H.R. 2617, Consolidated Appropriations Act, 2023
Summary
H.R. 2617, the Consolidated Appropriations Act, 2023, is an Act of the One Hundred Seventeenth Congress making consolidated appropriations for the fiscal year ending September 30, 2023, and providing emergency assistance for the situation in Ukraine. Its table of contents lists Division A (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies), Division C (Department of Defense), Division F (Department of Homeland Security), and Division H (Departments of Labor, Health and Human Services, and Education, and Related Agencies). It also lists Division E (Financial Services and General Government) and Division T (SECURE 2.0 Act). The page text breaks off in the Department of the Interior historic preservation grants provisions.
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“H.R. 2617, Consolidated Appropriations Act, 2023.”
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H. R. 2617
One Hundred Seventeenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
Making consolidated appropriations for the fiscal year ending September 30, 2023,
and for providing emergency assistance for the situation in Ukraine, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2023’’.
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.
Sec. 6. Adjustments to compensation.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS 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
H. R. 2617—2
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 President
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
DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2023
Title I—Departmental Management, Intelligence, Situational Awareness, and Over-
sight
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 APPROPRIATIONS 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 DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
H. R. 2617—3
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
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 IMPROVEMENT
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
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
H. R. 2617—4
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
Senate section of the Congressional Record on or about December
19, 2022, and submitted by the chair of the Committee on Appro-
priations of the Senate, shall have the same effect with respect
to the allocation of funds and implementation of divisions A through
L of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2023.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2023.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
$65,067,000 of which not to exceed $7,432,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,396,000
shall be available for the Office of Homeland Security; not to exceed
$5,190,000 shall be available for the Office of Tribal Relations,
of which $1,000,000 shall be to establish a Tribal Public Health
Resource Center at a land grant university with existing indigenous
public health expertise to expand current partnerships and collabo-
rative efforts with indigenous groups, including but not limited
to, tribal organizations and institutions such as tribal colleges,
tribal technical colleges, tribal community colleges and tribal univer-
sities, to improve the delivery of culturally appropriate public health
services and functions in American Indian communities focusing
on indigenous food sovereignty; not to exceed $9,280,000 shall be
available for the Office of Partnerships and Public Engagement,
of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$28,422,000 shall be available for the Office of the Assistant Sec-
retary for Administration, of which $26,716,000 shall be available
for Departmental Administration to provide for necessary expenses
for management support services to offices of the Department and
for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided
for and necessary for the practical and efficient work of the Depart-
ment: Provided, That funds made available by this Act to an agency
H. R. 2617—5
in the Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office; not to exceed $4,609,000 shall be available for the Office
of Assistant Secretary for Congressional Relations and Intergovern-
mental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $8,738,000 shall
be available for the Office of Communications: Provided further,
That the Secretary of Agriculture is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided for,
as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551–558: Provided further, That funds made available
under this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available under this heading for the
Office of Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this Act,
unless the Secretary has notified the Committees on Appropriations
of both Houses of Congress on the allocation of these funds by
USDA agency: Provided further, That during any 30 day notification
period referenced in section 716 of this Act, the Secretary of Agri-
culture shall take no action to begin implementation of the action
that is subject to section 716 of this Act or make any public
announcement of such action in any form.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$28,181,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That
of the amounts made available under this heading, $500,000 shall
be available to carry out section 224 of subtitle A of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as
amended by section 12504 of Public Law 115–334.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
H. R. 2617—6
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $92,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $1,466,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$37,595,000.
AGRICULTURE BUILDINGS AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $40,581,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $7,581,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE OF SAFETY, SECURITY, AND PROTECTION
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
H. R. 2617—7
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $111,561,000, including
such sums as may be necessary for contracting and other arrange-
ments with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of inform-
ants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$60,537,000.
OFFICE OF ETHICS
For necessary expenses of the Office of Ethics, $5,556,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND
ECONOMICS
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $2,384,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office: Provided further, That of the amounts made available
under this heading, $1,000,000 shall be made available for the
Office of the Chief Scientist.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$92,612,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $211,076,000, of which up to $66,413,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
H. R. 2617—8
exceed 25 percent of the total value of the land or interests trans-
ferred out of Federal ownership, $1,744,279,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations here-
under shall be available pursuant to 7 U.S.C. 2250 for the construc-
tion, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a cost
not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replace-
ment of existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting ease-
ments at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replace-
ment of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricul-
tural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Sec-
retary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$74,297,000 to remain available until expended, of which
$56,697,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
H. R. 2617—9
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $1,094,121,000 which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution chal-
lenge grants, grants management systems, tribal colleges education
equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution
eligible to receive funds under the Evans-Allen program receives
no less than $1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving institutions
be made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native
and Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2024: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $565,410,000 which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for extension
services at 1994 institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided further,
That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b)
and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section
H. R. 2617—10
208(c) of Public Law 93–471 shall be available for retirement and
employees’ compensation costs for extension agents.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$41,500,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agri-
culture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2024:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspec-
tion Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,171,071,000 of which up to $9,552,000 shall
be for the purposes, and in the amounts, specified for this account
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act); of which $514,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant diseases,
animal diseases and for control of pest animals and birds (‘‘contin-
gency fund’’) to the extent necessary to meet emergency conditions;
of which $15,450,000, to remain available until expended, shall
be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of
which $39,183,000, to remain available until expended, shall be
for Animal Health Technical Services; of which $4,096,000 shall
be for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $64,930,000, to
remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
$216,117,000, to remain available until expended, shall be for spe-
cialty crop pests, of which $8,500,000, to remain available until
H. R. 2617—11
September 30, 2024, shall be for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening; of which, $14,986,000, to remain avail-
able until expended, shall be for field crop and rangeland ecosystem
pests; of which $21,567,000, to remain available until expended,
shall be for zoonotic disease management; of which $44,067,000,
to remain available until expended, shall be for emergency
preparedness and response; of which $62,562,000, to remain avail-
able until expended, shall be for tree and wood pests; of which
$6,500,000, to remain available until expended, shall be for the
National Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program for indem-
nities; of which $2,500,000, to remain available until expended,
shall be for the wildlife damage management program for aviation
safety: Provided, That of amounts available under this heading
for wildlife services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts avail-
able under this heading for the screwworm program, $4,990,000
shall remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided fur-
ther, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that
does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be avail-
able for the purchase, replacement, operation, and maintenance
of aircraft: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of
the United States, the Secretary may transfer from other appropria-
tions or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and
for expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772),
and any unexpended balances of funds transferred for such emer-
gency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 2023, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain avail-
able until expended, without further appropriation, for providing
such assistance, goods, or services.
H. R. 2617—12
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the pur-
poses of section 12306 of Public Law 113–79, and of which
$1,000,000 shall be available for the purposes of section 779 of
division A of Public Law 117–103: Provided, That of the amounts
made available under this heading, $25,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law
115–334, of which $23,000,000 shall be for dairy business innovation
initiatives established in Public Law 116–6 and the Secretary shall
take measures to ensure an equal distribution of funds between
these three regional innovation initiatives: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $62,596,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $21,501,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
H. R. 2617—13
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,158,266,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accredita-
tion as authorized by section 1327 of the Food, Agriculture, Con-
servation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infra-
structure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2023 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue implementa-
tion of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
H. R. 2617—14
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FARM PRODUCTION AND
CONSERVATION
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,727,000: Provided, That
funds made available by this Act to an agency in the Farm Produc-
tion and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION AND CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conserva-
tion Business Center, $248,684,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacan-
cies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2024: Provided, That
not more than 50 percent of the funding made available under
this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/invest-
ment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guid-
ance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress: Provided
further, That the agency shall submit a report by the end of the
H. R. 2617—15
fourth quarter of fiscal year 2023 to the Committees on Appropria-
tions and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current perform-
ance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics,
(c) current performance against a pre-established cost baseline,
(d) a detailed breakdown of current and planned spending on oper-
ational enhancements or upgrades, and (e) an assessment of
whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities,
and authorities (but not the funds) of the Commodity Credit Cor-
poration to make program payments for all programs administered
by the Agency: Provided further, That other funds made available
to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That of the amount
appropriated under this heading, $696,594,000 shall be made avail-
able to county committees, to remain available until expended:
Provided further, That, notwithstanding the preceding proviso, any
funds made available to county committees in the current fiscal
year that the Administrator of the Farm Service Agency deems
to exceed or not meet the amount needed for the county committees
may be transferred to or from the Farm Service Agency for nec-
essary expenses: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm Service
Agency county offices: Provided further, That none of the funds
available to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an office
with two or fewer employees without prior notification and approval
of the Committees on Appropriations of both Houses of Congress.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $7,000,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $7,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
H. R. 2617—16
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
For necessary expenses to carry out direct reimbursement pay-
ments to geographically disadvantaged farmers and ranchers under
section 1621 of the Food Conservation, and Energy Act of 2008
(7 U.S.C. 8792), $4,000,000, to remain available until expended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans; $2,118,491,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $4,062,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $61,426,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $249,000 for
emergency loans, to remain available until expended; and
$23,520,000 for direct farm operating loans, $11,228,000 for unsub-
sidized guaranteed farm operating loans, $10,983,000 for the re-
lending program, and $894,000 for Indian highly fractionated land
loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000: Pro-
vided, That of this amount, $305,803,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Sala-
ries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership, operating and conserva-
tion direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$66,870,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
H. R. 2617—17
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $941,124,000,
to remain available until September 30, 2024, of which up to
$22,973,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for construction and
improvement of buildings and public improvements at plant mate-
rials centers, except that the cost of alterations and improvements
to other buildings and other public improvements shall not exceed
$250,000: Provided further, That when buildings or other structures
are erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$75,000,000, to remain available until expended, of which up to
$20,591,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of the
watershed or subwatershed exceeding two hundred and fifty thou-
sand acres in which such activities can be undertaken shall only
apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures): Pro-
vided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities
H. R. 2617—18
that can commence promptly following enactment; that address
regional priorities for flood prevention, agricultural water manage-
ment, inefficient irrigation systems, fish and wildlife habitat, or
watershed protection; or that address authorized ongoing projects
under the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78–534) with a primary purpose
of watershed protection by preventing floodwater damage and stabi-
lizing stream channels, tributaries, and banks to reduce erosion
and sediment transport: Provided further, That of the amounts
made available under this heading, $10,000,000 shall remain avail-
able until expended for the authorities under 16 U.S.C. 1001–
1005 and 1007–1009 for authorized ongoing watershed projects
with a primary purpose of providing water to rural communities.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $2,000,000 is provided.
HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out the Healthy Forests
Reserve Program under the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571–6578), $7,000,000, to remain available until
expended.
URBAN AGRICULTURE AND INNOVATIVE PRODUCTION
For necessary expenses to carry out the Urban Agriculture
and Innovative Production Program under section 222 of subtitle
A of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6923), as added by section 12302 of Public Law 115–
334, $8,500,000.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
H. R. 2617—19
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business: Provided
further, That the Secretary shall notify the Committees on Appro-
priations of the House and Senate in writing 15 days prior to
the obligation or commitment of any emergency funds from the
Commodity Credit Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and oper-
ation of agricultural cooperatives; and for cooperative agreements;
$351,087,000: Provided, That of the amount made available under
this heading, up to $5,000,000, to remain available until September
30, 2024, shall be for the Rural Partners Network activities of
the Department of Agriculture, and may be transferred to other
agencies of the Department for such purpose, consistent with the
missions and authorities of such agencies: Provided further, That
of the amount made available under this heading, no less than
$135,000,000, to remain available until expended, shall be used
for information technology expenses: Provided further, That not-
withstanding any other provision of law, funds appropriated under
H. R. 2617—20
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)),
any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,250,000,000 shall be for direct loans, $7,500,000
shall be for a Single Family Housing Relending demonstration
program for Native American Tribes, and $30,000,000,000 shall
be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $70,000,000 for section 515 rental housing;
$400,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired prop-
erty; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans, $46,375,000
shall be for direct loans; Single Family Housing Relending dem-
onstration program for Native American Tribes, $2,468,000; section
504 housing repair loans, $2,324,000; section 523 self-help housing
land development loans, $267,000; section 524 site development
loans, $208,000; and repair, rehabilitation, and new construction
of section 515 rental housing, $13,377,000: Provided, That to sup-
port the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a cur-
rent rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under
this paragraph for section 502 direct loans, no less than $5,000,000
shall be available for direct loans for individuals whose homes
will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing
Act of 1949 until June 1, 2023: Provided further, That the Secretary
shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by
the Secretary, with such incentives to include, but not be limited
H. R. 2617—21
to, the following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own resources
to include proceeds from low income housing tax credit syndication,
own contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of organiza-
tional costs associated with owner’s oversight of asset referred
to as ‘‘Asset Management Fee’’ of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including
the cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, $36,000,000, to remain available until
expended, for a demonstration program for the preservation and
revitalization of the sections 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family
housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments, subordi-
nating, reducing or re-amortizing loan debt; and other financial
assistance including advances, payments and incentives (including
the ability of owners to obtain reasonable returns on investment)
required by the Secretary: Provided, That the Secretary shall, as
part of the preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the restruc-
turing.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $14,084,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be paid to the appropriation for ‘‘Rural Development, Salaries and
Expenses’’.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,487,926,000, and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for purposes of any
debt reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
H. R. 2617—22
provided under agreements entered into prior to fiscal year 2023
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agree-
ments entered into prior to fiscal year 2023 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
RURAL HOUSING VOUCHER ACCOUNT
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding sub-
section (b) of such section, $48,000,000, to remain available until
expended: Provided, That the funds made available under this
heading shall be available for rural housing vouchers to any low-
income household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided further,
That funds made available for such vouchers shall be subject to
the availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable, administer
such vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the Sec-
retary of the Department of Housing and Urban Development:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for adminis-
trative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $48,000,000, to remain available
until expended.
H. R. 2617—23
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $341,490,328, to remain available until expended, of which
up to $325,490,328 shall be for the purposes, and in the amounts,
specified for this account in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Fed-
erally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That any unobligated
balances from prior year appropriations under this heading for
the cost of direct loans, loan guarantees and grants, including
amounts deobligated or cancelled, may be made available to cover
the subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no amounts
may be made available pursuant to the preceding proviso from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, or that were specified in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement for division A of Public Law 117-103 described in section
4 in the matter preceding such division A: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
H. R. 2617—24
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
For the cost of loan guarantees and grants, for the rural busi-
ness development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $86,520,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, $2,000,000 shall be for
the Rural Innovation Stronger Economy Grant Program (7 U.S.C.
2008w): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $3,313,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $331,000 shall be available through June 30, 2023, for
Federally Recognized Native American Tribes; and of which
$663,000 shall be available through June 30, 2023, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation projects,
$75,000,000.
H. R. 2617—25
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural eco-
nomic development and job creation projects shall not exceed
$15,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $28,300,000, of which $3,500,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvan-
taged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000, to
remain available until expended, shall be for value-added agricul-
tural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agri-
culture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For the principal amount of direct loans as authorized by sec-
tion 379E of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 2008s).
RURAL ENERGY FOR AMERICA PROGRAM
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$20,000,000.
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $18,000:
Provided, That the cost of loan guarantees, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
HEALTHY FOOD FINANCING INITIATIVE
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6953), as added by section 4206
of the Agricultural Act of 2014, for necessary expenses of the Sec-
retary to support projects that provide access to healthy food in
underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities, $3,000,000, to remain available
until expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
H. R. 2617—26
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,420,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $596,404,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appro-
priated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105–83: Provided further, That not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance pro-
grams: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a deter-
mination of extreme need, of which $8,500,000 shall be made avail-
able for a grant to a qualified nonprofit multi-State regional tech-
nical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assist-
ance for rural water systems for tribal communities: Provided fur-
ther, That not to exceed $21,180,000 of the amount appropriated
H. R. 2617—27
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assist-
ance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That not
to exceed $2,724,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate
for water and waste direct one percent loans for distressed commu-
nities: Provided further, That if the Secretary determines that any
portion of the amount made available for one percent loans is
not needed for such loans, the Secretary may use such amounts
for grants authorized by section 306(a)(2) of the Consolidated Farm
and Rural Development Act: Provided further, That if any funds
made available for the direct loan subsidy costs remain unobligated
after July 31, 2024, such unobligated balances may be used for
grant programs funded under this heading: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of loans and loan guarantees as author-
ized by sections 4, 305, 306, 313A, and 317 of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 904, 935, 936, 940c–1, and 940g) shall
be made as follows: guaranteed rural electric loans made pursuant
to section 306 of that Act, $2,167,000,000; cost of money direct
loans made pursuant to sections 4, notwithstanding the one-eighth
of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that
Act, $4,333,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $900,000,000; and for cost-of-money rural
telecommunications loans made pursuant to section 305(d)(2) of
that Act, $690,000,000: Provided, That up to $2,000,000,000 shall
be used for the construction, acquisition, design, engineering or
improvement of fossil-fueled electric generating plants (whether
new or existing) that utilize carbon subsurface utilization and stor-
age systems.
For the cost of direct loans as authorized by section 305(d)(2)
of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)),
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, cost of money rural tele-
communications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency
measures supported by the funding in this paragraph shall con-
tribute in a demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
H. R. 2617—28
shall be paid to the appropriation for ‘‘Rural Development, Salaries
and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000,
to remain available until expended, of which up to $4,991,000
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congres-
sionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided under
this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities
that meet all of the eligibility criteria for a consortium as estab-
lished by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $3,000,000, to remain
available until expended: Provided, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115–141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$363,512,317, to remain available until expended, of which up to
$15,512,317 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out
such pilot program: Provided further, That the cost of direct loans
shall be defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That at least 90 percent of the households
to be served by a project receiving a loan or grant under the
pilot program shall be in a rural area without sufficient access
to broadband: Provided further, That for purposes of such pilot
program, a rural area without sufficient access to broadband shall
be defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That to
the extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred mega-
bits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or
grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the
Rural Utilities Service unless such service is not provided sufficient
access to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made available
in this paragraph can be used for administrative costs to carry
out the pilot program and up to three percent of funds made
H. R. 2617—29
available in this paragraph may be available for technical assistance
and pre-development planning activities to support the most rural
communities: Provided further, That the Rural Utilities Service
is directed to expedite program delivery methods that would imple-
ment this paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice, reporting and
service area assessment requirements set forth in section 701 of
the Rural Electrification Act (7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND
CONSUMER SERVICES
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,376,000: Provided,
That funds made available by this Act to an agency in the Food,
Nutrition and Consumer Services mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $28,545,432,000 to remain available
through September 30, 2024, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $20,162,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $21,005,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $14,000,000 shall remain available until expended to
carry out section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)): Provided further, That notwith-
standing section 18(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year 2023
shall not exceed $500,000: Provided further, That of the total
amount available, $30,000,000 shall be available to provide competi-
tive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value
of greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment, maintenance,
H. R. 2617—30
or expansion of the school breakfast program: Provided further,
That of the total amount available, $40,000,000 shall remain avail-
able until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111–80): Provided further,
That of the total amount available, $2,000,000 shall remain avail-
able until expended to carry out activities authorized under sub-
sections (a)(2) and (e)(2) of section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)):
Provided further, That of the total amount available, $3,000,000
shall be available until September 30, 2024 to carry out section
23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$1,000,000 shall be for grants under such section to the Common-
wealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa: Provided further, That section 26(d) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1769g(d)) is amended
in the first sentence by striking ‘‘2010 through 2023’’ and inserting
‘‘2010 through 2024’’: Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3))
is amended in the first sentence by striking ‘‘For fiscal year 2022’’
and inserting ‘‘For fiscal year 2023’’: Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended in the first sentence by striking
‘‘For fiscal year 2022’’ and inserting ‘‘For fiscal year 2023’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding sec-
tion 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
the Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the National
Academies of Science, Engineering and Medicine and adjusted for
inflation: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Govern-
ment departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the require-
ment at 7 CFR 246.12(g)(6) at the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which
$3,000,000,000, to remain available through September 30, 2025,
shall be placed in reserve for use only in such amounts and at
H. R. 2617—31
such times as may become necessary to carry out program oper-
ations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes partici-
pating in the Food Distribution Program on Indian Reservations:
Provided further, That of the funds made available under this
heading, $3,000,000, to remain available until September 30, 2024,
shall be used to carry out section 4003(b) of Public Law 115–
334 relating to demonstration projects for tribal organizations: Pro-
vided further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and
Training under this heading shall remain available through Sep-
tember 30, 2024: Provided further, That funds made available under
this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of the
funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by sec-
tion 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutri-
tion Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $457,710,000, to remain available through September
30, 2024: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2023 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2024: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutri-
tion Service for carrying out any domestic nutrition assistance
program, $189,348,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.
H. R. 2617—32
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception
and representation expenses.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $237,330,000, of which no more than
6 percent shall remain available until September 30, 2024, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institu-
tions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricul-
tural Service appropriation solely for the purpose of offsetting fluc-
tuations in international currency exchange rates, subject to docu-
mentation by the Foreign Agricultural Service, shall remain avail-
able until expended.
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,750,000,000, to remain available until
expended.
H. R. 2617—33
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $243,331,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $24,300,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, which
shall be transferred to and merged with the appropriation for
‘‘Foreign Agricultural Service, Salaries and Expenses’’.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $6,562,793,000: Provided, That of the
amount provided under this heading, $1,310,319,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $324,777,000 shall be derived from medical device
H. R. 2617—34
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $582,500,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $41,600,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $32,144,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $29,303,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2023, including any such fees collected prior to
fiscal year 2023 but credited for fiscal year 2023, shall be subject
to the fiscal year 2023 limitations: Provided further, That the Sec-
retary may accept payment during fiscal year 2023 of user fees
specified under this heading and authorized for fiscal year 2024,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2024 for which the Secretary accepts
payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,196,097,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufac-
turers and field examinations of imported seafood; (2)
$2,289,290,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs, of which no less than $10,000,000 shall be for pilots to
increase unannounced foreign inspections and shall remain avail-
able until expended; (3) $489,594,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $287,339,000 shall be for
the Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $736,359,000 shall be for
the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $76,919,000
shall be for the National Center for Toxicological Research; (7)
$677,165,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory Affairs; (8)
$214,082,000 shall be for Rent and Related activities, of which
$55,893,000 is for White Oak Consolidation, other than the amounts
H. R. 2617—35
paid to the General Services Administration for rent; (9)
$236,166,000 shall be for payments to the General Services
Administration for rent; and (10) $359,782,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Food Policy and Response, the Office of Oper-
ations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts that
are made available under this heading for ‘‘other activities’’, and
that are not derived from user fees, $1,500,000 shall be transferred
to and merged with the appropriation for ‘‘Department of Health
and Human Services—Office of Inspector General’’ for oversight
of the programs and operations of the Food and Drug Administra-
tion and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter mono-
graph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not other-
wise provided, $12,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $50,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appro-
priated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
H. R. 2617—36
1002(b)(2)(A) of such Act, and may be transferred by the Commis-
sioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commis-
sioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mort-
gage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Commit-
tees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administra-
tion may exempt, an amount in its sole discretion, from the applica-
tion of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2023 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce oper-
ational costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not increase the
Department of Agriculture’s fleet above the 2018 level unless the
Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other avail-
able unobligated discretionary balances that are remaining avail-
able of the Department of Agriculture to the Working Capital Fund
for the acquisition of property, plant and equipment and for the
H. R. 2617—37
improvement, delivery, and implementation of Department finan-
cial, and administrative information technology services, and other
support systems necessary for the delivery of financial, administra-
tive, and information technology services, including cloud adoption
and migration, of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency adminis-
trator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropria-
tions of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropria-
tions of both Houses of Congress and in accordance with the require-
ments of section 716 of this Act: Provided further, That the National
Finance Center Information Technology Services Division personnel
and data center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll sys-
tems (PPS) and functions provided by the Chief Financial Officer
and the Chief Information Officer shall remain in the National
Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance
Center shared services including, but not limited to, payroll, finan-
cial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Pro-
vided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unfore-
seen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for
obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation
H. R. 2617—38
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appro-
priations of both Houses of Congress: Provided further, That not-
withstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for informa-
tion technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accom-
panying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
H. R. 2617—39
assistance under section 313B(a) of such Act in the same manner
as a borrower under such Act.
SEC. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropria-
tions made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2024, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regula-
tions.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a suc-
cessor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associ-
ated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,483,309,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of section 32
Commodity Purchases—$37,178,000: Provided, That, of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2023, such unobligated balances
shall carryover into fiscal year 2024 and shall remain available
H. R. 2617—40
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2024 appropriations Act.
SEC. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the cur-
rent fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as author-
ized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogram-
ming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
H. R. 2617—41
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogram-
ming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant posi-
tions or agency activities or functions to establish a center,
office, branch, or similar entity with ten or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. Notwithstanding section 310B(g)(5) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information requested
for the appropriations hearing process to any non-Department of
H. R. 2617—42
Agriculture, non-Department of Health and Human Services, or
non-Farm Credit Administration employee.
SEC. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropria-
tions of both Houses of Congress a detailed spending plan by
program, project, and activity for all the funds made available
under this Act including appropriated user fees, as defined in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act).
SEC. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 723. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Sec-
retary shall not include incarcerated prison populations.
SEC. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agri-
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appro-
priations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation of
Departmental financial management, information technology, and
other support systems necessary for the delivery of financial,
H. R. 2617—43
administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the
Department of Agriculture.
SEC. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ require-
ments of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ pub-
lished by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as defined
in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ‘‘variety’’ as applied in the definition of the term ‘‘staple food’’
as defined in section 271.2 of title 7, Code of Federal Regulations,
to increase the number of items that qualify as acceptable varieties
in each staple food category so that the total number of such
items in each staple food category exceeds the number of such
items in each staple food category included in the final rule as
published on December 15, 2016: Provided, That until the Secretary
promulgates such regulatory amendments, the Secretary shall apply
the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of
the Agricultural Act of 2014 (Public Law 113–79).
SEC. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Sec-
retary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Depart-
ment of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 729. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$315,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a Concurrent Reso-
lution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 730. Notwithstanding any provision of law that regulates
the calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act,
21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C.
601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031
et seq., for the cost of inspection services provided outside of an
establishment’s approved inspection shifts, and for inspection serv-
ices provided on Federal holidays: Provided, That any sums charged
pursuant to this paragraph shall be deemed as overtime pay or
holiday pay under section 1001(d) of the American Rescue Plan
Act of 2021 (Public Law 117–2, 135 Stat. 242): Provided further,
That sums received by the Secretary under this paragraph shall,
in addition to other available funds, remain available until expended
H. R. 2617—44
to the Secretary without further appropriation for the purpose
of funding all costs associated with FSIS inspections.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 732. In this fiscal year and thereafter, and notwith-
standing any other provision of law, none of the funds made avail-
able by this Act may be used to implement section 3.7(f) of the
Farm Credit Act of 1971 in a manner inconsistent with section
343(a)(13) of the Consolidated Farm and Rural Development Act.
SEC. 733. In this fiscal year and thereafter, and notwith-
standing any other provision of law, none of the funds made avail-
able by this Act may be used to carry out any activities or incur
any expense related to the issuance of licenses under section 3
of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of
such licenses, to class B dealers who sell Random Source dogs
and cats for use in research, experiments, teaching, or testing.
SEC. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construc-
tion materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
H. R. 2617—45
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
based on the request. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provi-
sions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian Tribe.
SEC. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Pro-
gram Account’’; ‘‘Rural Business-Cooperative Service—Rural Busi-
ness Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Business-Cooperative Service—Rural Microentre-
preneur Assistance Program’’; ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’; ‘‘Rural Utilities Service—
Rural Electrification and Telecommunications Loans Program
Account’’; and ‘‘Rural Utilities Service—Distance Learning, Tele-
medicine, and Broadband Program’’, to the maximum extent fea-
sible, at least 10 percent of the funds shall be allocated for assist-
ance in persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits,
any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit
by more than 10 percent: Provided, That for purposes of this section,
the term ‘‘persistent poverty counties’’ means any county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007–2011 American Community Survey 5-year aver-
age, or any territory or possession of the United States: Provided
further, That with respect to specific activities for which program
levels have been made available by this Act that are not supported
H. R. 2617—46
by budget authority, the requirements of this section shall be
applied to such program level.
SEC. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemp-
tion may not go into effect.
SEC. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 740. For school years 2022–2023 and 2023–2024, none
of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 741. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with section 7606 of the Agricultural Act of
2014 or subtitle G of the Agricultural Marketing Act of 1946,
within or outside the State in which the hemp is grown or
cultivated.
SEC. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
SEC. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including finan-
cial and legal services, to RHS multi-family housing borrowers
H. R. 2617—47
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such prop-
erties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 746. There is hereby appropriated $4,000,000, to carry
out section 4208 of Public Law 115–334, including for project loca-
tions in additional regions.
SEC. 747. There is hereby appropriated $4,000,000 to carry
out section 12301 of Public Law 115–334, Farming Opportunities
Training and Outreach.
SEC. 748. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the estab-
lished period provided under the Program in order to protect public
health.
SEC. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
SEC. 750. In this fiscal year and thereafter, and notwith-
standing any other provision of law, ARS facilities as described
in the ‘‘Memorandum of Understanding Between the U.S. Depart-
ment of Agriculture Animal and Plant Health Inspection Service
(APHIS) and the U.S. Department of Agriculture Agricultural
Research Service (ARS) Concerning Laboratory Animal Welfare’’
(16–6100–0103–MU Revision 16–1) shall be inspected by APHIS
for compliance with the Animal Welfare Act and its regulations
and standards.
SEC. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
SEC. 752. For school year 2023–2024, only a school food
authority that had a negative balance in the nonprofit school food
service account as of June 30, 2022, shall be required to establish
a price for paid lunches in accordance with section 12(p) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)).
SEC. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program that assists rural hospitals to improve long-
term operations and financial health by providing technical assist-
ance through analysis of current hospital management practices.
H. R. 2617—48
SEC. 754. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for bio-
technology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section
7209 of Public Law 115–334.
SEC. 756. Hereafter, none of the funds made available by this
Act or any other Act, may be used to pay the salaries or expenses
of personnel to implement any activities related to the permitting
of non-recording of observed violations of the Animal Welfare Act
or its regulations on official inspection reports.
SEC. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include equipment
and facility upgrades, and in addition to any other funds made
available for this purpose, there is appropriated $4,000,000, to
remain available until September 30, 2024: Provided, That amounts
made available in this section shall be treated as funds collected
by fees authorized under Mar. 4, 1923, ch. 288, §5, 42 Stat. 1518,
as amended (7 U.S.C. 55).
SEC. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
any staff office or any agency from the mission area in which
it was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment of
specific legislation affirming such move.
SEC. 759. The Secretary, acting through the Chief of the Nat-
ural Resources Conservation Service, may use funds appropriated
under this Act or any other Act for the Watershed and Flood
Prevention Operations Program and the Watershed Rehabilitation
Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emer-
gency Watershed Protection Program carried out pursuant to section
403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
provide technical services for such programs pursuant to section
1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
SEC. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115–141), the Secretary of Agriculture may, for
purposes of determining entities eligible to receive assistance, con-
sider those communities which are ‘‘Areas Rural in Character’’:
Provided, That not more than 10 percent of the funds made avail-
able under the heading ‘‘Distance Learning, Telemedicine, and
Broadband Program’’ for the purposes of the pilot program estab-
lished by section 779 of Public Law 115–141 may be used for
this purpose.
SEC. 761. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
H. R. 2617—49
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 762. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 763. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2023, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Avail-
ability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
SEC. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
SEC. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 766. There is appropriated to the Department of Agri-
culture, for an additional amount for ‘‘Agricultural Programs—
Processing, Research, and Marketing—Office of the Secretary’’,
$5,000,000, which shall remain available until expended, for nec-
essary expenses, under such terms and conditions determined by
the Secretary, related to testing soil, water, or agricultural products
for per- and polyfluoroalkyl substances (PFAS) at the request of
an agricultural producer, assisting agricultural producers affected
by PFAS contamination with costs related to mitigate the impacts
to their operation that have resulted from such contamination and
indemnifying agricultural producers for the value of unmarketable
crops, livestock, and other agricultural products related to PFAS
contamination: Provided, That the Secretary shall prioritize such
assistance to agricultural producers in states and territories that
have established a tolerance threshold for PFAS in a food or agricul-
tural product: Provided further, That, not later than 90 days after
the end of fiscal year 2023, the Secretary shall submit a report
to the Congress specifying the type, amount, and method of such
assistance by state and territory and the status of the amounts
obligated and plans for further expenditure, and include improve-
ments that can be made to U.S. Department of Agriculture pro-
grams, either administratively or legislatively, to increase support
for agricultural producers impacted by PFAS contamination and
to enhance scientific knowledge on PFAS uptake in crops and
H. R. 2617—50
livestock and PFAS mitigation and remediation methods and
disseminate such knowledge to agricultural producers.
SEC. 767. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2023, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Commu-
nity Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obli-
gated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obli-
gated under such headings for REAP Zones.
SEC. 768. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 769. For an additional amount for the Office of the Sec-
retary, $15,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778
of Public Law 117–103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching
the causes and conditions of challenges facing rural areas, and
develop community partnerships to address such challenges: Pro-
vided further, That administrative or other fees shall not exceed
one percent: Provided further, That such partnership shall coordi-
nate and publish an annual report.
SEC. 770. Of the unobligated balances from prior year appro-
priations made available under the heading ‘‘Farm Service Agency—
Agricultural Credit Insurance Fund Program Account’’, $73,000,000
are hereby rescinded.
SEC. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty
Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note), there
is hereby appropriated $25,000,000, to remain available until
expended, to pay, with respect to such contracts for the 2021
reinsurance year, an amount that is equal to the difference between
the amount to be paid pursuant to the SRA for the applicable
reinsurance year and the amount that would be paid if such con-
tracts were not subject to a reduction described in subsection
(a)(2)(G) of section III of the SRA but subject to a reimbursement
rate equal to 17.5 percent of the net book premium.
SEC. 772. For an additional amount for the ‘‘Office of the
Secretary’’, $1,300,000, to remain available until expended, for the
Secretary, in consultation with the Secretary of the Department
of Health and Human Services, to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to conduct a study of the eight topics and scientific questions
related to alcohol previously published by USDA and HHS and
other relevant topics: Provided, That the panel or panels established
by the National Academies Sciences, Engineering, and Medicine
to conduct the study shall operate in a fully transparent manner
and include a balanced representation of individuals who have
H. R. 2617—51
expertise in the health effects of alcohol consumption, are unbiased,
and are free from conflicts of interests: Provided further, That
the findings and recommendations of the study shall be based
on the preponderance of the scientific and medical knowledge con-
sistent with section 5341 of title 7 of United States Code: Provided
further, That not later than eighteen months after the date of
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit its report to the Secretary
of Agriculture, the Secretary of Health and Human Services, and
the Congress of its systematic review and data analysis of the
eight research topics: Provided further, That the Secretary of Agri-
culture shall ensure that the 2025 Dietary Guidelines for Americans
process includes a recommendation for alcohol and shall be based
on the preponderance of scientific and medical knowledge consistent
with section 5341 of title 7 of United States Code: Provided further,
That the Secretary of Agriculture shall ensure the process is fully
transparent and includes a balanced representation of individuals
who are unbiased and free from conflicts of interest.
SEC. 773. The Secretary, as part of the report on foreign land-
holding required under the Agricultural Foreign Investment Disclo-
sure Act (Public Law 95–460), shall report to Congress on foreign
investments in agricultural land in the United States, including
the impact foreign ownership has on family farms, rural commu-
nities, and the domestic food supply: Provided, That within 3 years
after the enactment of this Act, the Secretary shall establish a
streamlined process for electronic submission and retention of
disclosures made under the Agricultural Foreign Investment Disclo-
sure Act, including an internet database that contains disaggregated
data from each disclosure submitted: Provided further, That all
prior year disclosures of foreign investments in agricultural land
in the United States are published in the database: Provided fur-
ther, That the plan includes a process to ensure the protection
of personally identifiable information and that all disclosures of
foreign investments in agricultural land on the USDA website be
disaggregated by: (1) in any case in which such foreign person
is an individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the interest,
the country in which such foreign person is created or organized,
and the principal place of business of such foreign person.
SEC. 774. Notwithstanding any other provision of law, the
common name ‘‘Kanpachi’’ shall serve as an acceptable market
name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) for labeling and marketing of ocean-farmed Seriola
rivoliana.
SEC. 775. In this or any subsequent fiscal year, the Secretary
of Homeland Security shall transfer to the Secretary of Agriculture
the operation of and all property required to operate the National
Bio- and Agro-Defense Facility in Manhattan, Kansas: Provided,
That, such transfer of function shall include the transfer of up
to 40 full time equivalent positions, to be completed within 120
days of the effective date of the transfer of function, as jointly
determined by the Secretaries.
SEC. 776. (a) Section 260 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘2022’’ and inserting
‘‘2023’’.
H. R. 2617—52
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by
striking ‘‘2022’’ and inserting ‘‘2023’’.
SEC. 777. Section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) is amended by striking ‘‘Access
to Local Foods: Farm to School Program.’’ and inserting ‘‘Access
to Local Foods: Patrick Leahy Farm to School Program’’.
SEC. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary
shall consider a city or town to be a rural area for the purposes
of eligibility for a guaranteed loan funded through the Rural
Community Facilities Program Account if the project to be funded
received a prior loan from such account in fiscal year 2021.
SEC. 779. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 742 of division A of Public
Law 113–235, $150,000,000 are hereby rescinded not later than
September 30, 2023.
SEC. 780. Funds made available in the Consolidated Appropria-
tions Act, 2018 (Public Law 115–141) for the ‘‘Rural Community
Facilities Program Account’’ under section 306 of the Consolidated
Farm and Rural Development Act, 7 U.S.C. 1926, for the principal
amount of direct loans are to remain available through fiscal year
2028 for the liquidation of valid obligations incurred in fiscal year
2018.
SEC. 781. Of the unobligated balances from amounts made
available to carry out section 749(g) of the Agricultural Appropria-
tions Act of 2010 (Public Law 111–80), $80,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
This division may be cited as the ‘‘Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2023’’.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and retaining busi-
ness investment in the United States, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of
United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and transpor-
tation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
H. R. 2617—53
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; not to exceed $325,000
for purchase of armored vehicles without regard to the general
purchase price limitations; obtaining insurance on official motor
vehicles; and rental of tie lines, $625,000,000, of which $85,000,000
shall remain available until September 30, 2024: Provided, That
$12,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwithstanding section
3302 of title 31, United States Code: Provided further, That, of
amounts provided under this heading, not less than $16,400,000
shall be for China antidumping and countervailing duty enforce-
ment and compliance activities: Provided further, That the provi-
sions of the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange
Act of 1961 shall include payment for assessments for services
provided as part of these activities: Provided further, That, of
amounts provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying out
a pilot fellowship program of the United States Commercial Service
under which the Secretary of Commerce may make competitive
grants to appropriate institutions of higher education or students
to increase the level of knowledge and awareness of, and interest
in employment with, that Service among minority students: Pro-
vided further, That any grants awarded under such program shall
be made pursuant to regulations to be prescribed by the Secretary,
which shall require as a condition of the initial receipt of grant
funds, a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International Trade
Administration upon the completion of participation in the program.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Control
Reform Act of 2018 (subtitle B of title XVII of the John S. McCain
H. R. 2617—54
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $191,000,000,
of which $76,000,000 shall remain available until expended: Pro-
vided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27, 28, 29, and 30 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and 3723), as amended,
$430,000,000 to remain available until expended, of which
$50,000,000 shall be for grants under section 27, $41,000,000 shall
be for grants under section 28, $41,000,000 shall be for grants
under section 29 in amounts determined by the Secretary, and
$2,500,000 shall be for grants under section 30: Provided, That
any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in pre-
vious years, shall be subject to the procedures set forth in section
505 of this Act.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $68,000,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 through 30 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722–3723), as amended; and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Minority Business Development
Agency in fostering, promoting, and developing minority business
enterprises, as authorized by law, $70,000,000.
H. R. 2617—55
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
BUREAU OF THE CENSUS
CURRENT SURVEYS AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $330,000,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, pre-
paring, and publishing statistics for periodic censuses and programs
provided for by law, $1,155,000,000, to remain available until Sep-
tember 30, 2024: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activi-
ties.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$62,000,000, to remain available until September 30, 2024: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spec-
trum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this para-
graph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
for the administration of all open grants until their expiration.
H. R. 2617—56
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the United States Patent and Trade-
mark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $4,253,404,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2023, so
as to result in a fiscal year 2023 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2023, should the total amount of such offsetting collections be
less than $4,253,404,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$4,253,404,000 in fiscal year 2023 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2024 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offset-
ting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2023 or fiscal
year 2024: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2023
for official reception and representation expenses: Provided further,
That in fiscal year 2023 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary
to pay (1) the difference between the percentage of basic pay contrib-
uted by the USPTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of Per-
sonnel Management (OPM) for USPTO’s specific use, of basic pay,
of employees subject to subchapter III of chapter 83 of that title,
and (2) the present value of the otherwise unfunded accruing costs,
as determined by OPM for USPTO’s specific use of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement and
Disability Fund, the FEGLI Fund, and the Employees FEHB Fund,
as appropriate, and shall be available for the authorized purposes
H. R. 2617—57
of those accounts: Provided further, That any differences between
the present value factors published in OPM’s yearly 300 series
benefit letters and the factors that OPM provides for USPTO’s
specific use shall be recognized as an imputed cost on USPTO’s
financial statements, where applicable: Provided further, That, not-
withstanding any other provision of law, all fees and surcharges
assessed and collected by USPTO are available for USPTO only
pursuant to section 42(c) of title 35, United States Code, as amended
by section 22 of the Leahy-Smith America Invents Act (Public
Law 112–29): Provided further, That within the amounts appro-
priated, $2,450,000 shall be transferred to the ‘‘Office of Inspector
General’’ account for activities associated with carrying out inves-
tigations and audits related to the USPTO.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $953,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That of the amounts
appropriated under this heading, $62,532,000 shall be used for
the projects, and in the amounts, specified in the table immediately
following the paragraph ‘‘NIST STRS Community Project Funding/
NIST External Projects’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for the
projects referenced in the preceding proviso may not be transferred
for any other purpose: Provided further, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which
$175,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $37,000,000 shall be for the Manufac-
turing USA Program.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278c–278e), $462,285,000, to remain available until
expended: Provided, That of the amounts appropriated under this
heading, $332,285,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
‘‘NIST Construction Community Project Funding/NIST Extramural
Construction’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
H. R. 2617—58
Provided further, That up to one percent of amounts made available
for the projects referenced in the preceding proviso may be used
for the administrative costs of such projects: Provided further, That
the Director of the National Institute of Standards and Technology
shall submit a spending plan to the Committees on Appropriations
of the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall include in the budget
justification materials for fiscal year 2024 that the Secretary sub-
mits to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such project for
each of the 5 subsequent fiscal years.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot pro-
grams for State-led fisheries management, notwithstanding any
other provision of law; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$4,500,997,000, to remain available until September 30, 2024: Pro-
vided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may
be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$344,901,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activi-
ties related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Observers and
Training; Fisheries Management Programs and Services; and Inter-
jurisdictional Fisheries Grants: Provided further, That not to exceed
$71,299,000 shall be for payment to the ‘‘Department of Commerce
Working Capital Fund’’: Provided further, That of the
$4,868,898,000 provided for in direct obligations under this heading,
$4,500,997,000 is appropriated from the general fund, $344,901,000
is provided by transfer, and $23,000,000 is derived from recoveries
of prior year obligations: Provided further, That of the amounts
appropriated under this heading, $111,465,000 shall be used for
the projects, and in the amounts, specified in the table immediately
following the paragraph ‘‘NOAA Community Project Funding/NOAA
Special Projects’’ in the explanatory statement described in section
H. R. 2617—59
4 (in the matter preceding division A of this consolidated Act):
Provided further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act), or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That in addition, for necessary retired pay expenses under
the Retired Serviceman’s Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired personnel
and their dependents under the Dependents’ Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,653,630,000, to remain avail-
able until September 30, 2025, except that funds provided for
acquisition and construction of vessels and aircraft, and construction
of facilities shall remain available until expended: Provided, That
of the $1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification mate-
rials for fiscal year 2024 that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate
of the budgetary requirements for each such project for each of
the 5 subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2024: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Wash-
ington, Oregon, Idaho, Nevada, California, and Alaska, and to the
federally recognized Tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endan-
gered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
H. R. 2617—60
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contribu-
tions of at least 33 percent of the Federal funds.
FISHERIES DISASTER ASSISTANCE
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94–265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99–659),
$300,000.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2023, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Mer-
chant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $95,000,000: Provided,
That no employee of the Department of Commerce may be detailed
or assigned from a bureau or office funded by this Act or any
other Act to offices within the Office of the Secretary of the Depart-
ment of Commerce for more than 180 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
of assignment using funds provided under this heading: Provided
further, That amounts made available to the Department of Com-
merce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary cir-
cumstances that threaten life or property.
RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
NONRECURRING EXPENSES FUND
For necessary expenses for technology modernization projects
and cybersecurity risk mitigation of the Department of Commerce,
$35,000,000, to remain available until September 30, 2025: Pro-
vided, That amounts made available under this heading are in
H. R. 2617—61
addition to such other funds as may be available for such purposes:
Provided further, That any unobligated balances of expired discre-
tionary funds transferred to the Department of Commerce Non-
recurring Expenses Fund, as authorized by section 111 of title
I of division B of Public Law 116–93, may be obligated only after
the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of the
planned use of funds.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $48,000,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Depart-
ment of Commerce.
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2023:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Pro-
gram is $6,837,900,000, the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
H. R. 2617—62
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) nec-
essary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursu-
ant to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a reimbursable
or non-reimbursable basis. Amounts received as reimbursement
for services provided under this section or the authority under
which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropria-
tions, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian Tribal government, Terri-
tory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute adminis-
tered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Adminis-
trator of NOAA is authorized to: (1) enter into grants and coopera-
tive agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local govern-
ment, Tribal government, Territory, or possession or any subdivi-
sions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be depos-
ited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2024, for such purposes: Pro-
vided further, That all funds within this section and their cor-
responding uses are subject to section 505 of this Act.
SEC. 110. Amounts provided by this Act or by any prior appro-
priations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Adminis-
tration of the Department of Commerce, including amounts provided
H. R. 2617—63
for programs of the Bureau of Economic Analysis and the Bureau
of the Census, shall be available for expenses of cooperative agree-
ments with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
SEC. 111. Amounts provided by this Act for the Hollings Manu-
facturing Extension Partnership under the heading ‘‘National
Institute of Standards and Technology—Industrial Technology Serv-
ices’’ shall not be subject to cost share requirements under 15
U.S.C. 278k(e)(2): Provided, That the authority made available
pursuant to this section shall be elective, in whole or in part,
for any Manufacturing Extension Partnership Center that also
receives funding from a State that is conditioned upon the applica-
tion of a Federal cost sharing requirement.
SEC. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive—
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of
1972 (16 U.S.C. 1455, 1455a, and 1461) as necessary at the
request of the grant applicant, for amounts made available
under this Act under the heading ‘‘Operations, Research, and
Facilities’’ under the heading ‘‘National Oceanic and
Atmospheric Administration’’; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of
1972 (16 U.S.C. 1455, 1455a, and 1461) as necessary at the
request of the grant applicant, for amounts made available
under this Act under the heading ‘‘Procurement, Acquisition
and Construction’’ under the heading ‘‘National Oceanic and
Atmospheric Administration’’.
This title may be cited as the ‘‘Department of Commerce Appro-
priations Act, 2023’’.
TITLE II
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $145,000,000, of which $4,000,000 shall remain
available until September 30, 2024, and of which not to exceed
$4,000,000 for security and construction of Department of Justice
facilities shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
H. R. 2617—64
direction, $138,000,000, to remain available until expended: Pro-
vided, That the Attorney General may transfer up to $40,000,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
for enterprise-wide information technology initiatives: Provided fur-
ther, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$860,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account, and of which not
less than $29,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $50,000,000 of the total amount made available under
this heading shall remain available until September 30, 2027, for
build-out and modifications of courtroom space.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2024.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $14,591,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
petitions; and rent of private or Government-owned space in the
District of Columbia, $1,138,000,000, of which not to exceed
H. R. 2617—65
$50,000,000 for litigation support contracts and information tech-
nology projects, including cybersecurity and hardening of critical
networks, shall remain available until expended: Provided, That
of the amount provided for INTERPOL Washington dues payments,
not to exceed $685,000 shall remain available until expended: Pro-
vided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official
reception and representation expenses: Provided further, That of
the total amount appropriated, not to exceed $9,000 shall be avail-
able to the Criminal Division for official reception and representa-
tion expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the elec-
tion monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election moni-
toring program, $3,390,000 shall remain available until expended:
Provided further, That any funds provided under this heading in
prior year appropriations Acts that remain available to the Civil
Rights Division for salaries and expenses associated with the elec-
tion monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) may also be used to carry out any
authorized purposes of the Civil Rights Division: Provided further,
That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, $31,738,000, to be appro-
priated from the Vaccine Injury Compensation Trust Fund and
to remain available until expended.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $225,000,000, to remain available until expended,
of which not to exceed $5,000 shall be available for official reception
and representation expenses: Provided, That notwithstanding any
other provision of law, fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $190,000,000 in fiscal year 2023), shall be retained
and used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2023,
H. R. 2617—66
so as to result in a final fiscal year 2023 appropriation from the
general fund estimated at $35,000,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agree-
ments, $2,632,000,000: Provided, That of the total amount appro-
priated, not to exceed $19,600 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate
in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $255,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
of discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available
in such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of law,
fees deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), shall be
retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That
to the extent that fees deposited into the Fund as discretionary
offsetting collections in fiscal year 2023, net of amounts necessary
to pay refunds due depositors, exceed $255,000,000, those excess
amounts shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That
the sum herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2023, net of amounts
necessary to pay refunds due depositors, (estimated at $269,000,000)
and (2) to the extent that any remaining general fund appropria-
tions can be derived from amounts deposited in the Fund as discre-
tionary offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,504,000.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for pro-
tected witness safesites; not to exceed $3,000,000 is for the purchase
and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
H. R. 2617—67
installation, maintenance, and upgrade of secure telecommuni-
cations equipment and a secure automated information network
to store and retrieve the identities and locations of protected wit-
nesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$1,705,000,000, of which not to exceed $20,000 shall be available
for official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
CONSTRUCTION
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and
related support, $18,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $2,129,789,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
H. R. 2617—68
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the activities of the
National Security Division, $133,512,000, of which not to exceed
$5,000,000 for information technology systems shall remain avail-
able until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $550,458,000, of which $50,000,000 shall remain avail-
able until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $10,676,000,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$284,000 shall be available for official reception and representation
expenses.
CONSTRUCTION
For necessary expenses, to include the cost of equipment, fur-
niture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by pur-
chase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
work environment facilities and secure networking capabilities;
$651,895,000, to remain available until expended.
H. R. 2617—69
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,563,116,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be avail-
able for official reception and representation expenses: Provided,
That, notwithstanding section 3672 of Public Law 106–310, up
to $10,000,000 may be used to reimburse States, units of local
government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated
with clandestine methamphetamine laboratories, conversion and
extraction operations, tableting operations, or laboratories and proc-
essing operations for fentanyl and fentanyl-related substances
which may present a danger to public health or the environment.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explo-
sives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,672,000,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
CONSTRUCTION
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and informa-
tion technology requirements; construction or acquisition of
buildings, facilities, and sites by purchase, or as otherwise author-
ized by law; conversion, modification and extension of federally
H. R. 2617—70
owned buildings; and preliminary planning and design of projects;
$75,000,000, to remain available until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assist-
ance and advice on corrections related issues to foreign govern-
ments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First
Step Act of 2018 (Public Law 115–391), of which not less than
2 percent shall be transferred to and merged with the appropriation
for ‘‘Office of Justice Programs—Research, Evaluation and Statis-
tics’’ for the National Institute of Justice to carry out evaluations
of programs and activities related to the First Step Act of 2018:
Provided further, That the Attorney General may transfer to the
Department of Health and Human Services such amounts as may
be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System,
where necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts pay-
able to persons who, on behalf of the Federal Prison System, furnish
health services to individuals committed to the custody of the Fed-
eral Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain avail-
able until expended for necessary operations: Provided further, That,
of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make pay-
ments in advance for grants, contracts and reimbursable agree-
ments, and other expenses: Provided further, That the Director
of the Federal Prison System may accept donated property and
services relating to the operation of the prison card program from
a not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit entity fur-
nishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses,
or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites, and construction of new facili-
ties; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $108,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
H. R. 2617—71
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assist-
ance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); title II
of the Civil Rights Act of 1968 (commonly known as the ‘‘Indian
Civil Rights Act of 1968’’) (Public Law 90–284) (‘‘the Indian Civil
Rights Act’’); the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Victims of
Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
the Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108–21); the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’);
the Violence Against Women and Department of Justice Reauthor-
ization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
Violence Against Women Reauthorization Act of 2013 (Public Law
113–4) (‘‘the 2013 Act’’); the Justice for Victims of Trafficking Act
of 2015 (Public Law 114–22) (‘‘the 2015 Act’’); and the Abolish
Human Trafficking Act (Public Law 115–392); and the Violence
Against Women Act Reauthorization Act of 2022 (division W of
H. R. 2617—72
Public Law 117–103) (‘‘the 2022 Act’’); and for related victims serv-
ices, $700,000,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent
of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided—
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as author-
ized by section 5903 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2023 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Pro-
grams;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assist-
ance to children and youth exposed to such violence; programs
to engage men and youth in preventing such violence; and
assistance to middle and high school students through edu-
cation and other services related to such violence, of which
$3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking: Provided,
That unobligated balances available for the programs author-
ized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I the 1968 Act,
of which $4,000,000 is for a homicide reduction initiative; up
to $4,000,000 is for a domestic violence lethality reduction
initiative; $8,000,000 is for an initiative to promote effective
policing and prosecution responses to domestic violence, dating
violence, sexual assault, and stalking, including evaluation of
the effectiveness of funded interventions (‘‘Policing and Prosecu-
tion Initiative’’); and $1,000,000 is for an initiative to enhance
prosecution and investigation of online abuse and harassment
(‘‘Prosecution and Investigation of Online Abuse Initiative’’):
Provided, That subsections (c) and (d) of section 2101 of the
H. R. 2617—73
1968 Act shall not apply to the Policing and Prosecution Initia-
tive or the Prosecution and Investigation of Online Abuse Initia-
tive;
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as author-
ized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal Govern-
ments in exercising special Tribal criminal jurisdiction, as
authorized by section 204 of the Indian Civil Rights Act: Pro-
vided, That the grant conditions in section 40002(b) of the
1994 Act shall apply to grants made;
(17) $2,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program to support restora-
tive justice responses to domestic violence, dating violence,
sexual assault, and stalking, including evaluations of those
responses: Provided, That the definitions and grant conditions
in section 109 of the 2022 Act, shall apply to this program;
(19) $11,000,000 is for culturally specific services for vic-
tims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-designa-
tion of tribal prosecutors as Tribal Special Assistant United
States Attorneys: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
H. R. 2617—74
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and stalking,
including through the provision of technical assistance, as
authorized by section 206 of the 2022 Act: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services
to underserved populations, as authorized by section 120 of
the 2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the effectiveness
of funded projects: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and evalua-
tion activities, as authorized by section 41701 of the 1994
Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
OFFICE OF JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the
1994 Act’’); the Juvenile Justice and Delinquency Prevention Act
of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public
Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of
2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–
79) (‘‘PREA’’); the NICS Improvement Amendments Act of 2007
(Public Law 110–180); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198); the
First Step Act of 2018 (Public Law 115–391); and other programs,
$77,000,000, to remain available until expended, of which—
H. R. 2617—75
(1) $42,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $35,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $7,500,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; $1,000,000
is for research to study the root causes of school violence
to include the impact and effectiveness of grants made under
the STOP School Violence Act of 2018 (title V of division S
of Public Law 115–141); $1,000,000 is for research on violence
against American Indians and Alaska Natives or otherwise
affecting indigenous communities, in connection with extractive
industry activities; $1,000,000 is for research on gun violence
prevention; $1,000,000 is for surveys on the campus sexual
assault climate; $1,200,000 is for a study on certain school-
based crimes; and $1,000,000 is for a study on law enforcement
and community agency responses to opioid overdoses.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (Public Law 90–351)
(‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–
405); the Victims of Child Abuse Act of 1990 (Public Law 101–
647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthor-
ization Act of 2005 (Public Law 109–164) (‘‘the TVPRA of 2005’’);
the Violence Against Women and Department of Justice Reauthor-
ization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109–248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106–386) (‘‘the Victims
of Trafficking Act’’); the NICS Improvement Amendments Act of
2007 (Public Law 110–180); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the
Prison Rape Elimination Act of 2003 (Public Law 108–79) (‘‘PREA’’);
the Second Chance Act of 2007 (Public Law 110–199); the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403); the Victims of Crime Act of
1984 (Public Law 98–473); the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110–416); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’);
the Justice for All Reauthorization Act of 2016 (Public Law 114–
324); Kevin and Avonte’s Law (division Q of Public Law 115–
141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
Act of 2018 (title III of division S of Public Law 115–141) (‘‘the
Keep Young Athletes Safe Act’’); the STOP School Violence Act
H. R. 2617—76
of 2018 (title V of division S of Public Law 115–141) (‘‘the STOP
School Violence Act’’); the Fix NICS Act of 2018 (title VI of division
S of Public Law 115–141); the Project Safe Neighborhoods Grant
Program Authorization Act of 2018 (Public Law 115–185); the SUP-
PORT for Patients and Communities Act (Public Law 115–271);
the Second Chance Reauthorization Act of 2018 (Public Law 115–
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018
(Public Law 115–401); the Missing Persons and Unidentified
Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO
HATE Act (34 U.S.C. 30507); the Violence Against Women Act
Reauthorization Act of 2022 (division W of Public Law 117–103
(‘‘the 2022 Act’’); and other programs, $2,416,805,000, to remain
available until expended as follows—
(1) $770,805,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1—
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Surviv-
ability (VALOR);
(B) $3,500,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Per-
sons System;
(C) $10,000,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or disabilities;
(D) $5,000,000 is for a student loan repayment assist-
ance program pursuant to section 952 of Public Law 110–
315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Pro-
gram (title XXIV of the 1994 Act), as amended by Kevin
and Avonte’s Law;
(G) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(H) $13,000,000 is for the Capital Litigation Improve-
ment Grant Program, as authorized by section 426 of Public
Law 108–405, and for grants for wrongful conviction review;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti
Alert Act of 2018 (Public Law 115–401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
H. R. 2617—77
(N) $6,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116–277);
(O) $4,000,000 is for a drug data research center to
combat opioid abuse;
(P) $1,500,000 is for grants to accredited institutions
of higher education to support forensic ballistics programs;
(Q) $229,551,000 is for discretionary grants to improve
the functioning of the criminal justice system, to prevent
or combat juvenile delinquency, and to assist victims of
crime (other than compensation), which shall be used for
the projects, and in the amounts, specified under the
heading, ‘‘Byrne Discretionary Community Project Grants/
Byrne Discretionary Grants’’, in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such amounts
may not be transferred for any other purpose;
(R) $5,000,000 is for the purposes authorized under
section 1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve virtual
training for law enforcement; and
(T) $7,000,000 is for programs for cybercrime enforce-
ment, as authorized by sections 1401 and 1402 of the
2022 Act;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $95,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of the Victims
of Trafficking Act, by the TVPRA of 2005, or programs author-
ized under Public Law 113–4;
(4) $13,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110–
403, of which not less than $2,500,000 is for intellectual prop-
erty enforcement grants including as authorized by section
401, and $2,000,000 is for grants to develop databases on Inter-
net of Things device capabilities and to build and execute
training modules for law enforcement;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Part-
nership Grant Program, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 shall be transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
H. R. 2617—78
Improvement Amendments Act of 2007 (Public Law 110–180)
and Fix NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $170,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $130,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $20,000,000 for other local, State, and Federal
forensic activities;
(C) $15,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Pro-
gram (Public Law 108–405, section 412); and
(D) $5,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $55,000,000 for community-based grant programs to
improve the response to sexual assault, including assistance
for investigation and prosecution of related cold cases;
(12) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199) and by the Second Chance Reauthoriza-
tion Act of 2018 (Public Law 115–391), without regard to the
time limitations specified at section 6(1) of such Act, of which
not to exceed—
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental
and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanc-
tions in probation, of which no less than $500,000 shall
be used for a project that provides training, technical assist-
ance, and best practices; and
(D) $10,000,000 is for a grant program for crisis sta-
bilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020
(Public Law 116–281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards
for Pay for Success projects, of which up to $5,000,000 shall
H. R. 2617—79
be for Pay for Success programs implementing the Permanent
Supportive Housing Model and reentry housing;
(15) $445,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the fol-
lowing programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which—
(A) $95,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $45,000,000 is for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $45,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $35,000,000 is for a veterans treatment courts pro-
gram;
(E) $35,000,000 is for a program to monitor prescrip-
tion drugs and scheduled listed chemical products; and
(F) $190,000,000 is for a comprehensive opioid, stimu-
lant, and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $3,500,000 for grants to State and local law enforce-
ment agencies for the expenses associated with the investiga-
tion and prosecution of criminal offenses involving civil rights,
authorized by the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 (Public Law 114–325);
(19) $25,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111–84);
(20) $10,000,000 for grants to support community-based
approaches to advancing justice and reconciliation, facilitating
dialogue between all parties, building local capacity, de-esca-
lating community tensions, and preventing hate crimes through
conflict resolution and community empowerment and education;
(21) $10,000,000 for programs authorized under the Jabara-
Heyer NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-commu-
nity relations, of which $35,000,000 is for a competitive
matching grant program for purchases of body-worn cameras
for State, local, and Tribal law enforcement; $35,000,000 is
for a justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction; and
$50,000,000 is for a community violence intervention and
prevention initiative:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
H. R. 2617—80
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service: Provided further,
That in the spending plan submitted pursuant to section 528 of
this Act, the Office of Justice Programs shall specifically and explic-
itly identify all changes in the administration of competitive grant
programs for fiscal year 2023, including changes to applicant eligi-
bility, priority areas or weightings, and the application review
process.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public
Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law
101–647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’);
the PROTECT Our Children Act of 2008 (Public Law 110–401);
the Violence Against Women Reauthorization Act of 2013 (Public
Law 113–4) (‘‘the 2013 Act’’); the Justice for All Reauthorization
Act of 2016 (Public Law 114–324); the Missing Children’s Assistance
Act of 2018 (Public Law 115–267); the Juvenile Justice Reform
Act of 2018 (Public Law 115–385); the Victims of Crime Act of
1984 (chapter XIV of title II of Public Law 98–473) (‘‘the 1984
Act’’); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114–198); and other juvenile justice programs,
$400,000,000, to remain available until expended as follows—
(1) $75,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local, and Tribal juvenile justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which, pursu-
ant to sections 261 and 262 of the 1974 Act—
(A) $5,000,000 shall be for grants to prevent trafficking
of girls;
(B) $17,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated par-
ents;
(D) $5,500,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $12,500,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and substance use
disorder;
(F) $10,000,000 shall be for an initiative relating to
children exposed to violence; and
(G) $2,000,000 shall be for grants to protect vulnerable
and at-risk youth;
H. R. 2617—81
(4) $41,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children pro-
grams, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PRO-
TECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding pro-
visos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for adminis-
trative costs), to remain available until expended; and $34,800,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Violence Against Women and Department of Justice Reauthoriza-
tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Amer-
ican Law Enforcement Heroes Act of 2017 (Public Law 115–37);
the Law Enforcement Mental Health and Wellness Act (Public
Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients
H. R. 2617—82
and Communities Act (Public Law 115–271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116–32)
(‘‘the STOIC Act’’), $662,880,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act: Provided further, That of the amount pro-
vided under this heading—
(1) $324,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $34,000,000
is for improving Tribal law enforcement, including hiring, equip-
ment, training, anti-methamphetamine activities, and anti-
opioid activities: Provided further, That of the amounts appro-
priated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That of
the amounts appropriated under this paragraph, no less than
$4,000,000 is to support the Tribal Access Program: Provided
further, That of the amounts appropriated under this para-
graph, $10,000,000 is for training, peer mentoring, mental
health program activities, and other support services as author-
ized under the LEMHW Act and the STOIC Act: Provided
further, That of the amounts appropriated under this para-
graph, $7,500,000 is for the collaborative reform model of tech-
nical assistance in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and labora-
tory dump seizures: Provided, That funds appropriated under
this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diver-
sion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for pur-
poses authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141);
H. R. 2617—83
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be used
for the projects, and in the amounts, specified under the
heading, ‘‘Community Oriented Policing Services, Technology
and Equipment Community Projects/ COPS Law Enforcement
Technology and Equipment’’, in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not
be transferred for any other purpose: Provided further, That
grants funded by such amounts shall not be subject to section
1703 of title I of the 1968 Act (34 U.S.C. 10383).
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibi-
tion be declared unconstitutional by a court of competent jurisdic-
tion, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
this section shall not apply to the following—
(1) paragraph 1(Q) under the heading ‘‘State and Local
Law Enforcement Assistance’’; and
(2) paragraph (7) under the heading ‘‘Community Oriented
Policing Services Programs’’.
SEC. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
H. R. 2617—84
States Marshals Service for the purpose of transporting an indi-
vidual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appro-
priations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or author-
ized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statis-
tics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assist-
ance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
of Justice and the Bureau of Justice Statistics, shall be trans-
ferred to and merged with funds provided to the National
H. R. 2617—85
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
This section shall not apply to paragraph 1(Q) under the
heading ‘‘State and Local Law Enforcement Assistance’’.
SEC. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2020 through 2023
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard commu-
nities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2023, except up to $12,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances trans-
ferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2023, and any use, obligation, transfer, or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2023, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under such authori-
ties as have been enacted for Performance Partnership Pilots in
appropriations acts in prior fiscal years and the current fiscal
year.
H. R. 2617—86
SEC. 218. The Attorney General shall submit to the Committees
on Appropriations of the House of Representatives and the Senate
quarterly reports on the Crime Victims Fund, the Working Capital
Fund, the Three Percent Fund, and the Asset Forfeiture Fund.
Such quarterly reports shall contain at least the same level of
information and detail for each Fund as was provided to the
Committees on Appropriations of the House of Representatives and
the Senate in fiscal year 2022.
SEC. 219. Section 3201 of Public Law 101–647, as amended
(28 U.S.C. 509 note), is hereby amended: (1) by striking ‘‘or the
Immigration and Naturalization Service’’ and inserting ‘‘the Federal
Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explo-
sives, or the United States Marshals Service’’; and (2) by striking
‘‘$25,000’’ and inserting ‘‘$50,000’’.
SEC. 220. None of the funds made available under this Act
may be used to conduct, contract for, or otherwise support, live
tissue training, unless the Attorney General issues a written, non-
delegable determination that such training is medically necessary
and cannot be replicated by alternatives.
SEC. 221. (a) DESIGNATION.—The facilities of the Federal
Bureau of Investigation at Redstone Arsenal, Alabama, shall be
known and designated as the ‘‘Richard Shelby Center for Innovation
and Advanced Training’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facili-
ties of the Federal Bureau of Investigation at Redstone Arsenal
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Richard Shelby Center for Innovation and Advanced
Training’’.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2023’’.
TITLE III
SCIENCE
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$7,965,000.
NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in car-
rying out the purposes of title V of Public Law 100–685 and Execu-
tive Order No. 13803, hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
$1,965,000: Provided, That notwithstanding any other provision
of law, the National Space Council may accept personnel support
from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
H. R. 2617—87
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program manage-
ment; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,795,000,000, to remain
available until September 30, 2024.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activi-
ties, including research, development, operations, support, and serv-
ices; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, mainte-
nance, and operation of mission and administrative aircraft,
$935,000,000, to remain available until September 30, 2024.
SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; pro-
gram management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, mainte-
nance, and operation of mission and administrative aircraft,
$1,200,000,000, to remain available until September 30, 2024: Pro-
vided, That $227,000,000 shall be for On-orbit Servicing, Assembly,
and Manufacturing 1: Provided further, That $110,000,000 shall
be for the development, production, and demonstration of a nuclear
thermal propulsion system, of which not less than $45,000,000
shall be for reactor development, not less than $45,000,000 shall
be for fuel materials development, and not less than $20,000,000
shall be for non-nuclear systems development and acquisition plan-
ning: Provided further, That, not later than 180 days after the
enactment of this Act, the National Aeronautics and Space Adminis-
tration shall provide a plan for the design of a flight demonstration.
H. R. 2617—88
EXPLORATION
For necessary expenses, not otherwise provided for, in the
conduct and support of Artemis Campaign Development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program manage-
ment; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,468,850,000, to remain
available until September 30, 2024: Provided, That not less than
$1,338,700,000 shall be for the Orion Multi-Purpose Crew Vehicle:
Provided further, That not less than $2,600,000,000 shall be for
the Space Launch System (SLS) launch vehicle, which shall have
a lift capability not less than 130 metric tons and which shall
have core elements and an Exploration Upper Stage developed
simultaneously to be used to the maximum extent practicable,
including for Earth to Moon missions and Moon landings: Provided
further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including
the Exploration Upper Stage and associated systems including
related facilitization, to support an SLS Block 1B mission available
to launch in 2025 in addition to the planned Block 1 missions
for Artemis I through Artemis III: Provided further, That
$799,150,000 shall be for Exploration Ground Systems and associ-
ated Block 1B activities, including up to $281,350,000 for a second
mobile launch platform: Provided further, That the National Aero-
nautics and Space Administration shall provide to the Committees
on Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence that
contemplates the use of an SLS Block 1B cargo variant with an
8.4 meter fairing and associated ground systems: Provided further,
That $2,600,300,000 shall be for Artemis Campaign Development.
SPACE OPERATIONS
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications activi-
ties, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $4,250,000,000, to remain
available until September 30, 2024.
H. R. 2617—89
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ENGAGEMENT
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, develop-
ment, operations, support, and services; program management; per-
sonnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $143,500,000, to remain
available until September 30, 2024, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $58,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, explo-
ration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; pro-
gram management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official recep-
tion and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$3,129,451,000, to remain available until September 30, 2024: Pro-
vided, That if available balances in the ‘‘Science, Space, and Tech-
nology Education Trust Fund’’ are not sufficient to provide for
the grant disbursements required under the third and fourth pro-
visos under such heading in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1989
(Public Law 100–404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1995 (Public Law 103–327) up to
$1,000,000 shall be available from amounts made available under
this heading to make such grant disbursements: Provided further,
That of the amounts appropriated under this heading, $30,701,000
shall be used for the projects, and in the amounts, specified in
the table under the heading ‘‘NASA Community Projects/NASA
Special Projects’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
H. R. 2617—90
condemnation of real property, as authorized by law, and environ-
mental compliance and restoration, $47,300,000, to remain available
until September 30, 2028: Provided, That proceeds from leases
deposited into this account shall be available for a period of 5
years to the extent and in amounts as provided in annual appropria-
tions Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2023 in an amount not to exceed $25,000,000: Provided further,
That each annual budget request shall include an annual estimate
of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of
which $500,000 shall remain available until September 30, 2024.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appro-
priations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any funds transferred to ‘‘Construction and Environ-
mental Compliance and Restoration’’ for construction activities shall
not increase that account by more than 50 percent and any funds
transferred to or within ‘‘Exploration’’ for Exploration Ground Sys-
tems shall not increase Exploration Ground Systems by more than
$49,300,000. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expendi-
ture in fiscal year 2023 may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
as any subsequent change of an amount established in that
spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section
H. R. 2617—91
505 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year Construction
and Environmental Compliance and Restoration (CECR) appropria-
tion may be applied to CECR projects funded under previous years’
CECR appropriations. Use of current-year funds under this provi-
sion shall be treated as a reprogramming of funds under section
505 of this act and shall not be available for obligation except
in compliance with the procedures set forth in that section.
Of the amounts made available in this Act under the heading
‘‘Science, Technology, Engineering, and Mathematics Engagement’’
(‘‘STEM Engagement’’), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from
amounts made available in this Act under the headings ‘‘Science’’,
‘‘Aeronautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space Oper-
ations’’, projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including
Minority Serving Institutions.
Section 30102(b) of title 51, United States Code, is amended
by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
‘‘(3) INFORMATION TECHNOLOGY (IT) MODERNIZATION.—The
fund shall also be available for the purpose of funding IT
Modernization activities, as described in section 1077(b)(3)(A)–
(E) of Public Law 115–91, on a non-reimbursable basis.’’.
Not to exceed $18,162,000 made available for the current fiscal
year in this Act within ‘‘Safety, Security and Mission Services’’
may be transferred to the Working Capital Fund of the National
Aeronautics and Space Administration. Balances so transferred
shall be available until expended only for activities described in
section 30102(b)(3) of title 51, United States Code, as amended
by this Act, and shall remain available until expended. Any transfer
pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $7,021,136,000, to
remain available until September 30, 2024, of which not to exceed
$640,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
H. R. 2617—92
Science Foundation supported research facilities may be credited
to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facili-
ties, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including author-
ized travel, $187,230,000, to remain available until expended.
STEM EDUCATION
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $1,154,000,000,
to remain available until September 30, 2024.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allow-
ances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $448,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2023 for maintenance and oper-
ation of facilities and for other services to be provided during
the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $23,393,000, of
which $400,000 shall remain available until September 30, 2024.
H. R. 2617—93
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of Represent-
atives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
There is hereby established in the Treasury of the United
States a fund to be known as the ‘‘National Science Foundation
Nonrecurring Expenses Fund’’ (the Fund). Unobligated balances
of expired discretionary funds appropriated for this or any suc-
ceeding fiscal year from the General Fund of the Treasury to
the National Science Foundation by this or any other Act may
be transferred (not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund. Amounts deposited
in the Fund shall be available until expended, and in addition
to such other funds as may be available for such purposes, for
information and business technology system modernization and
facilities infrastructure improvements, including nonrecurring
maintenance, necessary for the operation of the Foundation or
its funded research facilities, subject to approval by the Office
of Management and Budget. Amounts in the Fund may be obligated
only after the Committees on Appropriations of the House of Rep-
resentatives and the Senate are notified at least 15 days in advance
of the planned use of funds.
This title may be cited as the ‘‘Science Appropriations Act,
2023’’.
TITLE IV
RELATED AGENCIES
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $14,350,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
H. R. 2617—94
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $2,000,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $455,000,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or reorga-
nization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming require-
ments of section 505 of this Act: Provided further, That the Chair
may accept and use any gift or donation to carry out the work
of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as author-
ized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$122,400,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$560,000,000, of which $516,100,000 is for basic field programs
and required independent audits; $5,700,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $26,200,000
H. R. 2617—95
is for management and grants oversight; $5,000,000 is for client
self-help and information technology; $5,000,000 is for a Pro Bono
Innovation Fund; and $2,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2022 and 2023,
respectively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $4,500,000.
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $61,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, not to exceed $124,000
shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For activities of the United States Trade Representative author-
ized by section 611 of the Trade Facilitation and Trade Enforcement
Act of 2015 (19 U.S.C. 4405), including transfers, $15,000,000,
to be derived from the Trade Enforcement Trust Fund: Provided,
That any transfer pursuant to subsection (d)(1) of such section
shall be treated as a reprogramming under section 505 of this
Act.
H. R. 2617—96
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2024: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Pro-
vided further, That, for the purposes of section 505 of this Act,
the State Justice Institute shall be considered an agency of the
United States Government.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project, or activity; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorga-
nizes or renames offices, programs, or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or
activity, or numbers of personnel by 10 percent; or (8) results
from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
H. R. 2617—97
projects, or activities as approved by Congress; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
SEC. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropria-
tions of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, com-
mitted balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Com-
merce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
H. R. 2617—98
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $1,900,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwith-
standing section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associ-
ated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Sec-
retary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
H. R. 2617—99
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information pro-
vided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Fed-
eral entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China, the
Islamic Republic of Iran, the Democratic People’s Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-
impact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI,
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agree-
ment the text of—
(1) paragraph 2 of article 16.7 of the United States–Singa-
pore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Aus-
tralia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
H. R. 2617—100
SEC. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contraven-
tion of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Pri-
vacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
SEC. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appro-
priations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment
of the Intelligence Authorization Act for fiscal year 2023.
SEC. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
SEC. 521. (a) Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 111(a) of division B of Public
Law 116–93, $50,000,000 are hereby permanently rescinded not
later than September 30, 2023.
H. R. 2617—101
(b) Of the unobligated balances from prior year appropriations
available to the Department of Commerce under the heading ‘‘Eco-
nomic Development Administration, Economic Development Assist-
ance Programs’’, $10,000,000 are hereby permanently rescinded,
not later than September 30, 2023.
(c) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are
hereby permanently rescinded, not later than September 30, 2023,
from the following accounts in the specified amounts—
(1) ‘‘State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Preven-
tion and Prosecution Programs’’, $15,000,000;
(2) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $75,000,000; and
(3) ‘‘State and Local Law Enforcement Activities, Commu-
nity Oriented Policing Services’’, $15,000,000.
(d) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2023, from the following accounts
in the specified amounts—
(1) ‘‘Working Capital Fund’’, $705,768,000; and
(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $500,000,000.
(e) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representa-
tives and the Senate a report no later than September 1, 2023,
specifying the amount of each rescission made pursuant to sub-
sections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d)
shall not be from amounts that were designated by the Congress
as an emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and
(d) shall not be from—
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ‘‘State and Local Law Enforcement Activi-
ties—Office of Justice Programs—State and Local Law Enforce-
ment Assistance’’ in title II of division B of Public Law 117–
103; or
(2) amounts provided under paragraph (7) under the
heading ‘‘State and Local Law Enforcement Activities—Commu-
nity Oriented Policing Services—Community Oriented Policing
Services Programs’’ in title II of division B of Public Law
117–103.
SEC. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in con-
travention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are sta-
tioned in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or oper-
ational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforce-
ment personnel stationed outside the United States; or
H. R. 2617—102
(2) such conference is a scientific conference and the depart-
ment or agency head determines that such attendance is in
the national interest and notifies the Committees on Appropria-
tions of the House of Representatives and the Senate within
at least 15 days of that determination and the basis for that
determination.
SEC. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumen-
tality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSC) to develop, design, plan, promul-
gate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilat-
erally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA, OSTP, or NSC, after consulta-
tion with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be sub-
mitted to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, and the Federal Bureau of Investiga-
tion, no later than 30 days prior to the activity in question and
H. R. 2617—103
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
SEC. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim assist-
ance-related activity.
SEC. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, the National Space Council,
and the State Justice Institute shall submit spending plans, signed
by the respective department or agency head, to the Committees
on Appropriations of the House of Representatives and the Senate
not later than 45 days after the date of enactment of this Act.
SEC. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory perform-
ance or for performance that does not meet the basic requirements
of a contract.
SEC. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Adminis-
tration.
SEC. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachu-
setts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
vania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wis-
consin, and Wyoming, or with respect to the District of Columbia,
the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, or Puerto Rico, to prevent any of
them from implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical marijuana.
SEC. 532. The Department of Commerce, the National Aero-
nautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
H. R. 2617—104
for Public Works grants authorized by the Public Works and Eco-
nomic Development Act of 1965 and grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722) shall be allocated for assistance in persistent
poverty counties: Provided, That for purposes of this section, the
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
SEC. 534. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, acces-
sories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Traf-
ficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumer-
ated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the arti-
cles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in inter-
national terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
H. R. 2617—105
SEC. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 536. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the pro-
posed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adapt-
able to sporting purposes.
SEC. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 539. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guanta-
namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 540. (a) The remaining unobligated balances of funds
as of September 30, 2023, from amounts made available to ‘‘Office
of the United States Trade Representative—Salaries and Expenses’’
in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
H. R. 2617—106
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appro-
priated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authori-
ties for which the funds were originally provided in Public Law
116–113, except that all references to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(b) The remaining unobligated balances of funds as of Sep-
tember 30, 2023, from amounts made available to ‘‘Office of the
United States Trade Representative—Trade Enforcement Trust
Fund’’ in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appro-
priated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authori-
ties for which the funds were originally provided in Public Law
116–113, except that the reference to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Con-
gress as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022, and section 1(e) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
(d) Each amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concur-
rent resolution on the budget for fiscal year 2022, and section
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House
of Representatives on June 8, 2022.
SEC. 541. Funds made available to the Department of Com-
merce and under the heading ‘‘Department of Justice—Federal
Bureau of Investigation—Salaries and Expenses’’ in this Act and
any remaining unobligated balances of funds made available to
the Department of Commerce and under the heading ‘‘Department
of Justice—Federal Bureau of Investigation—Salaries and
Expenses’’ in prior year Acts, other than amounts designated by
the Congress as being for an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, shall be available
to provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act, 2020
(22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant
to the matter preceding this proviso may not exceed $5,000,000
for the Department of Commerce and $5,000,000 for the Federal
Bureau of Investigation.
SEC. 542. (a) None of the funds in this Act may be used
for design or construction of the Mobile Launcher 2 until 30 days
after the Administrator of the National Aeronautics and Space
H. R. 2617—107
Administration (the ‘‘Administrator’’) submits a plan to the Commit-
tees on Appropriations of the House of Representatives and the
Senate (the ‘‘Committees’’), the Government Accountability Office,
and the Office of Inspector General of the National Aeronautics
and Space Administration detailing a cost and schedule baseline
for the Mobile Launcher 2. Such plan shall include each of the
requirements described in subsection (c)(2) of section 30104 of title
51, United States Code, as well as an estimated date for completion
of design and construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of the
National Aeronautics and Space Administration on steps taken
to implement such plan.
SEC. 543. (a)(1) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund for fiscal year 2023 pursuant to paragraphs
(1) and (2) of section 102(a) of the CHIPS Act of 2022 (division
A of Public Law 117–167), including the transfer authority in such
paragraphs of that section of that Act, to the accounts specified,
in the amounts specified, and for the projects and activities speci-
fied, in the table titled ‘‘Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS
Act Fiscal Year 2023’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(2) Within 45 days of enactment of this Act, the Secretary
of Commerce shall allocate amounts made available from the Public
Wireless Supply Chain Innovation Fund for fiscal year 2023 pursu-
ant to section 106 of the CHIPS Act of 2022 (division A of Public
Law 117–167), including the transfer authority in section 106(b)(2)
of that Act, to the accounts specified, in the amounts specified,
and for the projects and activities specified, in the table titled
‘‘Department of Commerce Allocation of National Telecommuni-
cations and Information Administration Funds: CHIPS Act Fiscal
Year 2023’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of
the National Science Foundation shall allocate amounts made avail-
able from the Creating Helpful Incentives to Produce Semiconduc-
tors (CHIPS) for America Workforce and Education Fund for fiscal
year 2023 pursuant to section 102(d)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified
in the table titled ‘‘National Science Foundation Allocation of Funds:
CHIPS Act Fiscal Year 2023’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2)
of such Act if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Departments of
Commerce and Justice, Science, and Related Agencies: Provided,
That in any fiscal year, the matter preceding this proviso shall
H. R. 2617—108
not apply to the allocation, apportionment, or allotment of amounts
for continuing administration of programs allocated funds from
the CHIPS for America Fund, which may be allocated only in
amounts that are no more than the allocation for such purposes
in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notifica-
tion procedures of, the Committees on Appropriations of the House
of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act—
(1) the Secretary of Commerce may reallocate funds allo-
cated to Industrial Technology Services for section 9906 of
Public Law 116–283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(3) of this section.
(d) Concurrent with the annual budget submission of the Presi-
dent for fiscal year 2024, the Secretary of Commerce and the
Director of the National Science Foundation, as appropriate, shall
each submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by account
and by program, project, or activity, with detailed justifications,
for amounts made available under section 102(a)(2) and section
102(d)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Fund for amounts allocated
pursuant to subsection (a)(1) of this section, the status of balances
of projects and activities funded by the Public Wireless Supply
Chain Innovation Fund for amounts allocated pursuant to sub-
section (a)(2) of this section, and the status of balances of projects
and activities funded by the CHIPS for America Workforce and
Education Fund for amounts allocated pursuant to subsection (a)(3)
of this section, including all uncommitted, committed, and unobli-
gated funds.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2023’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2023
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $49,628,305,000.
H. R. 2617—109
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $36,706,395,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $15,050,088,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $35,427,788,000.
MILITARY PERSONNEL, SPACE FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Space Force on active duty and cadets;
for members of the Reserve Officers’ Training Corps; and for pay-
ments pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $1,109,400,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 7038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
H. R. 2617—110
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $5,212,834,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,400,831,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $826,712,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$2,457,519,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
H. R. 2617—111
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $9,232,554,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Army, and
payments may be made upon the Secretary’s certificate of necessity
for confidential military purposes.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $68,260,046,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of the Navy, and payments may be made upon the Sec-
retary’s certificate of necessity for confidential military purposes.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $9,891,998,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$60,279,937,000: Provided, That not to exceed $7,699,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Air Force,
and payments may be made upon the Secretary’s certificate of
necessity for confidential military purposes.
H. R. 2617—112
OPERATION AND MAINTENANCE, SPACE FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $4,086,883,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $49,574,779,000: Provided, That not more than
$2,981,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of Defense, and
payments may be made upon the Secretary’s certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $55,000,000 shall
be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than $5,000,000
shall be available for centers defined in 10 U.S.C. 2411(1)(D): Pro-
vided further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of
the Office of the Secretary of Defense, the office of the Secretary
of a military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $49,071,000 to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary
of Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with
and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That of the
funds provided under this heading, $2,467,009,000, of which
$1,510,260,000, to remain available until September 30, 2024, shall
be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this paragraph:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
COUNTER-ISIS TRAIN AND EQUIP FUND
For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $475,000,000, to remain available until September
H. R. 2617—113
30, 2024: Provided, That such funds shall be available to the Sec-
retary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renova-
tion; construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular forces, groups,
or individuals participating, or preparing to participate in activities
to counter the Islamic State of Iraq and Syria, and their affiliated
or associated groups: Provided further, That amounts made avail-
able under this heading shall be available to provide assistance
only for activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as having
a security mission to counter the Islamic State of Iraq and Syria,
and following written notification to the congressional defense
committees of such designation: Provided further, That the Sec-
retary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individ-
uals are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or groups asso-
ciated with the Government of Iran; and receiving commitments
from such elements to promote respect for human rights and the
rule of law: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That the
Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Govern-
ment of Iraq and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of funds
for the purposes provided herein from any foreign government
or other entity may be credited to this Fund, to remain available
until expended, and used for such purposes: Provided further, That
the Secretary of Defense shall prioritize such contributions when
providing any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a provi-
sion of law relating to the acquisition of items and support services
or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Commit-
tees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States may
accept equipment procured using funds provided under this heading,
or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
that was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated
as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That
equipment procured using funds provided under this heading, or
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
and not yet transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria may be treated as stocks
H. R. 2617—114
of the Department of Defense when determined by the Secretary
to no longer be required for transfer to such forces or groups
and upon written notification to the congressional defense commit-
tees: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the
use of funds provided under this heading, including, but not limited
to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual,
the area of operations for each group, and the contributions of
other countries, groups, or individuals.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,206,434,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,278,050,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $347,633,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $3,700,800,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
H. R. 2617—115
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,299,187,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard per-
sonnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $7,382,079,000.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $16,003,000, of which not
to exceed $10,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $324,500,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $400,113,000, to remain avail-
able until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
H. R. 2617—116
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $573,810,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $10,979,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
H. R. 2617—117
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $317,580,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $170,000,000, to remain
available until September 30, 2024: Provided, That such amounts
shall not be subject to the limitation in section 407(c)(3) of title
10, United States Code.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$351,598,000, to remain available until September 30, 2025.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT
For the Department of Defense Acquisition Workforce Develop-
ment Account, $111,791,000: Provided, That no other amounts may
be otherwise credited or transferred to the Account, or deposited
into the Account, in fiscal year 2023 pursuant to section 1705(d)
of title 10, United States Code.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
H. R. 2617—118
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,847,834,000, to
remain available for obligation until September 30, 2025.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,848,853,000, to
remain available for obligation until September 30, 2025.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,505,157,000, to
remain available for obligation until September 30, 2025.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,770,120,000, to
remain available for obligation until September 30, 2025.
H. R. 2617—119
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,668,148,000, to
remain available for obligation until September 30, 2025.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$19,031,864,000, to remain available for obligation until September
30, 2025.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,823,113,000, to remain available for obligation until September
30, 2025.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
H. R. 2617—120
expenses necessary for the foregoing purposes, $920,884,000, to
remain available for obligation until September 30, 2025.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expan-
sion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN–80), $1,465,880,000;
Carrier Replacement Program (CVN–81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG–1000 Program, $72,976,000;
DDG–51 Destroyer, $6,946,537,000;
DDG–51 Destroyer (AP), $695,652,000;
FFG–Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first destina-
tion transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs,
$1,312,646,000.
In all: $31,955,124,000, to remain available for obligation until
September 30, 2027: Provided, That additional obligations may
be incurred after September 30, 2027, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards:
Provided further, That funds appropriated or otherwise made avail-
able by this Act for Columbia Class Submarine (AP) may be avail-
able for the purposes authorized by subsections (f), (g), (h) or (i)
of section 2218a of title 10, United States Code, only in accordance
with the provisions of the applicable subsection.
H. R. 2617—121
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$12,138,590,000, to remain available for obligation until September
30, 2025: Provided, That such funds are also available for the
maintenance, repair, and modernization of ships under a pilot pro-
gram established for such purposes.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$3,669,510,000, to remain available for obligation until September
30, 2025.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $22,196,175,000,
to remain available for obligation until September 30, 2025.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
H. R. 2617—122
and contractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and transportation
of things, $2,999,346,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $857,722,000, to
remain available for obligation until September 30, 2025.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $28,034,122,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT, SPACE FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and transportation
of things, $4,462,188,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
H. R. 2617—123
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $6,139,674,000, to remain available for
obligation until September 30, 2025.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $372,906,000, to
remain available for obligation until September 30, 2027, which
shall be obligated and expended by the Secretary of Defense as
if delegated the necessary authorities conferred by the Defense
Production Act of 1950.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $1,000,000,000, to
remain available for obligation until September 30, 2025: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,150,141,000, to remain available for obligation until September
30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,017,309,000, to remain available for obligation until September
30, 2024: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
H. R. 2617—124
rehabilitation, lease, and operation of facilities and equipment,
$44,946,927,000, to remain available for obligation until September
30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,631,377,000, to remain available until September 30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$34,565,478,000, to remain available for obligation until September
30, 2024.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $449,294,000, to remain available for obliga-
tion until September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $39,225,101,000; of which $35,613,417,000 shall be for oper-
ation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2024, and of
which up to $18,577,877,000 may be available for contracts entered
into under the TRICARE program; of which $570,074,000, to remain
available for obligation until September 30, 2025, shall be for
procurement; and of which $3,041,610,000, to remain available for
obligation until September 30, 2024, shall be for research, develop-
ment, test and evaluation: Provided, That, notwithstanding any
H. R. 2617—125
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $12,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities con-
ducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,561,000,000 shall be made available
to the Defense Health Agency to carry out the congressionally
directed medical research programs: Provided further, That the
Secretary of Defense shall submit to the congressional defense
committees quarterly reports on the current status of the deploy-
ment of the electronic health record: Provided further, That the
Secretary of Defense shall provide notice to the congressional
defense committees not later than 10 business days after delaying
the proposed timeline of such deployment if such delay is longer
than 1 week: Provided further, That the Comptroller General of
the United States shall perform quarterly performance reviews
of such deployment.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,059,818,000,
of which $84,612,000 shall be for operation and maintenance, of
which no less than $53,186,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, consisting of $22,778,000 for
activities on military installations and $30,408,000, to remain avail-
able until September 30, 2024, to assist State and local govern-
ments; and $975,206,000, to remain available until September 30,
2024, shall be for research, development, test and evaluation, of
which $971,742,000 shall only be for the Assembled Chemical
Weapons Alternatives program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $970,764,000, of
which $614,510,000 shall be for counter-narcotics support;
$130,060,000 shall be for the drug demand reduction program;
$200,316,000 shall be for the National Guard counter-drug program;
and $25,878,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
H. R. 2617—126
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided further,
That funds appropriated under this heading may be used to support
a new start program or project only after written prior notification
to the Committees on Appropriations of the House of Representa-
tives and the Senate.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $485,359,000, of which $481,971,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General’s certificate
of necessity for confidential military purposes; of which $1,524,000,
to remain available for obligation until September 30, 2025, shall
be for procurement; and of which $1,864,000, to remain available
until September 30, 2024, shall be for research, development, test
and evaluation.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only
for members of the Reserve Components of the Armed Forces of
the United States called or ordered to active duty in connection
with providing such support), $10,377,000, to remain available until
expended.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Manage-
ment Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
H. R. 2617—127
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer not to exceed $6,000,000,000 of working capital funds of
the Department of Defense or funds made available in this Act
to the Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivi-
sion thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or
fund to which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on unfore-
seen military requirements, than those for which originally appro-
priated and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations of the House of Representatives and the Senate
for reprogramming of funds, unless for higher priority items, based
on unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogram-
ming is requested has been denied by the Congress: Provided fur-
ther, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June
30, 2023: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred
under this section.
H. R. 2617—128
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and
the tables contained in the classified annex accompanying this
Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit
a report to the congressional defense committees to establish the
baseline for application of reprogramming and transfer authorities
for fiscal year 2023: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to trans-
fers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-Wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.
(TRANSFER OF FUNDS)
SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
H. R. 2617—129
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer: Provided further,
That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
SEC. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Pro-
vided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Pro-
vided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
H. R. 2617—130
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts for up to 15 DDG–51 Arleigh Burke Class
Guided Missile Destroyers.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code: Provided, That such funds may also
be obligated for humanitarian and civic assistance costs incidental
to authorized operations and pursuant to authority granted in sec-
tion 401 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided further, That funds available for operation
and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as author-
ized by Public Law 99–239: Provided further, That upon a deter-
mination by the Secretary of the Army that such action is beneficial
for graduate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the
Northern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
SEC. 8012. (a) During the current fiscal year, the civilian per-
sonnel of the Department of Defense may not be managed on
the basis of any constraint or limitation in terms of man years,
end strength, full-time equivalent positions, or maximum number
of employees, but are to be managed solely on the basis of, and
in a manner consistent with—
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used
to reduce the civilian workforce programmed full time equivalent
levels absent the appropriate analysis of the impact of these reduc-
tions on workload, military force structure, lethality, readiness,
operational effectiveness, stress on the military force, and fully
burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes
of subsection (a) and reducing funding for under-execution of such
a projection shall not be considered managing based on a constraint
or limitation for purposes of such subsection.
(d) The fiscal year 2024 budget request for the Department
of Defense, and any justification material and other documentation
supporting such a request, shall be prepared and submitted to
Congress as if subsections (a) and (b) were effective with respect
to such fiscal year.
(e) Nothing in this section shall be construed to apply to mili-
tary (civilian) technicians.
H. R. 2617—131
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for nec-
essary or routine refurbishments, upgrades, or maintenance activi-
ties, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
(TRANSFER OF FUNDS)
SEC. 8015. (a) Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protégé Program may be
transferred to any other appropriation contained in this Act solely
for the purpose of implementing a Mentor-Protégé Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year
2024 (as submitted to Congress pursuant to section 1105 of title
31, United States Code) a description of each transfer under this
section that occurred during the last fiscal year before the fiscal
year in which such budget is submitted.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain unless
the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in
the United States: Provided, That for the purpose of this section,
the term ‘‘manufactured’’ shall include cutting, heat treating,
quality control, testing of chain and welding (including the forging
and shot blasting process): Provided further, That for the purpose
of this section substantially all of the components of anchor and
mooring chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the components pro-
duced or manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside the
United States: Provided further, That when adequate domestic sup-
plies are not available to meet Department of Defense requirements
on a timely basis, the Secretary of the Service responsible for
the procurement may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that such an acquisi-
tion must be made in order to acquire capability for national secu-
rity purposes.
SEC. 8017. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
H. R. 2617—132
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammuni-
tion or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8020. In addition to the funds provided elsewhere in
this Act, $25,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the pur-
poses of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 1906
of title 41, United States Code, this section shall be applicable
to any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisi-
tion of commercial items produced or manufactured, in whole or
in part, by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
H. R. 2617—133
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
5131).
SEC. 8022. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $20,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 8024. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $115,000,000 shall be available to maintain competi-
tive rates at the arsenals.
SEC. 8025. (a) Of the funds made available in this Act, not
less than $64,800,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $51,300,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,600,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and
(3) $1,900,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
H. R. 2617—134
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through
a fee or other payment mechanism, for construction of new buildings
not located on a military installation, for payment of cost sharing
for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2023, not more
than $2,788,107,000 may be funded for professional technical staff-
related costs of the defense FFRDCs: Provided, That within such
funds, not more than $446,097,000 shall be available for the defense
studies and analysis FFRDCs: Provided further, That this sub-
section shall not apply to staff years funded in the National Intel-
ligence Program and the Military Intelligence Program: Provided
further, That the Secretary of Defense shall, with the submission
of the department’s fiscal year 2024 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC by program during that
fiscal year and the associated budget estimates, by appropriation
account and program.
(e) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $129,893,000: Provided, That this subsection shall not apply
to appropriations for the National Intelligence Program and Military
Intelligence Program.
SEC. 8027. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
H. R. 2617—135
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8030. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 4658 of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8031. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
H. R. 2617—136
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2023. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8033. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial products’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8034. In addition to any other funds made available for
such purposes, there is appropriated $93,500,000, for an additional
amount for the ‘‘National Defense Stockpile Transaction Fund’’,
to remain available until September 30, 2025, for activities pursuant
to the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98 et seq.): Provided, That none of the funds provided under this
section may be obligated or expended until 90 days after the Sec-
retary of Defense provides the Committees on Appropriations of
the House of Representatives and the Senate a detailed execution
plan for such funds.
SEC. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8036. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
4851 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
H. R. 2617—137
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8037. None of the funds made available in this Act, or
any subsequent Act making appropriations for the Department
of Defense, may be used for the purchase or manufacture of a
flag of the United States unless such flags are treated as covered
items under section 4862(b) of title 10, United States Code.
SEC. 8038. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
SEC. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $350,000: Provided, That upon
determination by the Secretary of Defense that such action is nec-
essary to meet the operational requirements of a Commander of
a Combatant Command engaged in a named contingency operation
overseas, such funds may be used to purchase items having an
investment item unit cost of not more than $500,000.
SEC. 8040. Up to $13,720,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the United States Indo-Pacific Command to
execute Theater Security Cooperation activities such as humani-
tarian assistance, and payment of incremental and personnel costs
of training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided further,
That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
SEC. 8041. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
H. R. 2617—138
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2024 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2024 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted for in a proposed fiscal year 2024 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2024: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2024: Provided further, That any funds appropriated
or transferred to the Central Intelligence Agency for the construc-
tion, improvement, or alteration of facilities, including leased facili-
ties, to be used primarily by personnel of the intelligence commu-
nity, shall remain available until September 30, 2025.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8044. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’, $47,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8045. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
H. R. 2617—139
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mor-
tuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8046. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
H. R. 2617—140
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activi-
ties.
(RESCISSIONS)
SEC. 8047. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985:
‘‘Aircraft Procurement, Army’’, 2021/2023, $7,300,000;
‘‘Other Procurement, Army’’, 2021/2023, $3,177,000;
‘‘Aircraft Procurement, Air Force’’, 2021/2023,
$115,804,000;
‘‘Operation and Maintenance, Defense-Wide’’, 2022/2023,
$105,000,000;
‘‘Counter-ISIS Train and Equip Fund’’, 2022/2023,
$65,000,000;
‘‘Aircraft Procurement, Army’’, 2022/2024, $9,437,000;
‘‘Other Procurement, Army’’, 2022/2024, $71,544,000;
‘‘Shipbuilding and Conversion, Navy: CVN Refueling Over-
hauls’’, 2022/2026, $191,000,000;
‘‘Shipbuilding and Conversion, Navy: Service Craft’’, 2022/
2026, $6,092,000;
‘‘Aircraft Procurement, Air Force’’, 2022/2024,
$205,568,000;
‘‘Other Procurement, Air Force’’, 2022/2024, $9,100,000;
‘‘Procurement, Space Force’’, 2022/2024, $7,000,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2022/2023, $26,700,000;
H. R. 2617—141
‘‘Research, Development, Test and Evaluation, Air Force’’,
2022/2023, $117,727,000;
‘‘Research, Development, Test and Evaluation, Space
Force’’, 2022/2023, $113,400,000; and
‘‘Defense Counterintelligence and Security Agency Working
Capital Fund’’, XXXX/XXXX, $30,000,000.
SEC. 8048. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians
(dual status) of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reduc-
tions are a direct result of a reduction in military force structure.
SEC. 8049. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains
of United States Armed Forces personnel from the Democratic
People’s Republic of Korea.
SEC. 8050. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8051. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
SEC. 8052. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appro-
priated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
SEC. 8053. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget. The Secretary of each
military department, the Director of each Defense Agency, and
the head of each other relevant component of the Department
H. R. 2617—142
of Defense shall submit to the congressional defense committees,
concurrent with submission of the budget justification documents
to Congress pursuant to section 1105 of title 31, United States
Code, a report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component during
the most recently completed fiscal year.
SEC. 8054. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account:
H. R. 2617—143
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during
each of the fiscal years 2016 through 2023 in which the authority
in this section was exercised.
SEC. 8057. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8058. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or expended
to retire, prepare to retire, or place in storage or on backup aircraft
inventory status any C–40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C–40 aircraft that the Secretary of the Air Force deter-
mines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit
to the congressional defense committees a certification in writing
that the status of such aircraft is due to a Class A mishap and
not due to lack of maintenance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the necessary steps taken
by the Department of Defense to meet the travel requirements
for official or representational duties of members of Congress and
the Cabinet in fiscal years 2023 and 2024.
SEC. 8059. (a) None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to military
forces for operational training, operational use, or inventory require-
ments: Provided, That this restriction does not apply to end-items
used in development, prototyping in accordance with an approved
test strategy, and test activities preceding and leading to acceptance
for operational use.
(b) If the number of end-items budgeted with funds appro-
priated in title IV of this Act exceeds the number required in
an approved test strategy, the Under Secretary of Defense (Research
and Engineering) and the Under Secretary of Defense (Acquisition
and Sustainment), in coordination with the responsible Service
Acquisition Executive, shall certify in writing to the congressional
defense committees that there is a bonafide need for the additional
end-items at the time of submittal to Congress of the budget of
the President for fiscal year 2024 pursuant to section 1105 of
title 31, United States Code: Provided, That this restriction does
not apply to programs funded within the National Intelligence
Program.
(c) The Secretary of Defense shall, at the time of the submittal
to Congress of the budget of the President for fiscal year 2024
H. R. 2617—144
pursuant to section 1105 of title 31, United States Code, submit
to the congressional defense committees a report detailing the use
of funds requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and test
activities preceding and leading to acceptance for operational use:
Provided, That the report shall set forth, for each end item covered
by the preceding proviso, a detailed list of the statutory authorities
under which amounts in the accounts described in that proviso
were used for such item: Provided further, That the Secretary
of Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2024 pursuant to section
1105 of title 31, United States Code, submit to the congressional
defense committees a certification that funds requested for fiscal
year 2024 in research, development, test and evaluation accounts
are in compliance with this section: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start defense
innovation acceleration or rapid prototyping program demonstration
project with a value of more than $5,000,000 may only be obligated
15 days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8062. The Secretary of Defense shall continue to provide
a classified quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate, Subcommittees
on Defense on certain matters as directed in the classified annex
accompanying this Act.
SEC. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
H. R. 2617—145
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or their designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or their designee, on a case-by-
case basis.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8066. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $158,967,374
shall remain available until expended: Provided, That, notwith-
standing any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the Federal
Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition
of real property, construction, personal services, and operations
related to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this
section may provide for such indemnification as the Secretary deter-
mines to be necessary: Provided further, That projects authorized
by this section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level, provided
such change is otherwise in accordance with paragraphs (1)–(3)
of subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
H. R. 2617—146
processes. Such study shall include a comprehensive counterintel-
ligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Sec-
retary of Defense shall—
(1) provide the proposed alternatives to all affected agen-
cies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counter-
intelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alter-
natives and certifications to the congressional defense and intel-
ligence committees.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8068. In addition to amounts made available elsewhere
in this Act, $200,000,000 is hereby appropriated to the Department
of Defense and made available for transfer to operation and mainte-
nance accounts, procurement accounts, and research, development,
test and evaluation accounts only for those efforts by the United
States Africa Command or United States Southern Command to
expand cooperation or improve the capabilities of our allies and
partners in their areas of operation: Provided, That none of the
funds provided under this section may be obligated or expended
until 60 days after the Secretary of Defense provides to the congres-
sional defense committees an execution plan: Provided further, That
not less than 30 days prior to any transfer of funds, the Secretary
of Defense shall notify the congressional defense committees of
the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation
to which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8070. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis
Center for Public Service Training and Development Act (2 U.S.C.
1105).
H. R. 2617—147
SEC. 8071. None of the funds available to the Department
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command operational and administra-
tive control of United States Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the Committees on Appropria-
tions of the House of Representatives and the Senate: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received from
either the House or Senate Appropriations Committees: Provided
further, That any proposed modification shall not preclude the
ability of the commander of United States Indo-Pacific Command
to meet operational requirements.
SEC. 8072. Any notice that is required to be submitted to
the Committees on Appropriations of the House of Representatives
and the Senate under section 3601 of title 10, United States Code,
as added by section 804(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, after the date of the enact-
ment of this Act shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the Committees
on Appropriations of the House of Representatives and the Senate.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8073. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $500,000,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$80,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$127,000,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program; $40,000,000 shall be for
co-production activities of SRBMD systems in the United States
and in Israel to meet Israel’s defense requirements consistent with
each nation’s laws, regulations, and procedures, subject to the U.S.-
Israeli co-production agreement for SRBMD, as amended;
$80,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $80,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, subject to
the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier,
as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to
any other transfer authority contained in this Act.
SEC. 8074. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $1,312,646,000
shall be available until September 30, 2023, to fund prior year
shipbuilding cost increases for the following programs:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2013/2023: Carrier Replacement Program, $461,700,000;
H. R. 2617—148
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2023: Virginia Class Submarine Program,
$46,060,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2023: DDG–51 Destroyer, $30,231,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2023: Littoral Combat Ship, $4,250,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: DDG–51 Destroyer, $24,238,000;
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: Virginia Class Submarine Program,
$58,642,000;
(7) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: TAO Fleet Oiler, $9,200,000;
(8) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: Littoral Combat Ship, $18,000,000;
(9) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: CVN Refueling Overhauls, $62,000,000;
(10) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2023: Towing, Salvage, and Rescue Ship Program,
$1,750,000;
(11) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2017/2023: DDG–51 Destroyer, $168,178,000;
(12) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2017/2023: LPD–17, $17,739,000;
(13) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2017/2023: LHA Replacement Program, $19,300,000;
(14) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2017/2023: Littoral Combat Ship, $29,030,000;
(15) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2023: DDG–51 Destroyer, $5,930,000;
(16) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2023: Littoral Combat Ship, $9,538,000;
(17) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2023: TAO Fleet Oiler, $12,500,000;
(18) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2023: Towing, Salvage, and Rescue Ship Program,
$2,800,000;
(19) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2019/2023: Littoral Combat Ship, $6,983,000;
(20) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2019/2023: TAO Fleet Oiler, $106,400,000;
(21) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2019/2023: Towing, Salvage, and Rescue Ship Program,
$2,450,000;
(22) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2021/2023: Virginia Class Submarine Program,
$200,000,000; and
(23) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2021/2023: Towing, Salvage, and Rescue Ship Program,
$15,727,000.
SEC. 8075. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the Intel-
ligence Authorization Act for Fiscal Year 2023 are deemed to be
specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 3094).
H. R. 2617—149
SEC. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken imme-
diately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8077. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hos-
pitalization of an eligible military beneficiary.
SEC. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8079. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth, the USS Wichita, the USS Billings, the USS
Indianapolis, or the USS St. Louis.
SEC. 8080. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8082. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2024, and except for
funds appropriated for the purchase of real property, which shall
remain available until September 30, 2025.
SEC. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
H. R. 2617—150
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8085. (a) Not later than 60 days after the date of enact-
ment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authori-
ties for fiscal year 2023: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement.
SEC. 8086. Any transfer of amounts appropriated to the Depart-
ment of Defense Acquisition Workforce Development Account in
or for fiscal year 2023 to a military department or Defense Agency
pursuant to section 1705(e)(1) of title 10, United States Code, shall
be covered by and subject to section 8005 of this Act.
SEC. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security require-
ments.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accom-
panying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
H. R. 2617—151
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal con-
tract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false impris-
onment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, inten-
tional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or inde-
pendent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or sub-
contract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any deter-
mination under this subsection not less than 15 business days
H. R. 2617—152
before the contract or subcontract addressed in the determination
may be awarded.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8090. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $168,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Med-
ical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8091. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8092. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8093. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intel-
ligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2023.
SEC. 8094. Of the amounts appropriated in this Act for ‘‘Ship-
building and Conversion, Navy’’, $133,000,000, to remain available
for obligation until September 30, 2027, may be used for the pur-
chase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses
H. R. 2617—153
related to the National Defense Reserve Fleet: Provided further,
That notwithstanding section 2218 of title 10, United States Code,
none of these funds shall be transferred to the National Defense
Sealift Fund for execution.
SEC. 8095. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
SEC. 8096. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
SEC. 8097. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8098. Of the amounts appropriated in this Act for ‘‘Oper-
ation and Maintenance, Navy’’, $589,325,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve Fleet.
SEC. 8099. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8100. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); ship-
board cranes; spreaders for shipboard cranes; and anchor chains,
specifically for the seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that provides
for the acquisition of the following components unless those compo-
nents are manufactured in the United States: Air circuit breakers;
H. R. 2617—154
gyrocompasses; electronic navigation chart systems; steering con-
trols; pumps; propulsion and machinery control systems; totally
enclosed lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers: Provided,
That the Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
SEC. 8101. None of the funds provided in this Act for require-
ments development, performance specification development, concept
design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations
research analysis, industry studies, preliminary design, develop-
ment of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T–ARC(X) Cable
Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveil-
lance Ship may be used to award a new contract for such activities
unless these contracts include specifications that all auxiliary equip-
ment, including pumps and propulsion shafts, are manufactured
in the United States.
SEC. 8102. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund estab-
lished under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
SEC. 8103. From funds made available in title II of this Act,
the Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger motor
vehicles up to a limit of $75,000 per vehicle; and (2) heavy and
light armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the pur-
chase of passenger carrying vehicles.
SEC. 8104. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities, or for any activity necessary for the
national defense, including intelligence activities.
SEC. 8105. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended
by the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appro-
priate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine
the readiness of such units, platforms, or equipment.
H. R. 2617—155
SEC. 8106. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for col-
lecting such tax liability, provided that the applicable Federal
agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the corporation
described in such subsection and has made a determination that
such suspension or debarment is not necessary to protect the
interests of the Federal Government.
SEC. 8107. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the ‘‘Explanation of
Project Level Adjustments’’ tables in the explanatory statement
regarding this Act, may be used for expenses for the agile research,
development, test and evaluation, procurement, production, modi-
fication, and operation and maintenance, only for the following
Software and Digital Technology Pilot programs—
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE
0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System (PE 0303150K);
and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department
of Defense Appropriations Acts may be obligated or expended to
initiate additional Software and Digital Technology Pilot Programs
in fiscal year 2023.
SEC. 8108. In addition to amounts provided elsewhere in this
Act, there is appropriated $686,500,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain avail-
able until expended: Provided, That such funds shall only be avail-
able to the Secretary of Defense, acting through the Office of Local
Defense Community Cooperation of the Department of Defense,
or for transfer to the Secretary of Education, notwithstanding any
other provision of law, to make grants, conclude cooperative agree-
ments, or supplement other Federal funds to construct, renovate,
repair, or expand elementary and secondary public schools on mili-
tary installations in order to address capacity or facility condition
deficiencies at such schools: Provided further, That in making such
funds available, the Office of Local Defense Community Cooperation
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the Sec-
retary of Defense: Provided further, That as a condition of receiving
funds under this section a local educational agency or State shall
provide a matching share as described in the notice titled ‘‘Depart-
ment of Defense Program for Construction, Renovation, Repair or
H. R. 2617—156
Expansion of Public Schools Located on Military Installations’’ pub-
lished by the Department of Defense in the Federal Register on
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further,
That these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct, renovate,
repair, or expand elementary and secondary public schools on mili-
tary installations in order to address capacity or facility condition
deficiencies at such schools to the extent such funds remain unobli-
gated on the date of enactment of this section.
SEC. 8109. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 8110. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $300,000,000, to remain
available until September 30, 2024, shall be for the Ukraine Secu-
rity Assistance Initiative: Provided, That such funds shall be avail-
able to the Secretary of Defense, with the concurrence of the Sec-
retary of State, to provide assistance, including training; equipment;
lethal assistance; logistics support, supplies and services; salaries
and stipends; sustainment; and intelligence support to the military
and national security forces of Ukraine, and to other forces or
groups recognized by and under the authority of the Government
of Ukraine, including governmental entities within Ukraine,
engaged in resisting Russian aggression against Ukraine, for
replacement of any weapons or articles provided to the Government
of Ukraine from the inventory of the United States, and to recover
or dispose of equipment procured using funds made available in
this section in this or prior Acts: Provided further, That the Sec-
retary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall, not more
than 60 days after such notification is made, inform such commit-
tees if such funds have not been obligated and the reasons therefor:
Provided further, That the Secretary of Defense shall consult with
such committees in advance of the provision of support provided
to other forces or groups recognized by and under the authority
of the Government of Ukraine: Provided further, That the United
States may accept equipment procured using funds made available
in this section in this or prior Acts transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made avail-
able in this section in this or prior Acts, and not yet transferred
H. R. 2617—157
to the military or national security forces of Ukraine or to other
assisted entities, or returned by such forces or other assisted entities
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees
on the use and status of funds made available in this section.
SEC. 8111. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
SEC. 8112. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $1,510,260,000, to remain
available until September 30, 2024, shall be available for Inter-
national Security Cooperation Programs and other programs to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate counterter-
rorism, crisis response, or building partner capacity programs: Pro-
vided, That the Secretary of Defense shall, not less than 15 days
prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary of
Defense shall provide quarterly reports to the Committees on Appro-
priations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
SEC. 8113. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $410,000,000, to remain
available until September 30, 2024, shall be available to reimburse
Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226
of the National Defense Authorization Act for Fiscal Year 2016
(22 U.S.C. 2151 note), for enhanced border security, of which not
less than $150,000,000 shall be for Jordan: Provided, That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any planned obliga-
tion and the nature of the expenses incurred: Provided further,
That the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
SEC. 8114. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
SEC. 8115. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title 10,
United States Code, or peacekeeping operations for the countries
designated annually to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22
U.S.C. 2370c–1) may be used to support any military training
or operation that includes child soldiers, as defined by the Child
Soldiers Prevention Act of 2008, unless such assistance is otherwise
H. R. 2617—158
permitted under section 404 of the Child Soldiers Prevention Act
of 2008.
SEC. 8116. None of the funds made available by this Act may
be made available for any member of the Taliban.
SEC. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in connection
with the conduct of operations in which the United States is not
participating, pursuant to section 331(d) of title 10, United States
Code, shall be made in accordance with section 8005 of this Act.
SEC. 8118. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Depart-
ment of Defense, to enter into a contract, memorandum of under-
standing, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any sub-
sidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in sub-
section (a) if the Secretary, in consultation with the Secretary
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that—
(1) Rosoboronexport has ceased the transfer of lethal mili-
tary equipment to, and the maintenance of existing lethal mili-
tary equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have with-
drawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense commit-
tees a report containing the results of the review conducted with
respect to such waiver.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8119. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $1,000,000,000, to remain
available until September 30, 2024, is hereby appropriated to the
Department of Defense and made available for transfer only to
other appropriations available to the Department of Defense in
Department of Defense Appropriations Acts: Provided, That such
funds shall be available to the Secretary of Defense for the purpose
of conducting activities relating to improvements of infrastructure
and defueling at the Red Hill Bulk Fuel Storage Facility: Provided
further, That amounts transferred pursuant to this appropriation
shall be merged with, and be available for the same purposes
and time period as the appropriations to which transferred: Pro-
vided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
H. R. 2617—159
the purposes provided in this section, such amounts may be trans-
ferred back to this section: Provided further, That the transfer
authority provided pursuant to this section is in addition to any
other transfer authority provided by law: Provided further, That
not less than 30 days prior to any transfer of funds pursuant
to this section, the Secretary of Defense shall notify the congres-
sional defense committees of the details of any such transfer: Pro-
vided further, That not later than 60 days after the enactment
of this Act and every 30 days thereafter through fiscal year 2024,
the Secretary of Defense shall submit a report to the Committees
on Appropriations of the House of Representatives and Senate,
setting forth all categories and amounts of obligations and expendi-
tures made under the authority provided in this section.
SEC. 8120. (a) Notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer to the Secretary
of State, for use by the United States Agency for International
Development, amounts to be used for the Bien Hoa dioxin cleanup
in Vietnam.
(b) Not more than $15,000,000 may be transferred in each
of fiscal years 2024 through 2030 under the transfer authority
in subsection (a).
(c) The transfer authority in subsection (a) is in addition to
any other transfer authority available to the Department of Defense.
(d) If the Secretary of Defense determines to use the transfer
authority in subsection (a), the Secretary shall notify the congres-
sional defense committees of that determination not later than
30 days before the Secretary uses the transfer authority.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8121. In addition to amounts appropriated in title III,
title IV, or otherwise made available elsewhere in this Act,
$1,052,501,000 is hereby appropriated to the Department of Defense
and made available for transfer to the procurement and research,
development, test and evaluation accounts of the Army, Navy,
Marine Corps, Air Force, and Space Force to reflect revised economic
assumptions: Provided, That the transfer authority provided under
this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That none of the funds
provided under this section may be obligated or expended until
30 days after the Secretary of Defense provides the Committees
on Appropriations of the House of Representatives and the Senate
a detailed execution plan for such funds.
SEC. 8122. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $956,400,000.
SEC. 8123. Equipment procured using funds provided in prior
Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for
the program authorized by section 1209 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), or under the heading
‘‘Iraq Train and Equip Fund’’ for the program authorized by section
1236 of such Act, and not yet transferred to authorized recipients
may be transferred to foreign security forces, irregular forces,
groups, or individuals, authorized to receive assistance using
amounts provided under the heading ‘‘Counter-ISIS Train and
Equip Fund’’ in this Act: Provided, That such equipment may
H. R. 2617—160
be transferred 15 days following written notification to the congres-
sional defense committees.
SEC. 8124. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $25,000,000, to remain avail-
able until September 30, 2024, shall be for payments to reimburse
key cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations to counter the Islamic State of Iraq and Syria: Provided,
That such reimbursement payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office of
Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for
the support provided, and such determination is final and conclusive
upon the accounting officers of the United States, and 15 days
following written notification to the appropriate congressional
committees: Provided further, That these funds may be used for
the purpose of providing specialized training and procuring supplies
and specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military and stability operations to
counter the Islamic State of Iraq and Syria, and 15 days following
written notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide quar-
terly reports to the Committees on Appropriations of the House
of Representatives and the Senate on the use and status of funds
made available in this section.
SEC. 8125. In carrying out the program described in the memo-
randum on the subject of ‘‘Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant Sec-
retary of Defense for Health Affairs on April 3, 2012, and the
guidance issued to implement such memorandum, the Secretary
of Defense shall apply such policy and guidance, except that—
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ‘‘assisted reproductive technology’’ shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National Recon-
naissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnais-
sance Office and the Space Force or any other elements of the
Department of Defense.
SEC. 8127. Funds awarded pursuant to the authority in section
8085 of the Department of Defense Appropriations Act, 2010 (Public
Law 111–118) to the Edward M. Kennedy Institute for the Senate
may be used for facility operations and maintenance, and program
activities, without regard to any previous endowment disbursement
limitations.
SEC. 8128. The Secretary of Defense shall notify the congres-
sional defense committees in writing not more than 30 days after
H. R. 2617—161
the receipt of any contribution of funds received from the govern-
ment of a foreign country for any purpose relating to the stationing
or operations of the United States Armed Forces: Provided, That
such notification shall include the amount of the contribution; the
purpose for which such contribution was made; and the authority
under which such contribution was accepted by the Secretary of
Defense: Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of
the planned use of such contributions, including whether such con-
tributions would support existing or new stationing or operations
of the United States Armed Forces.
SEC. 8129. (a) The Chairman of the Joint Chiefs, in coordination
with the Secretaries of the military departments and the Chiefs
of the Armed Forces, shall submit to the congressional defense
committees, not later than 30 days after the last day of each
quarter of the fiscal year, a report on the use of operation and
maintenance funds for activities or exercises in excess of $5,000,000
that have been designated by the Secretary of Defense as unplanned
activities for fiscal year 2023.
(b) Each report required by subsection (a) shall also include—
(1) the title, date, and location, of each activity and exercise
covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as transpor-
tation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 8130. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations of the
United States Armed Forces, including a temporary base, perma-
nent base, or base owned and operated by a foreign country, is
opened or closed, the Secretary of Defense shall notify the congres-
sional defense committees in writing of the opening or closing
of such base: Provided, That such notification shall also include
information on any personnel changes, costs, and savings associated
with the opening or closing of such base.
SEC. 8131. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States Armed Forces into hostilities in Iraq, into situa-
tions in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8132. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
H. R. 2617—162
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 8133. Nothing in this Act may be construed as authorizing
the use of force against Iran or the Democratic People’s Republic
of Korea.
SEC. 8134. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
SEC. 8135. None of the funds made available by this Act under
the heading ‘‘Counter-ISIS Train and Equip Fund’’, and under
the heading ‘‘Operation and Maintenance, Defense-Wide’’ for
Department of Defense security cooperation grant programs, may
be used to procure or transfer man-portable air defense systems.
SEC. 8136. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 8137. None of the funds made available by this Act may
be used to support any activity conducted by, or associated with,
the Wuhan Institute of Virology.
SEC. 8138. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 8139. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantánamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 8140. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantánamo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232).
SEC. 8141. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
H. R. 2617—163
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantánamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantánamo Bay, Cuba.
SEC. 8142. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantánamo Bay, Cuba.
SEC. 8143. None of the funds made available by this Act may
be used to fund any work to be performed by EcoHealth Alliance,
Inc. in China on research supported by the government of China
unless the Secretary of Defense determines that a waiver to such
prohibition is in the national security interests of the United States
and, not later than 14 days after granting such a waiver, submits
to the congressional defense committees a detailed justification
for the waiver, including—
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective recipient
of such funds (including any third-party entity recipient, as
applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines appro-
priate.
SEC. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Defense Fund for fiscal year 2023 pursuant to the
transfer authority in section 102(b)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified,
in the table titled ‘‘Department of Defense Allocation of Funds:
CHIPS and Science Act Fiscal Year 2023’’ in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act
making or continuing appropriations for part of a fiscal year for
the Department of Defense: Provided, That in any fiscal year,
the matter preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administra-
tion of programs allocated using funds transferred from the CHIPS
for America Defense Fund, which may be allocated pursuant to
the transfer authority in section 102(b)(1) of the CHIPS Act of
H. R. 2617—164
2022 only in amounts that are no more than the allocation for
such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided,
That amounts may be reallocated pursuant to this subsection only
for those requirements necessary to carry out section 9903(b) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116–283).
(d) Concurrent with the annual budget submission of the Presi-
dent for fiscal year 2024, the Secretary of Defense shall submit
to the Committees on Appropriations of the House of Representa-
tives and the Senate proposed allocations by account and by pro-
gram, project, or activity, with detailed justifications, for amounts
made available under section 102(b)(2) of the CHIPS Act of 2022
for fiscal year 2024.
(e) The Department of Defense shall provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Defense Fund for amounts allo-
cated pursuant to subsection (a) of this section, including all
uncommitted, committed, and unobligated funds.
SEC. 8145. The Secretary of the Navy shall continue to provide
pay and allowances to Lieutenant Ridge Alkonis, United States
Navy, until such time as the Secretary of the Navy makes a deter-
mination with respect to the separation of Lieutenant Alkonis from
the Navy.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2023’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS
For expenses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
H. R. 2617—165
ecosystem restoration projects, and related efforts prior to construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construc-
tion, $172,500,000, to remain available until expended: Provided,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government to
construction); $1,808,800,000, to remain available until expended;
of which $75,518,000, to be derived from the Harbor Maintenance
Trust Fund, shall be to cover the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35
percent of the costs of construction, replacement, rehabilitation,
and expansion of inland waterways projects shall be derived from
the Inland Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That the Secretary shall not deviate
from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $370,000,000, to
remain available until expended, of which $15,390,000, to be derived
from the Harbor Maintenance Trust Fund, shall be to cover the
Federal share of eligible operation and maintenance costs for inland
harbors: Provided, That the Secretary shall not deviate from the
work plan, once the plan has been submitted to the Committees
on Appropriations of both Houses of Congress.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to naviga-
tion, $5,078,500,000, to remain available until expended, of which
$2,227,092,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible operations
H. R. 2617—166
and maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land
and Water Conservation Fund Act of 1965 shall be derived from
that account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas
at which outdoor recreation is available; of which such sums as
become available from fees collected under section 217 of Public
Law 104–303 shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $56,000,000, to be
derived from the general fund of the Treasury, shall be to carry
out subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c) and shall be des-
ignated as being for such purpose pursuant to paragraph (2)(B)
of section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136): Provided, That 1
percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency activities
as the Chief of Engineers determines to be necessary and appro-
priate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used
for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities: Provided
further, That the Secretary shall not deviate from the work plan,
once the plan has been submitted to the Committees on Appropria-
tions of both Houses of Congress.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $218,000,000, to
remain available until September 30, 2024.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $400,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
EXPENSES
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
H. R. 2617—167
Resources, the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $215,000,000,
to remain available until September 30, 2024, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2024: Provided, That not more than
75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropria-
tions of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), to specific programs,
projects, or activities.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For administrative expenses to carry out the direct and guaran-
teed loan programs authorized by the Water Infrastructure Finance
and Innovation Act of 2014, $7,200,000, to remain available until
September 30, 2024.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2023, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Commit-
tees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
H. R. 2617—168
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided fur-
ther, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogram-
ming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PRO-
GRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a re-
programming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
H. R. 2617—169
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged mate-
rial consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project author-
ized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the Civil
Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
SEC. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief
of Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available until
expended, of which $5,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Pro-
vided, That of the amount provided under this heading, $1,600,000
H. R. 2617—170
shall be available until September 30, 2024, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2023, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,880,000
for administrative expenses.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally rec-
ognized Indian Tribes, and others, $1,787,151,000, to remain avail-
able until expended, of which $22,165,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $7,584,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$500,000 shall be available for transfer into the Aging Infrastruc-
ture Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C.
510b(d)(1)): Provided further, That such transfers, except for the
transfer authorized by the preceding proviso, may be increased
or decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation Fund,
the Water Storage Enhancement Receipts account established by
section 4011(e) of Public Law 114–322, or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
the amounts made available under this heading, $10,000,000 shall
be deposited in the San Gabriel Basin Restoration Fund established
by section 110 of title I of division B of appendix D of Public
Law 106–554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall
be carried out by the Youth Conservation Corps, as authorized
by 16 U.S.C. 1706: Provided further, That within available funds,
$250,000 shall be for grants and financial assistance for educational
activities: Provided further, That in accordance with section 4007
of Public Law 114–322 and as recommended by the Secretary in
a letter dated November 30, 2022, funding provided for such purpose
in fiscal years 2021 and 2022 shall be made available to the Los
Vaqueros Reservoir Expansion Project Phase 2, and the North-
H. R. 2617—171
of-the-Delta Off Stream Storage (Sites Reservoir Project): Provided
further, That in accordance with section 4009(a) of Public Law
114–322 and as recommended by the Secretary in a letter dated
November 30, 2022, funding provided for such purpose in fiscal
year 2022 shall be made available to the El Paso Water Utilities
Public Service Board: Provided further, That in accordance with
section 4009(c) of Public Law 114–322 and as recommended by
the Secretary in a letter dated November 30, 2022, funding provided
for such purpose in fiscal year 2022 shall be made available to
the Eastern Municipal Water District.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restora-
tion, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, such sums as may be collected in fiscal
year 2023 in the Central Valley Project Restoration Fund pursuant
to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–
575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102–575: Provided further, That
none of the funds made available under this heading may be used
for the acquisition or leasing of water for in-stream purposes if
the water is already committed to in-stream purposes by a court
adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of Calfed
Program management: Provided further, That Calfed implementa-
tion shall be carried out in a balanced manner with clear perform-
ance measures demonstrating concurrent progress in achieving the
goals and objectives of the Program.
POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the six regions of the Bureau of Reclamation, to
remain available until September 30, 2024, $65,079,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
H. R. 2617—172
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase and replacement of not to exceed 30 motor vehicles,
which are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2023, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropria-
tions of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts
made available in this title under the heading ‘‘Bureau of Reclama-
tion—Water and Related Resources’’ shall be expended for the pro-
grams, projects, and activities specified in the ‘‘Final Bill’’ columns
in the ‘‘Water and Related Resources’’ table included under the
heading ‘‘Title II—Department of the Interior’’ in the explanatory
H. R. 2617—173
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between pro-
grams, projects, activities, or categories of funding. The first quar-
terly report shall be submitted not later than 60 days after the
date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 9504(e) of the Omnibus Public Land Manage-
ment Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘$750,000,000’’ and inserting ‘‘$820,000,000’’.
SEC. 204. (a) Title I of Public Law 108–361 (the Calfed Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by section
204 of division D of Public Law 117–103, shall be applied by
substituting ‘‘2023’’ for ‘‘2022’’ each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ‘‘$25,000,000’’ and
inserting ‘‘$30,000,000’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) shall be applied by sub-
stituting ‘‘2023’’ for ‘‘2022’’.
SEC. 206. (a) Section 104(c) of the Reclamation States Emer-
gency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be
applied by substituting ‘‘2023’’ for ‘‘2022’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting
‘‘2023’’ for ‘‘2022’’ and by substituting ‘‘$130,000,000’’ for
‘‘$120,000,000’’.
SEC. 207. Section 529(b)(3) of the Water Resources Development
Act of 2000 (Public Law 106–541) as amended, is amended by
striking ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’.
SEC. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2020 and prior
to enactment of this Act by the Secretary of the Interior and
H. R. 2617—174
transmitted to the appropriate committees of Congress pursuant
to section 4007 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114–322) if such project is not named
in this Act, Public Law 116–260, or Public Law 117–43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY AND RENEWABLE ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $3,460,000,000,
to remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2024, for pro-
gram direction.
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $200,000,000, to remain available until
expended: Provided, That of such amount, $25,143,000 shall be
available until September 30, 2024, for program direction.
ELECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $350,000,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall be
available until September 30, 2024, for program direction.
NUCLEAR ENERGY
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
H. R. 2617—175
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,473,000,000, to remain available until
expended, of which $20,000,000 shall be transferred to ‘‘Department
of Energy—Energy Programs—Science’’, for hot cells operations and
maintenance: Provided, That of such amount, $85,000,000 shall
be available until September 30, 2024, for program direction: Pro-
vided further, That for the purpose of section 954(a)(6) of the Energy
Policy Act of 2005, as amended, the only amount available shall
be from the amount specified as including that purpose in the
‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table included
under the heading ‘‘Title III—Department of Energy’’ in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act).
FOSSIL ENERGY AND CARBON MANAGEMENT
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
of interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environ-
mental costs (30 U.S.C. 3, 1602, and 1603), $890,000,000, to remain
available until expended: Provided, That of such amount
$70,000,000 shall be available until September 30, 2024, for pro-
gram direction.
ENERGY PROJECTS
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$221,968,652, to remain available until expended, for projects speci-
fied in the table that appears under the heading ‘‘Community
Project Funding and Congressionally Directed Spending of Energy
Projects’’ in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
NAVAL PETROLEUM AND OIL SHALE RESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,004,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.), $207,175,000, to remain available
until expended.
H. R. 2617—176
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing
America’s Surface Transportation Act (42 U.S.C. 6241 note), and
section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C.
6241 note), $100,000, to remain available until expended: Provided,
That of the unobligated balances from amounts deposited under
this heading pursuant to section 167(b)(3) of the Energy Policy
and Conservation Act (42 U.S.C. 6247(b)(3)), $2,052,000,000 is
hereby permanently rescinded not later than September 30, 2023.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $7,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$135,000,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and the purchase
of one passenger motor vehicle, $358,583,000, to remain available
until expended: Provided, That in addition, fees collected pursuant
to subsection (b)(1) of section 6939f of title 42, United States Code,
and deposited under this heading in fiscal year 2023 pursuant
to section 309 of title III of division C of Public Law 116–94
are appropriated, to remain available until expended, for mercury
storage costs.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $879,052,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $14,800,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act of 1992.
H. R. 2617—177
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 35 pas-
senger motor vehicles, including one ambulance, for replacement
only, $8,100,000,000, to remain available until expended: Provided,
That of such amount, $211,211,000 shall be available until Sep-
tember 30, 2024, for program direction.
NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, $10,205,000,
to remain available until expended, which shall be derived from
the Nuclear Waste Fund.
TECHNOLOGY TRANSITIONS
For Department of Energy expenses necessary for carrying
out the activities of technology transitions, $22,098,000, to remain
available until expended: Provided, That of such amount,
$13,183,000 shall be available until September 30, 2024, for pro-
gram direction.
CLEAN ENERGY DEMONSTRATIONS
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for clean energy demonstrations in car-
rying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemna-
tion of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $89,000,000, to remain
available until expended: Provided, That of such amount,
$25,000,000 shall be available until September 30, 2024, for pro-
gram direction.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $470,000,000, to remain available until
expended: Provided, That of such amount, $37,000,000 shall be
available until September 30, 2024, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
(INCLUDING RESCISSION OF FUNDS)
Such sums as are derived from amounts received from bor-
rowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accord-
ance with section 502(7) of the Congressional Budget Act of 1974:
H. R. 2617—178
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$66,206,000 is appropriated, to remain available until September
30, 2024: Provided further, That up to $66,206,000 of fees collected
in fiscal year 2023 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2024:
Provided further, That to the extent that fees collected in fiscal
year 2023 exceed $66,206,000, those excess amounts shall be cred-
ited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appro-
priations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
during fiscal year 2023 (estimated at $35,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in
the first proviso of section 1425 of the Department of Defense
and Full-Year Continuing Appropriations Act, 2011 (Public Law
112–10) for the cost of loan guarantees under section 1703 of
the Energy Policy Act of 2005, $150,000,000 are hereby permanently
rescinded: Provided, That, subject to section 502 of the Congres-
sional Budget Act of 1974, commitments to guarantee loans for
eligible projects under title XVII of the Energy Policy Act of 2005,
shall not exceed a total principal amount of $15,000,000,000, to
remain available until committed: Provided further, That the
amounts provided under this paragraph are in addition to those
provided in any other Act: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy Act
of 2005, the source of such payment received from borrowers may
not be a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan
guarantee authority made available under this paragraph shall
be available for commitments to guarantee loans for any projects
where funds, personnel, or property (tangible or intangible) of any
Federal agency, instrumentality, personnel, or affiliated entity are
expected be used (directly or indirectly) through acquisitions, con-
tracts, demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other arrange-
ments, to support the project or to obtain goods or services from
the project: Provided further, That the preceding proviso shall not
be interpreted as precluding the use of the loan guarantee authority
provided under this paragraph for commitments to guarantee loans
for: (1) projects as a result of such projects benefitting from other-
wise allowable Federal income tax benefits; (2) projects as a result
of such projects benefitting from being located on Federal land
pursuant to a lease or right-of-way agreement for which all consider-
ation for all uses is: (A) paid exclusively in cash; (B) deposited
in the Treasury as offsetting receipts; and (C) equal to the fair
H. R. 2617—179
market value as determined by the head of the relevant Federal
agency; (3) projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known
as the ‘‘Price-Anderson Act’’); or (4) electric generation projects
using transmission facilities owned or operated by a Federal Power
Marketing Administration or the Tennessee Valley Authority that
have been authorized, approved, and financed independent of the
project receiving the guarantee: Provided further, That none of
the loan guarantee authority made available under this paragraph
shall be available for any project unless the Director of the Office
of Management and Budget has certified in advance in writing
that the loan guarantee and the project comply with the provisions
under this paragraph.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $9,800,000, to remain available until September
30, 2024.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2024: Provided,
That in this fiscal year and subsequent fiscal years, under section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the
Secretary of Energy may also provide direct loans, as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a): Provided further, That such direct loans shall be made
through the Federal Financing Bank, with the full faith and credit
of the United States Government on the principal and interest:
Provided further, That any funds previously appropriated for the
cost of loan guarantees under section 2602(c) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal
year and subsequent fiscal years, for the cost of direct loans provided
under such section of such Act: Provided further, That for the
cost of direct loans for the Tribal Energy Loan Guarantee Program
as provided for in the preceding three provisos and for the cost
of guaranteed loans for such program under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000,
to remain available until expended: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
INDIAN ENERGY POLICY AND PROGRAMS
For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $75,000,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, $14,000,000 shall be available until September 30, 2024,
for program direction.
H. R. 2617—180
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $383,578,000, to remain available until September 30,
2024, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Pro-
vided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $100,578,000 in fiscal year 2023 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appro-
priated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at not more than $283,000,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $86,000,000, to remain available until September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$17,116,119,000, to remain available until expended: Provided, That
of such amount, $130,070,000 shall be available until September
30, 2024, for program direction.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear non-
proliferation activities, in carrying out the purposes of the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,490,000,000, to remain available until expended.
H. R. 2617—181
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$2,081,445,000, to remain available until expended, of which,
$99,747,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Pro-
vided, That of such amount, $58,525,000 shall be available until
September 30, 2024, for program direction.
FEDERAL SALARIES AND EXPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $475,000,000, to
remain available until September 30, 2024, including official recep-
tion and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$7,025,000,000, to remain available until expended: Provided, That
of such amount, $317,002,000 shall be available until September
30, 2024, for program direction.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for atomic energy defense environ-
mental cleanup activities for Department of Energy contributions
for uranium enrichment decontamination and decommissioning
activities, $586,035,000, to be deposited into the Defense Environ-
mental Cleanup account, which shall be transferred to the ‘‘Ura-
nium Enrichment Decontamination and Decommissioning Fund’’.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
H. R. 2617—182
property or any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,035,000,000, to remain available until
expended: Provided, That of such amount, $364,734,000 shall be
available until September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph
Hatchery Water Quality Project, and Umatilla Hatchery Facility
Project and, in addition, for official reception and representation
expenses in an amount not to exceed $5,000: Provided, That during
fiscal year 2023, no new direct loan obligations may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $8,173,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $8,173,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collec-
tions, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administra-
tion: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $0: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $78,696,000 collected by the South-
eastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $53,488,000, to remain available until
H. R. 2617—183
expended: Provided, That notwithstanding 31 U.S.C. 3302 and sec-
tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$42,880,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain avail-
able until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided fur-
ther, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2023 appropriation estimated
at not more than $10,608,000: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $70,000,000 collected by the South-
western Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $299,573,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $299,573,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $200,841,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $98,732,000, of which $98,732,000 is
derived from the Reclamation Fund: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $475,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropria-
tion, annual expenses means expenditures that are generally recov-
ered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
H. R. 2617—184
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $6,330,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwith-
standing the provisions of that Act and of 31 U.S.C. 3302, up
to $6,102,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2023 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2023, the Administrator of the Western Area Power Adminis-
tration may accept up to $1,598,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contrib-
uted in like manner as if said sums had been specifically appro-
priated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $508,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not to
exceed $508,400,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2023 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general fund
estimated at not more than $0.
H. R. 2617—185
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
SEC. 301. (a) No appropriation, funds, or authority made avail-
able by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Trans-
action Agreement totaling $1,000,000 or more, including a con-
tract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant alloca-
tion or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made avail-
able in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Sec-
retary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as author-
ized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
H. R. 2617—186
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Depart-
ment shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an expla-
nation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Avail-
able balances may be merged with funds in the applicable estab-
lished accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2023 until the enactment of
the Intelligence Authorization Act for fiscal year 2023.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent over-
sight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive depart-
mental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost esti-
mate has been developed for the project for that critical decision.
SEC. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
H. R. 2617—187
that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and signifi-
cantly in reducing the adverse impact of such shortage, the Sec-
retary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that sec-
tion.
SEC. 306. No funds shall be transferred directly from ‘‘Depart-
ment of Energy—Power Marketing Administration—Colorado River
Basins Power Marketing Fund, Western Area Power Administra-
tion’’ to the general fund of the Treasury in the current fiscal
year.
SEC. 307. All unavailable collections currently in the United
States Enrichment Corporation Fund shall be transferred to and
merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent
provided in advance in appropriations Acts.
SEC. 308. Subparagraphs (B) and (C) of section 40401(a)(2)
of Public Law 117–58, paragraph (3) of section 1702(r) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section
40401(c)(2)(C) of Public Law 117–58, and subsection (l) of section
136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013(l)), are hereby repealed.
SEC. 309. (a) Hereafter, for energy development, demonstration,
and deployment programs funded under Department of Energy
appropriations (other than those for the National Nuclear Security
Administration and Office of Environmental Management) provided
for fiscal year 2022, the current fiscal year, or any fiscal year
thereafter (including by Acts other than appropriations Acts), the
Secretary may vest unconditional title or other property interests
acquired under projects in an award recipient, subrecipient, or
successor in interest, including the United States, at the conclusion
of the award period for projects receiving an initial award in fiscal
year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection
(a) in an award recipient, subrecipient, or successor in interest
other than the United States, the United States shall have no
liabilities or obligations to the property.
(c) For purposes of this section, the term ‘‘property interest’’
does not include any interest in intellectual property developed
using funding provided under a project.
SEC. 310. None of the funds made available in this title may
be used to support a grant allocation award, discretionary grant
award, or cooperative agreement that exceeds $100,000,000 in Fed-
eral funding unless the project is carried out through internal
independent project management procedures.
H. R. 2617—188
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the Commis-
sion, including services as authorized by 5 U.S.C. 3109, and hire
of passenger motor vehicles, $200,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $41,401,000, to remain available until September 30, 2024,
of which not to exceed $1,000 shall be available for official reception
and representation expenses.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $30,100,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $17,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects for which
the Denali Commission is the sole or primary funding source in
an amount not to exceed 80 percent of total project cost for dis-
tressed communities, as defined by section 307 of the Denali
Commission Act of 1998 (division C, title III, Public Law 105–
277), as amended by section 701 of appendix D, title VII, Public
Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed
50 percent for non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for any project for which the Denali
Commission is not the sole or primary funding source, provided
that such project is consistent with the purposes of the Commission.
H. R. 2617—189
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $40,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $20,000,000, to remain available
until expended.
SOUTHWEST BORDER REGIONAL COMMISSION
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $5,000,000, to remain available
until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $911,384,000, including official rep-
resentation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2024: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $777,498,000 in fiscal year
2023 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2023 so as to result in a final fiscal year 2023
appropriation estimated at not more than $133,886,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $15,769,000, to remain available until September 30, 2024:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $12,655,000 in fiscal
year 2023 shall be retained and be available until September 30,
2024, for necessary salaries and expenses in this account, notwith-
standing section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2023 so as
to result in a final fiscal year 2023 appropriation estimated at
not more than $3,114,000: Provided further, That of the amounts
H. R. 2617—190
appropriated under this heading, $1,520,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,945,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2024.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commis-
sion Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all Federal agencies.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
H. R. 2617—191
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumen-
tality of the United States Government may provide goods or serv-
ices to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semi-
annual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were trans-
ferred, and shall not replace or modify existing notification require-
ments for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ‘‘Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2023’’.
H. R. 2617—192
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freed-
man’s Bank Building; hire of passenger motor vehicles; mainte-
nance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to State, local, and territorial entities; and
Treasury-wide management policies and programs activities,
$273,882,000, of which not less than $12,000,000 shall be available
for the administration of financial assistance, in addition to amounts
otherwise available for such purposes: Provided, That of the amount
appropriated under this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization require-
ments;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical Infrastruc-
ture Protection, including entering into cooperative agree-
ments;
(E) operations and maintenance of facilities; and
(F) international operations.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Committee on Foreign Invest-
ment in the United States, $21,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury) sub-
ject to advance notification to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts so transferred shall remain available until expended
H. R. 2617—193
for expenses of implementing section 721 of the Defense Production
Act of 1950, as amended (50 U.S.C. 4565), and shall be available
in addition to any other funds available to any department or
agency: Provided further, That fees authorized by section 721(p)
of such Act shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount appropriated
under this heading from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2023,
so as to result in a total appropriation from the general fund
estimated at not more than $0.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, human rights abusers,
money launderers, drug kingpins, and other national security
threats, $216,059,000, of which not less than $3,000,000 shall be
available for addressing human rights violations and corruption,
including activities authorized by the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 2656 note): Provided, That
of the amounts appropriated under this heading, up to $12,000,000
shall remain available until September 30, 2024.
CYBERSECURITY ENHANCEMENT ACCOUNT
For salaries and expenses for enhanced cybersecurity for sys-
tems operated by the Department of the Treasury, $100,000,000,
to remain available until September 30, 2025: Provided, That such
funds shall supplement and not supplant any other amounts made
available to the Treasury offices and bureaus for cybersecurity:
Provided further, That of the total amount made available under
this heading $6,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any
other amounts made available to the Treasury Chief Information
Officer.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $11,118,000,
to remain available until September 30, 2025: Provided, That these
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority pro-
vided in this Act: Provided further, That none of the funds appro-
priated under this heading shall be used to support or supplement
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Rev-
enue Service, Business Systems Modernization’’.
H. R. 2617—194
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$48,878,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which up
to $2,800,000 to remain available until September 30, 2024, shall
be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportuni-
ties, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $174,250,000, of which $5,000,000 shall
remain available until September 30, 2024; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $9,000,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and for-
eign financial intelligence activities, law enforcement, and financial
regulation; services authorized by 5 U.S.C. 3109; not to exceed
$25,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $190,193,000, of which not to exceed $55,000,000
shall remain available until September 30, 2025.
H. R. 2617—195
BUREAU OF THE FISCAL SERVICE
SALARIES AND EXPENSES
For necessary expenses of operations of the Bureau of the
Fiscal Service, $372,485,000; of which not to exceed $8,000,000,
to remain available until September 30, 2025, is for information
systems modernization initiatives; and of which $5,000 shall be
available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $148,863,000; of which not to exceed $6,000 shall be avail-
able for official reception and representation expenses; and of which
not to exceed $50,000 shall be available for cooperative research
and development programs for laboratory services; and provision
of laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under
this heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2024, shall be for the costs
associated with enforcement of and education regarding the trade
practice provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the produc-
tion of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Pro-
vided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2023 under such section 5136 for circu-
lating coinage and protective service capital investments of the
United States Mint shall not exceed $50,000,000.
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Riegle Community Development and Regu-
latory Improvement Act of 1994 (subtitle A of title I of Public
Law 103–325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for EX–III,
$324,000,000. Of the amount appropriated under this heading—
H. R. 2617—196
(1) not less than $196,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2024, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103–325 (12 U.S.C.
4708), of which up to $3,153,750 may be used for the cost
of direct loans, of which up to $10,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d)), may be available to provide financial assistance, tech-
nical assistance, training, and outreach to community develop-
ment financial institutions to expand investments that benefit
individuals with disabilities, and of which up to $2,000,000
shall be for the Economic Mobility Corps to be operated in
conjunction with the Corporation for National and Community
Service, pursuant to 42 U.S.C. 12571: Provided, That the cost
of direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals with
disabilities and those made to community development financial
institutions that serve populations living in persistent poverty
counties, the CDFI Fund shall prioritize Financial Assistance
awards to organizations that invest and lend in high-poverty
areas: Provided further, That for purposes of this section, the
term ‘‘high-poverty area’’ means any census tract with a poverty
rate of at least 20 percent as measured by the 2016–2020
5-year data series available from the American Community
Survey of the Bureau of the Census for all States and Puerto
Rico or with a poverty rate of at least 20 percent as measured
by the 2010 Island areas Decennial Census data for any terri-
tory or possession of the United States;
(2) not less than $25,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2024, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native commu-
nities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, Tribes and Tribal
organizations, and other suitable providers;
(3) not less than $35,000,000 is available until September
30, 2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for
a Healthy Food Financing Initiative to provide financial assist-
ance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
H. R. 2617—197
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $9,000,000 is available until September
30, 2024, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan programs
under section 122 of Public Law 103–325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public
Law shall not apply to the provision of such grants and tech-
nical assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund programs
and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for the development of tools to better assess
and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses
to carry out the direct loan program; and
(7) during fiscal year 2023, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commit-
ments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4713a): Provided, That commit-
ments to guarantee bonds and notes under such section 114A
shall not exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31, 2023:
Provided further, That of the funds awarded under this heading,
except those provided for the Economic Mobility Corps, not
less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this para-
graph and paragraph (1), the term ‘‘persistent poverty counties’’
means any county, including county equivalent areas in Puerto
Rico, that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990
and 2000 decennial censuses and the 2016–2020 5-year data
series available from the American Community Survey of the
Bureau of the Census or any other territory or possession
of the United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990, 2000 and 2010 Island Areas Decennial Censuses,
or equivalent data, of the Bureau of the Census.
INTERNAL REVENUE SERVICE
TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and edu-
cation, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,780,606,000, of which
not to exceed $100,000,000 shall remain available until September
30, 2024, of which not less than $11,000,000 shall be for the
Tax Counseling for the Elderly Program, of which not less than
$26,000,000 shall be available for low-income taxpayer clinic grants,
including grants to individual clinics of up to $200,000, of which
not less than $40,000,000, to remain available until September
H. R. 2617—198
30, 2024, shall be available for the Community Volunteer Income
Tax Assistance Matching Grants Program for tax return preparation
assistance, and of which not less than $236,000,000 shall be avail-
able for operating expenses of the Taxpayer Advocate Service: Pro-
vided, That of the amounts made available for the Taxpayer Advo-
cate Service, not less than $7,000,000 shall be for identity theft
and refund fraud casework.
ENFORCEMENT
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal investiga-
tions, to enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,437,622,000; of which not
to exceed $250,000,000 shall remain available until September 30,
2024; of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$25,000,000 shall be for investigative technology for the Criminal
Investigation Division: Provided, That the amount made available
for investigative technology for the Criminal Investigation Division
shall be in addition to amounts made available for the Criminal
Investigation Division under the ‘‘Operations Support’’ heading.
OPERATIONS SUPPORT
For necessary expenses to operate the Internal Revenue Service
to support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical secu-
rity; headquarters and other IRS-wide administration activities;
research and statistics of income; telecommunications; information
technology development, enhancement, operations, maintenance
and security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service Oversight
Board; and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner; $4,100,826,000,
of which not to exceed $275,000,000 shall remain available until
September 30, 2024; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construc-
tion, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2025, for
research; and of which not to exceed $20,000 shall be for official
reception and representation expenses: Provided, That not later
than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate and the Comptroller
General of the United States detailing major information technology
investments in the Internal Revenue Service Integrated Moderniza-
tion Business Plan portfolio, including detailed, plain language
summaries on the status of plans, costs, and results; prior results
and actual expenditures of the prior quarter; upcoming deliverables
and costs for the fiscal year; risks and mitigation strategies associ-
ated with ongoing work; reasons for any cost or schedule variances;
and total expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget justification
H. R. 2617—199
for fiscal year 2024, a summary of cost and schedule performance
information for its major information technology systems.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Not to exceed 5 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
‘‘Enforcement’’ heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confiden-
tiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facili-
ties and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall con-
tinue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particu-
larly with regard to victims of tax-related crimes.
SEC. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
SEC. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regu-
latory scrutiny based on their ideological beliefs.
SEC. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on con-
ferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
Self-Employed Division’s Conference in Anaheim, California’’ (Ref-
erence Number 2013–10–037).
SEC. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
H. R. 2617—200
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
SEC. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
SEC. 111. The Secretary of the Treasury (or the Secretary’s
delegate) may use the funds made available in this Act, subject
to such policies as the Secretary (or the Secretary’s delegate) may
establish, to utilize direct hire authority to recruit and appoint
qualified applicants, without regard to any notice or preference
requirements, directly to positions in the competitive service to
process backlogged tax returns and return information.
SEC. 112. Notwithstanding section 1344 of title 31, United
States Code, funds appropriated to the Internal Revenue Service
in this Act may be used to provide passenger carrier transportation
and protection between the Commissioner of Internal Revenue’s
residence and place of employment.
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
SEC. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Spe-
cial Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be trans-
ferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
H. R. 2617—201
SEC. 116. None of the funds appropriated in this Act or other-
wise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 117. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service—Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; and the Commit-
tees on Appropriations of the House of Representatives and the
Senate.
SEC. 120. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2023 until the enactment of the Intelligence Authoriza-
tion Act for Fiscal Year 2023.
SEC. 121. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 30 days following
the submission of the annual budget submitted by the President:
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Fran-
chise Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 123. During fiscal year 2023—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
H. R. 2617—202
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
SEC. 124. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representa-
tives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of Representa-
tives, and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in sub-
section (a), the Office of Financial Stability and the Office of Finan-
cial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
SEC. 126. In addition to amounts otherwise available, there
is appropriated to the Special Inspector General for Pandemic
Recovery, $12,000,000, to remain available until expended, for nec-
essary expenses in carrying out section 4018 of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116–136).
SEC. 127. Section 127 of the Department of the Treasury Appro-
priations Act, 2019 (title I of division D of Public Law 116–6)
is amended by inserting before the period at the end the following:
‘‘, including public improvements in the area around such facility
to mitigate traffic impacts caused by the construction and occupancy
of the facility’’.
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2023’’.
H. R. 2617—203
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
THE WHITE HOUSE
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as author-
ized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
and travel (not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); and not to exceed $19,000 for
official reception and representation expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$77,681,000.
EXECUTIVE RESIDENCE AT THE WHITE HOUSE
OPERATING EXPENSES
For necessary expenses of the Executive Residence at the White
House, $15,609,000, to be expended and accounted for as provided
by 3 U.S.C. 105, 109, 110, and 112–114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclu-
sive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
H. R. 2617—204
on a United States Government claim under 31 U.S.C. 3717: Pro-
vided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Pro-
vided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required mainte-
nance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,903,000.
NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $17,901,000, of which not to exceed $10,000
shall be available for official reception and representation expenses.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $115,463,000, of which
not to exceed $12,800,000 shall remain available until expended
for continued modernization of information resources within the
Executive Office of the President: Provided, That of the amounts
provided under this heading, up to $7,000,000 shall be available
H. R. 2617—205
for a program to provide payments (such as stipends, subsistence
allowances, cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty who
are performing voluntary services in the Executive Office of the
President under section 3111(b) of title 5, United States Code,
or comparable authority and shall be in addition to amounts other-
wise available to pay or compensate such individuals: Provided
further, That such payments shall not be considered compensation
for purposes of such section 3111(b) and may be paid in advance.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $128,035,000,
of which not to exceed $3,000 shall be available for official represen-
tation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricul-
tural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
Budget, before the Committees on Appropriations or their sub-
committees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be
expended for the altering of the annual work plan developed by
the Corps of Engineers for submission to the Committees on Appro-
priations: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engi-
neers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant
to the Civil Works water resource planning process: Provided fur-
ther, That the Office of Management and Budget shall have not
more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Manage-
ment and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly: Provided
further, That no later than 14 days after the submission of the
budget of the United States Government for fiscal year 2024, the
H. R. 2617—206
Director of the Office of Management and Budget shall make pub-
licly available on a website a tabular list for each agency that
submits budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of 2006)
that shall include, at minimum, the name of the agency, the date
on which the budget justification materials of the agency were
submitted to Congress, and a uniform resource locator where the
budget justification materials are published on the website of the
agency.
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403), including services authorized
by 5 U.S.C. 3109, $1,902,000.
OFFICE OF THE NATIONAL CYBER DIRECTOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283), $21,926,000, of which not to exceed
$5,000 shall be available for official reception and representation
expenses.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended; not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$21,500,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$302,000,000, to remain available until September 30, 2024, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
H. R. 2617—207
be obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to
$5,800,000 may be used for auditing services and associated activi-
ties and $1,500,000 shall be for the Grants Management System
for use by the Office of National Drug Control Policy: Provided
further, That any unexpended funds obligated prior to fiscal year
2021 may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2022, shall be funded at
not less than the fiscal year 2022 base level, unless the Director
submits to the Committees on Appropriations of the House of Rep-
resentatives and the Senate justification for changes to those levels
based on clearly articulated priorities and published Office of
National Drug Control Policy performance measures of effective-
ness: Provided further, That the Director shall notify the Commit-
tees on Appropriations of the initial allocation of fiscal year 2023
funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with
the HIDTA Directors, not later than 90 days after enactment of
this Act: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representa-
tives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $137,120,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which
not more than $12,780,000 is for administrative expenses, and
of which $2,500,000 shall be made available as directed by section
4 of Public Law 107–82, as amended by section 8204 of Public
Law 115–271; $3,000,000 for drug court training and technical
assistance; $15,250,000 for anti-doping activities; up to $3,420,000
for the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,200,000
for activities authorized by section 103 of Public Law 114–198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That the Director of the Office
of National Drug Control Policy shall, not fewer than 30 days
prior to obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spending plan and explanation of the proposed uses
of these funds.
H. R. 2617—208
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, secu-
rity, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000,
to remain available until September 30, 2024.
INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the furtherance of integrated, effi-
cient, secure, and effective uses of information technology in the
Federal Government, $13,700,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $6,076,000.
OFFICIAL RESIDENCE OF THE VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $321,000: Provided, That
advances, repayments, or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
H. R. 2617—209
advance approval of the Committees on Appropriations of the House
of Representatives and the Senate, transfer not to exceed 10 percent
of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided, That
the amount of an appropriation shall not be increased by more
than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. (a) During fiscal year 2023, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or memo-
randum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2023; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscal-
year period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2023 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memo-
randa shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
SEC. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and Budget
shall issue a memorandum to all Federal departments, agencies,
and corporations directing compliance with the provisions in title
VII of this Act.
SEC. 204. In fiscal year 2023 and each fiscal year thereafter—
(1) the Office of Management and Budget shall operate and main-
tain the automated system required to be implemented by section
204 of the Financial Services and General Government Appropria-
tions Act, 2022 (division E of Public Law 117–103) and shall con-
tinue to post each document apportioning an appropriation, pursu-
ant to section 1513(b) of title 31, United States Code, including
any associated footnotes, in a format that qualifies each such docu-
ment as an open Government data asset (as that term is defined
in section 3502 of title 44, United States Code); and (2) the require-
ments specified in subsection (c), the first and second provisos
of subsection (d)(1), and subsection (d)(2) of such section 204 shall
continue to apply.
SEC. 205. For an additional amount for ‘‘Office of National
Drug Control Policy—Salaries and Expenses’’, $10,482,000, which
shall be for initiatives in the amounts and for the projects specified
in the table that appears under the heading ‘‘Administrative Provi-
sions—Executive Office of the President and Funds Appropriated
H. R. 2617—210
to the President’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided, That none of the funds made available by this section
may be transferred for any other purpose.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2023’’.
TITLE III
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $109,551,000, of
which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief justice and
associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $29,246,000, to remain
available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief judge and
judges of the court.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$21,260,000.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief judge and
judges of the court.
H. R. 2617—211
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $5,905,055,000 (including the purchase
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of circuit and district
judges (including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired from
office or from regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$9,975,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the com-
pensation and reimbursement of expenses of attorneys appointed
to represent persons under 18 U.S.C. 3006A and 3599, and for
the compensation and reimbursement of expenses of persons fur-
nishing investigative, expert, and other services for such representa-
tions as authorized by law; the compensation (in accordance with
the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of expenses of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed
under 18 U.S.C. 4100(b); and for necessary training and general
administrative expenses, $1,382,680,000, to remain available until
expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$58,239,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
H. R. 2617—212
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court or Adminis-
trative Office of the United States Courts operations, the procure-
ment, installation, and maintenance of security systems and equip-
ment for United States courthouses and other facilities housing
Federal court or Administrative Office of the United States Courts
operations, building ingress-egress control, inspection of mail and
packages, directed security patrols, perimeter security, basic secu-
rity services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100–702),
$750,163,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred
to the United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General: Provided, That funds made available under this heading
may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary,
United States Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and local
governments and the public; and, notwithstanding sections 331,
566(e)(1), and 566(i) of title 28, United States Code, for identifying
and pursuing the voluntary redaction and reduction of personally
identifiable information on the internet of judges and other familial
relatives who live at the judge’s domicile.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $102,673,000, of which not
to exceed $8,500 is authorized for official reception and representa-
tion expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $34,261,000; of which $1,800,000
shall remain available through September 30, 2024, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and represen-
tation expenses.
H. R. 2617—213
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $21,641,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwith-
standing any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Secu-
rity.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the matter following paragraph 12—
(1) in the second sentence (relating to the District of
Kansas), by striking ‘‘31 years and 6 months’’ and inserting
‘‘32 years and 6 months’’; and
H. R. 2617—214
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘28 years and 6 months’’ and inserting ‘‘29 years
and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘29 years and 6 months’’ and inserting ‘‘30 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘20 years’’ and inserting
‘‘21 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘19 years and 6 months’’ and inserting
‘‘20 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘18 years’’ and inserting ‘‘19
years’’.
SEC. 307. Section 677 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(d) The Counselor, with the approval of the Chief Justice,
shall establish a retention and recruitment program that is con-
sistent with section 908 of the Emergency Supplemental Act, 2002
(2 U.S.C. 1926) for Supreme Court Police officers and other critical
employees who agree in writing to remain employed with the
Supreme Court for a period of service of not less than two years.’’.
SEC. 308. Section 996(b) of title 28, United States Code, is
amended by inserting ‘‘84 (Federal Employees’ Retirement System),’’
after ‘‘83 (Retirement),’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2023’’.
TITLE IV
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
H. R. 2617—215
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Pro-
gram: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$30,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or attacks in
the District of Columbia or surrounding jurisdictions.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $291,068,000
to be allocated as follows: for the District of Columbia Court of
Appeals, $15,055,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the Superior Court of
the District of Columbia, $140,973,000, of which not to exceed
$2,500 is for official reception and representation expenses; for
the District of Columbia Court System, $88,290,000, of which not
to exceed $2,500 is for official reception and representation
expenses; and $46,750,000, to remain available until September
30, 2024, for capital improvements for District of Columbia court-
house facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assess-
ment: Provided further, That, in addition to the amounts appro-
priated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code,
sec. 1–204.50): Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be appor-
tioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided fur-
ther, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate,
the District of Columbia Courts may reallocate not more than
$9,000,000 of the funds provided under this heading among the
H. R. 2617—216
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
(INCLUDING RESCISSION OF FUNDS)
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appro-
priated for expenses of other Federal agencies: Provided further,
That of the unobligated balances from prior year appropriations
made available under this heading, $22,000,000, are hereby
rescinded not later than September 30, 2023.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997, $285,016,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Super-
vision and Pretrial Services Agency programs, and of which not
to exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That, of the
funds appropriated under this heading, $204,579,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of
adults subject to protection orders or the provision of services for
or related to such persons, of which $7,798,000 shall remain avail-
able until September 30, 2025, for costs associated with the reloca-
tion under replacement leases for headquarters offices, field offices
H. R. 2617—217
and related facilities: Provided further, That, of the funds appro-
priated under this heading, $80,437,000 shall be available to the
Pretrial Services Agency, of which $998,000 shall remain available
until September 30, 2025, for costs associated with relocation under
a replacement lease for headquarters offices, field offices, and
related facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be appor-
tioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided fur-
ther, That amounts under this heading may be used for pro-
grammatic incentives for defendants to successfully complete their
terms of supervision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $53,629,000: Provided,
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Manage-
ment and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender
Service may establish for employees of the District of Columbia
Public Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with,
and receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government: Provided further, That the Dis-
trict of Columbia Public Defender Service may enter into contracts
for the procurement of severable services and multiyear contracts
for the acquisition of property and services to the same extent
and under the same conditions as an executive agency under sec-
tions 3902 and 3903 of title 41, United States Code.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $2,450,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
For a Federal payment, to remain available until September
30, 2024, to the Commission on Judicial Disabilities and Tenure,
$330,000, and for the Judicial Nomination Commission, $300,000.
H. R. 2617—218
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112–10):
Provided, That, to the extent that funds are available for oppor-
tunity scholarships and following the priorities included in section
3006 of such Act, the Secretary of Education shall make scholar-
ships available to students eligible under section 3013(3) of such
Act (Public Law 112–10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity schol-
arships up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000
shall be for the activities specified in section 3009 of the Act.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syn-
drome in the District of Columbia, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Over-
flow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
DISTRICT OF COLUMBIA FUNDS
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
in the Fiscal Year 2023 Local Budget Act of 2022 (D.C. Act 24–
486) and at rates set forth under such Act, as amended as of
the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A
of the District of Columbia Home Rule Act (section 1–204.50a,
D.C. Official Code), sections 816 and 817 of the Financial Services
and General Government Appropriations Act, 2009 (secs. 47–369.01
and 47–369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2023 under this heading
shall not exceed the estimates included in the Fiscal Year 2023
Local Budget Act of 2022, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District of
H. R. 2617—219
Columbia for such fiscal year: Provided further, That the amount
appropriated may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with
all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during
fiscal year 2023, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
This title may be cited as the ‘‘District of Columbia Appropria-
tions Act, 2023’’.
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,465,000,
to remain available until September 30, 2024, of which not to
exceed $1,000 is for official reception and representation expenses.
BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
FOUNDATION
SALARIES AND EXPENSES
For payment to the Barry Goldwater Scholarship and Excel-
lence in Education Fund, established by section 1408 of Public
Law 99–661 (20 U.S.C. 4707), for necessary expenses to carry
out activities pursuant to the Barry Goldwater Scholarship and
Excellence in Education Act of 1986 (20 U.S.C. 4701 et seq.),
$2,000,000, to remain available until expended.
COMMODITY FUTURES TRADING COMMISSION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and else-
where, $365,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory offi-
cials, of which not less than $20,000,000 shall remain available
until September 30, 2024, and of which not less than $4,218,000
shall be for expenses of the Office of the Inspector General: Pro-
vided, That notwithstanding the limitations in 31 U.S.C. 1553,
H. R. 2617—220
amounts provided under this heading are available for the liquida-
tion of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obliga-
tions that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $152,500,000, of which $2,000,000 shall remain available
until expended, to carry out the program, including administrative
costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004), and
of which $2,000,000 shall remain available until expended, to carry
out the program, including administrative costs, required by section
204 of the Nicholas and Zachary Burt Memorial Carbon Monoxide
Poisoning Prevention Act of 2022 (title II of division Q of Public
Law 117–103).
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
SEC. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Reg-
ister on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard
for purposes of reducing the risk of Recreational Off-High-
way Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be pre-
vented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
H. R. 2617—221
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $28,000,000, of which $1,500,000
shall be made available to the National Institute of Standards
and Technology for election reform activities authorized under the
Help America Vote Act of 2002, and of which $1,000,000, to remain
available until expended, shall be for the Help America Vote College
Program as authorized by title V of the Help America Vote Act
of 2002.
ELECTION SECURITY GRANTS
Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided
to the Election Assistance Commission for necessary expenses to
make payments to States for activities to improve the administra-
tion of elections for Federal office, including to enhance election
technology and make election security improvements, as authorized
by sections 101, 103, and 104 of such Act: Provided, That for
purposes of applying such sections, the Commonwealth of the
Northern Mariana Islands shall be deemed to be a State and,
for purposes of sections 101(d)(2) and 103(a) shall be treated in
the same manner as the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ‘‘Administrator of General Serv-
ices’’ or the ‘‘Administrator’’ in sections 101 and 103 shall be deemed
to refer to the ‘‘Election Assistance Commission’’: Provided further,
That each reference to ‘‘$5,000,000’’ in section 103 shall be deemed
to refer to ‘‘$1,000,000’’ and each reference to ‘‘$1,000,000’’ in section
103 shall be deemed to refer to ‘‘$200,000’’: Provided further, That
not later than two years after receiving a payment under this
heading, a State shall make available funds for such activities
in an amount equal to 20 percent of the total amount of the
payment made to the State under this heading: Provided further,
That not later than 45 days after the date of enactment of this
Act, the Election Assistance Commission shall make the payments
to States under this heading: Provided further, That States shall
submit quarterly financial reports and annual progress reports.
H. R. 2617—222
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $390,192,000, to remain available
until expended: Provided, That $390,192,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I
of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced
as such offsetting collections are received during fiscal year 2023
so as to result in a final fiscal year 2023 appropriation estimated
at $0: Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not
exceed $132,231,000 for fiscal year 2023: Provided further, That,
of the amount appropriated under this heading, not less than
$12,131,000 shall be for the salaries and expenses of the Office
of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2022’’ each place it appears and inserting ‘‘December 31, 2023’’.
SEC. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004, rec-
ommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line restrictions
on universal service support payments.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$47,500,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Fed-
eral Election Campaign Act of 1971, $81,674,000, of which not
to exceed $5,000 shall be available for reception and representation
expenses.
H. R. 2617—223
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $29,400,000: Provided, That public members of the Fed-
eral Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703)
for persons employed intermittently in the Government service,
and compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account,
to be available without further appropriation for the costs of car-
rying out these conferences.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $430,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, fees
collected in fiscal year 2023 for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), (and estimated to be $190,000,000 in fiscal year 2023)
shall be retained and used for necessary expenses in this appropria-
tion and shall remain available until expended: Provided further,
That, notwithstanding any other provision of law, fees collected
to implement and enforce the Telemarketing Sales Rule, promul-
gated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), regardless of the year
of collection (and estimated to be $20,000,000 in fiscal year 2023),
shall be credited to this account, and be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such offsetting collec-
tions are received during fiscal year 2023 and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts credited to this account as offsetting collections in
previous fiscal years that are not otherwise appropriated, so as
to result in a final fiscal year 2023 appropriation from the general
fund estimated at $48,000,000: Provided further, That, notwith-
standing section 605 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1990 (15 U.S.C. 18a note), none of the funds credited to this account
H. R. 2617—224
as offsetting collections in previous fiscal years that were unavail-
able for obligation as of September 30, 2022, shall become available
for obligation except as provided in the preceding proviso: Provided
further, That none of the funds made available to the Federal
Trade Commission may be used to implement subsection (e)(2)(B)
of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
Amounts in the Fund, including revenues and collections depos-
ited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise pro-
vided for, including operation, maintenance, and protection of feder-
ally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appur-
tenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisi-
tion of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $10,013,150,000, of which—
(1) $807,809,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) and
remediation, in addition to amounts otherwise provided for
such purposes, as follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase
Option, $21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolida-
tion, $375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
H. R. 2617—225
Provided, That each of the foregoing limits of costs on construc-
tion, acquisition, and remediation projects may be exceeded
to the extent that savings are effected in other such projects,
but not to exceed 20 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of the House
of Representatives and the Senate of a greater amount;
(2) $662,280,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise provided
for such purposes, of which—
(A) $244,783,000 is for Major Repairs and Alterations
as follows:
Multiple Locations:
National Conveying Systems, $30,000,000;
National Capital Region:
Fire Alarm Systems, $40,000,000;
California:
San Francisco, Federal Building, $15,687,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000;
Massachusetts:
Boston, John J. Moakley U.S. Courthouse, $10,345,000;
Montana:
Butte, Mike Mansfield Federal Building and U.S. Court-
house, $25,792,000;
New York:
New York, Alexander Hamilton U.S. Custom House,
$68,497,000;
Ohio:
Cleveland, Carl B. Stokes U.S. Courthouse, $10,235,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse
and Post Office, $3,093,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse,
$12,927,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and Custom
House, $17,978,000;
(B) $398,797,000 is for Basic Repairs and Alterations,
of which $3,000,000 is for repairs to the water feature
at the Wilkie D. Ferguson Jr. U.S. Courthouse in Miami,
FL; and
(C) $18,700,000 is for Special Emphasis Programs as
follows:
Judiciary Capital Security Program, $18,700,000;
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identi-
fied for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 20 percent
unless advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate
of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from
H. R. 2617—226
the Committees on Appropriations of the House of Representa-
tives and the Senate: Provided further, That the amounts pro-
vided in this or any prior Act for ‘‘Repairs and Alterations’’
may be used to fund costs associated with implementing secu-
rity improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and
in compliance with the reprogramming guidelines of the appro-
priate Committees of the House and Senate: Provided further,
That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ‘‘Repairs and Alterations’’, may be transferred to ‘‘Basic
Repairs and Alterations’’ or used to fund authorized increases
in prospectus projects: Provided further, That the amount pro-
vided in this or any prior Act for ‘‘Basic Repairs and Alter-
ations’’ may be used to pay claims against the Government
arising from any projects under the heading ‘‘Repairs and Alter-
ations’’ or used to fund authorized increases in prospectus
projects;
(3) $5,561,680,000 for rental of space to remain available
until expended; and
(4) $2,981,381,000 for building operations to remain avail-
able until expended: Provided, That the total amount of funds
made available from this Fund to the General Services Adminis-
tration shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a prospectus,
if required by 40 U.S.C. 3307(a), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations
of the House of Representatives and the Senate: Provided fur-
ther, That amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protec-
tive functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That reve-
nues and collections and any other sums accruing to this Fund
during fiscal year 2023, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and
shall not be available for expenditure except as authorized
in appropriations Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy associated with the management of
real and personal property assets and certain administrative serv-
ices; Government-wide policy support responsibilities relating to
H. R. 2617—227
acquisition, travel, motor vehicles, information technology manage-
ment, and related technology activities; and services as authorized
by 5 U.S.C. 3109; and evaluation activities as authorized by statute;
$71,186,000, of which $4,000,000 shall remain available until Sep-
tember 30, 2024.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and dona-
tion of surplus personal property; disposal of real property; agency-
wide policy direction, and management; the hire of zero-emission
passenger motor vehicles and supporting charging or fueling infra-
structure; and services as authorized by 5 U.S.C. 3109; $54,478,000,
of which not to exceed $7,500 is for official reception and representa-
tion expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of Contract
Appeals, $10,352,000, of which $2,000,000 shall remain available
until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $74,583,000: Provided, That
not to exceed $3,000,000 shall be available for information tech-
nology enhancements related to implementing cloud services,
improving security measures, and providing modern technology case
management solutions: Provided further, That not to exceed $50,000
shall be available for payment for information and detection of
fraud against the Government, including payment for recovery of
stolen Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other Federal
agencies and private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $5,200,000.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604;
and for expenses authorized by law, not otherwise provided for,
in support of interagency projects that enable the Federal Govern-
ment to enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $90,000,000, to be deposited into the
Federal Citizen Services Fund: Provided, That the previous amount
may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
H. R. 2617—228
into the Fund shall be available until expended for necessary
expenses of Federal Citizen Services and other activities that enable
the Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $200,000,000:
Provided further, That appropriations, revenues, reimbursements,
and collections accruing to this Fund during fiscal year 2023 in
excess of such amount shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts: Provided further, That, of the total amount appropriated,
up to $5,000,000 shall be available for support functions and full-
time hires to support activities related to the Administration’s
requirements under title II of the Foundations for Evidence-Based
Policymaking Act of 2018 (Public Law 115–435): Provided further,
That the transfer authorities provided herein shall be in addition
to any other transfer authority provided in this Act.
TECHNOLOGY MODERNIZATION FUND
For the Technology Modernization Fund, $50,000,000, to remain
available until expended, for technology-related modernization
activities.
WORKING CAPITAL FUND
For the Working Capital Fund of the General Services Adminis-
tration, $5,900,000, to remain available until expended, for nec-
essary costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal rulemaking
agencies.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
SEC. 520. Funds available to the General Services Administra-
tion shall be available for the hire of passenger motor vehicles.
SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2023 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed trans-
fers shall be approved in advance by the Committees on Appropria-
tions of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2024 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administra-
tion, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved Court-
house Project Priorities plan; and (3) includes a standardized court-
room utilization study of each facility to be constructed, replaced,
or expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usu-
ally provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
H. R. 2617—229
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading ‘‘Fed-
eral Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 525. In any case in which the Committee on Transpor-
tation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Serv-
ices Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agree-
ments, except that, if the Administrator determines that the delin-
eated area of the procurement should not be identical to the delin-
eated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. With respect to projects funded under the heading
‘‘Federal Citizen Services Fund’’, the Administrator of General Serv-
ices shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days after
the date of enactment of this Act.
SEC. 527. The Administrator of the General Services Adminis-
tration shall select a site from one of the three listed in the General
Services Administration (GSA) Fiscal Year 2017 PNCR–FBI–NCR17
prospectus for a new fully consolidated Federal Bureau of Investiga-
tion (FBI) headquarters.
In considering the September 2022 and amended November
2022 GSA Site Selection Plan for the FBI Suburban Headquarters,
not later than 90 days after enactment of this Act, prior to any
action by the GSA site selection panel for the new Federal FBI
headquarters, the GSA Administrator shall conduct separate and
detailed consultations with individuals representing the sites from
the State of Maryland and Commonwealth of Virginia to further
consider perspectives related to mission requirements, sustainable
siting and equity, and evaluate the viability of the GSA’s Site
Selection Criteria for the FBI Headquarters to ensure it is con-
sistent with Congressional intent as expressed in the resolution
of the Committee on Environment and Public Works of the Senate
(112th Congress), adopted December 8, 2011 and further described
in the General Services Administration Fiscal Year 2017 PNCR–
FBI–NCR17 prospectus. Following those consultations, the Adminis-
trator shall proceed with the site selection process.
H. R. 2617—230
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$3,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Num-
bered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$49,655,000, to remain available until September 30, 2024, and
in addition not to exceed $2,345,000, to remain available until
September 30, 2024, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service Retire-
ment and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall and Stewart L. Udall
Foundation, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to remain
available for direct expenditure until expended, of which, notwith-
standing sections 8 and 9 of such Act, up to $1,000,000 shall
be available to carry out the activities authorized by section 6(7)
of Public Law 102–259 and section 817(a) of Public Law 106–
568 (20 U.S.C. 5604(7)): Provided, That all current and previous
amounts transferred to the Office of Inspector General of the
Department of the Interior will remain available until expended
for audits and investigations of the Morris K. Udall and Stewart
L. Udall Foundation, consistent with the Inspector General Act
of 1978 (5 U.S.C. App.), as amended, and for annual independent
financial audits of the Morris K. Udall and Stewart L. Udall
Foundation pursuant to the Accountability of Tax Dollars Act of
2002 (Public Law 107–289): Provided further, That previous
amounts transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris K.
Udall and Stewart L. Udall Foundation for annual independent
financial audits pursuant to the Accountability of Tax Dollars Act
of 2002 (Public Law 107–289).
H. R. 2617—231
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,943,000, to remain available
until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of docu-
ments, the activities of the Public Interest Declassification Board,
the operations and maintenance of the electronic records archives,
the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including mainte-
nance, repairs, and cleaning, $427,520,000, of which $30,000,000
shall remain available until expended for expenses necessary to
enhance the Federal Government’s ability to electronically preserve,
manage, and store Government records, and of which up to
$2,000,000 shall remain available until expended to implement
the Civil Rights Cold Case Records Collection Act of 2018 (Public
Law 115–426).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $5,980,000.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and
to provide adequate storage for holdings, $22,224,000, to remain
available until expended, of which no less than $7,250,000 is for
upgrades to the Carter Presidential Library in Atlanta, Georgia
and of which $6,000,000 is for the Ulysses S. Grant Presidential
Museum in Starkville, Mississippi.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$12,000,000, to remain available until expended, of which up to
$2,000,000 shall be to preserve and make publicly available the
congressional papers of former Members of the House and Senate.
H. R. 2617—232
ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
SEC. 530. For an additional amount for ‘‘National Historical
Publications and Records Commission Grants Program’’,
$22,573,000, which shall be for initiatives in the amounts and
for the projects specified in the table that appears under the heading
‘‘Administrative Provisions—National Archives and Records
Administration’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided, That none of the funds made available by this section
may be transferred for any other purpose.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund pro-
gram as authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000
shall be available until September 30, 2024, for technical assistance
to low-income designated credit unions: Provided, That credit unions
designated solely as minority depository institutions shall be eligible
to apply for and receive such technical assistance.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Representative
Louise McIntosh Slaughter Stop Trading on Congressional Knowl-
edge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed
$1,500 for official reception and representation expenses,
$24,500,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examina-
tions performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and else-
where; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; and payment of per
diem and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight at
his or her post of duty, $190,784,000: Provided, That of the total
amount made available under this heading, $19,373,000 shall
remain available until expended, for information technology mod-
ernization and Trust Fund Federal Financial System migration
H. R. 2617—233
or modernization, and shall be in addition to funds otherwise made
available for such purposes: Provided further, That of the total
amount made available under this heading, $1,381,748 may be
made available for strengthening the capacity and capabilities of
the acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition
workforce effectiveness or for management solutions to improve
acquisition management; and in addition $194,924,000 for adminis-
trative expenses, to be transferred from the appropriate trust funds
of OPM without regard to other statutes, including direct procure-
ment of printed materials, for the retirement and insurance pro-
grams: Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That
no part of this appropriation shall be available for salaries and
expenses of the Legal Examining Unit of OPM established pursuant
to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President’s Commis-
sion on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2023, accept
donations of money, property, and personal services: Provided fur-
ther, That such donations, including those from prior years, may
be used for the development of publicity materials to provide
information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized
by subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 40
U.S.C. 11301 note): Provided further, That the OPM Director shall
notify, and receive approval from, the Committees on Appropriations
of the House of Representatives and the Senate at least 15 days
in advance of any transfer under the preceding proviso: Provided
further, That amounts transferred to such a fund under such
transfer authority from any organizational category of OPM shall
not exceed 5 percent of each such organizational category’s budget
as identified in the report required by section 608 of this Act:
Provided further, That amounts transferred to such a fund shall
remain available for obligation through September 30, 2026.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,908,000, and in addition, not to exceed
$29,487,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
H. R. 2617—234
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of con-
ference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles, $31,904,000.
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties Over-
sight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$10,600,000, to remain available until September 30, 2024.
PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES
For salaries and expenses of the Public Buildings Reform Board
in carrying out the Federal Assets Sale and Transfer Act of 2016
(Public Law 114–287), $4,000,000, to remain available until
expended.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $2,149,000,000, to remain
available until expended; of which not less than $18,979,000 shall
be for the Office of Inspector General; of which not to exceed
$275,000 shall be available for a permanent secretariat for the
International Organization of Securities Commissions; and of which
not to exceed $100,000 shall be available for expenses for consulta-
tions and meetings hosted by the Commission with foreign govern-
mental and other regulatory officials, members of their delegations
and staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attend-
ance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission’s District of Columbia headquarters facilities, not to
H. R. 2617—235
exceed $57,405,000, to remain available until expended; and for
move, replication, and related costs associated with a replacement
lease for the Commission’s San Francisco Regional Office facilities,
not to exceed $3,365,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal
year 2023, all amounts appropriated under this heading shall be
deemed to be the regular appropriation to the Commission for
fiscal year 2023: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $2,149,000,000 of such offsetting collec-
tions shall be available until expended for necessary expenses of
this account; not to exceed $57,405,000 of such offsetting collections
shall be available until expended for move, replication, and related
costs under this heading associated with a replacement lease for
the Commission’s District of Columbia headquarters facilities; and
not to exceed $3,365,000 of such offsetting collections shall be
available until expended for move, replication, and related costs
under this heading associated with a replacement lease for the
Commission’s San Francisco Regional Office facilities: Provided fur-
ther, That the total amount appropriated under this heading from
the general fund for fiscal year 2023 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2023 appropriation from the general fund estimated at not
more than $0: Provided further, That if any amount of the appro-
priation for move, replication, and related costs associated with
a replacement lease for the Commission’s District of Columbia
headquarters facilities or if any amount of the appropriation for
move, replication, and related costs associated with a replacement
lease for the Commission’s San Francisco Regional Office facilities
is subsequently de-obligated by the Commission, such amount that
was derived from the general fund shall be returned to the general
fund, and such amounts that were derived from fees or assessments
collected for such purpose shall be paid to each national securities
exchange and national securities association, respectively, in propor-
tion to any fees or assessments paid by such national securities
exchange or national securities association under section 31 of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in fiscal
year 2023.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $31,700,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provi-
sions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
H. R. 2617—236
for or in connection with the induction of any person into the
Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States
Code, and not to exceed $3,500 for official reception and representa-
tion expenses, $326,000,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender over-
sight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, reve-
nues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2023: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2024: Provided further,
That $20,000,000 shall be available for costs associated with the
certification of small business concerns owned and controlled by
veterans or service-disabled veterans under sections 36A and 36
of the Small Business Act (15 U.S.C. 657f–1; 657f), respectively,
and section 862 of Public Law 116–283, to be available until Sep-
tember 30, 2024.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
For necessary expenses of programs supporting entrepreneurial
and small business development, $320,000,000, to remain available
until September 30, 2024: Provided, That $140,000,000 shall be
available to fund grants for performance in fiscal year 2023 or
fiscal year 2024 as authorized by section 21 of the Small Business
Act: Provided further, That $41,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $20,000,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,020,000.
H. R. 2617—237
OFFICE OF ADVOCACY
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $10,211,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $6,000,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2023 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958 and commitments
for loans authorized under subparagraph (C) of section 502(7) of
the Small Business Investment Act of 1958 (15 U.S.C. 696(7))
shall not exceed, in the aggregate, $15,000,000,000: Provided fur-
ther, That during fiscal year 2023 commitments for general business
loans authorized under paragraphs (1) through (35) of section 7(a)
of the Small Business Act shall not exceed $35,000,000,000 for
a combination of amortizing term loans and the aggregated max-
imum line of credit provided by revolving loans: Provided further,
That during fiscal year 2023 commitments to guarantee loans for
debentures under section 303(b) of the Small Business Investment
Act of 1958 shall not exceed $5,000,000,000: Provided further, That
during fiscal year 2023, guarantees of trust certificates authorized
by section 5(g) of the Small Business Act shall not exceed a principal
amount of $15,000,000,000. In addition, for administrative expenses
to carry out the direct and guaranteed loan programs, $165,300,000,
which may be transferred to and merged with the appropriations
for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan pro-
gram authorized by section 7(b) of the Small Business Act,
$179,000,000, to be available until expended, of which $1,600,000
is for the Office of Inspector General of the Small Business Adminis-
tration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$169,000,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $8,400,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses:
Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)): Provided further, That the amount for
major disasters under this heading is designated by the Congress
H. R. 2617—238
as being for disaster relief pursuant to a concurrent resolution
on the budget in the Senate and section 1(f) of H. Res. 1151
(117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Adminis-
tration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under
the headings ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program
Account’’ may be transferred to the Administration’s information
technology system modernization and working capital fund (IT
WCF), as authorized by section 1077(b)(1) of title X of division
A of the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain available
for obligation through September 30, 2026.
SEC. 542. For an additional amount for ‘‘Small Business
Administration—Salaries and Expenses’’, $179,710,000, which shall
be for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and
acquisition activities, in the amounts and for the projects specified
in the table that appears under the heading ‘‘Administrative Provi-
sions—Small Business Administration’’ in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That, notwithstanding sections
2701.92 and 2701.93 of title 2, Code of Federal Regulations, the
Administrator of the Small Business Administration may permit
awards to subrecipients for initiatives funded under this section:
Provided further, That none of the funds made available by this
section may be transferred for any other purpose.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $50,253,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That none of the funds
made available to the Postal Service by this Act shall be used
to implement any rule, regulation, or policy of charging any officer
or employee of any State or local child support enforcement agency,
or any individual participating in a State or local program of child
H. R. 2617—239
support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate
or close small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010 (Public
Law 111–241).
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$271,000,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000
for official reception and representation expenses, $57,300,000, of
which $1,000,000 shall remain available until expended: Provided,
That the amount made available under 26 U.S.C. 7475 shall be
transferred and added to any amounts available under 26 U.S.C.
7473, to remain available until expended, for the operation and
maintenance of the United States Tax Court: Provided further,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION OF FUNDS)
SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, except for transfers
made pursuant to the authority in section 3173(d) of title 40,
United States Code, unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
H. R. 2617—240
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Govern-
ment employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with chapter 83 of title 41,
United States Code.
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2023, or pro-
vided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) aug-
ments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, which-
ever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization, restruc-
turing, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Commit-
tees on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the report
shall include: (1) a table for each appropriation, detailing both
full-time employee equivalents and budget authority, with separate
columns to display the prior year enacted level, the President’s
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and program,
H. R. 2617—241
project, and activity as detailed in this Act, in the accompanying
report, or in the budget appendix for the respective appropriation,
whichever is more detailed, and which shall apply to all items
for which a dollar amount is specified and to all programs for
which new budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an identification
of items of special congressional interest: Provided further, That
the amount appropriated or limited for salaries and expenses for
an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2023 from appropriations made available
for salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expendi-
ture of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any indi-
vidual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Rev-
enue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary cir-
cumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an appropriations Act)
funds made available to the Office of Personnel Management pursu-
ant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
H. R. 2617—242
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimburse-
ment from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotia-
tions with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administra-
tion or the United States Postal Service.
SEC. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
H. R. 2617—243
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amend-
ment to the Constitution of the United States.
SEC. 623. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has respon-
sibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, docu-
ments, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
H. R. 2617—244
report to the Committees on Appropriations of the House of Rep-
resentatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 624. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible tele-
communications carriers in a way that is inconsistent with para-
graph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, devel-
oping, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II: Provided further, That any such alter-
native mechanism shall maintain existing high-cost support to
competitive eligible telecommunications carriers until support under
such mechanism commences.
SEC. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
SEC. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, govern-
ment-driven scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with section 16.401(e)(2) of the Federal
Acquisition Regulation.
SEC. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department, agency,
board or commission funded by this Act of more than $500,000
at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice
is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may
be used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any single
conference occurring outside the United States unless the agency
or entity determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on Appropria-
tions of the House of Representatives and the Senate that includes
the basis of that determination.
SEC. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the employees
of executive branch agencies funded by this Act in contravention
of sections 301–10.122 through 301–10.125 of title 41, Code of
Federal Regulations.
H. R. 2617—245
SEC. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended,
shall be provided for an additional amount for such purpose to
the Inspectors General Council Fund established pursuant to section
11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.):
Provided, That these amounts shall be in addition to any amounts
or any authority available to the Council of the Inspectors General
on Integrity and Efficiency under section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.).
SEC. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public relations,
as that term is defined in Office and Management and Budget
Circular A–87 (revised May 10, 2004), unless advance notice of
such an obligation is transmitted to the Committees on Appropria-
tions of the House of Representatives and the Senate.
SEC. 631. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or edu-
cational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 632. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 633. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Commit-
tees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations
of the Agency for that quarter for each appropriation, by the source
year of the appropriation.
SEC. 635. (a) Section 41002(c)(1) of Public Law 114–94 (42
U.S.C. 4370m–1(c)(1)) is amended by adding at the end the following
new subparagraph:
‘‘(E) PERSONNEL.—The Executive Director of the
Council may appoint and fix the compensation of such
employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the Executive
Director.’’.
H. R. 2617—246
(b) Section 41009(d)(2) of Public Law 114–94 (42 U.S.C. 4370m–
8(d)(2)) is amended by striking ‘‘staffing of the Office of the Execu-
tive Director’’ and inserting ‘‘appointing and fixing the compensation
of such employees as the Executive Director considers necessary
to carry out the roles and responsibilities of the Executive Director’’.
SEC. 636. (a) DESIGNATION.—The Federal building located at
90 7th Street in San Francisco, California, shall be known and
designated as the ‘‘Speaker Nancy Pelosi Federal Building’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Speaker Nancy Pelosi Federal Building’’.
SEC. 637. Of the unobligated balances available in the Depart-
ment of the Treasury, Treasury Forfeiture Fund, established by
section 9703 of title 31, United States Code, $150,000,000 shall
be permanently rescinded not later than September 30, 2023.
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
(INCLUDING TRANSFERS OF FUNDS)
SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2023 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumen-
tality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $26,733 except station
wagons for which the maximum shall be $27,873: Provided, That
these limits may be exceeded by not to exceed $7,775 for police-
type vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall
not apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
H. R. 2617—247
are hereby made available for quarters allowances and cost-of-
living allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful perma-
nent resident and then a citizen when eligible; or (4) is a person
who owes allegiance to the United States: Provided, That for pur-
poses of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of paragraphs (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employ-
ment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for pay-
ment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements per-
formed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records dis-
posed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
H. R. 2617—248
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management pro-
grams, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corpora-
tions and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subse-
quently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, commit-
tees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a posi-
tion of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
H. R. 2617—249
5, United States Code, (pursuant to schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations) unless
the head of the applicable department, agency, or other instrumen-
tality employing such schedule C individual certifies to the Director
of the Office of Personnel Management that the schedule C position
occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from
an element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))).
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
H. R. 2617—250
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relation-
ships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legisla-
tion pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such
as mailing, telephone, or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multi-
agency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including
improving coordination and reducing duplication, as approved by
the Director of the Office of Management and Budget, in consulta-
tion with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
H. R. 2617—251
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procure-
ment initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31
U.S.C. 1120, and not to exceed $17,000,000 for Government-wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ‘‘General Services
Administration, Government-Wide Policy’’ during fiscal year 2023
shall remain available for obligation through September 30, 2024:
Provided further, That not later than 90 days after enactment
of this Act, the Director of the Office of Management and Budget,
in consultation with the Administrator of General Services, shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a detailed
spend plan for the funds to be transferred or reimbursed: Provided
further, That the spend plan shall, at a minimum, include: (i)
the amounts currently in the funds authorized under this section
and the estimate of amounts to be transferred or reimbursed in
fiscal year 2023; (ii) a detailed breakdown of the purposes for
all funds estimated to be transferred or reimbursed pursuant to
this section (including total number of personnel and costs for
all staff whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or for
the benefit of each executive council; and (iv) where applicable,
a description of the funds intended for use by or for the implementa-
tion of specific laws passed by Congress: Provided further, That
no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science, Space, and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 724. Any request for proposals, solicitation, grant applica-
tion, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
H. R. 2617—252
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifi-
able information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to imple-
ment, interpret or enforce authorities provided in law.
(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as pro-
vided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any indi-
vidual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
SEC. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
H. R. 2617—253
and supports the strict adherence to anti-doping in sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellow-
ship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no execu-
tive branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Centers is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations imple-
menting that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incor-
porated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2023, for each employee who—
H. R. 2617—254
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or direc-
tors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expendi-
ture’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
such term in the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a Member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2023, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2023, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage
H. R. 2617—255
survey adjustment, the rate payable under subparagraph (A)
by more than the sum of—
(i) the percentage adjustment taking effect in fiscal
year 2023 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(ii) the difference between the overall average percent-
age of the locality-based comparability payments taking
effect in fiscal year 2023 under section 5304 of such title
(whether by adjustment or otherwise), and the overall aver-
age percentage of such payments which was effective in
the previous fiscal year under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which paragraph (1) is in effect at a rate that exceeds the
rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2022, shall
be determined under regulations prescribed by the Office of Per-
sonnel Management.
(4) Notwithstanding any other provision of law, rates of pre-
mium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2022, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retire-
ment, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for excep-
tions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruit-
ment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2023 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That pre-
vailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
H. R. 2617—256
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2022.
SEC. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2023 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating poten-
tial contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any entity
without an Inspector General, of the date, location, and number
of employees attending a conference held by any Executive branch
department, agency, board, commission, or office funded by this
or any other appropriations Act during fiscal year 2023 for which
the cost to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in sub-
section (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assess-
ment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
H. R. 2617—257
reduce funding for a program, project, or activity as proposed in
the President’s budget request for a fiscal year until such proposed
change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
SEC. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene require-
ments applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
SEC. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are con-
sistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified information,
(2) communications to Congress, (3) the reporting to an Inspector
General or the Office of Special Counsel of a violation of any
law, rule, or regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific danger to
public health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions are incorporated into this agreement and are control-
ling.’’: Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intel-
ligence or intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum, require
that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do
so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
H. R. 2617—258
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation
of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar lan-
guage to that required in subsection (a).
SEC. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for col-
lecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a deter-
mination that this further action is not necessary to protect the
interests of the Government.
SEC. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has considered
suspension or debarment of the corporation and has made a deter-
mination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. (a) During fiscal year 2023, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Finan-
cial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public website.
SEC. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to
the Vice President during calendar year 2023 shall be the rate
payable to the Vice President on December 31, 2022, by operation
of section 747 of division E of Public Law 117–103.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2023 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive Schedule
rate, shall be the rate payable for the applicable Executive Schedule
level on December 31, 2022, by operation of section 747 of division
E of Public Law 117–103. Such an employee may not receive a
H. R. 2617—259
rate increase during calendar year 2023, except as provided in
subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96–465) or any other provision of law, a
chief of mission or ambassador at large is subject to subsection
(b) in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to—
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for level
IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under a
political appointment and paid a rate of basic pay at or above
the official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not
receive a pay rate increase during calendar year 2023, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality based payments
under section 5304 of title 5, United States Code, or similar
authority) at or above the official rate for level IV of the Executive
Schedule who serves under a political appointment may not receive
a pay rate increase during calendar year 2023, except as provided
in subsection (i). This subsection does not apply to employees in
the General Schedule pay system or the Foreign Service pay system,
to employees appointed under section 3161 of title 5, United States
Code, or to employees in another pay system whose position would
be classified at GS–15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time as
that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law
96–465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if that
new position has higher-level duties and a pre-established level
or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must
be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2022, by operation of section
747 of division E of Public Law 117–103.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable limitations on payable rates
of pay in effect on December 31, 2022, by operation of section
747 of division E of Public Law 117–103.
H. R. 2617—260
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but ends
in calendar year 2024, the bar on the employee’s receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ‘‘covered position’’
means a position occupied by an employee whose pay is restricted
under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
SEC. 748. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the relevant
department or agency, as the case may be, shall report immediately
to the Congress all relevant facts and a statement of actions taken:
Provided, That a copy of each report shall also be transmitted
to the Committees on Appropriations of the House of Representa-
tives and the Senate and the Comptroller General on the same
date the report is transmitted to the Congress.
SEC. 749. (a) Each department or agency of the executive branch
of the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives
and the Senate and any other appropriate congressional committees
if—
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department
or agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department
or agency may hinder the prudent obligation of such appropria-
tion or the execution of a program, project, or activity by
such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appro-
priation Fund Symbol or fund account.
SEC. 750. (a) Any non-Federal entity receiving funds provided
in this or any other appropriations Act for fiscal year 2023 that
are specified in the disclosure table submitted in compliance with
clause 9 of rule XXI of the Rules of the House of Representatives
or Rule XLIV of the Standing Rules of the Senate that is included
in the report or explanatory statement accompanying any such
Act shall be deemed to be a recipient of a Federal award with
respect to such funds for purposes of the requirements of 2 CFR
200.334, regarding records retention, and 2 CFR 200.337, regarding
access by the Comptroller General of the United States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or
any existing authority of the Comptroller General.
SEC. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available by
this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination with,
participation in, or recommendations involving, activities of the
U.S. Army Medical Research and Development Command, the
H. R. 2617—261
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
SEC. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget (in this section referred to as the ‘‘Director’’), in
coordination with the Architectural and Transportation Barriers
Compliance Board and the Administrator of General Services (in
this section referred to as the ‘‘Administrator’’), shall disseminate
amended or updated criteria and instructions to any Federal depart-
ment or agency (in this section referred to as an ‘‘agency’’) covered
by section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
for the evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall—
(A) include, at minimum, requirements that information
technologies and digital services must–
(i) conform to the technical standards referenced in
subsection (a)(2)(A) of such section 508, as determined by
appropriate conformance testing; and
(ii) be accessible to and usable by individuals with
disabilities as determined from consultation with individ-
uals with disabilities, including those with visual, auditory,
tactile, and cognitive disabilities, or members of any dis-
ability organization; and
(B) provide guidance to agencies regarding the types and
format of data and information to be submitted to the Director
and the Administrator pursuant to paragraph (3), including
how to submit such data and information, the metrics by which
compliance will be assessed in the reports required in sub-
section (b), and any other directions necessary for agencies
to demonstrate compliance with accessibility standards for elec-
tronic and information technology procured and in use within
an agency, as required by such section 508.
(3) Not later than 225 days after the date of enactment of
this Act, the head of each agency shall—
(A) evaluate the extent to which the electronic and informa-
tion technology of the agency are accessible to and usable
by individuals with disabilities described in subsection (a)(1)
of such section 508 compared to the access to and use of
the technology and services by individuals described in such
section who are not individuals with disabilities;
(B) evaluate the electronic and information technology of
the agency in accordance with the criteria and instructions
provided in paragraph (1); and
(C) submit a report containing the evaluations jointly to
the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator, in consultation
with the Director, shall prepare and submit to the Committees
on Appropriations and Homeland Security and Governmental
Affairs of the Senate and the Committees on Appropriations and
Oversight and Reform of the House of Representatives a report
that shall include—
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by each
agency, and by the Federal Government generally, with the
criteria and instructions disseminated under subsection (a)(1);
H. R. 2617—262
(B) a detailed description of the actions, activities, and
other efforts made by the Administrator over the year preceding
submission to support such compliance at agencies and any
planned efforts in the coming year to improve compliance at
agencies; and
(C) a list of recommendations that agencies or Congress
may take to help support that compliance.
(2) The Administrator shall ensure that the reports required
under this subsection are made available on a public website and
are maintained as an open Government data asset (as that term
is defined in section 3502 of title 44, United States Code).
SEC. 753. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Federal Citizen Services Fund’’ with the approval
of the Director of the Office of Management and Budget, funds
made available for the current fiscal year by this or any other
Act, including rebates from charge card and other contracts: Pro-
vided, That these funds, in addition to amounts otherwise available,
shall be administered by the Administrator of General Services
to carry out the purposes of the Federal Citizen Services Fund
and to support Government-wide and other multi-agency financial,
information technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal agencies
to take advantage of information technology in sharing information:
Provided further, That the total funds transferred or reimbursed
shall not exceed $15,000,000 for such purposes: Provided further,
That the funds transferred to or for reimbursement of ‘‘General
Services Administration, Federal Citizen Services Fund’’ during
fiscal year 2023 shall remain available for obligation through Sep-
tember 30, 2024: Provided further, That not later than 90 days
after enactment of this Act, the Administrator of General Services,
in consultation with the Director of the Office of Management
and Budget, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed spend
plan for the funds to be transferred or reimbursed: Provided further,
That the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the esti-
mate of amounts to be transferred or reimbursed in fiscal year
2023; (ii) a detailed breakdown of the purposes for all funds esti-
mated to be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff whose
salaries are provided for by this section); and (iii) where applicable,
a description of the funds intended for use by or for the implementa-
tion of specific laws passed by Congress: Provided further, That
no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 754. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
H. R. 2617—263
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judg-
ments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legisla-
tion pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2023, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be avail-
able for obligation or expenditures for an agency through a re-
programming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsi-
bility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
prior approval is received from the Committees on Appropria-
tions of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2023.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
H. R. 2617—264
(1) an officer or employee of the Metropolitan Police Depart-
ment who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Serv-
ices Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Secu-
rity and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Manage-
ment Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insur-
ance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the posses-
sion, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
H. R. 2617—265
SEC. 810. No funds available for obligation or expenditure by
the District of Columbia government under any authority shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2023 that is in the total
amount of the approved appropriation and that realigns all budg-
eted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in pro-
gram requirements.
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds trans-
ferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once trans-
ferred or reprogrammed, shall retain appropriation authority con-
sistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from appropria-
tions of Federal funds made available for salaries and expenses
for fiscal year 2023 in this Act, shall remain available through
September 30, 2024, for each such account for the purposes author-
ized: Provided, That a request shall be submitted to the Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,
H. R. 2617—266
That these requests shall be made in compliance with reprogram-
ming guidelines outlined in section 803 of this Act.
SEC. 816. (a)(1) During fiscal year 2024, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act referred
to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a proposed
budget is approved for fiscal year 2024 which (subject to the require-
ments of the District of Columbia Home Rule Act) will constitute
the local portion of the annual budget for the District of Columbia
government for fiscal year 2024 for purposes of section 446 of
the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
Code).
(b) Appropriations made by subsection (a) shall cease to be
available—
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2024 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2024 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9–1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ‘‘Long Bridge Project’’ means the
project carried out by the District of Columbia and the Common-
wealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
H. R. 2617—267
SEC. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on Appro-
priations of the House of Representatives and the Senate a quarterly
budget report that includes total obligations of the Agency for
that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
SEC. 819. (a)(1) Section 11–2604(a), District of Columbia Official
Code, is amended by striking ‘‘at a fixed rate of $90 per hour’’
and inserting ‘‘an hourly rate not to exceed the rate payable under
section 3006A(d)(1) of title 18, United States Code’’.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the date
of the enactment of this Act.
(b)(1) Section 11–2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ‘‘(or, in the case
of investigative services, a fixed rate of $25 per hour)’’ each place
it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with cases
and proceedings initiated on or after the date of the enactment
of this Act.
SEC. 820. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and Gen-
eral Government Appropriations Act, 2023’’.
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE,
SITUATIONAL AWARENESS, AND OVERSIGHT
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
OPERATIONS AND SUPPORT
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $336,746,000;
of which $18,862,000 shall remain available until September 30,
2024: Provided, That not to exceed $30,000 shall be for official
reception and representation expenses: Provided further, That
$5,000,000 shall be withheld from obligation until the Secretary
submits, to the Committees on Appropriations of the Senate and
the House of Representatives, responses to all questions for the
record for each hearing on the fiscal year 2024 budget submission
for the Department of Homeland Security held by such Committees
prior to July 1.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improve-
ments, $8,048,000, to remain available until September 30, 2025.
H. R. 2617—268
FEDERAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, con-
tracts, cooperative agreements, and other activities, $40,000,000,
which shall be transferred to ‘‘Federal Emergency Management
Agency—Federal Assistance’’, of which $20,000,000 shall be for
targeted violence and terrorism prevention grants and of which
$20,000,000, to remain available until September 30, 2024, shall
be for the Alternatives to Detention Case Management pilot pro-
gram.
MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet modernization,
$1,743,160,000: Provided, That not to exceed $2,000 shall be for
official reception and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $325,245,000, of
which $137,245,000 shall remain available until September 30,
2025, and of which $188,000,000 shall remain available until Sep-
tember 30, 2027.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service.
INTELLIGENCE, ANALYSIS, AND SITUATIONAL AWARENESS
OPERATIONS AND SUPPORT
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $316,640,000, of which $95,273,000 shall
remain available until September 30, 2024: Provided, That not
to exceed $3,825 shall be for official reception and representation
expenses and not to exceed $2,000,000 is available for facility needs
associated with secure space at fusion centers, including improve-
ments to buildings.
OFFICE OF THE INSPECTOR GENERAL
OPERATIONS AND SUPPORT
For necessary expenses of the Office of the Inspector General
for operations and support, $214,879,000: Provided, That not to
exceed $300,000 may be used for certain confidential operational
H. R. 2617—269
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2023, to the Inspector General
of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competi-
tion during fiscal years 2022 or 2023.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2024.
SEC. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations of the Department
for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the
appropriation.
SEC. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes,
which shall be specified in terms of cost, schedule, and performance.
SEC. 104. (a) The Secretary of Homeland Security, in consulta-
tion with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9705(g)(4)(B) of title 31, United States Code, from the Department
of the Treasury Forfeiture Fund to any agency within the Depart-
ment of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfer.
SEC. 105. All official costs associated with the use of Govern-
ment aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Office of the
Secretary.
SEC. 106. (a) The Under Secretary for Management shall brief
the Committees on Appropriations of the Senate and the House
of Representatives not later than 45 days after the end of each
fiscal quarter on all Level 1 and Level 2 acquisition programs
on the Master Acquisition Oversight list between Acquisition Deci-
sion Event and Full Operational Capability, including programs
that have been removed from such list during the preceding quarter.
(b) For each such program, the briefing described in subsection
(a) shall include—
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
H. R. 2617—270
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current
acquisition program baseline;
(3) the Acquisition Review Board status, including—
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program’s current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including—
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account
or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors;
and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs described
in this section to the Committees on Appropriations of the Senate
and the House of Representatives not later than five business
days after the date of approval of such memorandum by the Under
Secretary for Management or the designee of the Under Secretary.
SEC. 107. (a) None of the funds made available to the Depart-
ment of Homeland Security in this Act or prior appropriations
Acts may be obligated for any new pilot or demonstration unless
the component or office carrying out such pilot or demonstration
has documented the information described in subsection (c).
(b) Prior to the obligation of any such funds made available
for ‘‘Operations and Support’’ for a new pilot or demonstration,
the Under Secretary for Management shall provide a report to
the Committees on Appropriations of the Senate and the House
of Representatives on the information described in subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following—
(1) documented objectives that are well-defined and meas-
urable;
H. R. 2617—271
(2) an assessment methodology that details—
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost esti-
mates, and implementation schedules, including a projected
end date.
(d) Not later than 90 days after the date of completion of
a pilot or demonstration described in subsection (e) the Under
Secretary for Management shall provide a report to the Committees
on Appropriations of the Senate and the House of Representatives
detailing lessons learned, actual costs, any planned expansion or
continuation of the pilot or demonstration, and any planned transi-
tion of such pilot or demonstration into an enduring program or
operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that—
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse events,
and improve upon the design of an effort prior to implementa-
tion of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not include
congressionally directed programs or enhancements and does
not include programs that were in operation as of March 15,
2022.
(f) For the purposes of this section, a pilot or demonstration
does not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or dem-
onstration carried out by a non-federal recipient under any financial
assistance agreement funded by the Department.
SEC. 108. Of the amount made available by section 4005 of
the American Rescue Plan Act of 2021 (Public Law 117–2),
$14,000,000 shall be transferred to ‘‘Office of Inspector General—
Operations and Support’’ for oversight of the use of funds made
available under such section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS AND BORDER PROTECTION
OPERATIONS AND SUPPORT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of unaccom-
panied alien minors; the provision of air and marine support to
Federal, State, local, and international agencies in the enforcement
or administration of laws enforced by the Department of Homeland
Security; at the discretion of the Secretary of Homeland Security,
the provision of such support to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts; the
H. R. 2617—272
purchase and lease of up to 7,500 (6,500 for replacement only)
police-type vehicles; the purchase, maintenance, or operation of
marine vessels, aircraft, and unmanned aerial systems; and con-
tracting with individuals for personal services abroad;
$15,590,694,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2024; and of
which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not
to exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That $800,000,000 shall be
transferred to ‘‘Federal Emergency Management Agency—Federal
Assistance’’ to support sheltering and related activities provided
by non-Federal entities, including facility improvements and
construction, in support of relieving overcrowding in short-term
holding facilities of U.S. Customs and Border Protection, of which
not to exceed $11,200,000 shall be for the administrative costs
of the Federal Emergency Management Agency: Provided further,
That not to exceed $5,000,000 may be transferred to the Bureau
of Indian Affairs for the maintenance and repair of roads on Native
American reservations used by the U.S. Border Patrol: Provided
further, That of the amounts made available under this heading
for the Executive Leadership and Oversight program, project, and
activity, as outlined in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), $5,000,000 shall not be available for obligation until the
reports concerning human capital strategic plans and the Office
of Field Operations workload staffing model that are directed in
such explanatory statement are submitted to the Committees on
Appropriations of the Senate and the House of Representatives.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial sys-
tems, $581,558,000, of which $481,658,000 shall remain available
until September 30, 2025; and of which $99,900,000 shall remain
available until September 30, 2027.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
OPERATIONS AND SUPPORT
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-type
H. R. 2617—273
vehicles; overseas vetted units; and maintenance, minor construc-
tion, and minor leasehold improvements at owned and leased facili-
ties; $8,396,305,000; of which not less than $6,000,000 shall remain
available until expended for efforts to enforce laws against forced
child labor; of which $46,696,000 shall remain available until Sep-
tember 30, 2024; of which not less than $2,000,000 is for paid
apprenticeships for participants in the Human Exploitation Rescue
Operative Child-Rescue Corps; of which not less than $15,000,000
shall be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than
$4,181,786,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied alien minors:
Provided, That not to exceed $11,475 shall be for official reception
and representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081): Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the United
States: Provided further, That of the amounts made available under
this heading for the Executive Leadership and Oversight program,
project, and activity, as outlined in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), $5,000,000 shall not be available for obligation
until the reports directed under this heading in the explanatory
statements accompanying Public Laws 116–6, 116–93, and 117–
103 have been submitted to the Committees on Appropriations
of the Senate and the House of Representatives.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$22,997,000, to remain available until September 30, 2025.
TRANSPORTATION SECURITY ADMINISTRATION
OPERATIONS AND SUPPORT
For necessary expenses of the Transportation Security Adminis-
tration for operations and support, $8,798,363,000, to remain avail-
able until September 30, 2024: Provided, That not to exceed $7,650
shall be for official reception and representation expenses: Provided
further, That security service fees authorized under section 44940
of title 49, United States Code, shall be credited to this appropria-
tion as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2023 so as to result in a final fiscal year appropriation from
the general fund estimated at not more than $6,308,363,000.
H. R. 2617—274
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Transportation Security Adminis-
tration for procurement, construction, and improvements,
$141,645,000, to remain available until September 30, 2025.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Transportation Security Adminis-
tration for research and development, $33,532,000, to remain avail-
able until September 30, 2024.
COAST GUARD
OPERATIONS AND SUPPORT
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of not more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase, lease, or improvements of boats
necessary for overseas deployments and activities; payments pursu-
ant to section 156 of Public Law 97–377 (42 U.S.C. 402 note;
96 Stat. 1920); and recreation and welfare; $9,700,478,000, of which
$530,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000
shall remain available until September 30, 2025; of which
$24,359,000 shall remain available until September 30, 2027, for
environmental compliance and restoration; and of which
$70,000,000 shall remain available until September 30, 2024, which
shall only be available for vessel depot level maintenance: Provided,
That not to exceed $23,000 shall be for official reception and rep-
resentation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equip-
ment related thereto, $1,669,650,000, to remain available until Sep-
tember 30, 2027; of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
RESEARCH AND DEVELOPMENT
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and oper-
ation of facilities and equipment; $7,476,000, to remain available
until September 30, 2025, of which $500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That there may be credited to and used
H. R. 2617—275
for the purposes of this appropriation funds received from State
and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, develop-
ment, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, payment of
continuation pay under section 356 of title 37, United States Code,
concurrent receipts, combat-related special compensation, and pay-
ments for medical care of retired personnel and their dependents
under chapter 55 of title 10, United States Code, $2,044,414,000,
to remain available until expended.
UNITED STATES SECRET SERVICE
OPERATIONS AND SUPPORT
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property
not in Government ownership or control, as may be necessary
to perform protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of behavioral
research in support of protective intelligence and operations; pay-
ment in advance for commercial accommodations as may be nec-
essary to perform protective functions; and payment, without regard
to section 5702 of title 5, United States Code, of subsistence
expenses of employees who are on protective missions, whether
at or away from their duty stations; $2,734,267,000; of which
$52,296,000 shall remain available until September 30, 2024, and
of which $6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children; and of which up
to $20,500,000 may be for calendar year 2022 premium pay in
excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services
Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law
116–269: Provided, That not to exceed $19,125 shall be for official
reception and representation expenses: Provided further, That not
to exceed $100,000 shall be to provide technical assistance and
equipment to foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States Secret
Service.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $83,888,000, to
remain available until September 30, 2025.
H. R. 2617—276
RESEARCH AND DEVELOPMENT
For necessary expenses of the United States Secret Service
for research and development, $4,025,000, to remain available until
September 30, 2024.
ADMINISTRATIVE PROVISIONS
SEC. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115–141), related
to overtime compensation limitations, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
‘‘fiscal year 2023’’ shall be substituted for ‘‘fiscal year 2018’’.
SEC. 202. Funding made available under the headings ‘‘U.S.
Customs and Border Protection—Operations and Support’’ and ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’ shall be available for customs expenses when nec-
essary to maintain operations and prevent adverse personnel actions
in Puerto Rico and the U.S. Virgin Islands, in addition to funding
provided by sections 740 and 1406i of title 48, United States Code.
SEC. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public
Law 112–42), fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 204. (a) For an additional amount for ‘‘U.S. Customs
and Border Protection—Operations and Support’’, $31,000,000, to
remain available until expended, to be reduced by amounts collected
and credited to this appropriation in fiscal year 2023 from amounts
authorized to be collected by section 286(i) of the Immigration
and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
section 817 of the Trade Facilitation and Trade Enforcement Act
of 2015 (Public Law 114–125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall
be credited to this appropriation, to remain available until
expended.
SEC. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals trans-
porting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 206. (a) Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
H. R. 2617—277
the transportation of crude oil distributed from and to the Strategic
Petroleum Reserve until the Secretary of Homeland Security, after
consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for waivers
of navigation and vessel-inspection laws pursuant to section 501(b)
of title 46, United States Code, with respect to such transportation,
and the disposition of such requests.
SEC. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
SEC. 208. (a) Not later than 90 days after the date of enactment
of this Act, the Commissioner of U.S. Customs and Border Protec-
tion shall submit an expenditure plan for any amounts made avail-
able for ‘‘U.S. Customs and Border Protection—Procurement,
Construction, and Improvements’’ in this Act and prior Acts to
the Committees on Appropriations of the Senate and the House
of Representatives.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
SEC. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116–260), prohib-
iting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this
Act in the same manner as such section applied to funds made
available in that Act.
SEC. 210. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of U.S.
Customs and Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expendi-
ture in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, may be used to
reduce anticipated or planned vetting operations at existing loca-
tions unless specifically authorized by a statute enacted after the
date of enactment of this Act.
SEC. 211. (a) Of the amounts transferred from ‘‘U.S. Customs
and Border Protection—Operations and Support’’ to ‘‘Federal Emer-
gency Management Agency—Federal Assistance’’ in this Act, up
to $785,000,000 may be made available for the emergency food
and shelter program under title II of the McKinney Vento Homeless
H. R. 2617—278
Assistance Act (42 U.S.C. 11331) for the purposes of providing
shelter and other services to families and individuals encountered
by the Department of Homeland Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up
to $50,000,000 of any amounts made available to the emergency
food and shelter program under subsection (a) may be used for
the construction and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made avail-
able for the purposes described in subsection (b) may be awarded
to the Emergency Food and Shelter Program National Board up
to 6 months after the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act, funds
made available under subsection (b) may be disbursed by the Emer-
gency Food and Shelter Program National Board up to 24 months
after the date on which such funds become available.
(e) Amounts made available under subsection (a) may be avail-
able for the reimbursement of costs incurred after June 30, 2022.
(f) The real property disposition requirements at 2 CFR
200.311(c) shall not apply to grants funded by the amounts trans-
ferred from ‘‘U.S. Customs and Border Protection—Operations and
Support’’ to ‘‘Federal Emergency Management Agency—Federal
Assistance’’ in this Act.
SEC. 212. Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’, $581,558,000 shall be available only as follows:
(1) $230,277,000 for the acquisition and deployment of
border security technologies;
(2) $126,047,000 for trade and travel assets and infrastruc-
ture;
(3) $99,900,000 for facility construction and improvements;
(4) $92,661,000 for integrated operations assets and infra-
structure; and
(5) $32,673,000 for mission support and infrastructure.
SEC. 213. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
SEC. 214. (a) None of the funds provided under the heading
‘‘U.S. Immigration and Customs Enforcement—Operations and Sup-
port’’ may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than ‘‘ade-
quate’’ or the equivalent median score in any subsequent perform-
ance evaluation system.
(b) The performance evaluations referenced in subsection (a)
shall be conducted by the U.S. Immigration and Customs Enforce-
ment Office of Professional Responsibility.
SEC. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 216. The reports required to be submitted under section
216 of the Department of Homeland Security Appropriations Act,
H. R. 2617—279
2021 (division F of Public Law 116–260) shall continue to be sub-
mitted semimonthly and each matter required to be included in
such reports by such section 216 shall apply in the same manner
and to the same extent during the period described in such section
216.
SEC. 217. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116–93) shall apply to this Act.
SEC. 218. Members of the United States House of Representa-
tives and the United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the United States Attorney
General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Execu-
tive Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
SEC. 219. Any award by the Transportation Security Adminis-
tration to deploy explosives detection systems shall be based on
risk, the airport’s current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness.
SEC. 220. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2023, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other trans-
action agreements for the purpose of funding projects described
in section 44923(a) of such title.
SEC. 221. Not later than 45 days after the submission of the
President’s budget proposal, the Administrator of the Transpor-
tation Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the
Senate and the Committees on Appropriations and Homeland Secu-
rity in the House of Representatives a single report that fulfills
the following requirements:
(1) a Capital Investment Plan, both constrained and uncon-
strained, that includes a plan for continuous and sustained
capital investment in new, and the replacement of aged,
transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113–245); and
(3) the Advanced Integrated Passenger Screening Tech-
nologies report as required by the Senate Report accompanying
the Department of Homeland Security Appropriations Act, 2019
(Senate Report 115–283).
SEC. 222. Section 225 of division A of Public Law 116–6 (49
U.S.C. 44901 note), relating to a pilot program for screening outside
of an existing primary passenger terminal screening area, is
amended in subsection (e) by striking ‘‘2023’’ and inserting ‘‘2025’’.
SEC. 223. (a) None of the funds made available by this Act
under the heading ‘‘Coast Guard—Operations and Support’’ shall
be for expenses incurred for recreational vessels under section 12114
of title 46, United States Code, except to the extent fees are collected
H. R. 2617—280
from owners of yachts and credited to the appropriation made
available by this Act under the heading ‘‘Coast Guard—Operations
and Support’’.
(b) To the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section 12114,
and there is a backlog of recreational vessel applications, personnel
performing non-recreational vessel documentation functions under
subchapter II of chapter 121 of title 46, United States Code, may
perform documentation under section 12114.
SEC. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of
such section, up to the following amounts may be reprogrammed
within ‘‘Coast Guard—Operations and Support’’—
(1) $10,000,000 to or from the ‘‘Military Personnel’’ funding
category; and
(2) $10,000,000 between the ‘‘Field Operations’’ funding
subcategories.
SEC. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a future-years capital investment plan as described in the second
proviso under the heading ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’ in the Department of Homeland Security Appro-
priations Act, 2015 (Public Law 114–4), which shall be subject
to the requirements in the third and fourth provisos under such
heading.
SEC. 226. Of the funds made available for defense-related activi-
ties under the heading ‘‘Coast Guard—Operations and Support’’,
up to $190,000,000 that are used for enduring overseas missions
in support of the global fight against terrorism may be reallocated
by program, project, and activity, notwithstanding section 503 of
this Act.
SEC. 227. None of the funds in this Act shall be used to
reduce the Coast Guard’s legacy Operations Systems Center mission
or its government-employed or contract staff levels.
SEC. 228. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Docu-
mentation Center.
SEC. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 230. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2023 shall be available until expended to carry
out the purposes of section 2946 of title 14, United States Code,
and shall be in addition to funds otherwise available for such
purposes.
SEC. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall
be used to charge a fee for an inspection of a towing vessel, as
H. R. 2617—281
defined in 46 CFR 136.110, that utilizes the Towing Safety Manage-
ment System option for a Certificate of Inspection issued under
subchapter M of title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Com-
mandant of the Coast Guard makes a determination under section
815(a) of the Frank LoBiondo Coast Guard Authorization Act of
2018 (Public Law 115–282) and, as necessary based on such deter-
mination, carries out the requirements of section 815(b) of such
Act.
SEC. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available
under the heading ‘‘United States Secret Service—Operations and
Support’’ at the end of the fiscal year.
SEC. 233. (a) None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter
into agreements to provide such protection on a fully reimbursable
basis.
SEC. 234. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ‘‘United States Secret
Service—Operations and Support’’.
SEC. 235. Funding made available in this Act for ‘‘United States
Secret Service—Operations and Support’’ is available for travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if the Director of the United States Secret Service
or a designee notifies the Committees on Appropriations of the
Senate and the House of Representatives 10 or more days in
advance, or as early as practicable, prior to such expenditures.
SEC. 236. Of the amounts made available by this Act under
the heading ‘‘United States Secret Service—Operations and Sup-
port’’, $23,000,000, to remain available until expended, shall be
distributed as a grant or cooperative agreement for existing
National Computer Forensics Institute facilities currently used by
the United States Secret Service to carry out activities under section
383 of title 6, United States Code, of which not to exceed 5 percent,
or the applicable negotiated rate, shall be for the administrative
costs of the Department of Homeland Security in carrying out
this section.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
OPERATIONS AND SUPPORT
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,350,559,000, of
which $36,293,000 shall remain available until September 30, 2024:
H. R. 2617—282
Provided, That not to exceed $5,500 shall be for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$549,148,000, of which $522,048,000 shall remain available until
September 30, 2025, and of which $27,100,000 shall remain avail-
able until September 30, 2027.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $7,431,000, to
remain available until September 30, 2024.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,379,680,000: Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$207,730,000, of which $130,425,000 shall remain available until
September 30, 2025, and of which $77,305,000 shall remain avail-
able until September 30, 2027.
FEDERAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agree-
ments, and other activities, $3,882,014,000, which shall be allocated
as follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $90,000,000 shall be for Oper-
ation Stonegarden and $15,000,000 shall be for Tribal Home-
land Security Grants under section 2005 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2023,
the Commonwealth of Puerto Rico shall make available to
local and tribal governments amounts provided to the Common-
wealth of Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant Program
under sections 2003 and 2004 of the Homeland Security Act
H. R. 2617—283
of 2002 (6 U.S.C. 604 and 605), of which $152,500,000 is for
eligible recipients located in high-risk urban areas that receive
funding under section 2003 of such Act and $152,500,000 is
for eligible recipients that are located outside such areas: Pro-
vided, That eligible recipients are those described in section
2009(b) of such Act (6 U.S.C. 609a(b)) or are an otherwise
eligible recipient at risk of a terrorist or other extremist attack.
(4) $105,000,000 for Public Transportation Security Assist-
ance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of
the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30,
2024, of which $360,000,000 shall be for Assistance to Fire-
fighter Grants and $360,000,000 shall be for Staffing for Ade-
quate Fire and Emergency Response Grants under sections
33 and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earth-
quake Hazards Reduction Act of 1977 (42 U.S.C. 7701), section
762 of title 6, United States Code, and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood Insur-
ance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared mapping
activities under section 1360(f)(2) of the National Flood Insur-
ance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(9) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(10) $130,000,000 for the emergency food and shelter pro-
gram under title III of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11331), to remain available until September
30, 2024: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $56,000,000 for the Next Generation Warning System.
(12) $335,145,000 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table entitled
‘‘Community Project Funding/Congressionally Directed
Spending’’ under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which—
(A) $86,140,285, in addition to amounts otherwise
made available for such purpose, is for emergency oper-
ations center grants under section 614 of the Robert T.
H. R. 2617—284
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c);
(B) $233,043,782, in addition to amounts otherwise
made available for such purpose, is for pre-disaster mitiga-
tion grants under section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(e), notwithstanding subsections (f), (g), and (l) of that
section (42 U.S.C. 5133(f), (g), (l)); and
(C) $15,960,933 is for management and administration
costs of recipients.
(13) $316,119,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
DISASTER RELIEF FUND
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $19,945,000,000, to remain available until expended, shall
be for major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for disaster
relief pursuant to a concurrent resolution on the budget in the
Senate and section 1(f) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Home-
owner Flood Insurance Affordability Act of 2014 (Public Law 113–
89; 128 Stat. 1020), $225,000,000, to remain available until Sep-
tember 30, 2024, which shall be derived from offsetting amounts
collected under section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)); of which $18,500,000 shall be
available for mission support associated with flood management;
and of which $206,500,000 shall be available for flood plain manage-
ment and flood mapping: Provided, That any additional fees col-
lected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain manage-
ment and flood mapping: Provided further, That in fiscal year
2023, no funds shall be available from the National Flood Insurance
Fund under section 1310 of the National Flood Insurance Act of
1968 (42 U.S.C. 4017) in excess of—
(1) $223,770,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
H. R. 2617—285
and section 1366(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e)), shall be deposited in the National Flood Insur-
ance Fund to supplement other amounts specified as available
for section 1366 of the National Flood Insurance Act of 1968,
notwithstanding section 102(f)(8), section 1366(e) of the National
Flood Insurance Act of 1968, and paragraphs (1) through (3) of
section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e),
4104d(b)(1)–(3)): Provided further, That total administrative costs
shall not exceed 4 percent of the total appropriation: Provided
further, That up to $5,000,000 is available to carry out section
24 of the Homeowner Flood Insurance Affordability Act of 2014
(42 U.S.C. 4033).
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Funds made available under the heading ‘‘Cybersecu-
rity and Infrastructure Security Agency—Operations and Support’’
may be made available for the necessary expenses of procuring
or providing access to cybersecurity threat feeds for branches, agen-
cies, independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
state, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C.
124h), and Information and Analysis Organizations.
SEC. 302. (a) The Director of the Cybersecurity and Infrastruc-
ture Security Agency (or the Director’s designee) shall provide the
briefings to the Committees on Appropriations of the Senate and
the House of Representatives described under the heading ‘‘Quar-
terly Budget and Staffing Briefings’’ in the explanatory statement
for division F of Public Law 117–103 described in section 4 in
the matter preceding division A of such Public Law—
(1) with respect to the first quarter of fiscal year 2023,
not later than the later of 30 days after the date of enactment
of this Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in fiscal
year 2023, not later than 21 days after the end of each such
quarter.
(b) In the event that any such briefing required during this
fiscal year under subsection (a) is not provided, the amount made
available in title III to the Cybersecurity and Infrastructure Secu-
rity Agency under the heading ‘‘Operations and Support’’ shall
be reduced by $50,000 for each day of noncompliance with sub-
section (a), and the amount made available under such heading
and specified in the detailed funding table in the explanatory state-
ment for this division described in section 4 (in the matter preceding
division A of this consolidated Act) for Management and Business
Activities shall be correspondingly reduced by an equivalent
amount.
SEC. 303. (a) Notwithstanding section 2008(a)(12) of the Home-
land Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision
of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (5) under ‘‘Federal Emergency
Management Agency—Federal Assistance’’, may be used by the
recipient for expenses directly related to administration of the grant.
H. R. 2617—286
(b) The authority provided in subsection (a) shall also apply
to a state recipient for the administration of a grant under such
paragraph (3).
SEC. 304. Notwithstanding section 2004(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of ‘‘total
funds appropriated for grants under this section and section 2003’’
in each place that it appears shall not include any funds provided
for the Nonprofit Security Grant Program in paragraph (3) under
the heading ‘‘Federal Emergency Management Agency—Federal
Assistance’’ in this Act.
SEC. 305. Applications for grants under the heading ‘‘Federal
Emergency Management Agency—Federal Assistance’’, for para-
graphs (1) through (5), shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application.
SEC. 306. (a) Under the heading ‘‘Federal Emergency Manage-
ment Agency—Federal Assistance’’, for grants under paragraphs
(1) through (5) and (9), the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations
of the Senate and the House of Representatives 5 full business
days in advance of announcing publicly the intention of making
an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing, $1,000,000 of
amounts appropriated by this Act for ‘‘Federal Emergency Manage-
ment Agency—Operations and Support’’ shall be rescinded.
SEC. 307. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
SEC. 308. The reporting requirements in paragraphs (1) and
(2) under the heading ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’ in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114–4), related to reporting
on the Disaster Relief Fund, shall be applied in fiscal year 2023
with respect to budget year 2024 and current fiscal year 2023,
respectively—
(1) in paragraph (1) by substituting ‘‘fiscal year 2024’’ for
‘‘fiscal year 2016’’; and
(2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC. 309. In making grants under the heading ‘‘Federal Emer-
gency Management Agency—Federal Assistance’’, for Staffing for
Adequate Fire and Emergency Response grants, the Administrator
of the Federal Emergency Management Agency may grant waivers
from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a).
SEC. 310. (a) The aggregate charges assessed during fiscal
year 2023, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the Depart-
ment of Homeland Security to be necessary for its Radiological
Emergency Preparedness Program for the next fiscal year.
H. R. 2617—287
(b) The methodology for assessment and collection of fees shall
be fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will
become available for authorized purposes on October 1, 2023, and
remain available until expended.
SEC. 311. In making grants under the heading ‘‘Federal Emer-
gency Management Agency—Federal Assistance’’, for Assistance to
Firefighter Grants, the Administrator of the Federal Emergency
Management Agency may waive subsection (k) of section 33 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. CITIZENSHIP AND IMMIGRATION SERVICES
OPERATIONS AND SUPPORT
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support, including for the E-Verify
Program and for the Refugee and International Operations Pro-
grams, $242,981,000: Provided, That such amounts shall be in
addition to any other amounts made available for such purposes,
and shall not be construed to require any reduction of any fee
described in section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)): Provided further, That not to exceed $5,000
shall be for official reception and representation expenses.
FEDERAL ASSISTANCE
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and Integration
Grant Program, $25,000,000, to remain available until September
30, 2024.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
OPERATIONS AND SUPPORT
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the purchase
of not to exceed 117 vehicles for police-type use and hire of pas-
senger motor vehicles, and services as authorized by section 3109
of title 5, United States Code, $354,552,000, of which $66,665,000
shall remain available until September 30, 2024: Provided, That
not to exceed $7,180 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and improvements,
$51,995,000, to remain available until September 30, 2027, for
acquisition of necessary additional real property and facilities,
H. R. 2617—288
construction and ongoing maintenance, facility improvements and
related expenses of the Federal Law Enforcement Training Centers.
SCIENCE AND TECHNOLOGY DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the Science and Technology Direc-
torate for operations and support, including the purchase or lease
of not to exceed 5 vehicles, $384,107,000, of which $219,897,000
shall remain available until September 30, 2024: Provided, That
not to exceed $10,000 shall be for official reception and representa-
tion expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Science and Technology Direc-
torate for procurement, construction, and improvements,
$55,216,000, to remain available until September 30, 2027.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Science and Technology Direc-
torate for research and development, $461,218,000, to remain avail-
able until September 30, 2025.
COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
OPERATIONS AND SUPPORT
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000, of
which $50,446,000 shall remain available until September 30, 2024:
Provided, That not to exceed $2,250 shall be for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improve-
ments, $75,204,000, to remain available until September 30, 2025.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,615,000, to
remain available until September 30, 2025.
FEDERAL ASSISTANCE
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $139,183,000, to
remain available until September 30, 2025.
H. R. 2617—289
ADMINISTRATIVE PROVISIONS
SEC. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Serv-
ices may be used to acquire, operate, equip, and dispose of up
to 5 vehicles, for replacement only, for areas where the Adminis-
trator of General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services
may authorize employees who are assigned to those areas to use
such vehicles to travel between the employees’ residences and places
of employment.
SEC. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Manage-
ment and Budget Circular A–76 for services provided by employees
(including employees serving on a temporary or term basis) of
U.S. Citizenship and Immigration Services of the Department of
Homeland Security who are known as Immigration Information
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
SEC. 403. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and Immigration
Services may be used for the collection and use of biometrics taken
at a U.S. Citizenship and Immigration Services Application Support
Center that is overseen virtually by U.S. Citizenship and Immigra-
tion Services personnel using appropriate technology.
SEC. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal law
enforcement agencies for expenses incurred participating in training
accreditation.
SEC. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 406. (a) The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ‘‘Procurement,
Construction, and Improvements’’ account from Government agen-
cies requesting the construction of special use facilities, as author-
ized by the Economy Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall main-
tain administrative control and ownership upon completion of such
facilities.
SEC. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
H. R. 2617—290
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the components in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2023, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the components funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that—
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently per-
formed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the Presi-
dent’s budget proposal for fiscal year 2023 for the Department
of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appro-
priations of the Senate and the House of Representatives are noti-
fied at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
(e) The notification thresholds and procedures set forth in sub-
sections (a), (b), (c), and (d) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts that remain available for obligation
in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the Depart-
ment of Homeland Security: Provided, That the Secretary shall
H. R. 2617—291
notify the Committees on Appropriations of the Senate and the
House of Representatives at least 5 days in advance of such transfer.
SEC. 504. (a) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law 115–
31), related to the operations of a working capital fund, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from components
of the Department of Homeland Security.
SEC. 505. (a) Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2023, as recorded in the financial records
at the time of a reprogramming notification, but not later than
June 30, 2024, from appropriations for ‘‘Operations and Support’’
for fiscal year 2023 in this Act shall remain available through
September 30, 2024, in the account and for the purposes for which
the appropriations were provided.
(b) Prior to the obligation of such funds, a notification shall
be submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section 503
of this Act.
SEC. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2023 until the enactment of
an Act authorizing intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
‘‘Intelligence, Analysis, and Situational Awareness—Operations and
Support’’ that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made
available under the heading ‘‘Management Directorate—Operations
and Support’’.
(c) Prior to the obligation of any funds transferred under sub-
section (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives
on a plan for the use of such funds.
SEC. 507. (a) The Secretary of Homeland Security, or the des-
ignee of the Secretary, shall notify the Committees on Appropria-
tions of the Senate and the House of Representatives at least
3 full business days in advance of—
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction agree-
ment, or task or delivery order on a Department of Homeland
Security multiple award contract, or to issue a letter of intent
totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an obliga-
tion of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
H. R. 2617—292
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(c) A notification under this section—
(1) may not involve funds that are not available for obliga-
tion; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers’ facili-
ties.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the develop-
ment of a proposed prospectus.
SEC. 510. No Federal funds may be available to pay the salary
of any employee serving as a contracting officer’s representative,
or anyone acting in a similar capacity, who has not received con-
tracting officer’s representative training.
SEC. 511. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110–
161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections
applied to funds made available in that Act.
SEC. 512. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of the
Buy American Act.
(b) For purposes of subsection (a), the term ‘‘Buy American
Act’’ means chapter 83 of title 41, United States Code.
SEC. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 514. None of the funds provided or otherwise made avail-
able in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
SEC. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 516. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
H. R. 2617—293
SEC. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
SEC. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory perform-
ance or performance that does not meet the basic requirements
of a contract.
SEC. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, territorial, or local law enforce-
ment agency or any other entity carrying out criminal investiga-
tions, prosecution, or adjudication activities.
SEC. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into with-
out regard to the above referenced statutes.
SEC. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual is
an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 523. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single inter-
national conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination.
(b) For purposes of this section the term ‘‘international con-
ference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or non-
governmental organizations.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel
away from their permanent duty station within the United States
shall not be counted for purposes of this section, and the prohibition
contained in this section shall not apply to payments for the costs
of attendance for such employees.
H. R. 2617—294
SEC. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 525. (a) None of the funds made available to the Depart-
ment of Homeland Security by this or any other Act may be obli-
gated for the implementation of any structural pay reform or the
introduction of any new position classification that will affect more
than 100 full-time positions or costs more than $5,000,000 in a
single year before the end of the 30-day period beginning on the
date on which the Secretary of Homeland Security submits to
Congress a notification that includes—
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Pro-
gram;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Depart-
ment.
(b) Subsection (a) shall not apply to such change if—
(1) it was proposed in the President’s budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
SEC. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Committees on Appropriations of the Senate and the House
of Representatives in this Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the Committees
on Appropriations of the Senate and the House of Representatives
for not less than 45 days except as otherwise specified in law.
SEC. 527. (a) Funding provided in this Act for ‘‘Operations
and Support’’ may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ‘‘minor’’ refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
SEC. 528. The authority provided by section 532 of the Depart-
ment of Homeland Security Appropriations Act, 2018 (Public Law
115–141) regarding primary and secondary schooling of dependents
shall continue in effect during fiscal year 2023.
SEC. 529. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility oper-
ated by or for the Department of Homeland Security used to detain
or otherwise house aliens, or to make any temporary modification
at any such facility that in any way alters what is observed by
H. R. 2617—295
a visiting Member of Congress or such designated employee, com-
pared to what would be observed in the absence of such modifica-
tion:
(1) A Member of Congress.
(2) An employee of the United States House of Representa-
tives or the United States Senate designated by such a Member
for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to enter
a facility described in subsection (a) for the purpose of conducting
oversight.
(c) With respect to individuals described in subsection (a)(2),
the Department of Homeland Security may require that a request
be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).
SEC. 530. (a) For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $3,000,000, to remain
available until September 30, 2024, exclusively for providing
reimbursement of extraordinary law enforcement or other emer-
gency personnel costs for protection activities directly and demon-
strably associated with any residence of the President that is des-
ignated or identified to be secured by the United States Secret
Service.
(b) Subsections (b) through (f) of section 534 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115–
141), shall be applied with respect to amounts made available
by subsection (a) of this section by substituting ‘‘October 1, 2023’’
for ‘‘October 1, 2018’’ and ‘‘October 1, 2022’’ for ‘‘October 1, 2017’’.
SEC. 531. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place restraints
on a woman in the custody of the Department of Homeland Security
(including during transport, in a detention facility, or at an outside
medical facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if—
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman—
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other means;
or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as determined
by the appropriate medical professional treating the woman, may
be used. In no case may restraints be used on a woman who
is in active labor or delivery, and in no case may a pregnant
woman be restrained in a face-down position with four-point
restraints, on her back, or in a restraint belt that constricts the
area of the pregnancy. A pregnant woman who is immobilized
by restraints shall be positioned, to the maximum extent feasible,
on her left side.
H. R. 2617—296
SEC. 532. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other record
pertaining to any—
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption com-
mitted by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual
who has been charged with a crime, been placed into segregation,
or otherwise punished as a result of an allegation described in
paragraph (3), upon the request of such individual.
SEC. 533. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to any
Federal funds in the same manner as such section applied to
funds made available in that Act.
SEC. 534. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Under Secretary for Management of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives a report on the unfunded priorities,
for the Department of Homeland Security and separately for each
departmental component, for which discretionary funding would
be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority—
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions
to be funded as part of such priority.
(c) In this section, the term ‘‘unfunded priority’’, in the case
of a fiscal year, means a requirement that—
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through
the budget referred to in subsection (a) if—
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
H. R. 2617—297
SEC. 535. (a) Not later than 10 days after a determination
is made by the President to evaluate and initiate protection under
any authority for a former or retired Government official or
employee, or for an individual who, during the duration of the
directed protection, will become a former or retired Government
official or employee (referred to in this section as a ‘‘covered indi-
vidual’’), the Secretary of Homeland Security shall submit a notifica-
tion to congressional leadership and the Committees on Appropria-
tions of the Senate and the House of Representatives, the Commit-
tees on the Judiciary of the Senate and the House of Representa-
tives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Oversight
and Reform of the House of Representatives (referred to in this
section as the ‘‘appropriate congressional committees’’).
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National Intel-
ligence or the Director of the Federal Bureau of Investigation,
as appropriate, and shall include the threat assessment, scope
of the protection, and the anticipated cost and duration of such
protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the exten-
sion or termination and any change to the threat assessment to
the congressional leadership and the appropriate congressional
committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall submit a
report to the congressional leadership and the appropriate congres-
sional committees, which may be submitted in classified form, if
necessary, detailing each covered individual, and the scope and
associated cost of protection.
SEC. 536. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the Technology
Modernization Fund (as authorized by section 1078 of subtitle G
of title X of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91)) unless, concurrent with the submis-
sion of an initial project proposal to the Technology Modernization
Board, the head of the agency—
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy
of the project proposal; and
(3) provides a detailed analysis of how the proposed project
funding would supplement or supplant funding requested as
part of the Department’s most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available
for obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate
and the House of Representatives.
(c) The report described in subsection (b) shall include—
(1) the full project proposal submitted to and approved
by the Fund’s Technology Modernization Board;
H. R. 2617—298
(2) the finalized interagency agreement between the
Department and the Fund including the project’s deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
SEC. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that assumes
revenues or proposes a reduction from the previous year based
on user fees proposals that have not been enacted into law prior
to the submission of the budget, the Secretary of Homeland Security
shall provide the Committees on Appropriations of the Senate and
the House of Representatives specific reductions in proposed discre-
tionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior
to October 1, 2023.
SEC. 538. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 539. No Federal funds made available to the Department
of Homeland Security may be used to enter into a procurement
contract, memorandum of understanding, or cooperative agreement
with, or make a grant to, or provide a loan or guarantee to, any
entity identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283) or any subsidiary of such entity.
SEC. 540. Section 205 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135) is amended—
(1) in subsection (d)—
(A) in paragraph (2)—
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by adding
‘‘and’’; and
(iii) at the end of subparagraph (B), by striking
‘‘; and’’ and inserting a period;
(B) in paragraph (3)(D), by striking ‘‘local governments,
insular areas, and Indian tribal governments’’ and inserting
‘‘local governments and Tribal governments’’; and
(C) by striking paragraph (4); and
(2) in subsection (m)—
(A) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.’’;
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph (9).
SEC. 541. For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations
Center grant under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c), in addition
H. R. 2617—299
to amounts otherwise available, for the project identified as the
‘‘Vermilion Safe Room’’ in the table entitled ‘‘Homeland Incorpora-
tion of Community Project Funding Items/Congressionally Directed
Spending Items’’ under the heading ‘‘Federal Emergency Manage-
ment Agency—Federal Assistance’’ in the explanatory statement
described in section 4 in the matter preceding division A of Public
Law 117–103.
SEC. 542. The contents in the ‘‘Senate’’ sub column of the
‘‘Requestor(s)’’ column for the project identified as the ‘‘Emergency
Operations Center’’ for the recipient ‘‘Baker County Sheriff’s Office’’
in the table entitled ‘‘Community Project Funding/Congressionally
Directed Spending’’ under the heading ‘‘Disclosure of Earmarks
and Congressionally Directed Spending Items’’ in the explanatory
statement described in section 4 in the matter preceding division
A of Public Law 117–103 are deemed to be amended by striking
‘‘Wyden’’ and inserting ‘‘Merkley, Wyden’’.
SEC. 543. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136) shall be applied as if the language read as follows:
‘‘Subsection (a) shall apply until September 30, 2023.’’.
SEC. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 545. (a) The Secretary of Homeland Security (in this
section referred to as the ‘‘Secretary’’) shall, on a bimonthly basis
beginning immediately after the date of enactment of this Act,
develop estimates of the number of noncitizens anticipated to arrive
at the southwest border of the United States.
(b) The Secretary shall ensure that, at a minimum, the esti-
mates developed pursuant to subsection (a)—
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting proc-
esses within the Department of Homeland Security; and
(5) are included in the budget materials submitted to Con-
gress in support of the President’s annual budget request pursu-
ant to section 1105 of title 31, United States Code, for each
fiscal year beginning after the date of enactment of this Act
and, for such budget materials shall include—
(A) the most recent bimonthly estimates developed
pursuant to subsection (a);
(B) a description and quantification of the estimates
used to justify funding requests for Department programs
related to border security, immigration enforcement, and
immigration services;
H. R. 2617—300
(C) a description and quantification of the anticipated
workload and requirements resulting from such estimates;
and
(D) a confirmation as to whether the budget requests
for impacted agencies were developed using the same esti-
mates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the Senate and the House of
Representatives.
SEC. 546. (a) For an additional amount for the accounts, in
the amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes—
(1) ‘‘U.S. Customs and Border Protection—Operations and
Support’’, $1,563,143,000 for border management requirements
of the U.S. Customs and Border Protection; and
(2) ‘‘U.S. Immigration and Customs Enforcement—Oper-
ations and Support’’, $339,658,000 for non-detention border
management requirements.
(b) None of the funds provided in subsection (a)(1) shall be
used—
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by U.S.
Customs and Border Protection, Air and Marine Operations,
except for internal transportation of noncitizens; or
(3) to acquire, maintain, or extend border security tech-
nology and capabilities, except for technology and capabilities
to improve Border Patrol processing.
(c) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management shall provide an
expenditure plan for the use of the funds made available in sub-
section (a).
(d) The plan required in subsection (c) shall be updated to
reflect changes and expenditures and submitted to the Committees
on Appropriations of the Senate and the House of Representatives
every 60 days until all funds are expended or expired.
SEC. 547. Section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)) shall be applied by substituting ‘‘September
30, 2023’’ for ‘‘the date that is 4 years after the date of enactment
of this section’’.
(RESCISSIONS OF FUNDS)
SEC. 548. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985:
(1) $139,928,000 from the unobligated balances available
under the heading ‘‘U.S. Customs and Border Protection—
Procurement, Construction, and Improvements’’.
(2) $12,207 from the unobligated balances available in the
‘‘Transportation Security Administration—Transportation Secu-
rity Support’’ account (70 X 0554).
H. R. 2617—301
(3) $32,750,000 from the unobligated balances available
in the ‘‘U.S. Citizenship and Immigration Services—Operations
and Support’’ account (70 22/23 0300).
(4) $187,278 from the unobligated balances available in
the ‘‘U.S. Citizenship and Immigration Services—Operations
and Support’’ account (70 X 0300).
(5) $65,165 from the unobligated balances available in the
‘‘Federal Emergency Management Agency—State and Local
Programs’’ account (70 X 0560).
(6) $50,880 from the unobligated balances available in the
‘‘Information Analysis and Infrastructure Protection—Oper-
ating Expenses’’ account (70 X 0900).
(7) $113,000,000 from the unobligated balances available
under the heading ‘‘Management Directorate—Procurement,
Construction, and Improvements’’.
(8) $42,730,000 from Public Law 116–93 under the heading
‘‘Coast Guard—Procurement, Construction, and Improvements’’.
(9) $19,000,000 from Public Law 116-6 under the heading
‘‘Coast Guard—Procurement, Construction, and Improvements’’.
SEC. 549. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2022
(Public Law 117–103) are rescinded:
(1) $23,858,130 from ‘‘Office of the Secretary and Executive
Management—Operations and Support’’.
(2) $604,580 from ‘‘Management Directorate—Operations
and Support’’.
(3) $636,170 from ‘‘Intelligence, Analysis, and Operations
Coordination—Operations and Support’’.
(4) $338,830 from ‘‘U.S. Customs and Border Protection—
Operations and Support’’.
(5) $8,972,900 from ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’.
(6) $6,332,670 from ‘‘United States Secret Service—Oper-
ations and Support’’.
(7) $1,250,420 from ‘‘Cybersecurity and Infrastructure
Security Agency—Operations and Support’’.
(8) $10,899 from ‘‘Federal Emergency Management
Agency—Operations and Support’’.
(9) $3,208,190 from ‘‘U.S. Citizenship and Immigration
Services—Operations and Support’’.
(10) $459,790 from ‘‘Federal Law Enforcement Training
Centers—Operations and Support’’.
(11) $141,630 from ‘‘Science and Technology Directorate—
Operations and Support’’.
(12) $350,450 from ‘‘Countering Weapons of Mass Destruc-
tion Office—Operations and Support’’.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2023’’.
H. R. 2617—302
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVI-
RONMENT, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,368,969,000, to remain available
until September 30, 2024; of which $76,187,000 for annual mainte-
nance and deferred maintenance programs and $147,888,000 for
the wild horse and burro program, as authorized by Public Law
92–195 (16 U.S.C. 1331 et seq.), shall remain available until
expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-
related expenses associated with the processing of oil and gas
applications for permits to drill and related use of authorizations:
Provided further, That of the amounts made available under this
heading, up to $3,500,000 may be made available for the purposes
described in section 122(e)(1)(A) of division G of Public Law 115–
21 (43 U.S.C. 1748c(e)(1)(A)): Provided further, That of the amounts
made available under this heading, $3,500,000 is for projects speci-
fied for Land Management Priorities in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration pro-
gram operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropria-
tion from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2023, so as to result in a
final appropriation estimated at not more than $1,368,969,000,
and $2,000,000, to remain available until expended, from commu-
nication site rental fees established by the Bureau for the cost
of administering communication site activities.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
H. R. 2617—303
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $120,334,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary of the Interior to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
H. R. 2617—304
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of nec-
essary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certifi-
cate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,555,684,000, to
remain available until September 30, 2024: Provided, That not
to exceed $23,398,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) (except for processing petitions, developing
and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided further, That
of the amount appropriated under this heading, $25,641,000, to
remain available until September 30, 2025, shall be for projects
specified for Stewardship Priorities in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred
to the appropriate program, project, or activity under this heading
H. R. 2617—305
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,904,000, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $24,564,000, to remain avail-
able until expended, to be derived from the Cooperative Endangered
Species Conservation Fund.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$50,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,100,000, to
remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conserva-
tion Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$21,000,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$73,812,000, to remain available until expended: Provided, That
of the amount provided herein, $6,200,000 is for a competitive
grant program for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That $7,612,000 is
for a competitive grant program to implement approved plans for
H. R. 2617—306
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropria-
tion: Provided further, That the Secretary shall, after deducting
$13,812,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary of the Interior shall apportion the
remaining amount in the following manner: (1) one-third of which
is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of
which is based on the ratio to which the population of such State
bears to the total population of all such States: Provided further,
That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum
which is less than 1 percent of the amount available for apportion-
ment under this paragraph for any fiscal year or more than 5
percent of such amount: Provided further, That the Federal share
of planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided further,
That any amount apportioned in 2023 to any State, territory, or
other jurisdiction that remains unobligated as of September 30,
2024, shall be reapportioned, together with funds appropriated in
2025, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reserva-
tion areas caused by operations of the Service; options for the
purchase of land at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Pro-
vided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
H. R. 2617—307
accept donated aircraft as replacements for existing aircraft: Pro-
vided further, That notwithstanding 31 U.S.C. 3302, all fees col-
lected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended:
Provided further, That the second proviso under the heading
‘‘United States Fish and Wildlife Service—Resource Management’’
in title I of division E of Public Law 112–74 (16 U.S.C. 742l–
1) is amended by striking ‘‘2012’’ and inserting ‘‘2023’’ and striking
‘‘$400,000’’ and inserting ‘‘$750,000’’.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,923,424,000, of which $11,661,000 for planning
and interagency coordination in support of Everglades restoration
and $135,980,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $188,184,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$10,000,000 for uses authorized by section 101122 of title 54, United
States Code shall remain available until September 30, 2024: Pro-
vided, That funds appropriated under this heading in this Act
are available for the purposes of section 5 of Public Law 95–
348: Provided further, That notwithstanding section 9 of the 400
Years of African-American History Commission Act (36 U.S.C. note
prec. 101; Public Law 115–102), $3,300,000 of the funds provided
under this heading shall be made available for the purposes speci-
fied by that Act: Provided further, That sections (7)(b) and (8)
of that Act shall be amended by striking ‘‘July 1, 2023’’ and inserting
‘‘July 1, 2024’’.
In addition, for purposes described in section 2404 of Public
Law 116–9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund established
pursuant to such section of such Act, to remain available until
expended, shall be derived from such Fund.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $92,512,000,
to remain available until September 30, 2024, of which $2,919,000
shall be for projects specified for Statutory and Contractual Aid
in the table titled ‘‘Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act).
H. R. 2617—308
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $204,515,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2024, of which
$26,500,000 shall be for Save America’s Treasures grants for
preservation of nationally significant sites, structures and artifacts
as authorized by section 7303 of the Omnibus Public Land Manage-
ment Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in con-
sultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $1,250,000 is for competitive grants for the
survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated
with communities currently under-represented, as determined by
the Secretary; $29,000,000 is for competitive grants to preserve
the sites and stories of the Civil Rights movement; $11,000,000
is for grants to Historically Black Colleges and Universities;
$12,500,000 is for competitive grants for the restoration of historic
properties of national, State, and local significance listed on or
eligible for inclusion on the National Register of Historic Places,
to be made without imposing the usage or direct grant restrictions
of section 101(e)(3) (54 U.S.C. 302904) of the National Historical
Preservation Act; $10,000,000 is for a competitive grant program
to honor the semiquincentennial anniversary of the United States
by restoring and preserving sites and structures listed on the
National Register of Historic Places that commemorate the founding
of the nation; and $29,115,000 is for projects specified for the
Historic Preservation Fund in the table titled ‘‘Interior and Environ-
ment Incorporation of Community Project Funding Items/Congres-
sionally Directed Spending Items’’ included for this division in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided further, That
such competitive grants shall be made without imposing the
matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter
3003 of such title, Native Hawaiian organizations, local govern-
ments, including Certified Local Governments, and non-profit
organizations.
CONSTRUCTION
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