Postal Service Fund and expended as authorized by sec-
10 tion 603(b)(3) of the Postal Accountability and Enhance-
11 ment Act (Public Law 109–435).
12 UNITED STATES TAX COURT
13 SALARIES AND EXPENSES
14 For necessary expenses, including contract reporting
15 and other services as authorized by 5 U.S.C. 3109, and not
16 to exceed $3,000 for official reception and representation
17 expenses, $57,300,000, of which $1,000,000 shall remain
18 available until expended: Provided, That the amount made
19 available under 26 U.S.C. 7475 shall be transferred and
20 added to any amounts available under 26 U.S.C. 7473, to
21 remain available until expended, for the operation and
22 maintenance of the United States Tax Court: Provided fur-
23 ther, That travel expenses of the judges shall be paid upon
24 the written certificate of the judge.
† HR 2617 EAS2
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1 TITLE VI
2 GENERAL PROVISIONS—THIS ACT
3 (INCLUDING RESCISSION OF FUNDS)
4 SEC. 601. None of the funds in this Act shall be used
5 for the planning or execution of any program to pay the
6 expenses of, or otherwise compensate, non-Federal parties
7 intervening in regulatory or adjudicatory proceedings fund-
8 ed in this Act.
9 SEC. 602. None of the funds appropriated in this Act
10 shall remain available for obligation beyond the current fis-
11 cal year, nor may any be transferred to other appropria-
12 tions, except for transfers made pursuant to the authority
13 in section 3173(d) of title 40, United States Code, unless
14 expressly so provided herein.
15 SEC. 603. The expenditure of any appropriation under
16 this Act for any consulting service through procurement
17 contract pursuant to 5 U.S.C. 3109, shall be limited to those
18 contracts where such expenditures are a matter of public
19 record and available for public inspection, except where oth-
20 erwise provided under existing law, or under existing Exec-
21 utive order issued pursuant to existing law.
22 SEC. 604. None of the funds made available in this
23 Act may be transferred to any department, agency, or in-
24 strumentality of the United States Government, except pur-
† HR 2617 EAS2
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1 suant to a transfer made by, or transfer authority provided
2 in, this Act or any other appropriations Act.
3 SEC. 605. None of the funds made available by this
4 Act shall be available for any activity or for paying the
5 salary of any Government employee where funding an ac-
6 tivity or paying a salary to a Government employee would
7 result in a decision, determination, rule, regulation, or pol-
8 icy that would prohibit the enforcement of section 307 of
9 the Tariff Act of 1930 (19 U.S.C. 1307).
10 SEC. 606. No funds appropriated pursuant to this Act
11 may be expended by an entity unless the entity agrees that
12 in expending the assistance the entity will comply with
13 chapter 83 of title 41, United States Code.
14 SEC. 607. No funds appropriated or otherwise made
15 available under this Act shall be made available to any per-
16 son or entity that has been convicted of violating chapter
17 83 of title 41, United States Code.
18 SEC. 608. Except as otherwise provided in this Act,
19 none of the funds provided in this Act, provided by previous
20 appropriations Acts to the agencies or entities funded in
21 this Act that remain available for obligation or expenditure
22 in fiscal year 2023, or provided from any accounts in the
23 Treasury derived by the collection of fees and available to
24 the agencies funded by this Act, shall be available for obliga-
25 tion or expenditure through a reprogramming of funds that:
† HR 2617 EAS2
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1 (1) creates a new program; (2) eliminates a program,
2 project, or activity; (3) increases funds or personnel for any
3 program, project, or activity for which funds have been de-
4 nied or restricted by the Congress; (4) proposes to use funds
5 directed for a specific activity by the Committee on Appro-
6 priations of either the House of Representatives or the Sen-
7 ate for a different purpose; (5) augments existing programs,
8 projects, or activities in excess of $5,000,000 or 10 percent,
9 whichever is less; (6) reduces existing programs, projects,
10 or activities by $5,000,000 or 10 percent, whichever is less;
11 or (7) creates or reorganizes offices, programs, or activities
12 unless prior approval is received from the Committees on
13 Appropriations of the House of Representatives and the
14 Senate: Provided, That prior to any significant reorganiza-
15 tion, restructuring, relocation, or closing of offices, pro-
16 grams, or activities, each agency or entity funded in this
17 Act shall consult with the Committees on Appropriations
18 of the House of Representatives and the Senate: Provided
19 further, That not later than 60 days after the date of enact-
20 ment of this Act, each agency funded by this Act shall sub-
21 mit a report to the Committees on Appropriations of the
22 House of Representatives and the Senate to establish the
23 baseline for application of reprogramming and transfer au-
24 thorities for the current fiscal year: Provided further, That
25 at a minimum the report shall include: (1) a table for each
† HR 2617 EAS2
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1 appropriation, detailing both full-time employee equiva-
2 lents and budget authority, with separate columns to dis-
3 play the prior year enacted level, the President’s budget re-
4 quest, adjustments made by Congress, adjustments due to
5 enacted rescissions, if appropriate, and the fiscal year en-
6 acted level; (2) a delineation in the table for each appro-
7 priation and its respective prior year enacted level by object
8 class and program, project, and activity as detailed in this
9 Act, in the accompanying report, or in the budget appendix
10 for the respective appropriation, whichever is more detailed,
11 and which shall apply to all items for which a dollar
12 amount is specified and to all programs for which new
13 budget authority is provided, as well as to discretionary
14 grants and discretionary grant allocations; and (3) an
15 identification of items of special congressional interest: Pro-
16 vided further, That the amount appropriated or limited for
17 salaries and expenses for an agency shall be reduced by
18 $100,000 per day for each day after the required date that
19 the report has not been submitted to the Congress.
20 SEC. 609. Except as otherwise specifically provided by
21 law, not to exceed 50 percent of unobligated balances re-
22 maining available at the end of fiscal year 2023 from ap-
23 propriations made available for salaries and expenses for
24 fiscal year 2023 in this Act, shall remain available through
25 September 30, 2024, for each such account for the purposes
† HR 2617 EAS2
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1 authorized: Provided, That a request shall be submitted to
2 the Committees on Appropriations of the House of Rep-
3 resentatives and the Senate for approval prior to the ex-
4 penditure of such funds: Provided further, That these re-
5 quests shall be made in compliance with reprogramming
6 guidelines.
7 SEC. 610. (a) None of the funds made available in this
8 Act may be used by the Executive Office of the President
9 to request—
10 (1) any official background investigation report
11 on any individual from the Federal Bureau of Inves-
12 tigation; or
13 (2) a determination with respect to the treatment
14 of an organization as described in section 501(c) of
15 the Internal Revenue Code of 1986 and exempt from
16 taxation under section 501(a) of such Code from the
17 Department of the Treasury or the Internal Revenue
18 Service.
19 (b) Subsection (a) shall not apply—
20 (1) in the case of an official background inves-
21 tigation report, if such individual has given express
22 written consent for such request not more than 6
23 months prior to the date of such request and during
24 the same presidential administration; or
† HR 2617 EAS2
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1 (2) if such request is required due to extraor-
2 dinary circumstances involving national security.
3 SEC. 611. The cost accounting standards promulgated
4 under chapter 15 of title 41, United States Code shall not
5 apply with respect to a contract under the Federal Employ-
6 ees Health Benefits Program established under chapter 89
7 of title 5, United States Code.
8 SEC. 612. For the purpose of resolving litigation and
9 implementing any settlement agreements regarding the non-
10 foreign area cost-of-living allowance program, the Office of
11 Personnel Management may accept and utilize (without re-
12 gard to any restriction on unanticipated travel expenses
13 imposed in an appropriations Act) funds made available
14 to the Office of Personnel Management pursuant to court
15 approval.
16 SEC. 613. No funds appropriated by this Act shall be
17 available to pay for an abortion, or the administrative ex-
18 penses in connection with any health plan under the Fed-
19 eral employees health benefits program which provides any
20 benefits or coverage for abortions.
21 SEC. 614. The provision of section 613 shall not apply
22 where the life of the mother would be endangered if the fetus
23 were carried to term, or the pregnancy is the result of an
24 act of rape or incest.
† HR 2617 EAS2
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1 SEC. 615. In order to promote Government access to
2 commercial information technology, the restriction on pur-
3 chasing nondomestic articles, materials, and supplies set
4 forth in chapter 83 of title 41, United States Code (popu-
5 larly known as the Buy American Act), shall not apply to
6 the acquisition by the Federal Government of information
7 technology (as defined in section 11101 of title 40, United
8 States Code), that is a commercial item (as defined in sec-
9 tion 103 of title 41, United States Code).
10 SEC. 616. Notwithstanding section 1353 of title 31,
11 United States Code, no officer or employee of any regulatory
12 agency or commission funded by this Act may accept on
13 behalf of that agency, nor may such agency or commission
14 accept, payment or reimbursement from a non-Federal enti-
15 ty for travel, subsistence, or related expenses for the purpose
16 of enabling an officer or employee to attend and participate
17 in any meeting or similar function relating to the official
18 duties of the officer or employee when the entity offering
19 payment or reimbursement is a person or entity subject to
20 regulation by such agency or commission, or represents a
21 person or entity subject to regulation by such agency or
22 commission, unless the person or entity is an organization
23 described in section 501(c)(3) of the Internal Revenue Code
24 of 1986 and exempt from tax under section 501(a) of such
25 Code.
† HR 2617 EAS2
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1 SEC. 617. (a)(1) Notwithstanding any other provision
2 of law, an Executive agency covered by this Act otherwise
3 authorized to enter into contracts for either leases or the
4 construction or alteration of real property for office, meet-
5 ing, storage, or other space must consult with the General
6 Services Administration before issuing a solicitation for of-
7 fers of new leases or construction contracts, and in the case
8 of succeeding leases, before entering into negotiations with
9 the current lessor.
10 (2) Any such agency with authority to enter into an
11 emergency lease may do so during any period declared by
12 the President to require emergency leasing authority with
13 respect to such agency.
14 (b) For purposes of this section, the term ‘‘Executive
15 agency covered by this Act’’ means any Executive agency
16 provided funds by this Act, but does not include the General
17 Services Administration or the United States Postal Serv-
18 ice.
19 SEC. 618. (a) There are appropriated for the following
20 activities the amounts required under current law:
21 (1) Compensation of the President (3 U.S.C.
22 102).
23 (2) Payments to—
24 (A) the Judicial Officers’ Retirement Fund
25 (28 U.S.C. 377(o));
† HR 2617 EAS2
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1 (B) the Judicial Survivors’ Annuities Fund
2 (28 U.S.C. 376(c)); and
3 (C) the United States Court of Federal
4 Claims Judges’ Retirement Fund (28 U.S.C.
5 178(l)).
6 (3) Payment of Government contributions—
7 (A) with respect to the health benefits of re-
8 tired employees, as authorized by chapter 89 of
9 title 5, United States Code, and the Retired Fed-
10 eral Employees Health Benefits Act (74 Stat.
11 849); and
12 (B) with respect to the life insurance bene-
13 fits for employees retiring after December 31,
14 1989 (5 U.S.C. ch. 87).
15 (4) Payment to finance the unfunded liability of
16 new and increased annuity benefits under the Civil
17 Service Retirement and Disability Fund (5 U.S.C.
18 8348).
19 (5) Payment of annuities authorized to be paid
20 from the Civil Service Retirement and Disability
21 Fund by statutory provisions other than subchapter
22 III of chapter 83 or chapter 84 of title 5, United
23 States Code.
24 (b) Nothing in this section may be construed to exempt
25 any amount appropriated by this section from any other-
† HR 2617 EAS2
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1 wise applicable limitation on the use of funds contained in
2 this Act.
3 SEC. 619. None of the funds made available in this
4 Act may be used by the Federal Trade Commission to com-
5 plete the draft report entitled ‘‘Interagency Working Group
6 on Food Marketed to Children: Preliminary Proposed Nu-
7 trition Principles to Guide Industry Self-Regulatory Ef-
8 forts’’ unless the Interagency Working Group on Food Mar-
9 keted to Children complies with Executive Order No. 13563.
10 SEC. 620. (a) The head of each executive branch agency
11 funded by this Act shall ensure that the Chief Information
12 Officer of the agency has the authority to participate in
13 decisions regarding the budget planning process related to
14 information technology.
15 (b) Amounts appropriated for any executive branch
16 agency funded by this Act that are available for informa-
17 tion technology shall be allocated within the agency, con-
18 sistent with the provisions of appropriations Acts and budg-
19 et guidelines and recommendations from the Director of the
20 Office of Management and Budget, in such manner as speci-
21 fied by, or approved by, the Chief Information Officer of
22 the agency in consultation with the Chief Financial Officer
23 of the agency and budget officials.
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1 SEC. 621. None of the funds made available in this
2 Act may be used in contravention of chapter 29, 31, or 33
3 of title 44, United States Code.
4 SEC. 622. None of the funds made available in this
5 Act may be used by a governmental entity to require the
6 disclosure by a provider of electronic communication service
7 to the public or remote computing service of the contents
8 of a wire or electronic communication that is in electronic
9 storage with the provider (as such terms are defined in sec-
10 tions 2510 and 2711 of title 18, United States Code) in
11 a manner that violates the Fourth Amendment to the Con-
12 stitution of the United States.
13 SEC. 623. No funds provided in this Act shall be used
14 to deny an Inspector General funded under this Act timely
15 access to any records, documents, or other materials avail-
16 able to the department or agency over which that Inspector
17 General has responsibilities under the Inspector General Act
18 of 1978, or to prevent or impede that Inspector General’s
19 access to such records, documents, or other materials, under
20 any provision of law, except a provision of law that ex-
21 pressly refers to the Inspector General and expressly limits
22 the Inspector General’s right of access. A department or
23 agency covered by this section shall provide its Inspector
24 General with access to all such records, documents, and
25 other materials in a timely manner. Each Inspector Gen-
† HR 2617 EAS2
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1 eral shall ensure compliance with statutory limitations on
2 disclosure relevant to the information provided by the estab-
3 lishment over which that Inspector General has responsibil-
4 ities under the Inspector General Act of 1978. Each Inspec-
5 tor General covered by this section shall report to the Com-
6 mittees on Appropriations of the House of Representatives
7 and the Senate within 5 calendar days any failures to com-
8 ply with this requirement.
9 SEC. 624. None of the funds appropriated by this Act
10 may be used by the Federal Communications Commission
11 to modify, amend, or change the rules or regulations of the
12 Commission for universal service high-cost support for com-
13 petitive eligible telecommunications carriers in a way that
14 is inconsistent with paragraph (e)(5) or (e)(6) of section
15 54.307 of title 47, Code of Federal Regulations, as in effect
16 on July 15, 2015: Provided, That this section shall not pro-
17 hibit the Commission from considering, developing, or
18 adopting other support mechanisms as an alternative to
19 Mobility Fund Phase II: Provided further, That any such
20 alternative mechanism shall maintain existing high-cost
21 support to competitive eligible telecommunications carriers
22 until support under such mechanism commences.
23 SEC. 625. (a) None of the funds made available in this
24 Act may be used to maintain or establish a computer net-
† HR 2617 EAS2
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1 work unless such network blocks the viewing, downloading,
2 and exchanging of pornography.
3 (b) Nothing in subsection (a) shall limit the use of
4 funds necessary for any Federal, State, Tribal, or local law
5 enforcement agency or any other entity carrying out crimi-
6 nal investigations, prosecution, adjudication activities, or
7 other law enforcement- or victim assistance-related activity.
8 SEC. 626. None of the funds appropriated or other-wise
9 made available by this Act may be used to pay award or
10 incentive fees for contractors whose performance has been
11 judged to be below satisfactory, behind schedule, over budget,
12 or has failed to meet the basic requirements of a contract,
13 unless the Agency determines that any such deviations are
14 due to unforeseeable events, government-driven scope
15 changes, or are not significant within the overall scope of
16 the project and/or program and unless such awards or in-
17 centive fees are consistent with section 16.401(e)(2) of the
18 Federal Acquisition Regulation.
19 SEC. 627. (a) None of the funds made available under
20 this Act may be used to pay for travel and conference activi-
21 ties that result in a total cost to an Executive branch de-
22 partment, agency, board or commission funded by this Act
23 of more than $500,000 at any single conference unless the
24 agency or entity determines that such attendance is in the
25 national interest and advance notice is transmitted to the
† HR 2617 EAS2
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1 Committees on Appropriations of the House of Representa-
2 tives and the Senate that includes the basis of that deter-
3 mination.
4 (b) None of the funds made available under this Act
5 may be used to pay for the travel to or attendance of more
6 than 50 employees, who are stationed in the United States,
7 at any single conference occurring outside the United States
8 unless the agency or entity determines that such attendance
9 is in the national interest and advance notice is trans-
10 mitted to the Committees on Appropriations of the House
11 of Representatives and the Senate that includes the basis
12 of that determination.
13 SEC. 628. None of the funds made available by this
14 Act may be used for first-class or business-class travel by
15 the employees of executive branch agencies funded by this
16 Act in contravention of sections 301–10.122 through 301–
17 10.125 of title 41, Code of Federal Regulations.
18 SEC. 629. In addition to any amounts appropriated
19 or otherwise made available for expenses related to enhance-
20 ments to www.oversight.gov, $850,000, to remain available
21 until expended, shall be provided for an additional amount
22 for such purpose to the Inspectors General Council Fund
23 established pursuant to section 11(c)(3)(B) of the Inspector
24 General Act of 1978 (5 U.S.C. App.): Provided, That these
25 amounts shall be in addition to any amounts or any au-
† HR 2617 EAS2
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1 thority available to the Council of the Inspectors General
2 on Integrity and Efficiency under section 11 of the Inspec-
3 tor General Act of 1978 (5 U.S.C. App.).
4 SEC. 630. None of the funds made available by this
5 Act may be obligated on contracts in excess of $5,000 for
6 public relations, as that term is defined in Office and Man-
7 agement and Budget Circular A–87 (revised May 10, 2004),
8 unless advance notice of such an obligation is transmitted
9 to the Committees on Appropriations of the House of Rep-
10 resentatives and the Senate.
11 SEC. 631. Federal agencies funded under this Act shall
12 clearly state within the text, audio, or video used for adver-
13 tising or educational purposes, including emails or Internet
14 postings, that the communication is printed, published, or
15 produced and disseminated at U.S. taxpayer expense. The
16 funds used by a Federal agency to carry out this require-
17 ment shall be derived from amounts made available to the
18 agency for advertising or other communications regarding
19 the programs and activities of the agency.
20 SEC. 632. When issuing statements, press releases, re-
21 quests for proposals, bid solicitations and other documents
22 describing projects or programs funded in whole or in part
23 with Federal money, all grantees receiving Federal funds
24 included in this Act, shall clearly state—
† HR 2617 EAS2
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1 (1) the percentage of the total costs of the pro-
2 gram or project which will be financed with Federal
3 money;
4 (2) the dollar amount of Federal funds for the
5 project or program; and
6 (3) percentage and dollar amount of the total
7 costs of the project or program that will be financed
8 by non-governmental sources.
9 SEC. 633. None of the funds made available by this
10 Act shall be used by the Securities and Exchange Commis-
11 sion to finalize, issue, or implement any rule, regulation,
12 or order regarding the disclosure of political contributions,
13 contributions to tax exempt organizations, or dues paid to
14 trade associations.
15 SEC. 634. Not later than 45 days after the last day
16 of each quarter, each agency funded in this Act shall submit
17 to the Committees on Appropriations of the House of Rep-
18 resentatives and the Senate a quarterly budget report that
19 includes total obligations of the Agency for that quarter for
20 each appropriation, by the source year of the appropriation.
21 SEC. 635. (a) Section 41002(c)(1) of Public Law 114–
22 94 (42 U.S.C. 4370m–1(c)(1)) is amended by adding at the
23 end the following new subparagraph:
24 ‘‘(E) PERSONNEL.—The Executive Director
25 of the Council may appoint and fix the com-
† HR 2617 EAS2
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1 pensation of such employees as the Executive Di-
2 rector considers necessary to carry out the roles
3 and responsibilities of the Executive Director.’’.
4 (b) Section 41009(d)(2) of Public Law 114–94 (42
5 U.S.C. 4370m–8(d)(2)) is amended by striking ‘‘staffing of
6 the Office of the Executive Director’’ and inserting ‘‘ap-
7 pointing and fixing the compensation of such employees as
8 the Executive Director considers necessary to carry out the
9 roles and responsibilities of the Executive Director’’.
10 SEC. 636. (a) DESIGNATION.—The Federal building lo-
11 cated at 90 7th Street in San Francisco, California, shall
12 be known and designated as the ‘‘Speaker Nancy Pelosi
13 Federal Building’’.
14 (b) REFERENCES.—Any reference in a law, map, regu-
15 lation, document, paper, or other record of the United
16 States to the Federal building referred to in subsection (a)
17 shall be deemed to be a reference to the ‘‘Speaker Nancy
18 Pelosi Federal Building’’.
19 SEC. 637. Of the unobligated balances available in the
20 Department of the Treasury, Treasury Forfeiture Fund, es-
21 tablished by section 9703 of title 31, United States Code,
22 $150,000,000 shall be permanently rescinded not later than
23 September 30, 2023.
† HR 2617 EAS2
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1 TITLE VII
2 GENERAL PROVISIONS—GOVERNMENT-WIDE
3 DEPARTMENTS, AGENCIES, AND CORPORATIONS
4 (INCLUDING TRANSFERS OF FUNDS)
5 SEC. 701. No department, agency, or instrumentality
6 of the United States receiving appropriated funds under
7 this or any other Act for fiscal year 2023 shall obligate or
8 expend any such funds, unless such department, agency, or
9 instrumentality has in place, and will continue to admin-
10 ister in good faith, a written policy designed to ensure that
11 all of its workplaces are free from the illegal use, possession,
12 or distribution of controlled substances (as defined in the
13 Controlled Substances Act (21 U.S.C. 802)) by the officers
14 and employees of such department, agency, or instrumen-
15 tality.
16 SEC. 702. Unless otherwise specifically provided, the
17 maximum amount allowable during the current fiscal year
18 in accordance with section 1343(c) of title 31, United States
19 Code, for the purchase of any passenger motor vehicle (ex-
20 clusive of buses, ambulances, law enforcement vehicles, pro-
21 tective vehicles, and undercover surveillance vehicles), is
22 hereby fixed at $26,733 except station wagons for which the
23 maximum shall be $27,873: Provided, That these limits
24 may be exceeded by not to exceed $7,775 for police-type vehi-
25 cles: Provided further, That the limits set forth in this sec-
† HR 2617 EAS2
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1 tion may not be exceeded by more than 5 percent for electric
2 or hybrid vehicles purchased for demonstration under the
3 provisions of the Electric and Hybrid Vehicle Research, De-
4 velopment, and Demonstration Act of 1976: Provided fur-
5 ther, That the limits set forth in this section may be exceed-
6 ed by the incremental cost of clean alternative fuels vehicles
7 acquired pursuant to Public Law 101–549 over the cost of
8 comparable conventionally fueled vehicles: Provided further,
9 That the limits set forth in this section shall not apply to
10 any vehicle that is a commercial item and which operates
11 on alternative fuel, including but not limited to electric,
12 plug-in hybrid electric, and hydrogen fuel cell vehicles.
13 SEC. 703. Appropriations of the executive departments
14 and independent establishments for the current fiscal year
15 available for expenses of travel, or for the expenses of the
16 activity concerned, are hereby made available for quarters
17 allowances and cost-of-living allowances, in accordance
18 with 5 U.S.C. 5922–5924.
19 SEC. 704. Unless otherwise specified in law during the
20 current fiscal year, no part of any appropriation contained
21 in this or any other Act shall be used to pay the compensa-
22 tion of any officer or employee of the Government of the
23 United States (including any agency the majority of the
24 stock of which is owned by the Government of the United
25 States) whose post of duty is in the continental United
† HR 2617 EAS2
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1 States unless such person: (1) is a citizen of the United
2 States; (2) is a person who is lawfully admitted for perma-
3 nent residence and is seeking citizenship as outlined in 8
4 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
5 a refugee under 8 U.S.C. 1157 or is granted asylum under
6 8 U.S.C. 1158 and has filed a declaration of intention to
7 become a lawful permanent resident and then a citizen
8 when eligible; or (4) is a person who owes allegiance to the
9 United States: Provided, That for purposes of this section,
10 affidavits signed by any such person shall be considered
11 prima facie evidence that the requirements of this section
12 with respect to his or her status are being complied with:
13 Provided further, That for purposes of paragraphs (2) and
14 (3) such affidavits shall be submitted prior to employment
15 and updated thereafter as necessary: Provided further, That
16 any person making a false affidavit shall be guilty of a
17 felony, and upon conviction, shall be fined no more than
18 $4,000 or imprisoned for not more than 1 year, or both:
19 Provided further, That the above penal clause shall be in
20 addition to, and not in substitution for, any other provi-
21 sions of existing law: Provided further, That any payment
22 made to any officer or employee contrary to the provisions
23 of this section shall be recoverable in action by the Federal
24 Government: Provided further, That this section shall not
25 apply to any person who is an officer or employee of the
† HR 2617 EAS2
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1 Government of the United States on the date of enactment
2 of this Act, or to international broadcasters employed by
3 the Broadcasting Board of Governors, or to temporary em-
4 ployment of translators, or to temporary employment in the
5 field service (not to exceed 60 days) as a result of emer-
6 gencies: Provided further, That this section does not apply
7 to the employment as Wildland firefighters for not more
8 than 120 days of nonresident aliens employed by the De-
9 partment of the Interior or the USDA Forest Service pursu-
10 ant to an agreement with another country.
11 SEC. 705. Appropriations available to any department
12 or agency during the current fiscal year for necessary ex-
13 penses, including maintenance or operating expenses, shall
14 also be available for payment to the General Services Ad-
15 ministration for charges for space and services and those
16 expenses of renovation and alteration of buildings and fa-
17 cilities which constitute public improvements performed in
18 accordance with the Public Buildings Act of 1959 (73 Stat.
19 479), the Public Buildings Amendments of 1972 (86 Stat.
20 216), or other applicable law.
21 SEC. 706. In addition to funds provided in this or any
22 other Act, all Federal agencies are authorized to receive and
23 use funds resulting from the sale of materials, including
24 Federal records disposed of pursuant to a records schedule
25 recovered through recycling or waste prevention programs.
† HR 2617 EAS2
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1 Such funds shall be available until expended for the fol-
2 lowing purposes:
3 (1) Acquisition, waste reduction and prevention,
4 and recycling programs as described in Executive
5 Order No. 14057 (December 8, 2021), including any
6 such programs adopted prior to the effective date of
7 the Executive order.
8 (2) Other Federal agency environmental manage-
9 ment programs, including, but not limited to, the de-
10 velopment and implementation of hazardous waste
11 management and pollution prevention programs.
12 (3) Other employee programs as authorized by
13 law or as deemed appropriate by the head of the Fed-
14 eral agency.
15 SEC. 707. Funds made available by this or any other
16 Act for administrative expenses in the current fiscal year
17 of the corporations and agencies subject to chapter 91 of
18 title 31, United States Code, shall be available, in addition
19 to objects for which such funds are otherwise available, for
20 rent in the District of Columbia; services in accordance
21 with 5 U.S.C. 3109; and the objects specified under this
22 head, all the provisions of which shall be applicable to the
23 expenditure of such funds unless otherwise specified in the
24 Act by which they are made available: Provided, That in
25 the event any functions budgeted as administrative expenses
† HR 2617 EAS2
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1 are subsequently transferred to or paid from other funds,
2 the limitations on administrative expenses shall be cor-
3 respondingly reduced.
4 SEC. 708. No part of any appropriation contained in
5 this or any other Act shall be available for interagency fi-
6 nancing of boards (except Federal Executive Boards), com-
7 missions, councils, committees, or similar groups (whether
8 or not they are interagency entities) which do not have a
9 prior and specific statutory approval to receive financial
10 support from more than one agency or instrumentality.
11 SEC. 709. None of the funds made available pursuant
12 to the provisions of this or any other Act shall be used to
13 implement, administer, or enforce any regulation which has
14 been disapproved pursuant to a joint resolution duly adopt-
15 ed in accordance with the applicable law of the United
16 States.
17 SEC. 710. During the period in which the head of any
18 department or agency, or any other officer or civilian em-
19 ployee of the Federal Government appointed by the Presi-
20 dent of the United States, holds office, no funds may be obli-
21 gated or expended in excess of $5,000 to furnish or redeco-
22 rate the office of such department head, agency head, officer,
23 or employee, or to purchase furniture or make improve-
24 ments for any such office, unless advance notice of such fur-
25 nishing or redecoration is transmitted to the Committees
† HR 2617 EAS2
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1 on Appropriations of the House of Representatives and the
2 Senate. For the purposes of this section, the term ‘‘office’’
3 shall include the entire suite of offices assigned to the indi-
4 vidual, as well as any other space used primarily by the
5 individual or the use of which is directly controlled by the
6 individual.
7 SEC. 711. Notwithstanding 31 U.S.C. 1346, or section
8 708 of this Act, funds made available for the current fiscal
9 year by this or any other Act shall be available for the inter-
10 agency funding of national security and emergency pre-
11 paredness telecommunications initiatives which benefit
12 multiple Federal departments, agencies, or entities, as pro-
13 vided by Executive Order No. 13618 (July 6, 2012).
14 SEC. 712. (a) None of the funds made available by this
15 or any other Act may be obligated or expended by any de-
16 partment, agency, or other instrumentality of the Federal
17 Government to pay the salaries or expenses of any indi-
18 vidual appointed to a position of a confidential or policy-
19 determining character that is excepted from the competitive
20 service under section 3302 of title 5, United States Code,
21 (pursuant to schedule C of subpart C of part 213 of title
22 5 of the Code of Federal Regulations) unless the head of
23 the applicable department, agency, or other instrumentality
24 employing such schedule C individual certifies to the Direc-
25 tor of the Office of Personnel Management that the schedule
† HR 2617 EAS2
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1 C position occupied by the individual was not created solely
2 or primarily in order to detail the individual to the White
3 House.
4 (b) The provisions of this section shall not apply to
5 Federal employees or members of the armed forces detailed
6 to or from an element of the intelligence community (as
7 that term is defined under section 3(4) of the National Secu-
8 rity Act of 1947 (50 U.S.C. 3003(4))).
9 SEC. 713. No part of any appropriation contained in
10 this or any other Act shall be available for the payment
11 of the salary of any officer or employee of the Federal Gov-
12 ernment, who—
13 (1) prohibits or prevents, or attempts or threat-
14 ens to prohibit or prevent, any other officer or em-
15 ployee of the Federal Government from having any
16 direct oral or written communication or contact with
17 any Member, committee, or subcommittee of the Con-
18 gress in connection with any matter pertaining to the
19 employment of such other officer or employee or per-
20 taining to the department or agency of such other of-
21 ficer or employee in any way, irrespective of whether
22 such communication or contact is at the initiative of
23 such other officer or employee or in response to the re-
24 quest or inquiry of such Member, committee, or sub-
25 committee; or
† HR 2617 EAS2
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1 (2) removes, suspends from duty without pay,
2 demotes, reduces in rank, seniority, status, pay, or
3 performance or efficiency rating, denies promotion to,
4 relocates, reassigns, transfers, disciplines, or discrimi-
5 nates in regard to any employment right, entitlement,
6 or benefit, or any term or condition of employment of,
7 any other officer or employee of the Federal Govern-
8 ment, or attempts or threatens to commit any of the
9 foregoing actions with respect to such other officer or
10 employee, by reason of any communication or contact
11 of such other officer or employee with any Member,
12 committee, or subcommittee of the Congress as de-
13 scribed in paragraph (1).
14 SEC. 714. (a) None of the funds made available in this
15 or any other Act may be obligated or expended for any em-
16 ployee training that—
17 (1) does not meet identified needs for knowledge,
18 skills, and abilities bearing directly upon the perform-
19 ance of official duties;
20 (2) contains elements likely to induce high levels
21 of emotional response or psychological stress in some
22 participants;
23 (3) does not require prior employee notification
24 of the content and methods to be used in the training
25 and written end of course evaluation;
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1 (4) contains any methods or content associated
2 with religious or quasi-religious belief systems or
3 ‘‘new age’’ belief systems as defined in Equal Employ-
4 ment Opportunity Commission Notice N–915.022,
5 dated September 2, 1988; or
6 (5) is offensive to, or designed to change, partici-
7 pants’ personal values or lifestyle outside the work-
8 place.
9 (b) Nothing in this section shall prohibit, restrict, or
10 otherwise preclude an agency from conducting training
11 bearing directly upon the performance of official duties.
12 SEC. 715. No part of any funds appropriated in this
13 or any other Act shall be used by an agency of the executive
14 branch, other than for normal and recognized executive-leg-
15 islative relationships, for publicity or propaganda pur-
16 poses, and for the preparation, distribution or use of any
17 kit, pamphlet, booklet, publication, radio, television, or film
18 presentation designed to support or defeat legislation pend-
19 ing before the Congress, except in presentation to the Con-
20 gress itself.
21 SEC. 716. None of the funds appropriated by this or
22 any other Act may be used by an agency to provide a Fed-
23 eral employee’s home address to any labor organization ex-
24 cept when the employee has authorized such disclosure or
† HR 2617 EAS2
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1 when such disclosure has been ordered by a court of com-
2 petent jurisdiction.
3 SEC. 717. None of the funds made available in this
4 or any other Act may be used to provide any non-public
5 information such as mailing, telephone, or electronic mail-
6 ing lists to any person or any organization outside of the
7 Federal Government without the approval of the Commit-
8 tees on Appropriations of the House of Representatives and
9 the Senate.
10 SEC. 718. No part of any appropriation contained in
11 this or any other Act shall be used directly or indirectly,
12 including by private contractor, for publicity or propa-
13 ganda purposes within the United States not heretofore au-
14 thorized by Congress.
15 SEC. 719. (a) In this section, the term ‘‘agency’’—
16 (1) means an Executive agency, as defined under
17 5 U.S.C. 105; and
18 (2) includes a military department, as defined
19 under section 102 of such title and the United States
20 Postal Service.
21 (b) Unless authorized in accordance with law or regu-
22 lations to use such time for other purposes, an employee
23 of an agency shall use official time in an honest effort to
24 perform official duties. An employee not under a leave sys-
25 tem, including a Presidential appointee exempted under 5
† HR 2617 EAS2
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1 U.S.C. 6301(2), has an obligation to expend an honest effort
2 and a reasonable proportion of such employee’s time in the
3 performance of official duties.
4 SEC. 720. Notwithstanding 31 U.S.C. 1346 and section
5 708 of this Act, funds made available for the current fiscal
6 year by this or any other Act to any department or agency,
7 which is a member of the Federal Accounting Standards
8 Advisory Board (FASAB), shall be available to finance an
9 appropriate share of FASAB administrative costs.
10 SEC. 721. Notwithstanding 31 U.S.C. 1346 and section
11 708 of this Act, the head of each Executive department and
12 agency is hereby authorized to transfer to or reimburse
13 ‘‘General Services Administration, Government-wide Pol-
14 icy’’ with the approval of the Director of the Office of Man-
15 agement and Budget, funds made available for the current
16 fiscal year by this or any other Act, including rebates from
17 charge card and other contracts: Provided, That these funds
18 shall be administered by the Administrator of General Serv-
19 ices to support Government-wide and other multi-agency fi-
20 nancial, information technology, procurement, and other
21 management innovations, initiatives, and activities, in-
22 cluding improving coordination and reducing duplication,
23 as approved by the Director of the Office of Management
24 and Budget, in consultation with the appropriate inter-
25 agency and multi-agency groups designated by the Director
† HR 2617 EAS2
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1 (including the President’s Management Council for overall
2 management improvement initiatives, the Chief Financial
3 Officers Council for financial management initiatives, the
4 Chief Information Officers Council for information tech-
5 nology initiatives, the Chief Human Capital Officers Coun-
6 cil for human capital initiatives, the Chief Acquisition Offi-
7 cers Council for procurement initiatives, and the Perform-
8 ance Improvement Council for performance improvement
9 initiatives): Provided further, That the total funds trans-
10 ferred or reimbursed shall not exceed $15,000,000 to im-
11 prove coordination, reduce duplication, and for other ac-
12 tivities related to Federal Government Priority Goals estab-
13 lished by 31 U.S.C. 1120, and not to exceed $17,000,000
14 for Government-wide innovations, initiatives, and activi-
15 ties: Provided further, That the funds transferred to or for
16 reimbursement of ‘‘General Services Administration, Gov-
17 ernment-Wide Policy’’ during fiscal year 2023 shall remain
18 available for obligation through September 30, 2024: Pro-
19 vided further, That not later than 90 days after enactment
20 of this Act, the Director of the Office of Management and
21 Budget, in consultation with the Administrator of General
22 Services, shall submit to the Committees on Appropriations
23 of the House of Representatives and the Senate, the Com-
24 mittee on Homeland Security and Governmental Affairs of
25 the Senate, and the Committee on Oversight and Reform
† HR 2617 EAS2
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1 of the House of Representatives a detailed spend plan for
2 the funds to be transferred or reimbursed: Provided further,
3 That the spend plan shall, at a minimum, include: (i) the
4 amounts currently in the funds authorized under this sec-
5 tion and the estimate of amounts to be transferred or reim-
6 bursed in fiscal year 2023; (ii) a detailed breakdown of the
7 purposes for all funds estimated to be transferred or reim-
8 bursed pursuant to this section (including total number of
9 personnel and costs for all staff whose salaries are provided
10 for by this section); (iii) where applicable, a description of
11 the funds intended for use by or for the benefit of each execu-
12 tive council; and (iv) where applicable, a description of the
13 funds intended for use by or for the implementation of spe-
14 cific laws passed by Congress: Provided further, That no
15 transfers or reimbursements may be made pursuant to this
16 section until 15 days following notification of the Commit-
17 tees on Appropriations of the House of Representatives and
18 the Senate by the Director of the Office of Management and
19 Budget.
20 SEC. 722. Notwithstanding any other provision of law,
21 a woman may breastfeed her child at any location in a
22 Federal building or on Federal property, if the woman and
23 her child are otherwise authorized to be present at the loca-
24 tion.
† HR 2617 EAS2
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1 SEC. 723. Notwithstanding 31 U.S.C. 1346, or section
2 708 of this Act, funds made available for the current fiscal
3 year by this or any other Act shall be available for the inter-
4 agency funding of specific projects, workshops, studies, and
5 similar efforts to carry out the purposes of the National
6 Science and Technology Council (authorized by Executive
7 Order No. 12881), which benefit multiple Federal depart-
8 ments, agencies, or entities: Provided, That the Office of
9 Management and Budget shall provide a report describing
10 the budget of and resources connected with the National
11 Science and Technology Council to the Committees on Ap-
12 propriations, the House Committee on Science, Space, and
13 Technology, and the Senate Committee on Commerce,
14 Science, and Transportation 90 days after enactment of this
15 Act.
16 SEC. 724. Any request for proposals, solicitation, grant
17 application, form, notification, press release, or other publi-
18 cations involving the distribution of Federal funds shall
19 comply with any relevant requirements in part 200 of title
20 2, Code of Federal Regulations: Provided, That this section
21 shall apply to direct payments, formula funds, and grants
22 received by a State receiving Federal funds.
23 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY
24 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of
† HR 2617 EAS2
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1 the funds made available in this or any other Act may be
2 used by any Federal agency—
3 (1) to collect, review, or create any aggregation
4 of data, derived from any means, that includes any
5 personally identifiable information relating to an in-
6 dividual’s access to or use of any Federal Government
7 Internet site of the agency; or
8 (2) to enter into any agreement with a third
9 party (including another government agency) to col-
10 lect, review, or obtain any aggregation of data, de-
11 rived from any means, that includes any personally
12 identifiable information relating to an individual’s
13 access to or use of any nongovernmental Internet site.
14 (b) EXCEPTIONS.—The limitations established in sub-
15 section (a) shall not apply to—
16 (1) any record of aggregate data that does not
17 identify particular persons;
18 (2) any voluntary submission of personally iden-
19 tifiable information;
20 (3) any action taken for law enforcement, regu-
21 latory, or supervisory purposes, in accordance with
22 applicable law; or
23 (4) any action described in subsection (a)(1) that
24 is a system security action taken by the operator of
25 an Internet site and is necessarily incident to pro-
† HR 2617 EAS2
612
1 viding the Internet site services or to protecting the
2 rights or property of the provider of the Internet site.
3 (c) DEFINITIONS.—For the purposes of this section:
4 (1) The term ‘‘regulatory’’ means agency actions
5 to implement, interpret or enforce authorities pro-
6 vided in law.
7 (2) The term ‘‘supervisory’’ means examinations
8 of the agency’s supervised institutions, including as-
9 sessing safety and soundness, overall financial condi-
10 tion, management practices and policies and compli-
11 ance with applicable standards as provided in law.
12 SEC. 726. (a) None of the funds appropriated by this
13 Act may be used to enter into or renew a contract which
14 includes a provision providing prescription drug coverage,
15 except where the contract also includes a provision for con-
16 traceptive coverage.
17 (b) Nothing in this section shall apply to a contract
18 with—
19 (1) any of the following religious plans:
20 (A) Personal Care’s HMO; and
21 (B) OSF HealthPlans, Inc.; and
22 (2) any existing or future plan, if the carrier for
23 the plan objects to such coverage on the basis of reli-
24 gious beliefs.
† HR 2617 EAS2
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1 (c) In implementing this section, any plan that enters
2 into or renews a contract under this section may not subject
3 any individual to discrimination on the basis that the indi-
4 vidual refuses to prescribe or otherwise provide for contra-
5 ceptives because such activities would be contrary to the in-
6 dividual’s religious beliefs or moral convictions.
7 (d) Nothing in this section shall be construed to require
8 coverage of abortion or abortion-related services.
9 SEC. 727. The United States is committed to ensuring
10 the health of its Olympic, Pan American, and Paralympic
11 athletes, and supports the strict adherence to anti-doping
12 in sport through testing, adjudication, education, and re-
13 search as performed by nationally recognized oversight au-
14 thorities.
15 SEC. 728. Notwithstanding any other provision of law,
16 funds appropriated for official travel to Federal depart-
17 ments and agencies may be used by such departments and
18 agencies, if consistent with Office of Management and
19 Budget Circular A–126 regarding official travel for Govern-
20 ment personnel, to participate in the fractional aircraft
21 ownership pilot program.
22 SEC. 729. Notwithstanding any other provision of law,
23 none of the funds appropriated or made available under
24 this or any other appropriations Act may be used to imple-
25 ment or enforce restrictions or limitations on the Coast
† HR 2617 EAS2
614
1 Guard Congressional Fellowship Program, or to implement
2 the proposed regulations of the Office of Personnel Manage-
3 ment to add sections 300.311 through 300.316 to part 300
4 of title 5 of the Code of Federal Regulations, published in
5 the Federal Register, volume 68, number 174, on September
6 9, 2003 (relating to the detail of executive branch employees
7 to the legislative branch).
8 SEC. 730. Notwithstanding any other provision of law,
9 no executive branch agency shall purchase, construct, or
10 lease any additional facilities, except within or contiguous
11 to existing locations, to be used for the purpose of con-
12 ducting Federal law enforcement training without the ad-
13 vance approval of the Committees on Appropriations of the
14 House of Representatives and the Senate, except that the
15 Federal Law Enforcement Training Centers is authorized
16 to obtain the temporary use of additional facilities by lease,
17 contract, or other agreement for training which cannot be
18 accommodated in existing Centers facilities.
19 SEC. 731. Unless otherwise authorized by existing law,
20 none of the funds provided in this or any other Act may
21 be used by an executive branch agency to produce any pre-
22 packaged news story intended for broadcast or distribution
23 in the United States, unless the story includes a clear notifi-
24 cation within the text or audio of the prepackaged news
† HR 2617 EAS2
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1 story that the prepackaged news story was prepared or
2 funded by that executive branch agency.
3 SEC. 732. None of the funds made available in this
4 Act may be used in contravention of section 552a of title
5 5, United States Code (popularly known as the Privacy
6 Act), and regulations implementing that section.
7 SEC. 733. (a) IN GENERAL.—None of the funds appro-
8 priated or otherwise made available by this or any other
9 Act may be used for any Federal Government contract with
10 any foreign incorporated entity which is treated as an in-
11 verted domestic corporation under section 835(b) of the
12 Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any
13 subsidiary of such an entity.
14 (b) WAIVERS.—
15 (1) IN GENERAL.—Any Secretary shall waive
16 subsection (a) with respect to any Federal Govern-
17 ment contract under the authority of such Secretary
18 if the Secretary determines that the waiver is required
19 in the interest of national security.
20 (2) REPORT TO CONGRESS.—Any Secretary
21 issuing a waiver under paragraph (1) shall report
22 such issuance to Congress.
23 (c) EXCEPTION.—This section shall not apply to any
24 Federal Government contract entered into before the date
† HR 2617 EAS2
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1 of the enactment of this Act, or to any task order issued
2 pursuant to such contract.
3 SEC. 734. During fiscal year 2023, for each employee
4 who—
5 (1) retires under section 8336(d)(2) or
6 8414(b)(1)(B) of title 5, United States Code; or
7 (2) retires under any other provision of sub-
8 chapter III of chapter 83 or chapter 84 of such title
9 5 and receives a payment as an incentive to separate,
10 the separating agency shall remit to the Civil Service
11 Retirement and Disability Fund an amount equal to
12 the Office of Personnel Management’s average unit
13 cost of processing a retirement claim for the preceding
14 fiscal year. Such amounts shall be available until ex-
15 pended to the Office of Personnel Management and
16 shall be deemed to be an administrative expense
17 under section 8348(a)(1)(B) of title 5, United States
18 Code.
19 SEC. 735. (a) None of the funds made available in this
20 or any other Act may be used to recommend or require any
21 entity submitting an offer for a Federal contract to disclose
22 any of the following information as a condition of submit-
23 ting the offer:
24 (1) Any payment consisting of a contribution,
25 expenditure, independent expenditure, or disburse-
† HR 2617 EAS2
617
1 ment for an electioneering communication that is
2 made by the entity, its officers or directors, or any of
3 its affiliates or subsidiaries to a candidate for election
4 for Federal office or to a political committee, or that
5 is otherwise made with respect to any election for
6 Federal office.
7 (2) Any disbursement of funds (other than a
8 payment described in paragraph (1)) made by the en-
9 tity, its officers or directors, or any of its affiliates or
10 subsidiaries to any person with the intent or the rea-
11 sonable expectation that the person will use the funds
12 to make a payment described in paragraph (1).
13 (b) In this section, each of the terms ‘‘contribution’’,
14 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering
15 communication’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Federal of-
16 fice’’ has the meaning given such term in the Federal Elec-
17 tion Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
18 SEC. 736. None of the funds made available in this
19 or any other Act may be used to pay for the painting of
20 a portrait of an officer or employee of the Federal Govern-
21 ment, including the President, the Vice President, a Member
22 of Congress (including a Delegate or a Resident Commis-
23 sioner to Congress), the head of an executive branch agency
24 (as defined in section 133 of title 41, United States Code),
25 or the head of an office of the legislative branch.
† HR 2617 EAS2
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1 SEC. 737. (a)(1) Notwithstanding any other provision
2 of law, and except as otherwise provided in this section,
3 no part of any of the funds appropriated for fiscal year
4 2023, by this or any other Act, may be used to pay any
5 prevailing rate employee described in section 5342(a)(2)(A)
6 of title 5, United States Code—
7 (A) during the period from the date of expiration
8 of the limitation imposed by the comparable section
9 for the previous fiscal years until the normal effective
10 date of the applicable wage survey adjustment that is
11 to take effect in fiscal year 2023, in an amount that
12 exceeds the rate payable for the applicable grade and
13 step of the applicable wage schedule in accordance
14 with such section; and
15 (B) during the period consisting of the remain-
16 der of fiscal year 2023, in an amount that exceeds,
17 as a result of a wage survey adjustment, the rate pay-
18 able under subparagraph (A) by more than the sum
19 of—
20 (i) the percentage adjustment taking effect
21 in fiscal year 2023 under section 5303 of title 5,
22 United States Code, in the rates of pay under the
23 General Schedule; and
24 (ii) the difference between the overall aver-
25 age percentage of the locality-based com-
† HR 2617 EAS2
619
1 parability payments taking effect in fiscal year
2 2023 under section 5304 of such title (whether by
3 adjustment or otherwise), and the overall average
4 percentage of such payments which was effective
5 in the previous fiscal year under such section.
6 (2) Notwithstanding any other provision of law, no
7 prevailing rate employee described in subparagraph (B) or
8 (C) of section 5342(a)(2) of title 5, United States Code, and
9 no employee covered by section 5348 of such title, may be
10 paid during the periods for which paragraph (1) is in effect
11 at a rate that exceeds the rates that would be payable under
12 paragraph (1) were paragraph (1) applicable to such em-
13 ployee.
14 (3) For the purposes of this subsection, the rates pay-
15 able to an employee who is covered by this subsection and
16 who is paid from a schedule not in existence on September
17 30, 2022, shall be determined under regulations prescribed
18 by the Office of Personnel Management.
19 (4) Notwithstanding any other provision of law, rates
20 of premium pay for employees subject to this subsection
21 may not be changed from the rates in effect on September
22 30, 2022, except to the extent determined by the Office of
23 Personnel Management to be consistent with the purpose of
24 this subsection.
† HR 2617 EAS2
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1 (5) This subsection shall apply with respect to pay for
2 service performed after September 30, 2022.
3 (6) For the purpose of administering any provision
4 of law (including any rule or regulation that provides pre-
5 mium pay, retirement, life insurance, or any other em-
6 ployee benefit) that requires any deduction or contribution,
7 or that imposes any requirement or limitation on the basis
8 of a rate of salary or basic pay, the rate of salary or basic
9 pay payable after the application of this subsection shall
10 be treated as the rate of salary or basic pay.
11 (7) Nothing in this subsection shall be considered to
12 permit or require the payment to any employee covered by
13 this subsection at a rate in excess of the rate that would
14 be payable were this subsection not in effect.
15 (8) The Office of Personnel Management may provide
16 for exceptions to the limitations imposed by this subsection
17 if the Office determines that such exceptions are necessary
18 to ensure the recruitment or retention of qualified employ-
19 ees.
20 (b) Notwithstanding subsection (a), the adjustment in
21 rates of basic pay for the statutory pay systems that take
22 place in fiscal year 2023 under sections 5344 and 5348 of
23 title 5, United States Code, shall be—
24 (1) not less than the percentage received by em-
25 ployees in the same location whose rates of basic pay
† HR 2617 EAS2
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1 are adjusted pursuant to the statutory pay systems
2 under sections 5303 and 5304 of title 5, United States
3 Code: Provided, That prevailing rate employees at lo-
4 cations where there are no employees whose pay is in-
5 creased pursuant to sections 5303 and 5304 of title 5,
6 United States Code, and prevailing rate employees de-
7 scribed in section 5343(a)(5) of title 5, United States
8 Code, shall be considered to be located in the pay lo-
9 cality designated as ‘‘Rest of United States’’ pursuant
10 to section 5304 of title 5, United States Code, for pur-
11 poses of this subsection; and
12 (2) effective as of the first day of the first appli-
13 cable pay period beginning after September 30, 2022.
14 SEC. 738. (a) The head of any Executive branch de-
15 partment, agency, board, commission, or office funded by
16 this or any other appropriations Act shall submit annual
17 reports to the Inspector General or senior ethics official for
18 any entity without an Inspector General, regarding the
19 costs and contracting procedures related to each conference
20 held by any such department, agency, board, commission,
21 or office during fiscal year 2023 for which the cost to the
22 United States Government was more than $100,000.
23 (b) Each report submitted shall include, for each con-
24 ference described in subsection (a) held during the applica-
25 ble period—
† HR 2617 EAS2
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1 (1) a description of its purpose;
2 (2) the number of participants attending;
3 (3) a detailed statement of the costs to the United
4 States Government, including—
5 (A) the cost of any food or beverages;
6 (B) the cost of any audio-visual services;
7 (C) the cost of employee or contractor travel
8 to and from the conference; and
9 (D) a discussion of the methodology used to
10 determine which costs relate to the conference;
11 and
12 (4) a description of the contracting procedures
13 used including—
14 (A) whether contracts were awarded on a
15 competitive basis; and
16 (B) a discussion of any cost comparison
17 conducted by the departmental component or of-
18 fice in evaluating potential contractors for the
19 conference.
20 (c) Within 15 days after the end of a quarter, the head
21 of any such department, agency, board, commission, or of-
22 fice shall notify the Inspector General or senior ethics offi-
23 cial for any entity without an Inspector General, of the
24 date, location, and number of employees attending a con-
25 ference held by any Executive branch department, agency,
† HR 2617 EAS2
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1 board, commission, or office funded by this or any other
2 appropriations Act during fiscal year 2023 for which the
3 cost to the United States Government was more than
4 $20,000.
5 (d) A grant or contract funded by amounts appro-
6 priated by this or any other appropriations Act may not
7 be used for the purpose of defraying the costs of a conference
8 described in subsection (c) that is not directly and program-
9 matically related to the purpose for which the grant or con-
10 tract was awarded, such as a conference held in connection
11 with planning, training, assessment, review, or other rou-
12 tine purposes related to a project funded by the grant or
13 contract.
14 (e) None of the funds made available in this or any
15 other appropriations Act may be used for travel and con-
16 ference activities that are not in compliance with Office of
17 Management and Budget Memorandum M–12–12 dated
18 May 11, 2012 or any subsequent revisions to that memo-
19 randum.
20 SEC. 739. None of the funds made available in this
21 or any other appropriations Act may be used to increase,
22 eliminate, or reduce funding for a program, project, or ac-
23 tivity as proposed in the President’s budget request for a
24 fiscal year until such proposed change is subsequently en-
25 acted in an appropriation Act, or unless such change is
† HR 2617 EAS2
624
1 made pursuant to the reprogramming or transfer provisions
2 of this or any other appropriations Act.
3 SEC. 740. None of the funds made available by this
4 or any other Act may be used to implement, administer,
5 enforce, or apply the rule entitled ‘‘Competitive Area’’ pub-
6 lished by the Office of Personnel Management in the Federal
7 Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.).
8 SEC. 741. None of the funds appropriated or otherwise
9 made available by this or any other Act may be used to
10 begin or announce a study or public-private competition
11 regarding the conversion to contractor performance of any
12 function performed by Federal employees pursuant to Office
13 of Management and Budget Circular A–76 or any other ad-
14 ministrative regulation, directive, or policy.
15 SEC. 742. (a) None of the funds appropriated or other-
16 wise made available by this or any other Act may be avail-
17 able for a contract, grant, or cooperative agreement with
18 an entity that requires employees or contractors of such en-
19 tity seeking to report fraud, waste, or abuse to sign internal
20 confidentiality agreements or statements prohibiting or oth-
21 erwise restricting such employees or contractors from law-
22 fully reporting such waste, fraud, or abuse to a designated
23 investigative or law enforcement representative of a Federal
24 department or agency authorized to receive such informa-
25 tion.
† HR 2617 EAS2
625
1 (b) The limitation in subsection (a) shall not con-
2 travene requirements applicable to Standard Form 312,
3 Form 4414, or any other form issued by a Federal depart-
4 ment or agency governing the nondisclosure of classified in-
5 formation.
6 SEC. 743. (a) No funds appropriated in this or any
7 other Act may be used to implement or enforce the agree-
8 ments in Standard Forms 312 and 4414 of the Government
9 or any other nondisclosure policy, form, or agreement if
10 such policy, form, or agreement does not contain the fol-
11 lowing provisions: ‘‘These provisions are consistent with
12 and do not supersede, conflict with, or otherwise alter the
13 employee obligations, rights, or liabilities created by exist-
14 ing statute or Executive order relating to (1) classified in-
15 formation, (2) communications to Congress, (3) the report-
16 ing to an Inspector General or the Office of Special Counsel
17 of a violation of any law, rule, or regulation, or mis-
18 management, a gross waste of funds, an abuse of authority,
19 or a substantial and specific danger to public health or safe-
20 ty, or (4) any other whistleblower protection. The defini-
21 tions, requirements, obligations, rights, sanctions, and li-
22 abilities created by controlling Executive orders and statu-
23 tory provisions are incorporated into this agreement and
24 are controlling.’’: Provided, That notwithstanding the pre-
25 ceding provision of this section, a nondisclosure policy form
† HR 2617 EAS2
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1 or agreement that is to be executed by a person connected
2 with the conduct of an intelligence or intelligence-related
3 activity, other than an employee or officer of the United
4 States Government, may contain provisions appropriate to
5 the particular activity for which such document is to be
6 used. Such form or agreement shall, at a minimum, require
7 that the person will not disclose any classified information
8 received in the course of such activity unless specifically au-
9 thorized to do so by the United States Government. Such
10 nondisclosure forms shall also make it clear that they do
11 not bar disclosures to Congress, or to an authorized official
12 of an executive agency or the Department of Justice, that
13 are essential to reporting a substantial violation of law.
14 (b) A nondisclosure agreement may continue to be im-
15 plemented and enforced notwithstanding subsection (a) if
16 it complies with the requirements for such agreement that
17 were in effect when the agreement was entered into.
18 (c) No funds appropriated in this or any other Act
19 may be used to implement or enforce any agreement entered
20 into during fiscal year 2014 which does not contain sub-
21 stantially similar language to that required in subsection
22 (a).
23 SEC. 744. None of the funds made available by this
24 or any other Act may be used to enter into a contract,
25 memorandum of understanding, or cooperative agreement
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1 with, make a grant to, or provide a loan or loan guarantee
2 to, any corporation that has any unpaid Federal tax liabil-
3 ity that has been assessed, for which all judicial and admin-
4 istrative remedies have been exhausted or have lapsed, and
5 that is not being paid in a timely manner pursuant to an
6 agreement with the authority responsible for collecting the
7 tax liability, where the awarding agency is aware of the
8 unpaid tax liability, unless a Federal agency has considered
9 suspension or debarment of the corporation and has made
10 a determination that this further action is not necessary
11 to protect the interests of the Government.
12 SEC. 745. None of the funds made available by this
13 or any other Act may be used to enter into a contract,
14 memorandum of understanding, or cooperative agreement
15 with, make a grant to, or provide a loan or loan guarantee
16 to, any corporation that was convicted of a felony criminal
17 violation under any Federal law within the preceding 24
18 months, where the awarding agency is aware of the convic-
19 tion, unless a Federal agency has considered suspension or
20 debarment of the corporation and has made a determina-
21 tion that this further action is not necessary to protect the
22 interests of the Government.
23 SEC. 746. (a) During fiscal year 2023, on the date on
24 which a request is made for a transfer of funds in accord-
25 ance with section 1017 of Public Law 111–203, the Bureau
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1 of Consumer Financial Protection shall notify the Commit-
2 tees on Appropriations of the House of Representatives and
3 the Senate, the Committee on Financial Services of the
4 House of Representatives, and the Committee on Banking,
5 Housing, and Urban Affairs of the Senate of such request.
6 (b) Any notification required by this section shall be
7 made available on the Bureau’s public website.
8 SEC. 747. (a) Notwithstanding any official rate ad-
9 justed under section 104 of title 3, United States Code, the
10 rate payable to the Vice President during calendar year
11 2023 shall be the rate payable to the Vice President on De-
12 cember 31, 2022, by operation of section 747 of division
13 E of Public Law 117–103.
14 (b) Notwithstanding any official rate adjusted under
15 section 5318 of title 5, United States Code, or any other
16 provision of law, the payable rate during calendar year
17 2023 for an employee serving in an Executive Schedule po-
18 sition, or in a position for which the rate of pay is fixed
19 by statute at an Executive Schedule rate, shall be the rate
20 payable for the applicable Executive Schedule level on De-
21 cember 31, 2022, by operation of section 747 of division
22 E of Public Law 117–103. Such an employee may not re-
23 ceive a rate increase during calendar year 2023, except as
24 provided in subsection (i).
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1 (c) Notwithstanding section 401 of the Foreign Service
2 Act of 1980 (Public Law 96–465) or any other provision
3 of law, a chief of mission or ambassador at large is subject
4 to subsection (b) in the same manner as other employees
5 who are paid at an Executive Schedule rate.
6 (d)(1) This subsection applies to—
7 (A) a noncareer appointee in the Senior Execu-
8 tive Service paid a rate of basic pay at or above the
9 official rate for level IV of the Executive Schedule; or
10 (B) a limited term appointee or limited emer-
11 gency appointee in the Senior Executive Service serv-
12 ing under a political appointment and paid a rate of
13 basic pay at or above the official rate for level IV of
14 the Executive Schedule.
15 (2) Notwithstanding sections 5382 and 5383 of title
16 5, United States Code, an employee described in paragraph
17 (1) may not receive a pay rate increase during calendar
18 year 2023, except as provided in subsection (i).
19 (e) Notwithstanding any other provision of law, any
20 employee paid a rate of basic pay (including any locality
21 based payments under section 5304 of title 5, United States
22 Code, or similar authority) at or above the official rate for
23 level IV of the Executive Schedule who serves under a polit-
24 ical appointment may not receive a pay rate increase dur-
25 ing calendar year 2023, except as provided in subsection
† HR 2617 EAS2
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1 (i). This subsection does not apply to employees in the Gen-
2 eral Schedule pay system or the Foreign Service pay sys-
3 tem, to employees appointed under section 3161 of title 5,
4 United States Code, or to employees in another pay system
5 whose position would be classified at GS–15 or below if
6 chapter 51 of title 5, United States Code, applied to them.
7 (f) Nothing in subsections (b) through (e) shall prevent
8 employees who do not serve under a political appointment
9 from receiving pay increases as otherwise provided under
10 applicable law.
11 (g) This section does not apply to an individual who
12 makes an election to retain Senior Executive Service basic
13 pay under section 3392(c) of title 5, United States Code,
14 for such time as that election is in effect.
15 (h) This section does not apply to an individual who
16 makes an election to retain Senior Foreign Service pay en-
17 titlements under section 302(b) of the Foreign Service Act
18 of 1980 (Public Law 96–465) for such time as that election
19 is in effect.
20 (i) Notwithstanding subsections (b) through (e), an em-
21 ployee in a covered position may receive a pay rate increase
22 upon an authorized movement to a different covered posi-
23 tion only if that new position has higher-level duties and
24 a pre-established level or range of pay higher than the level
25 or range for the position held immediately before the move-
† HR 2617 EAS2
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1 ment. Any such increase must be based on the rates of pay
2 and applicable limitations on payable rates of pay in effect
3 on December 31, 2022, by operation of section 747 of divi-
4 sion E of Public Law 117–103.
5 (j) Notwithstanding any other provision of law, for an
6 individual who is newly appointed to a covered position
7 during the period of time subject to this section, the initial
8 pay rate shall be based on the rates of pay and applicable
9 limitations on payable rates of pay in effect on December
10 31, 2022, by operation of section 747 of division E of Public
11 Law 117–103.
12 (k) If an employee affected by this section is subject
13 to a biweekly pay period that begins in calendar year 2023
14 but ends in calendar year 2024, the bar on the employee’s
15 receipt of pay rate increases shall apply through the end
16 of that pay period.
17 (l) For the purpose of this section, the term ‘‘covered
18 position’’ means a position occupied by an employee whose
19 pay is restricted under this section.
20 (m) This section takes effect on the first day of the first
21 applicable pay period beginning on or after January 1,
22 2023.
23 SEC. 748. In the event of a violation of the Impound-
24 ment Control Act of 1974, the President or the head of the
25 relevant department or agency, as the case may be, shall
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1 report immediately to the Congress all relevant facts and
2 a statement of actions taken: Provided, That a copy of each
3 report shall also be transmitted to the Committees on Ap-
4 propriations of the House of Representatives and the Senate
5 and the Comptroller General on the same date the report
6 is transmitted to the Congress.
7 SEC. 749. (a) Each department or agency of the execu-
8 tive branch of the United States Government shall notify
9 the Committees on Appropriations and the Budget of the
10 House of Representatives and the Senate and any other ap-
11 propriate congressional committees if—
12 (1) an apportionment is not made in the re-
13 quired time period provided in section 1513(b) of title
14 31, United States Code;
15 (2) an approved apportionment received by the
16 department or agency conditions the availability of
17 an appropriation on further action; or
18 (3) an approved apportionment received by the
19 department or agency may hinder the prudent obliga-
20 tion of such appropriation or the execution of a pro-
21 gram, project, or activity by such department or
22 agency.
23 (b) Any notification submitted to a congressional com-
24 mittee pursuant to this section shall contain information
25 identifying the bureau, account name, appropriation name,
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1 and Treasury Appropriation Fund Symbol or fund ac-
2 count.
3 SEC. 750. (a) Any non-Federal entity receiving funds
4 provided in this or any other appropriations Act for fiscal
5 year 2023 that are specified in the disclosure table sub-
6 mitted in compliance with clause 9 of rule XXI of the Rules
7 of the House of Representatives or Rule XLIV of the Stand-
8 ing Rules of the Senate that is included in the report or
9 explanatory statement accompanying any such Act shall be
10 deemed to be a recipient of a Federal award with respect
11 to such funds for purposes of the requirements of 2 CFR
12 200.334, regarding records retention, and 2 CFR 200.337,
13 regarding access by the Comptroller General of the United
14 States.
15 (b) Nothing in this section shall be construed to limit,
16 amend, supersede, or restrict in any manner any require-
17 ments otherwise applicable to non-Federal entities described
18 in paragraph (1) or any existing authority of the Comp-
19 troller General.
20 SEC. 751. Notwithstanding section 1346 of title 31,
21 United States Code, or section 708 of this Act, funds made
22 available by this or any other Act to any Federal agency
23 may be used by that Federal agency for interagency funding
24 for coordination with, participation in, or recommenda-
25 tions involving, activities of the U.S. Army Medical Re-
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1 search and Development Command, the Congressionally Di-
2 rected Medical Research Programs and the National Insti-
3 tutes of Health research programs.
4 SEC. 752. (a)(1) Not later than 100 days after the date
5 of enactment of this Act, the Director of the Office of Man-
6 agement and Budget (in this section referred to as the ‘‘Di-
7 rector’’), in coordination with the Architectural and Trans-
8 portation Barriers Compliance Board and the Adminis-
9 trator of General Services (in this section referred to as the
10 ‘‘Administrator’’), shall disseminate amended or updated
11 criteria and instructions to any Federal department or
12 agency (in this section referred to as an ‘‘agency’’) covered
13 by section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
14 794d) for the evaluation required pursuant to paragraph
15 (3)(B).
16 (2) Such criteria and instructions shall—
17 (A) include, at minimum, requirements that in-
18 formation technologies and digital services must–
19 (i) conform to the technical standards ref-
20 erenced in subsection (a)(2)(A) of such section
21 508, as determined by appropriate conformance
22 testing; and
23 (ii) be accessible to and usable by individ-
24 uals with disabilities as determined from con-
25 sultation with individuals with disabilities, in-
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1 cluding those with visual, auditory, tactile, and
2 cognitive disabilities, or members of any dis-
3 ability organization; and
4 (B) provide guidance to agencies regarding the
5 types and format of data and information to be sub-
6 mitted to the Director and the Administrator pursu-
7 ant to paragraph (3), including how to submit such
8 data and information, the metrics by which compli-
9 ance will be assessed in the reports required in sub-
10 section (b), and any other directions necessary for
11 agencies to demonstrate compliance with accessibility
12 standards for electronic and information technology
13 procured and in use within an agency, as required by
14 such section 508.
15 (3) Not later than 225 days after the date of enactment
16 of this Act, the head of each agency shall—
17 (A) evaluate the extent to which the electronic
18 and information technology of the agency are acces-
19 sible to and usable by individuals with disabilities de-
20 scribed in subsection (a)(1) of such section 508 com-
21 pared to the access to and use of the technology and
22 services by individuals described in such section who
23 are not individuals with disabilities;
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1 (B) evaluate the electronic and information tech-
2 nology of the agency in accordance with the criteria
3 and instructions provided in paragraph (1); and
4 (C) submit a report containing the evaluations
5 jointly to the Director and the Administrator.
6 (b)(1) Not later than 1 year after the date of enactment
7 of this Act, and annually thereafter, the Administrator, in
8 consultation with the Director, shall prepare and submit
9 to the Committees on Appropriations and Homeland Secu-
10 rity and Governmental Affairs of the Senate and the Com-
11 mittees on Appropriations and Oversight and Reform of the
12 House of Representatives a report that shall include—
13 (A) a comprehensive assessment (including infor-
14 mation identifying the metrics and data used) of
15 compliance by each agency, and by the Federal Gov-
16 ernment generally, with the criteria and instructions
17 disseminated under subsection (a)(1);
18 (B) a detailed description of the actions, activi-
19 ties, and other efforts made by the Administrator over
20 the year preceding submission to support such com-
21 pliance at agencies and any planned efforts in the
22 coming year to improve compliance at agencies; and
23 (C) a list of recommendations that agencies or
24 Congress may take to help support that compliance.
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1 (2) The Administrator shall ensure that the reports re-
2 quired under this subsection are made available on a public
3 website and are maintained as an open Government data
4 asset (as that term is defined in section 3502 of title 44,
5 United States Code).
6 SEC. 753. Notwithstanding 31 U.S.C. 1346 and section
7 708 of this Act, the head of each Executive department and
8 agency is hereby authorized to transfer to or reimburse
9 ‘‘General Services Administration, Federal Citizen Services
10 Fund’’ with the approval of the Director of the Office of
11 Management and Budget, funds made available for the cur-
12 rent fiscal year by this or any other Act, including rebates
13 from charge card and other contracts: Provided, That these
14 funds, in addition to amounts otherwise available, shall be
15 administered by the Administrator of General Services to
16 carry out the purposes of the Federal Citizen Services Fund
17 and to support Government-wide and other multi-agency
18 financial, information technology, procurement, and other
19 activities, including services authorized by 44 U.S.C. 3604
20 and enabling Federal agencies to take advantage of infor-
21 mation technology in sharing information: Provided fur-
22 ther, That the total funds transferred or reimbursed shall
23 not exceed $15,000,000 for such purposes: Provided further,
24 That the funds transferred to or for reimbursement of ‘‘Gen-
25 eral Services Administration, Federal Citizen Services
† HR 2617 EAS2
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1 Fund’’ during fiscal year 2023 shall remain available for
2 obligation through September 30, 2024: Provided further,
3 That not later than 90 days after enactment of this Act,
4 the Administrator of General Services, in consultation with
5 the Director of the Office of Management and Budget, shall
6 submit to the Committees on Appropriations of the House
7 of Representatives and the Senate a detailed spend plan for
8 the funds to be transferred or reimbursed: Provided further,
9 That the spend plan shall, at a minimum, include: (i) the
10 amounts currently in the funds authorized under this sec-
11 tion and the estimate of amounts to be transferred or reim-
12 bursed in fiscal year 2023; (ii) a detailed breakdown of the
13 purposes for all funds estimated to be transferred or reim-
14 bursed pursuant to this section (including total number of
15 personnel and costs for all staff whose salaries are provided
16 for by this section); and (iii) where applicable, a descrip-
17 tion of the funds intended for use by or for the implementa-
18 tion of specific laws passed by Congress: Provided further,
19 That no transfers or reimbursements may be made pursu-
20 ant to this section until 15 days following notification of
21 the Committees on Appropriations of the House of Rep-
22 resentatives and the Senate by the Director of the Office
23 of Management and Budget.
† HR 2617 EAS2
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1 SEC. 754. Except as expressly provided otherwise, any
2 reference to ‘‘this Act’’ contained in any title other than
3 title IV or VIII shall not apply to such title IV or VIII.
† HR 2617 EAS2
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1 TITLE VIII
2 GENERAL PROVISIONS—DISTRICT OF COLUMBIA
3 (INCLUDING TRANSFERS OF FUNDS)
4 SEC. 801. There are appropriated from the applicable
5 funds of the District of Columbia such sums as may be nec-
6 essary for making refunds and for the payment of legal set-
7 tlements or judgments that have been entered against the
8 District of Columbia government.
9 SEC. 802. None of the Federal funds provided in this
10 Act shall be used for publicity or propaganda purposes or
11 implementation of any policy including boycott designed to
12 support or defeat legislation pending before Congress or any
13 State legislature.
14 SEC. 803. (a) None of the Federal funds provided
15 under this Act to the agencies funded by this Act, both Fed-
16 eral and District government agencies, that remain avail-
17 able for obligation or expenditure in fiscal year 2023, or
18 provided from any accounts in the Treasury of the United
19 States derived by the collection of fees available to the agen-
20 cies funded by this Act, shall be available for obligation or
21 expenditures for an agency through a reprogramming of
22 funds which—
23 (1) creates new programs;
24 (2) eliminates a program, project, or responsi-
25 bility center;
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1 (3) establishes or changes allocations specifically
2 denied, limited or increased under this Act;
3 (4) increases funds or personnel by any means
4 for any program, project, or responsibility center for
5 which funds have been denied or restricted;
6 (5) re-establishes any program or project pre-
7 viously deferred through reprogramming;
8 (6) augments any existing program, project, or
9 responsibility center through a reprogramming of
10 funds in excess of $3,000,000 or 10 percent, whichever
11 is less; or
12 (7) increases by 20 percent or more personnel as-
13 signed to a specific program, project or responsibility
14 center, unless prior approval is received from the
15 Committees on Appropriations of the House of Rep-
16 resentatives and the Senate.
17 (b) The District of Columbia government is authorized
18 to approve and execute reprogramming and transfer re-
19 quests of local funds under this title through November 7,
20 2023.
21 SEC. 804. None of the Federal funds provided in this
22 Act may be used by the District of Columbia to provide
23 for salaries, expenses, or other costs associated with the of-
24 fices of United States Senator or United States Representa-
25 tive under section 4(d) of the District of Columbia State-
† HR 2617 EAS2
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1 hood Constitutional Convention Initiatives of 1979 (D.C.
2 Law 3–171; D.C. Official Code, sec. 1–123).
3 SEC. 805. Except as otherwise provided in this section,
4 none of the funds made available by this Act or by any
5 other Act may be used to provide any officer or employee
6 of the District of Columbia with an official vehicle unless
7 the officer or employee uses the vehicle only in the perform-
8 ance of the officer’s or employee’s official duties. For pur-
9 poses of this section, the term ‘‘official duties’’ does not in-
10 clude travel between the officer’s or employee’s residence and
11 workplace, except in the case of—
12 (1) an officer or employee of the Metropolitan
13 Police Department who resides in the District of Co-
14 lumbia or is otherwise designated by the Chief of the
15 Department;
16 (2) at the discretion of the Fire Chief, an officer
17 or employee of the District of Columbia Fire and
18 Emergency Medical Services Department who resides
19 in the District of Columbia and is on call 24 hours
20 a day;
21 (3) at the discretion of the Director of the De-
22 partment of Corrections, an officer or employee of the
23 District of Columbia Department of Corrections who
24 resides in the District of Columbia and is on call 24
25 hours a day;
† HR 2617 EAS2
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1 (4) at the discretion of the Chief Medical Exam-
2 iner, an officer or employee of the Office of the Chief
3 Medical Examiner who resides in the District of Co-
4 lumbia and is on call 24 hours a day;
5 (5) at the discretion of the Director of the Home-
6 land Security and Emergency Management Agency,
7 an officer or employee of the Homeland Security and
8 Emergency Management Agency who resides in the
9 District of Columbia and is on call 24 hours a day;
10 (6) the Mayor of the District of Columbia; and
11 (7) the Chairman of the Council of the District
12 of Columbia.
13 SEC. 806. (a) None of the Federal funds contained in
14 this Act may be used by the District of Columbia Attorney
15 General or any other officer or entity of the District govern-
16 ment to provide assistance for any petition drive or civil
17 action which seeks to require Congress to provide for voting
18 representation in Congress for the District of Columbia.
19 (b) Nothing in this section bars the District of Colum-
20 bia Attorney General from reviewing or commenting on
21 briefs in private lawsuits, or from consulting with officials
22 of the District government regarding such lawsuits.
23 SEC. 807. None of the Federal funds contained in this
24 Act may be used to distribute any needle or syringe for the
25 purpose of preventing the spread of blood borne pathogens
† HR 2617 EAS2
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1 in any location that has been determined by the local public
2 health or local law enforcement authorities to be inappro-
3 priate for such distribution.
4 SEC. 808. Nothing in this Act may be construed to pre-
5 vent the Council or Mayor of the District of Columbia from
6 addressing the issue of the provision of contraceptive cov-
7 erage by health insurance plans, but it is the intent of Con-
8 gress that any legislation enacted on such issue should in-
9 clude a ‘‘conscience clause’’ which provides exceptions for
10 religious beliefs and moral convictions.
11 SEC. 809. (a) None of the Federal funds contained in
12 this Act may be used to enact or carry out any law, rule,
13 or regulation to legalize or otherwise reduce penalties asso-
14 ciated with the possession, use, or distribution of any sched-
15 ule I substance under the Controlled Substances Act (21
16 U.S.C. 801 et seq.) or any tetrahydrocannabinols deriva-
17 tive.
18 (b) No funds available for obligation or expenditure
19 by the District of Columbia government under any author-
20 ity may be used to enact any law, rule, or regulation to
21 legalize or otherwise reduce penalties associated with the
22 possession, use, or distribution of any schedule I substance
23 under the Controlled Substances Act (21 U.S.C. 801 et seq.)
24 or any tetrahydrocannabinols derivative for recreational
25 purposes.
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1 SEC. 810. No funds available for obligation or expendi-
2 ture by the District of Columbia government under any au-
3 thority shall be expended for any abortion except where the
4 life of the mother would be endangered if the fetus were car-
5 ried to term or where the pregnancy is the result of an act
6 of rape or incest.
7 SEC. 811. (a) No later than 30 calendar days after
8 the date of the enactment of this Act, the Chief Financial
9 Officer for the District of Columbia shall submit to the ap-
10 propriate committees of Congress, the Mayor, and the Coun-
11 cil of the District of Columbia, a revised appropriated funds
12 operating budget in the format of the budget that the Dis-
13 trict of Columbia government submitted pursuant to section
14 442 of the District of Columbia Home Rule Act (D.C. Offi-
15 cial Code, sec. 1–204.42), for all agencies of the District of
16 Columbia government for fiscal year 2023 that is in the
17 total amount of the approved appropriation and that re-
18 aligns all budgeted data for personal services and other-
19 than-personal services, respectively, with anticipated actual
20 expenditures.
21 (b) This section shall apply only to an agency for
22 which the Chief Financial Officer for the District of Colum-
23 bia certifies that a reallocation is required to address unan-
24 ticipated changes in program requirements.
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1 SEC. 812. No later than 30 calendar days after the
2 date of the enactment of this Act, the Chief Financial Offi-
3 cer for the District of Columbia shall submit to the appro-
4 priate committees of Congress, the Mayor, and the Council
5 for the District of Columbia, a revised appropriated funds
6 operating budget for the District of Columbia Public
7 Schools that aligns schools budgets to actual enrollment. The
8 revised appropriated funds budget shall be in the format
9 of the budget that the District of Columbia government sub-
10 mitted pursuant to section 442 of the District of Columbia
11 Home Rule Act (D.C. Official Code, sec. 1–204.42).
12 SEC. 813. (a) Amounts appropriated in this Act as
13 operating funds may be transferred to the District of Co-
14 lumbia’s enterprise and capital funds and such amounts,
15 once transferred, shall retain appropriation authority con-
16 sistent with the provisions of this Act.
17 (b) The District of Columbia government is authorized
18 to reprogram or transfer for operating expenses any local
19 funds transferred or reprogrammed in this or the four prior
20 fiscal years from operating funds to capital funds, and such
21 amounts, once transferred or reprogrammed, shall retain
22 appropriation authority consistent with the provisions of
23 this Act.
24 (c) The District of Columbia government may not
25 transfer or reprogram for operating expenses any funds de-
† HR 2617 EAS2
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1 rived from bonds, notes, or other obligations issued for cap-
2 ital projects.
3 SEC. 814. None of the Federal funds appropriated in
4 this Act shall remain available for obligation beyond the
5 current fiscal year, nor may any be transferred to other
6 appropriations, unless expressly so provided herein.
7 SEC. 815. Except as otherwise specifically provided by
8 law or under this Act, not to exceed 50 percent of unobli-
9 gated balances remaining available at the end of fiscal year
10 2023 from appropriations of Federal funds made available
11 for salaries and expenses for fiscal year 2023 in this Act,
12 shall remain available through September 30, 2024, for each
13 such account for the purposes authorized: Provided, That
14 a request shall be submitted to the Committees on Appro-
15 priations of the House of Representatives and the Senate
16 for approval prior to the expenditure of such funds: Pro-
17 vided further, That these requests shall be made in compli-
18 ance with reprogramming guidelines outlined in section
19 803 of this Act.
20 SEC. 816. (a)(1) During fiscal year 2024, during a
21 period in which neither a District of Columbia continuing
22 resolution or a regular District of Columbia appropriation
23 bill is in effect, local funds are appropriated in the amount
24 provided for any project or activity for which local funds
25 are provided in the Act referred to in paragraph (2) (subject
† HR 2617 EAS2
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1 to any modifications enacted by the District of Columbia
2 as of the beginning of the period during which this sub-
3 section is in effect) at the rate set forth by such Act.
4 (2) The Act referred to in this paragraph is the Act
5 of the Council of the District of Columbia pursuant to which
6 a proposed budget is approved for fiscal year 2024 which
7 (subject to the requirements of the District of Columbia
8 Home Rule Act) will constitute the local portion of the an-
9 nual budget for the District of Columbia government for
10 fiscal year 2024 for purposes of section 446 of the District
11 of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
12 Code).
13 (b) Appropriations made by subsection (a) shall cease
14 to be available—
15 (1) during any period in which a District of Co-
16 lumbia continuing resolution for fiscal year 2024 is
17 in effect; or
18 (2) upon the enactment into law of the regular
19 District of Columbia appropriation bill for fiscal year
20 2024.
21 (c) An appropriation made by subsection (a) is pro-
22 vided under the authority and conditions as provided under
23 this Act and shall be available to the extent and in the man-
24 ner that would be provided by this Act.
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1 (d) An appropriation made by subsection (a) shall
2 cover all obligations or expenditures incurred for such
3 project or activity during the portion of fiscal year 2024
4 for which this section applies to such project or activity.
5 (e) This section shall not apply to a project or activity
6 during any period of fiscal year 2024 if any other provision
7 of law (other than an authorization of appropriations)—
8 (1) makes an appropriation, makes funds avail-
9 able, or grants authority for such project or activity
10 to continue for such period; or
11 (2) specifically provides that no appropriation
12 shall be made, no funds shall be made available, or
13 no authority shall be granted for such project or ac-
14 tivity to continue for such period.
15 (f) Nothing in this section shall be construed to affect
16 obligations of the government of the District of Columbia
17 mandated by other law.
18 SEC. 817. (a) Section 244 of the Revised Statutes of
19 the United States relating to the District of Columbia (sec.
20 9–1201.03, D.C. Official Code) does not apply with respect
21 to any railroads installed pursuant to the Long Bridge
22 Project.
23 (b) In this section, the term ‘‘Long Bridge Project’’
24 means the project carried out by the District of Columbia
25 and the Commonwealth of Virginia to construct a new Long
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1 Bridge adjacent to the existing Long Bridge over the Poto-
2 mac River, including related infrastructure and other re-
3 lated projects, to expand commuter and regional passenger
4 rail service and to provide bike and pedestrian access cross-
5 ings over the Potomac River.
6 SEC. 818. Not later than 45 days after the last day
7 of each quarter, each Federal and District government agen-
8 cy appropriated Federal funds in this Act shall submit to
9 the Committees on Appropriations of the House of Rep-
10 resentatives and the Senate a quarterly budget report that
11 includes total obligations of the Agency for that quarter for
12 each Federal funds appropriation provided in this Act, by
13 the source year of the appropriation.
14 SEC. 819. (a)(1) Section 11–2604(a), District of Co-
15 lumbia Official Code, is amended by striking ‘‘at a fixed
16 rate of $90 per hour’’ and inserting ‘‘an hourly rate not
17 to exceed the rate payable under section 3006A(d)(1) of title
18 18, United States Code’’.
19 (2) The amendments made by this section shall apply
20 with respect to cases and proceedings initiated on or after
21 the date of the enactment of this Act.
22 (b)(1) Section 11–2605, District of Columbia Official
23 Code, is amended in subsections (b) and (c) by striking
24 ‘‘(or, in the case of investigative services, a fixed rate of
25 $25 per hour)’’ each place it appears.
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1 (2) The amendments made by this section shall apply
2 with respect to investigative services provided in connection
3 with cases and proceedings initiated on or after the date
4 of the enactment of this Act.
5 SEC. 820. Except as expressly provided otherwise, any
6 reference to ‘‘this Act’’ contained in this title or in title
7 IV shall be treated as referring only to the provisions of
8 this title or of title IV.
9 This division may be cited as the ‘‘Financial Services
10 and General Government Appropriations Act, 2023’’.
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1 DIVISION F—DEPARTMENT OF HOMELAND
2 SECURITY APPROPRIATIONS ACT, 2023
3 TITLE I
4 DEPARTMENTAL MANAGEMENT, INTELLIGENCE,
5 SITUATIONAL AWARENESS, AND OVERSIGHT
6 OFFICE OF THE SECRETARY AND EXECUTIVE
7 MANAGEMENT
8 OPERATIONS AND SUPPORT
9 For necessary expenses of the Office of the Secretary
10 and for executive management for operations and support,
11 $336,746,000; of which $18,862,000 shall remain available
12 until September 30, 2024: Provided, That not to exceed
13 $30,000 shall be for official reception and representation
14 expenses: Provided further, That $5,000,000 shall be with-
15 held from obligation until the Secretary submits, to the
16 Committees on Appropriations of the Senate and the House
17 of Representatives, responses to all questions for the record
18 for each hearing on the fiscal year 2024 budget submission
19 for the Department of Homeland Security held by such
20 Committees prior to July 1.
21 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
22 For necessary expenses of the Office of the Secretary
23 and for executive management for procurement, construc-
24 tion, and improvements, $8,048,000, to remain available
25 until September 30, 2025.
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1 FEDERAL ASSISTANCE
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses of the Office of the Secretary
4 and for executive management for Federal assistance
5 through grants, contracts, cooperative agreements, and other
6 activities, $40,000,000, which shall be transferred to ‘‘Fed-
7 eral Emergency Management Agency—Federal Assistance’’,
8 of which $20,000,000 shall be for targeted violence and ter-
9 rorism prevention grants and of which $20,000,000, to re-
10 main available until September 30, 2024, shall be for the
11 Alternatives to Detention Case Management pilot program.
12 MANAGEMENT DIRECTORATE
13 OPERATIONS AND SUPPORT
14 For necessary expenses of the Management Directorate
15 for operations and support, including vehicle fleet mod-
16 ernization, $1,743,160,000: Provided, That not to exceed
17 $2,000 shall be for official reception and representation ex-
18 penses.
19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
20 For necessary expenses of the Management Directorate
21 for procurement, construction, and improvements,
22 $325,245,000, of which $137,245,000 shall remain available
23 until September 30, 2025, and of which $188,000,000 shall
24 remain available until September 30, 2027.
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1 FEDERAL PROTECTIVE SERVICE
2 The revenues and collections of security fees credited
3 to this account shall be available until expended for nec-
4 essary expenses related to the protection of federally owned
5 and leased buildings and for the operations of the Federal
6 Protective Service.
7 INTELLIGENCE, ANALYSIS, AND SITUATIONAL AWARENESS
8 OPERATIONS AND SUPPORT
9 For necessary expenses of the Office of Intelligence and
10 Analysis and the Office of Homeland Security Situational
11 Awareness for operations and support, $316,640,000, of
12 which $95,273,000 shall remain available until September
13 30, 2024: Provided, That not to exceed $3,825 shall be for
14 official reception and representation expenses and not to ex-
15 ceed $2,000,000 is available for facility needs associated
16 with secure space at fusion centers, including improvements
17 to buildings.
18 OFFICE OF THE INSPECTOR GENERAL
19 OPERATIONS AND SUPPORT
20 For necessary expenses of the Office of the Inspector
21 General for operations and support, $214,879,000: Pro-
22 vided, That not to exceed $300,000 may be used for certain
23 confidential operational expenses, including the payment of
24 informants, to be expended at the direction of the Inspector
25 General.
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1 ADMINISTRATIVE PROVISIONS
2 (INCLUDING TRANSFER OF FUNDS)
3 SEC. 101. (a) The Secretary of Homeland Security
4 shall submit a report not later than October 15, 2023, to
5 the Inspector General of the Department of Homeland Secu-
6 rity listing all grants and contracts awarded by any means
7 other than full and open competition during fiscal years
8 2022 or 2023.
9 (b) The Inspector General shall review the report re-
10 quired by subsection (a) to assess departmental compliance
11 with applicable laws and regulations and report the results
12 of that review to the Committees on Appropriations of the
13 Senate and the House of Representatives not later than Feb-
14 ruary 15, 2024.
15 SEC. 102. Not later than 30 days after the last day
16 of each month, the Chief Financial Officer of the Depart-
17 ment of Homeland Security shall submit to the Committees
18 on Appropriations of the Senate and the House of Rep-
19 resentatives a monthly budget and staffing report that in-
20 cludes total obligations of the Department for that month
21 and for the fiscal year at the appropriation and program,
22 project, and activity levels, by the source year of the appro-
23 priation.
24 SEC. 103. The Secretary of Homeland Security shall
25 require that all contracts of the Department of Homeland
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1 Security that provide award fees link such fees to successful
2 acquisition outcomes, which shall be specified in terms of
3 cost, schedule, and performance.
4 SEC. 104. (a) The Secretary of Homeland Security, in
5 consultation with the Secretary of the Treasury, shall notify
6 the Committees on Appropriations of the Senate and the
7 House of Representatives of any proposed transfers of funds
8 available under section 9705(g)(4)(B) of title 31, United
9 States Code, from the Department of the Treasury For-
10 feiture Fund to any agency within the Department of
11 Homeland Security.
12 (b) None of the funds identified for such a transfer may
13 be obligated until the Committees on Appropriations of the
14 Senate and the House of Representatives are notified of the
15 proposed transfer.
16 SEC. 105. All official costs associated with the use of
17 Government aircraft by Department of Homeland Security
18 personnel to support official travel of the Secretary and the
19 Deputy Secretary shall be paid from amounts made avail-
20 able for the Office of the Secretary.
21 SEC. 106. (a) The Under Secretary for Management
22 shall brief the Committees on Appropriations of the Senate
23 and the House of Representatives not later than 45 days
24 after the end of each fiscal quarter on all Level 1 and Level
25 2 acquisition programs on the Master Acquisition Oversight
† HR 2617 EAS2
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1 list between Acquisition Decision Event and Full Oper-
2 ational Capability, including programs that have been re-
3 moved from such list during the preceding quarter.
4 (b) For each such program, the briefing described in
5 subsection (a) shall include—
6 (1) a description of the purpose of the program,
7 including the capabilities being acquired and the
8 component(s) sponsoring the acquisition;
9 (2) the total number of units, as appropriate, to
10 be acquired annually until procurement is complete
11 under the current acquisition program baseline;
12 (3) the Acquisition Review Board status, includ-
13 ing—
14 (A) the current acquisition phase by incre-
15 ment, as applicable;
16 (B) the date of the most recent review; and
17 (C) whether the program has been paused or
18 is in breach status;
19 (4) a comparison between the initial Depart-
20 ment-approved acquisition program baseline cost,
21 schedule, and performance thresholds and objectives
22 and the program’s current such thresholds and objec-
23 tives, if applicable;
† HR 2617 EAS2
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1 (5) the lifecycle cost estimate, adjusted for com-
2 parison to the Future Years Homeland Security Pro-
3 gram, including—
4 (A) the confidence level for the estimate;
5 (B) the fiscal years included in the esti-
6 mate;
7 (C) a breakout of the estimate for the prior
8 five years, the current year, and the budget year;
9 (D) a breakout of the estimate by appro-
10 priation account or other funding source; and
11 (E) a description of and rationale for any
12 changes to the estimate as compared to the pre-
13 viously approved baseline, as applicable, and
14 during the prior fiscal year;
15 (6) a summary of the findings of any inde-
16 pendent verification and validation of the items to be
17 acquired or an explanation for why no such
18 verification and validation has been performed;
19 (7) a table displaying the obligation of all pro-
20 gram funds by prior fiscal year, the estimated obliga-
21 tion of funds for the current fiscal year, and an esti-
22 mate for the planned carryover of funds into the sub-
23 sequent fiscal year;
24 (8) a listing of prime contractors and major sub-
25 contractors; and
† HR 2617 EAS2
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1 (9) narrative descriptions of risks to cost, sched-
2 ule, or performance that could result in a program
3 breach if not successfully mitigated.
4 (c) The Under Secretary for Management shall submit
5 each approved Acquisition Decision Memorandum for pro-
6 grams described in this section to the Committees on Appro-
7 priations of the Senate and the House of Representatives
8 not later than five business days after the date of approval
9 of such memorandum by the Under Secretary for Manage-
10 ment or the designee of the Under Secretary.
11 SEC. 107. (a) None of the funds made available to the
12 Department of Homeland Security in this Act or prior ap-
13 propriations Acts may be obligated for any new pilot or
14 demonstration unless the component or office carrying out
15 such pilot or demonstration has documented the informa-
16 tion described in subsection (c).
17 (b) Prior to the obligation of any such funds made
18 available for ‘‘Operations and Support’’ for a new pilot or
19 demonstration, the Under Secretary for Management shall
20 provide a report to the Committees on Appropriations of
21 the Senate and the House of Representatives on the infor-
22 mation described in subsection (c).
23 (c) The information required under subsections (a)
24 and (b) for a pilot or demonstration shall include the fol-
25 lowing—
† HR 2617 EAS2
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1 (1) documented objectives that are well-defined
2 and measurable;
3 (2) an assessment methodology that details—
4 (A) the type and source of assessment data;
5 (B) the methods for, and frequency of, col-
6 lecting such data; and
7 (C) how such data will be analyzed; and
8 (3) an implementation plan, including mile-
9 stones, cost estimates, and implementation schedules,
10 including a projected end date.
11 (d) Not later than 90 days after the date of completion
12 of a pilot or demonstration described in subsection (e) the
13 Under Secretary for Management shall provide a report to
14 the Committees on Appropriations of the Senate and the
15 House of Representatives detailing lessons learned, actual
16 costs, any planned expansion or continuation of the pilot
17 or demonstration, and any planned transition of such pilot
18 or demonstration into an enduring program or operation.
19 (e) For the purposes of this section, a pilot or dem-
20 onstration program is a study, demonstration, experi-
21 mental program, or trial that—
22 (1) is a small-scale, short-term experiment con-
23 ducted in order to evaluate feasibility, duration, costs,
24 or adverse events, and improve upon the design of an
† HR 2617 EAS2
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1 effort prior to implementation of a larger scale effort;
2 and
3 (2) uses more than 10 full-time equivalents or
4 obligates, or proposes to obligate, $5,000,000 or more,
5 but does not include congressionally directed pro-
6 grams or enhancements and does not include pro-
7 grams that were in operation as of March 15, 2022.
8 (f) For the purposes of this section, a pilot or dem-
9 onstration does not include any testing, evaluation, or ini-
10 tial deployment phase executed under a procurement con-
11 tract for the acquisition of information technology services
12 or systems, or any pilot or demonstration carried out by
13 a non-federal recipient under any financial assistance
14 agreement funded by the Department.
15 SEC. 108. Of the amount made available by section
16 4005 of the American Rescue Plan Act of 2021 (Public Law
17 117–2), $14,000,000 shall be transferred to ‘‘Office of In-
18 spector General—Operations and Support’’ for oversight of
19 the use of funds made available under such section 4005.
† HR 2617 EAS2
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1 TITLE II
2 SECURITY, ENFORCEMENT, AND INVESTIGATIONS
3 U.S. CUSTOMS AND BORDER PROTECTION
4 OPERATIONS AND SUPPORT
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses of U.S. Customs and Border
7 Protection for operations and support, including the trans-
8 portation of unaccompanied alien minors; the provision of
9 air and marine support to Federal, State, local, and inter-
10 national agencies in the enforcement or administration of
11 laws enforced by the Department of Homeland Security; at
12 the discretion of the Secretary of Homeland Security, the
13 provision of such support to Federal, State, and local agen-
14 cies in other law enforcement and emergency humanitarian
15 efforts; the purchase and lease of up to 7,500 (6,500 for re-
16 placement only) police-type vehicles; the purchase, mainte-
17 nance, or operation of marine vessels, aircraft, and un-
18 manned aerial systems; and contracting with individuals
19 for personal services abroad; $15,590,694,000; of which
20 $3,274,000 shall be derived from the Harbor Maintenance
21 Trust Fund for administrative expenses related to the collec-
22 tion of the Harbor Maintenance Fee pursuant to section
23 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
24 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
25 Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of
† HR 2617 EAS2
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1 which $500,000,000 shall be available until September 30,
2 2024; and of which such sums as become available in the
3 Customs User Fee Account, except sums subject to section
4 13031(f)(3) of the Consolidated Omnibus Budget Reconcili-
5 ation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived
6 from that account: Provided, That not to exceed $34,425
7 shall be for official reception and representation expenses:
8 Provided further, That not to exceed $150,000 shall be
9 available for payment for rental space in connection with
10 preclearance operations: Provided further, That not to ex-
11 ceed $2,000,000 shall be for awards of compensation to in-
12 formants, to be accounted for solely under the certificate of
13 the Secretary of Homeland Security: Provided further, That
14 $800,000,000 shall be transferred to ‘‘Federal Emergency
15 Management Agency—Federal Assistance’’ to support shel-
16 tering and related activities provided by non-Federal enti-
17 ties, including facility improvements and construction, in
18 support of relieving overcrowding in short-term holding fa-
19 cilities of U.S. Customs and Border Protection, of which
20 not to exceed $11,200,000 shall be for the administrative
21 costs of the Federal Emergency Management Agency: Pro-
22 vided further, That not to exceed $5,000,000 may be trans-
23 ferred to the Bureau of Indian Affairs for the maintenance
24 and repair of roads on Native American reservations used
25 by the U.S. Border Patrol: Provided further, That of the
† HR 2617 EAS2
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1 amounts made available under this heading for the Execu-
2 tive Leadership and Oversight program, project, and activ-
3 ity, as outlined in the explanatory statement described in
4 section 4 (in the matter preceding division A of this consoli-
5 dated Act), $5,000,000 shall not be available for obligation
6 until the reports concerning human capital strategic plans
7 and the Office of Field Operations workload staffing model
8 that are directed in such explanatory statement are sub-
9 mitted to the Committees on Appropriations of the Senate
10 and the House of Representatives.
11 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
12 For necessary expenses of U.S. Customs and Border
13 Protection for procurement, construction, and improve-
14 ments, including procurement of marine vessels, aircraft,
15 and unmanned aerial systems, $581,558,000, of which
16 $481,658,000 shall remain available until September 30,
17 2025; and of which $99,900,000 shall remain available
18 until September 30, 2027.
19 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
20 OPERATIONS AND SUPPORT
21 For necessary expenses of U.S. Immigration and Cus-
22 toms Enforcement for operations and support, including the
23 purchase and lease of up to 3,790 (2,350 for replacement
24 only) police-type vehicles; overseas vetted units; and mainte-
25 nance, minor construction, and minor leasehold improve-
† HR 2617 EAS2
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1 ments at owned and leased facilities; $8,396,305,000; of
2 which not less than $6,000,000 shall remain available until
3 expended for efforts to enforce laws against forced child
4 labor; of which $46,696,000 shall remain available until
5 September 30, 2024; of which not less than $2,000,000 is
6 for paid apprenticeships for participants in the Human
7 Exploitation Rescue Operative Child-Rescue Corps; of
8 which not less than $15,000,000 shall be available for inves-
9 tigation of intellectual property rights violations, including
10 operation of the National Intellectual Property Rights Co-
11 ordination Center; and of which not less than
12 $4,181,786,000 shall be for enforcement, detention, and re-
13 moval operations, including transportation of unaccom-
14 panied alien minors: Provided, That not to exceed $11,475
15 shall be for official reception and representation expenses:
16 Provided further, That not to exceed $10,000,000 shall be
17 available until expended for conducting special operations
18 under section 3131 of the Customs Enforcement Act of 1986
19 (19 U.S.C. 2081): Provided further, That not to exceed
20 $2,000,000 shall be for awards of compensation to inform-
21 ants, to be accounted for solely under the certificate of the
22 Secretary of Homeland Security: Provided further, That not
23 to exceed $11,216,000 shall be available to fund or reim-
24 burse other Federal agencies for the costs associated with
25 the care, maintenance, and repatriation of smuggled aliens
† HR 2617 EAS2
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1 unlawfully present in the United States: Provided further,
2 That of the amounts made available under this heading for
3 the Executive Leadership and Oversight program, project,
4 and activity, as outlined in the explanatory statement de-
5 scribed in section 4 (in the matter preceding division A of
6 this consolidated Act), $5,000,000 shall not be available for
7 obligation until the reports directed under this heading in
8 the explanatory statements accompanying Public Laws
9 116–6, 116–93, and 117–103 have been submitted to the
10 Committees on Appropriations of the Senate and the House
11 of Representatives.
12 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
13 For necessary expenses of U.S. Immigration and Cus-
14 toms Enforcement for procurement, construction, and im-
15 provements, $22,997,000, to remain available until Sep-
16 tember 30, 2025.
17 TRANSPORTATION SECURITY ADMINISTRATION
18 OPERATIONS AND SUPPORT
19 For necessary expenses of the Transportation Security
20 Administration for operations and support, $8,798,363,000,
21 to remain available until September 30, 2024: Provided,
22 That not to exceed $7,650 shall be for official reception and
23 representation expenses: Provided further, That security
24 service fees authorized under section 44940 of title 49,
25 United States Code, shall be credited to this appropriation
† HR 2617 EAS2
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1 as offsetting collections and shall be available only for avia-
2 tion security: Provided further, That the sum appropriated
3 under this heading from the general fund shall be reduced
4 on a dollar-for-dollar basis as such offsetting collections are
5 received during fiscal year 2023 so as to result in a final
6 fiscal year appropriation from the general fund estimated
7 at not more than $6,308,363,000.
8 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
9 For necessary expenses of the Transportation Security
10 Administration for procurement, construction, and im-
11 provements, $141,645,000, to remain available until Sep-
12 tember 30, 2025.
13 RESEARCH AND DEVELOPMENT
14 For necessary expenses of the Transportation Security
15 Administration for research and development, $33,532,000,
16 to remain available until September 30, 2024.
17 COAST GUARD
18 OPERATIONS AND SUPPORT
19 For necessary expenses of the Coast Guard for oper-
20 ations and support including the Coast Guard Reserve; pur-
21 chase or lease of not to exceed 25 passenger motor vehicles,
22 which shall be for replacement only; purchase or lease of
23 small boats for contingent and emergent requirements (at
24 a unit cost of not more than $700,000) and repairs and
25 service-life replacements, not to exceed a total of
† HR 2617 EAS2
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1 $31,000,000; purchase, lease, or improvements of boats nec-
2 essary for overseas deployments and activities; payments
3 pursuant to section 156 of Public Law 97–377 (42 U.S.C.
4 402 note; 96 Stat. 1920); and recreation and welfare;
5 $9,700,478,000, of which $530,000,000 shall be for defense-
6 related activities; of which $24,500,000 shall be derived
7 from the Oil Spill Liability Trust Fund to carry out the
8 purposes of section 1012(a)(5) of the Oil Pollution Act of
9 1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 shall re-
10 main available until September 30, 2025; of which
11 $24,359,000 shall remain available until September 30,
12 2027, for environmental compliance and restoration; and
13 of which $70,000,000 shall remain available until Sep-
14 tember 30, 2024, which shall only be available for vessel
15 depot level maintenance: Provided, That not to exceed
16 $23,000 shall be for official reception and representation
17 expenses.
18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
19 For necessary expenses of the Coast Guard for procure-
20 ment, construction, and improvements, including aids to
21 navigation, shore facilities (including facilities at Depart-
22 ment of Defense installations used by the Coast Guard), and
23 vessels and aircraft, including equipment related thereto,
24 $1,669,650,000, to remain available until September 30,
25 2027; of which $20,000,000 shall be derived from the Oil
† HR 2617 EAS2
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1 Spill Liability Trust Fund to carry out the purposes of sec-
2 tion 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
3 2712(a)(5)).
4 RESEARCH AND DEVELOPMENT
5 For necessary expenses of the Coast Guard for research
6 and development; and for maintenance, rehabilitation,
7 lease, and operation of facilities and equipment;
8 $7,476,000, to remain available until September 30, 2025,
9 of which $500,000 shall be derived from the Oil Spill Li-
10 ability Trust Fund to carry out the purposes of section
11 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
12 2712(a)(5)): Provided, That there may be credited to and
13 used for the purposes of this appropriation funds received
14 from State and local governments, other public authorities,
15 private sources, and foreign countries for expenses incurred
16 for research, development, testing, and evaluation.
17 RETIRED PAY
18 For retired pay, including the payment of obligations
19 otherwise chargeable to lapsed appropriations for this pur-
20 pose, payments under the Retired Serviceman’s Family
21 Protection and Survivor Benefits Plans, payment for career
22 status bonuses, payment of continuation pay under section
23 356 of title 37, United States Code, concurrent receipts,
24 combat-related special compensation, and payments for
25 medical care of retired personnel and their dependents
† HR 2617 EAS2
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1 under chapter 55 of title 10, United States Code,
2 $2,044,414,000, to remain available until expended.
3 UNITED STATES SECRET SERVICE
4 OPERATIONS AND SUPPORT
5 For necessary expenses of the United States Secret
6 Service for operations and support, including purchase of
7 not to exceed 652 vehicles for police-type use; hire of pas-
8 senger motor vehicles; purchase of motorcycles made in the
9 United States; hire of aircraft; rental of buildings in the
10 District of Columbia; fencing, lighting, guard booths, and
11 other facilities on private or other property not in Govern-
12 ment ownership or control, as may be necessary to perform
13 protective functions; conduct of and participation in fire-
14 arms matches; presentation of awards; conduct of behav-
15 ioral research in support of protective intelligence and oper-
16 ations; payment in advance for commercial accommoda-
17 tions as may be necessary to perform protective functions;
18 and payment, without regard to section 5702 of title 5,
19 United States Code, of subsistence expenses of employees
20 who are on protective missions, whether at or away from
21 their duty stations; $2,734,267,000; of which $52,296,000
22 shall remain available until September 30, 2024, and of
23 which $6,000,000 shall be for a grant for activities related
24 to investigations of missing and exploited children; and of
25 which up to $20,500,000 may be for calendar year 2022
† HR 2617 EAS2
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1 premium pay in excess of the annual equivalent of the limi-
2 tation on the rate of pay contained in section 5547(a) of
3 title 5, United States Code, pursuant to section 2 of the
4 Overtime Pay for Protective Services Act of 2016 (5 U.S.C.
5 5547 note), as last amended by Public Law 116–269: Pro-
6 vided, That not to exceed $19,125 shall be for official recep-
7 tion and representation expenses: Provided further, That
8 not to exceed $100,000 shall be to provide technical assist-
9 ance and equipment to foreign law enforcement organiza-
10 tions in criminal investigations within the jurisdiction of
11 the United States Secret Service.
12 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
13 For necessary expenses of the United States Secret
14 Service for procurement, construction, and improvements,
15 $83,888,000, to remain available until September 30, 2025.
16 RESEARCH AND DEVELOPMENT
17 For necessary expenses of the United States Secret
18 Service for research and development, $4,025,000, to remain
19 available until September 30, 2024.
20 ADMINISTRATIVE PROVISIONS
21 SEC. 201. Section 201 of the Department of Homeland
22 Security Appropriations Act, 2018 (division F of Public
23 Law 115–141), related to overtime compensation limita-
24 tions, shall apply with respect to funds made available in
25 this Act in the same manner as such section applied to
† HR 2617 EAS2
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1 funds made available in that Act, except that ‘‘fiscal year
2 2023’’ shall be substituted for ‘‘fiscal year 2018’’.
3 SEC. 202. Funding made available under the headings
4 ‘‘U.S. Customs and Border Protection—Operations and
5 Support’’ and ‘‘U.S. Customs and Border Protection—Pro-
6 curement, Construction, and Improvements’’ shall be avail-
7 able for customs expenses when necessary to maintain oper-
8 ations and prevent adverse personnel actions in Puerto Rico
9 and the U.S. Virgin Islands, in addition to funding pro-
10 vided by sections 740 and 1406i of title 48, United States
11 Code.
12 SEC. 203. As authorized by section 601(b) of the
13 United States-Colombia Trade Promotion Agreement Im-
14 plementation Act (Public Law 112–42), fees collected from
15 passengers arriving from Canada, Mexico, or an adjacent
16 island pursuant to section 13031(a)(5) of the Consolidated
17 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
18 58c(a)(5)) shall be available until expended.
19 SEC. 204. (a) For an additional amount for ‘‘U.S.
20 Customs and Border Protection—Operations and Sup-
21 port’’, $31,000,000, to remain available until expended, to
22 be reduced by amounts collected and credited to this appro-
23 priation in fiscal year 2023 from amounts authorized to
24 be collected by section 286(i) of the Immigration and Na-
25 tionality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
† HR 2617 EAS2
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1 Security and Rural Investment Act of 2002 (7 U.S.C.
2 8311), and section 817 of the Trade Facilitation and Trade
3 Enforcement Act of 2015 (Public Law 114–125), or other
4 such authorizing language.
5 (b) To the extent that amounts realized from such col-
6 lections exceed $31,000,000, those amounts in excess of
7 $31,000,000 shall be credited to this appropriation, to re-
8 main available until expended.
9 SEC. 205. None of the funds made available in this
10 Act for U.S. Customs and Border Protection may be used
11 to prevent an individual not in the business of importing
12 a prescription drug (within the meaning of section 801(g)
13 of the Federal Food, Drug, and Cosmetic Act) from import-
14 ing a prescription drug from Canada that complies with
15 the Federal Food, Drug, and Cosmetic Act: Provided, That
16 this section shall apply only to individuals transporting on
17 their person a personal-use quantity of the prescription
18 drug, not to exceed a 90-day supply: Provided further, That
19 the prescription drug may not be—
20 (1) a controlled substance, as defined in section
21 102 of the Controlled Substances Act (21 U.S.C. 802);
22 or
23 (2) a biological product, as defined in section
24 351 of the Public Health Service Act (42 U.S.C. 262).
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1 SEC. 206. (a) Notwithstanding any other provision of
2 law, none of the funds provided in this or any other Act
3 shall be used to approve a waiver of the navigation and
4 vessel-inspection laws pursuant to section 501(b) of title 46,
5 United States Code, for the transportation of crude oil dis-
6 tributed from and to the Strategic Petroleum Reserve until
7 the Secretary of Homeland Security, after consultation with
8 the Secretaries of the Departments of Energy and Transpor-
9 tation and representatives from the United States flag mar-
10 itime industry, takes adequate measures to ensure the use
11 of United States flag vessels.
12 (b) The Secretary shall notify the Committees on Ap-
13 propriations of the Senate and the House of Representa-
14 tives, the Committee on Commerce, Science, and Transpor-
15 tation of the Senate, and the Committee on Transportation
16 and Infrastructure of the House of Representatives within
17 2 business days of any request for waivers of navigation
18 and vessel-inspection laws pursuant to section 501(b) of
19 title 46, United States Code, with respect to such transpor-
20 tation, and the disposition of such requests.
21 SEC. 207. (a) Beginning on the date of enactment of
22 this Act, the Secretary of Homeland Security shall not—
23 (1) establish, collect, or otherwise impose any
24 new border crossing fee on individuals crossing the
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1 Southern border or the Northern border at a land port
2 of entry; or
3 (2) conduct any study relating to the imposition
4 of a border crossing fee.
5 (b) In this section, the term ‘‘border crossing fee’’
6 means a fee that every pedestrian, cyclist, and driver and
7 passenger of a private motor vehicle is required to pay for
8 the privilege of crossing the Southern border or the Northern
9 border at a land port of entry.
10 SEC. 208. (a) Not later than 90 days after the date
11 of enactment of this Act, the Commissioner of U.S. Customs
12 and Border Protection shall submit an expenditure plan for
13 any amounts made available for ‘‘U.S. Customs and Border
14 Protection—Procurement, Construction, and Improve-
15 ments’’ in this Act and prior Acts to the Committees on
16 Appropriations of the Senate and the House of Representa-
17 tives.
18 (b) No such amounts provided in this Act may be obli-
19 gated prior to the submission of such plan.
20 SEC. 209. Section 211 of the Department of Homeland
21 Security Appropriations Act, 2021 (division F of Public
22 Law 116–260), prohibiting the use of funds for the construc-
23 tion of fencing in certain areas, shall apply with respect
24 to funds made available in this Act in the same manner
25 as such section applied to funds made available in that Act.
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1 SEC. 210. (a) Funds made available in this Act may
2 be used to alter operations within the National Targeting
3 Center of U.S. Customs and Border Protection.
4 (b) None of the funds provided by this Act, provided
5 by previous appropriations Acts that remain available for
6 obligation or expenditure in fiscal year 2023, or provided
7 from any accounts in the Treasury of the United States
8 derived by the collection of fees available to the components
9 funded by this Act, may be used to reduce anticipated or
10 planned vetting operations at existing locations unless spe-
11 cifically authorized by a statute enacted after the date of
12 enactment of this Act.
13 SEC. 211. (a) Of the amounts transferred from ‘‘U.S.
14 Customs and Border Protection—Operations and Support’’
15 to ‘‘Federal Emergency Management Agency—Federal As-
16 sistance’’ in this Act, up to $785,000,000 may be made
17 available for the emergency food and shelter program under
18 title II of the McKinney Vento Homeless Assistance Act (42
19 U.S.C. 11331) for the purposes of providing shelter and
20 other services to families and individuals encountered by
21 the Department of Homeland Security.
22 (b) Notwithstanding sections 313(a) and 316 of such
23 Act, up to $50,000,000 of any amounts made available to
24 the emergency food and shelter program under subsection
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1 (a) may be used for the construction and expansion of shel-
2 ter facilities.
3 (c) Notwithstanding section 311 of such Act, funds
4 made available for the purposes described in subsection (b)
5 may be awarded to the Emergency Food and Shelter Pro-
6 gram National Board up to 6 months after the date of en-
7 actment of this Act.
8 (d) Notwithstanding sections 315 and 316(b) of such
9 Act, funds made available under subsection (b) may be dis-
10 bursed by the Emergency Food and Shelter Program Na-
11 tional Board up to 24 months after the date on which such
12 funds become available.
13 (e) Amounts made available under subsection (a) may
14 be available for the reimbursement of costs incurred after
15 June 30, 2022.
16 (f) The real property disposition requirements at 2
17 CFR 200.311(c) shall not apply to grants funded by the
18 amounts transferred from ‘‘U.S. Customs and Border Pro-
19 tection—Operations and Support’’ to ‘‘Federal Emergency
20 Management Agency—Federal Assistance’’ in this Act.
21 SEC. 212. Of the total amount made available under
22 ‘‘U.S. Customs and Border Protection—Procurement, Con-
23 struction, and Improvements’’, $581,558,000 shall be avail-
24 able only as follows:
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1 (1) $230,277,000 for the acquisition and deploy-
2 ment of border security technologies;
3 (2) $126,047,000 for trade and travel assets and
4 infrastructure;
5 (3) $99,900,000 for facility construction and im-
6 provements;
7 (4) $92,661,000 for integrated operations assets
8 and infrastructure; and
9 (5) $32,673,000 for mission support and infra-
10 structure.
11 SEC. 213. None of the funds provided under the head-
12 ing ‘‘U.S. Immigration and Customs Enforcement—Oper-
13 ations and Support’’ may be used to continue a delegation
14 of law enforcement authority authorized under section
15 287(g) of the Immigration and Nationality Act (8 U.S.C.
16 1357(g)) if the Department of Homeland Security Inspector
17 General determines that the terms of the agreement gov-
18 erning the delegation of authority have been materially vio-
19 lated.
20 SEC. 214. (a) None of the funds provided under the
21 heading ‘‘U.S. Immigration and Customs Enforcement—
22 Operations and Support’’ may be used to continue any con-
23 tract for the provision of detention services if the two most
24 recent overall performance evaluations received by the con-
25 tracted facility are less than ‘‘adequate’’ or the equivalent
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1 median score in any subsequent performance evaluation
2 system.
3 (b) The performance evaluations referenced in sub-
4 section (a) shall be conducted by the U.S. Immigration and
5 Customs Enforcement Office of Professional Responsibility.
6 SEC. 215. Without regard to the limitation as to time
7 and condition of section 503(d) of this Act, the Secretary
8 may reprogram within and transfer funds to ‘‘U.S. Immi-
9 gration and Customs Enforcement—Operations and Sup-
10 port’’ as necessary to ensure the detention of aliens
11 prioritized for removal.
12 SEC. 216. The reports required to be submitted under
13 section 216 of the Department of Homeland Security Ap-
14 propriations Act, 2021 (division F of Public Law 116–260)
15 shall continue to be submitted semimonthly and each matter
16 required to be included in such reports by such section 216
17 shall apply in the same manner and to the same extent
18 during the period described in such section 216.
19 SEC. 217. The terms and conditions of sections 216
20 and 217 of the Department of Homeland Security Appro-
21 priations Act, 2020 (division D of Public Law 116–93)
22 shall apply to this Act.
23 SEC. 218. Members of the United States House of Rep-
24 resentatives and the United States Senate, including the
25 leadership; the heads of Federal agencies and commissions,
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1 including the Secretary, Deputy Secretary, Under Secre-
2 taries, and Assistant Secretaries of the Department of
3 Homeland Security; the United States Attorney General,
4 Deputy Attorney General, Assistant Attorneys General, and
5 the United States Attorneys; and senior members of the Ex-
6 ecutive Office of the President, including the Director of the
7 Office of Management and Budget, shall not be exempt from
8 Federal passenger and baggage screening.
9 SEC. 219. Any award by the Transportation Security
10 Administration to deploy explosives detection systems shall
11 be based on risk, the airport’s current reliance on other
12 screening solutions, lobby congestion resulting in increased
13 security concerns, high injury rates, airport readiness, and
14 increased cost effectiveness.
15 SEC. 220. Notwithstanding section 44923 of title 49,
16 United States Code, for fiscal year 2023, any funds in the
17 Aviation Security Capital Fund established by section
18 44923(h) of title 49, United States Code, may be used for
19 the procurement and installation of explosives detection sys-
20 tems or for the issuance of other transaction agreements for
21 the purpose of funding projects described in section
22 44923(a) of such title.
23 SEC. 221. Not later than 45 days after the submission
24 of the President’s budget proposal, the Administrator of the
25 Transportation Security Administration shall submit to the
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1 Committees on Appropriations and Commerce, Science, and
2 Transportation of the Senate and the Committees on Appro-
3 priations and Homeland Security in the House of Rep-
4 resentatives a single report that fulfills the following re-
5 quirements:
6 (1) a Capital Investment Plan, both constrained
7 and unconstrained, that includes a plan for contin-
8 uous and sustained capital investment in new, and
9 the replacement of aged, transportation security
10 equipment;
11 (2) the 5-year technology investment plan as re-
12 quired by section 1611 of title XVI of the Homeland
13 Security Act of 2002, as amended by section 3 of the
14 Transportation Security Acquisition Reform Act
15 (Public Law 113–245); and
16 (3) the Advanced Integrated Passenger Screening
17 Technologies report as required by the Senate Report
18 accompanying the Department of Homeland Security
19 Appropriations Act, 2019 (Senate Report 115–283).
20 SEC. 222. Section 225 of division A of Public Law
21 116–6 (49 U.S.C. 44901 note), relating to a pilot program
22 for screening outside of an existing primary passenger ter-
23 minal screening area, is amended in subsection (e) by strik-
24 ing ‘‘2023’’ and inserting ‘‘2025’’.
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1 SEC. 223. (a) None of the funds made available by this
2 Act under the heading ‘‘Coast Guard—Operations and
3 Support’’ shall be for expenses incurred for recreational ves-
4 sels under section 12114 of title 46, United States Code,
5 except to the extent fees are collected from owners of yachts
6 and credited to the appropriation made available by this
7 Act under the heading ‘‘Coast Guard—Operations and
8 Support’’.
9 (b) To the extent such fees are insufficient to pay ex-
10 penses of recreational vessel documentation under such sec-
11 tion 12114, and there is a backlog of recreational vessel ap-
12 plications, personnel performing non-recreational vessel
13 documentation functions under subchapter II of chapter
14 121 of title 46, United States Code, may perform docu-
15 mentation under section 12114.
16 SEC. 224. Without regard to the limitation as to time
17 and condition of section 503(d) of this Act, after June 30,
18 in accordance with the notification requirement described
19 in subsection (b) of such section, up to the following
20 amounts may be reprogrammed within ‘‘Coast Guard—Op-
21 erations and Support’’—
22 (1) $10,000,000 to or from the ‘‘Military Per-
23 sonnel’’ funding category; and
24 (2) $10,000,000 between the ‘‘Field Operations’’
25 funding subcategories.
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1 SEC. 225. Notwithstanding any other provision of law,
2 the Commandant of the Coast Guard shall submit to the
3 Committees on Appropriations of the Senate and the House
4 of Representatives a future-years capital investment plan
5 as described in the second proviso under the heading ‘‘Coast
6 Guard—Acquisition, Construction, and Improvements’’ in
7 the Department of Homeland Security Appropriations Act,
8 2015 (Public Law 114–4), which shall be subject to the re-
9 quirements in the third and fourth provisos under such
10 heading.
11 SEC. 226. Of the funds made available for defense-re-
12 lated activities under the heading ‘‘Coast Guard—Oper-
13 ations and Support’’, up to $190,000,000 that are used for
14 enduring overseas missions in support of the global fight
15 against terrorism may be reallocated by program, project,
16 and activity, notwithstanding section 503 of this Act.
17 SEC. 227. None of the funds in this Act shall be used
18 to reduce the Coast Guard’s legacy Operations Systems Cen-
19 ter mission or its government-employed or contract staff lev-
20 els.
21 SEC. 228. None of the funds appropriated by this Act
22 may be used to conduct, or to implement the results of, a
23 competition under Office of Management and Budget Cir-
24 cular A–76 for activities performed with respect to the Coast
25 Guard National Vessel Documentation Center.
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