Consolidated Appropriations Act, 2023, SA 6552 — Congressional Record, Senate, December 19, 2022
Summary
Pages S7328 and S7329 of the Congressional Record, Senate, dated December 19, 2022, print amendment SA 6552, submitted by Mr. Leahy and intended to be proposed by him to a bill. Section 1 gives the short title Consolidated Appropriations Act, 2023, and the table of contents runs from Division A, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023, through Division JJ, North Atlantic Right Whales. Section 6 bars any adjustment to compensation for Members of Congress during fiscal year 2023. Division A then begins with funding of $65,067,000 for the Office of the Secretary.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Consolidated Appropriations Act, 2023, SA 6552 — Congressional Record, Senate, December 19, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-19-crec-2022-12-19-pt1-pgs7328-329fb61a6a/
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S7328 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 2. STATE OFFICES OF RURAL HEALTH. Title VIII—General Provisions—District of Title VIII—United States Parole Commis-
Section 338J(i)(1) of the Public Health Columbia sion Extension
Service Act (42 U.S.C. 254r(i)(1)) is amended DIVISION F—DEPARTMENT OF HOME- Title IX—Extension of FCC Auction Author-
by striking ‘‘fiscal years 2018 through 2022’’ LAND SECURITY APPROPRIATIONS ity
and inserting ‘‘fiscal years 2023 through ACT, 2023 Title X—Budgetary Effects
2027’’.
Title I—Departmental Management, Intel-
--- DIVISION P—ELECTORAL COUNT RE-
ligence, Situational Awareness,
SA 6552. Mr. LEAHY submitted an FORM AND PRESIDENTIAL TRANSI-
and Oversight
amendment intended to be proposed by TION IMPROVEMENT
Title II—Security, Enforcement, and Inves-
him to the bill H.R. 2617, to amend sec- tigations DIVISION Q—AVIATION RELATED
tion 1115 of title 31, United States Title III—Protection, Preparedness, Re- MATTERS
Code, to amend the description of how sponse, and Recovery
DIVISION R—NO TIKTOK ON
performance goals are achieved, and Title IV—Research, Development, Training,
GOVERNMENT DEVICES
for other purposes; which was ordered and Services
Title V—General Provisions DIVISION S—OCEANS RELATED
to lie on the table; as follows: MATTERS
DIVISION G—DEPARTMENT OF THE INTE-
In lieu of the matter proposed to be in- RIOR, ENVIRONMENT, AND RELATED
serted by the House in Senate amendment 4, DIVISION T—SECURE 2.0 ACT OF 2022
AGENCIES APPROPRIATIONS ACT, 2023
insert the following: DIVISION U—JOSEPH MAXWELL
Title I—Department of the Interior
SECTION 1. SHORT TITLE. CLELAND AND ROBERT JOSEPH DOLE
Title II—Environmental Protection Agency
This Act may be cited as the ‘‘Consolidated MEMORIAL VETERANS BENEFITS AND
Title III—Related Agencies
Appropriations Act, 2023’’. HEALTH CARE IMPROVEMENT ACT OF
Title IV—General Provisions
SEC. 2. TABLE OF CONTENTS. 2022
DIVISION H—DEPARTMENTS OF LABOR,
Sec. 1. Short title. HEALTH AND HUMAN SERVICES, AND DIVISION V—STRONG VETERANS ACT OF
Sec. 2. Table of contents. EDUCATION, AND RELATED AGENCIES 2022
Sec. 3. References. APPROPRIATIONS ACT, 2023 DIVISION W—UNLEASHING AMERICAN
Sec. 4. Explanatory statement. Title I—Department of Labor INNOVATORS ACT OF 2022
Sec. 5. Statement of appropriations. Title II—Department of Health and Human
Sec. 6. Adjustments to compensation. DIVISION X—EXTENSION OF AUTHORIZA-
Services
DIVISION A—AGRICULTURE, RURAL DE- TION FOR SPECIAL ASSESSMENT FOR
Title III—Department of Education
VELOPMENT, FOOD AND DRUG ADMIN- DOMESTIC TRAFFICKING VICTIMS’
Title IV—Related Agencies
ISTRATION, AND RELATED AGENCIES FUND
Title V—General Provisions
APPROPRIATIONS ACT, 2023 DIVISION I—LEGISLATIVE BRANCH DIVISION Y—CONTRACT ACT OF 2022
Title I—Agricultural Programs APPROPRIATIONS ACT, 2023 DIVISION Z—COVS ACT
Title II—Farm Production and Conservation Title I—Legislative Branch
Programs DIVISION AA—FINANCIAL SERVICES
Title II—General Provisions
Title III—Rural Development Programs MATTERS
DIVISION J—MILITARY CONSTRUCTION,
Title IV—Domestic Food Programs VETERANS AFFAIRS, AND RELATED DIVISION BB—CONSUMER PROTECTION
Title V—Foreign Assistance and Related AGENCIES APPROPRIATIONS ACT, 2023 AND COMMERCE
Programs
Title VI—Related Agency and Food and Drug Title I—Department of Defense DIVISION CC—WATER RELATED
Administration Title II—Department of Veterans Affairs MATTERS
Title VII—General Provisions Title III—Related Agencies DIVISION DD—PUBLIC LAND
Title IV—General Provisions
DIVISION B—COMMERCE, JUSTICE, MANAGEMENT
DIVISION K—DEPARTMENT OF STATE,
SCIENCE, AND RELATED AGENCIES AP- DIVISION EE—POST OFFICE
FOREIGN OPERATIONS, AND RELATED
PROPRIATIONS ACT, 2023 DESIGNATIONS
PROGRAMS APPROPRIATIONS ACT, 2023
Title I—Department of Commerce DIVISION FF—HEALTH AND HUMAN
Title I—Department of State and Related
Title II—Department of Justice SERVICES
Agency
Title III—Science
Title II—United States Agency for Inter- DIVISION GG—MERGER FILING FEE
Title IV—Related Agencies
national Development MODERNIZATION
Title V—General Provisions
Title III—Bilateral Economic Assistance
DIVISION C—DEPARTMENT OF DEFENSE Title IV—International Security Assistance DIVISION HH—AGRICULTURE
APPROPRIATIONS ACT, 2023 Title V—Multilateral Assistance DIVISION JJ—NORTH ATLANTIC RIGHT
Title I—Military Personnel Title VI—Export and Investment Assistance WHALES
Title II—Operation and Maintenance Title VII—General Provisions
Title III—Procurement SEC. 3. REFERENCES.
DIVISION L—TRANSPORTATION, HOUS-
Title IV—Research, Development, Test and ING AND URBAN DEVELOPMENT, AND Except as expressly provided otherwise,
Evaluation RELATED AGENCIES APPROPRIATIONS any reference to ‘‘this Act’’ contained in any
Title V—Revolving and Management Funds ACT, 2023 division of this Act shall be treated as refer-
Title VI—Other Department of Defense Pro- Title I—Department of Transportation ring only to the provisions of that division.
grams Title II—Department of Housing and Urban SEC. 4. EXPLANATORY STATEMENT.
Title VII—Related Agencies Development
Title VIII—General Provisions The explanatory statement regarding this
Title III—Related Agencies Act, printed in the Senate section of the
DIVISION D—ENERGY AND WATER DE- Title IV—General Provisions—This Act
Congressional Record on or about December
VELOPMENT AND RELATED AGENCIES DIVISION M—ADDITIONAL UKRAINE SUP- 19, 2022, and submitted by the chair of the
APPROPRIATIONS ACT, 2023 PLEMENTAL APPROPRIATIONS ACT, Committee on Appropriations of the Senate,
Title I—Corps of Engineers—Civil 2023 shall have the same effect with respect to
Title II—Department of the Interior DIVISION N—DISASTER RELIEF SUPPLE- the allocation of funds and implementation
Title III—Department of Energy MENTAL APPROPRIATIONS ACT, 2023 of divisions A through L of this Act as if it
Title IV—Independent Agencies DIVISION O—EXTENDERS AND were a joint explanatory statement of a com-
Title V—General Provisions TECHNICAL CORRECTIONS mittee of conference.
DIVISION E—FINANCIAL SERVICES AND Title I—National Cybersecurity Protection SEC. 5. STATEMENT OF APPROPRIATIONS.
GENERAL GOVERNMENT APPROPRIA- System Authorization Exten-
TIONS ACT, 2023 The following sums in this Act are appro-
sion priated, out of any money in the Treasury
Title I—Department of the Treasury Title II—NDAA Technical Corrections not otherwise appropriated, for the fiscal
Title II—Executive Office of the President Title III—Immigration Extensions year ending September 30, 2023.
and Funds Appropriated to the Title IV—Environment and Public Works
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President SEC. 6. ADJUSTMENTS TO COMPENSATION.
Matters
Title III—The Judiciary Title V—Safety Enhancements Notwithstanding any other provision of
Title IV—District of Columbia Title VI—Extension of Temporary Order for law, no adjustment shall be made under sec-
Title V—Independent Agencies Fentanyl-Related Substances tion 601(a) of the Legislative Reorganization
Title VI—General Provisions—This Act Title VII—Federal Trade Commission Over- Act of 1946 (2 U.S.C. 4501) (relating to cost of
Title VII—General Provisions—Government- sight of Horseracing Integrity living adjustments for Members of Congress)
wide and Safety Authority during fiscal year 2023.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7329
DIVISION A—AGRICULTURE, RURAL DE- obligated after 30 days from the date of en- agency of the Department for its use in
VELOPMENT, FOOD AND DRUG ADMINIS- actment of this Act, unless the Secretary meeting all requirements pursuant to the
TRATION, AND RELATED AGENCIES AP- has notified the Committees on Appropria- above Acts on Federal and non-Federal
PROPRIATIONS ACT, 2023 tions of both Houses of Congress on the allo- lands.
TITLE I cation of these funds by USDA agency: Pro- OFFICE OF SAFETY, SECURITY, AND
AGRICULTURAL PROGRAMS vided further, That during any 30 day notifi- PROTECTION
cation period referenced in section 716 of this
PROCESSING, RESEARCH, AND MARKETING For necessary expenses of the Office of
Act, the Secretary of Agriculture shall take
OFFICE OF THE SECRETARY Safety, Security, and Protection, $21,800,000.
no action to begin implementation of the ac-
(INCLUDING TRANSFERS OF FUNDS) tion that is subject to section 716 of this Act OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of the or make any public announcement of such For necessary expenses of the Office of In-
Secretary, $65,067,000 of which not to exceed action in any form. spector General, including employment pur-
$7,432,000 shall be available for the imme- EXECUTIVE OPERATIONS suant to the Inspector General Act of 1978
diate Office of the Secretary; not to exceed (Public Law 95–452; 5 U.S.C. App.),
OFFICE OF THE CHIEF ECONOMIST
$1,396,000 shall be available for the Office of $111,561,000, including such sums as may be
For necessary expenses of the Office of the necessary for contracting and other arrange-
Homeland Security; not to exceed $5,190,000
Chief Economist, $28,181,000, of which ments with public agencies and private per-
shall be available for the Office of Tribal Re-
$8,000,000 shall be for grants or cooperative sons pursuant to section 6(a)(9) of the Inspec-
lations, of which $1,000,000 shall be to estab-
agreements for policy research under 7 tor General Act of 1978 (Public Law 95–452; 5
lish a Tribal Public Health Resource Center
U.S.C. 3155: Provided, That of the amounts U.S.C. App.), and including not to exceed
at a land grant university with existing in-
made available under this heading, $500,000 $125,000 for certain confidential operational
digenous public health expertise to expand
shall be available to carry out section 224 of expenses, including the payment of inform-
current partnerships and collaborative ef-
subtitle A of the Department of Agriculture ants, to be expended under the direction of
forts with indigenous groups, including but
Reorganization Act of 1994 (7 U.S.C. 6924), as the Inspector General pursuant to the In-
not limited to, tribal organizations and in-
amended by section 12504 of Public Law 115– spector General Act of 1978 (Public Law 95–
stitutions such as tribal colleges, tribal tech-
334. 452; 5 U.S.C. App.) and section 1337 of the Ag-
nical colleges, tribal community colleges
and tribal universities, to improve the deliv- OFFICE OF HEARINGS AND APPEALS riculture and Food Act of 1981 (Public Law
ery of culturally appropriate public health For necessary expenses of the Office of 97–98).
services and functions in American Indian Hearings and Appeals, $16,703,000. OFFICE OF THE GENERAL COUNSEL
communities focusing on indigenous food OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of the
sovereignty; not to exceed $9,280,000 shall be General Counsel, $60,537,000.
For necessary expenses of the Office of
available for the Office of Partnerships and
Budget and Program Analysis, $14,967,000. OFFICE OF ETHICS
Public Engagement, of which $1,500,000 shall
be for 7 U.S.C. 2279(c)(5); not to exceed OFFICE OF THE CHIEF INFORMATION OFFICER For necessary expenses of the Office of
$28,422,000 shall be available for the Office of For necessary expenses of the Office of the Ethics, $5,556,000.
the Assistant Secretary for Administration, Chief Information Officer, $92,284,000, of OFFICE OF THE UNDER SECRETARY FOR
of which $26,716,000 shall be available for De- which not less than $77,428,000 is for cyberse- RESEARCH, EDUCATION, AND ECONOMICS
partmental Administration to provide for curity requirements of the department. For necessary expenses of the Office of the
necessary expenses for management support OFFICE OF THE CHIEF FINANCIAL OFFICER Under Secretary for Research, Education,
services to offices of the Department and for and Economics, $2,384,000: Provided, That
For necessary expenses of the Office of the
general administration, security, repairs and funds made available by this Act to an agen-
Chief Financial Officer, $7,367,000.
alterations, and other miscellaneous supplies cy in the Research, Education, and Econom-
and expenses not otherwise provided for and OFFICE OF THE ASSISTANT SECRETARY FOR
ics mission area for salaries and expenses are
necessary for the practical and efficient CIVIL RIGHTS
available to fund up to one administrative
work of the Department: Provided, That For necessary expenses of the Office of the support staff for the Office: Provided further,
funds made available by this Act to an agen- Assistant Secretary for Civil Rights, That of the amounts made available under
cy in the Administration mission area for $1,466,000: Provided, That funds made avail- this heading, $1,000,000 shall be made avail-
salaries and expenses are available to fund able by this Act to an agency in the Civil able for the Office of the Chief Scientist.
up to one administrative support staff for Rights mission area for salaries and expenses
ECONOMIC RESEARCH SERVICE
the Office; not to exceed $4,609,000 shall be are available to fund up to one administra-
available for the Office of Assistant Sec- tive support staff for the Office. For necessary expenses of the Economic
retary for Congressional Relations and Inter- Research Service, $92,612,000.
OFFICE OF CIVIL RIGHTS
governmental Affairs to carry out the pro- NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the Office of
grams funded by this Act, including pro- For necessary expenses of the National Ag-
Civil Rights, $37,595,000.
grams involving intergovernmental affairs ricultural Statistics Service, $211,076,000, of
and liaison within the executive branch; and AGRICULTURE BUILDINGS AND FACILITIES
which up to $66,413,000 shall be available
not to exceed $8,738,000 shall be available for (INCLUDING TRANSFERS OF FUNDS) until expended for the Census of Agriculture:
the Office of Communications: Provided fur- For payment of space rental and related Provided, That amounts made available for
ther, That the Secretary of Agriculture is au- costs pursuant to Public Law 92–313, includ- the Census of Agriculture may be used to
thorized to transfer funds appropriated for ing authorities pursuant to the 1984 delega- conduct Current Industrial Report surveys
any office of the Office of the Secretary to tion of authority from the Administrator of subject to 7 U.S.C. 2204g(d) and (f).
any other office of the Office of the Sec- General Services to the Department of Agri- AGRICULTURAL RESEARCH SERVICE
retary: Provided further, That no appropria- culture under 40 U.S.C. 121, for programs and
tion for any office shall be increased or de- SALARIES AND EXPENSES
activities of the Department which are in-
creased by more than 5 percent: Provided fur- cluded in this Act, and for alterations and For necessary expenses of the Agricultural
ther, That not to exceed $22,000 of the other actions needed for the Department and Research Service and for acquisition of lands
amount made available under this paragraph its agencies to consolidate unneeded space by donation, exchange, or purchase at a
for the immediate Office of the Secretary into configurations suitable for release to nominal cost not to exceed $100, and for land
shall be available for official reception and the Administrator of General Services, and exchanges where the lands exchanged shall
representation expenses, not otherwise pro- for the operation, maintenance, improve- be of equal value or shall be equalized by a
vided for, as determined by the Secretary: ment, and repair of Agriculture buildings payment of money to the grantor which
Provided further, That the amount made and facilities, and for related costs, shall not exceed 25 percent of the total value
available under this heading for Depart- $40,581,000, to remain available until ex- of the land or interests transferred out of
mental Administration shall be reimbursed pended. Federal ownership, $1,744,279,000: Provided,
from applicable appropriations in this Act That appropriations hereunder shall be
HAZARDOUS MATERIALS MANAGEMENT
for travel expenses incident to the holding of available for the operation and maintenance
hearings as required by 5 U.S.C. 551–558: Pro- (INCLUDING TRANSFERS OF FUNDS) of aircraft and the purchase of not to exceed
vided further, That funds made available For necessary expenses of the Department one for replacement only: Provided further,
under this heading for the Office of the As- of Agriculture, to comply with the Com- That appropriations hereunder shall be
sistant Secretary for Congressional Rela- prehensive Environmental Response, Com- available pursuant to 7 U.S.C. 2250 for the
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tions and Intergovernmental Affairs shall be pensation, and Liability Act (42 U.S.C. 9601 construction, alteration, and repair of build-
transferred to agencies of the Department of et seq.) and the Solid Waste Disposal Act (42 ings and improvements, but unless otherwise
Agriculture funded by this Act to maintain U.S.C. 6901 et seq.), $7,581,000, to remain provided, the cost of constructing any one
personnel at the agency level: Provided fur- available until expended: Provided, That ap- building shall not exceed $500,000, except for
ther, That no funds made available under propriations and funds available herein to headhouses or greenhouses which shall each
this heading for the Office of Assistant Sec- the Department for Hazardous Materials be limited to $1,800,000, except for 10 build-
retary for Congressional Relations may be Management may be transferred to any ings to be constructed or improved at a cost
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S7330 CONGRESSIONAL RECORD — SENATE December 19, 2022
not to exceed $1,100,000 each, and except for vided further, That each institution eligible ANIMAL AND PLANT HEALTH INSPECTION
four buildings to be constructed at a cost not to receive funds under the Evans-Allen pro- SERVICE
to exceed $5,000,000 each, and the cost of al- gram receives no less than $1,000,000: Pro- SALARIES AND EXPENSES
tering any one building during the fiscal vided further, That funds for education grants
year shall not exceed 10 percent of the cur- for Alaska Native and Native Hawaiian-serv- (INCLUDING TRANSFERS OF FUNDS)
rent replacement value of the building or ing institutions be made available to indi- For necessary expenses of the Animal and
$500,000, whichever is greater: Provided fur- vidual eligible institutions or consortia of el- Plant Health Inspection Service, including
ther, That appropriations hereunder shall be igible institutions with funds awarded equal- up to $30,000 for representation allowances
available for entering into lease agreements ly to each of the States of Alaska and Ha- and for expenses pursuant to the Foreign
at any Agricultural Research Service loca- waii: Provided further, That funds for pro- Service Act of 1980 (22 U.S.C. 4085),
tion for the construction of a research facil- viding grants for food and agricultural $1,171,071,000 of which up to $9,552,000 shall be
ity by a non-Federal entity for use by the sciences for Alaska Native and Native Ha- for the purposes, and in the amounts, speci-
Agricultural Research Service and a condi- waiian-Serving institutions and for Insular fied for this account in the table titled
tion of the lease shall be that any facility Areas shall remain available until Sep- ‘‘Community Project Funding/Congression-
shall be owned, operated, and maintained by tember 30, 2024: Provided further, That funds ally Directed Spending’’ in the explanatory
the non-Federal entity and shall be removed for education grants for 1890 institutions statement described in section 4 (in the mat-
upon the expiration or termination of the shall be made available to institutions eligi- ter preceding division A of this consolidated
lease agreement: Provided further, That the ble to receive funds under 7 U.S.C. 3221 and Act); of which $514,000, to remain available
limitations on alterations contained in this 3222: Provided further, That not more than 5 until expended, shall be available for the
Act shall not apply to modernization or re- percent of the amounts made available by control of outbreaks of insects, plant dis-
placement of existing facilities at Beltsville, this or any other Act to carry out the Agri- eases, animal diseases and for control of pest
Maryland: Provided further, That appropria- culture and Food Research Initiative under 7 animals and birds (‘‘contingency fund’’) to
tions hereunder shall be available for grant- U.S.C. 3157 may be retained by the Secretary the extent necessary to meet emergency con-
ing easements at the Beltsville Agricultural of Agriculture to pay administrative costs ditions; of which $15,450,000, to remain avail-
Research Center: Provided further, That the incurred by the Secretary in carrying out able until expended, shall be used for the cot-
foregoing limitations shall not apply to re- that authority. ton pests program, including for cost share
placement of buildings needed to carry out NATIVE AMERICAN INSTITUTIONS ENDOWMENT purposes or for debt retirement for active
the Act of April 24, 1948 (21 U.S.C. 113a): Pro- FUND eradication zones; of which $39,183,000, to re-
vided further, That appropriations hereunder main available until expended, shall be for
shall be available for granting easements at For the Native American Institutions En-
dowment Fund authorized by Public Law Animal Health Technical Services; of which
any Agricultural Research Service location $4,096,000 shall be for activities under the au-
for the construction of a research facility by 103–382 (7 U.S.C. 301 note), $11,880,000, to re-
main available until expended. thority of the Horse Protection Act of 1970,
a non-Federal entity for use by, and accept- as amended (15 U.S.C. 1831); of which
able to, the Agricultural Research Service EXTENSION ACTIVITIES
$64,930,000, to remain available until ex-
and a condition of the easements shall be For payments to States, the District of Co- pended, shall be used to support avian
that upon completion the facility shall be lumbia, Puerto Rico, Guam, the Virgin Is- health; of which $4,251,000, to remain avail-
accepted by the Secretary, subject to the lands, Micronesia, the Northern Marianas, able until expended, shall be for information
availability of funds herein, if the Secretary and American Samoa, $565,410,000 which shall technology infrastructure; of which
finds that acceptance of the facility is in the be for the purposes, and in the amounts, $216,117,000, to remain available until ex-
interest of the United States: Provided fur- specified in the table titled ‘‘National Insti- pended, shall be for specialty crop pests, of
ther, That funds may be received from any tute of Food and Agriculture, Extension Ac- which $8,500,000, to remain available until
State, other political subdivision, organiza- tivities’’ in the explanatory statement de- September 30, 2024, shall be for one-time con-
tion, or individual for the purpose of estab- scribed in section 4 (in the matter preceding trol and management and associated activi-
lishing or operating any research facility or division A of this consolidated Act): Pro- ties directly related to the multiple-agency
research project of the Agricultural Re- vided, That funds for extension services at response to citrus greening; of which,
search Service, as authorized by law. 1994 institutions and for facility improve- $14,986,000, to remain available until ex-
BUILDINGS AND FACILITIES ments at 1890 institutions shall remain avail- pended, shall be for field crop and rangeland
For the acquisition of land, construction, able until expended: Provided further, That ecosystem pests; of which $21,567,000, to re-
repair, improvement, extension, alteration, institutions eligible to receive funds under 7 main available until expended, shall be for
and purchase of fixed equipment or facilities U.S.C. 3221 for cooperative extension receive zoonotic disease management; of which
as necessary to carry out the agricultural re- no less than $1,000,000: Provided further, That $44,067,000, to remain available until ex-
search programs of the Department of Agri- funds for cooperative extension under sec- pended, shall be for emergency preparedness
culture, where not otherwise provided, tions 3(b) and (c) of the Smith-Lever Act (7 and response; of which $62,562,000, to remain
$74,297,000 to remain available until ex- U.S.C. 343(b) and (c)) and section 208(c) of available until expended, shall be for tree
pended, of which $56,697,000 shall be for the Public Law 93–471 shall be available for re- and wood pests; of which $6,500,000, to remain
purposes, and in the amounts, specified for tirement and employees’ compensation costs available until expended, shall be for the Na-
this account in the table titled ‘‘Community for extension agents. tional Veterinary Stockpile; of which up to
Project Funding/Congressionally Directed INTEGRATED ACTIVITIES $1,500,000, to remain available until ex-
Spending’’ in the explanatory statement de- pended, shall be for the scrapie program for
For the integrated research, education,
scribed in section 4 (in the matter preceding indemnities; of which $2,500,000, to remain
and extension grants programs, including
division A of this consolidated Act). available until expended, shall be for the
necessary administrative expenses,
wildlife damage management program for
NATIONAL INSTITUTE OF FOOD AND $41,500,000, which shall be for the purposes,
aviation safety: Provided, That of amounts
AGRICULTURE and in the amounts, specified in the table ti-
available under this heading for wildlife
RESEARCH AND EDUCATION ACTIVITIES tled ‘‘National Institute of Food and Agri-
services methods development, $1,000,000
culture, Integrated Activities’’ in the explan-
For payments to agricultural experiment shall remain available until expended: Pro-
atory statement described in section 4 (in
stations, for cooperative forestry and other vided further, That of amounts available
the matter preceding division A of this con-
research, for facilities, and for other ex- under this heading for the screwworm pro-
solidated Act): Provided, That funds for the
penses, $1,094,121,000 which shall be for the gram, $4,990,000 shall remain available until
Food and Agriculture Defense Initiative
purposes, and in the amounts, specified in expended; of which $24,527,000, to remain
shall remain available until September 30,
the table titled ‘‘National Institute of Food available until expended, shall be used to
2024: Provided further, That notwithstanding
and Agriculture, Research and Education Ac- carry out the science program and transition
any other provision of law, indirect costs
tivities’’ in the explanatory statement de- activities for the National Bio and Agro-de-
shall not be charged against any Extension
scribed in section 4 (in the matter preceding fense Facility located in Manhattan, Kansas:
Implementation Program Area grant award-
division A of this consolidated Act): Pro- Provided further, That no funds shall be used
ed under the Crop Protection/Pest Manage-
vided, That funds for research grants for 1994 to formulate or administer a brucellosis
ment Program (7 U.S.C. 7626).
institutions, education grants for 1890 insti- eradication program for the current fiscal
tutions, Hispanic serving institutions edu- OFFICE OF THE UNDER SECRETARY FOR year that does not require minimum match-
cation grants, capacity building for non- MARKETING AND REGULATORY PROGRAMS ing by the States of at least 40 percent: Pro-
land-grant colleges of agriculture, the agri- For necessary expenses of the Office of the vided further, That this appropriation shall
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culture and food research initiative, veteri- Under Secretary for Marketing and Regu- be available for the purchase, replacement,
nary medicine loan repayment, multicul- latory Programs, $1,617,000: Provided, That operation, and maintenance of aircraft: Pro-
tural scholars, graduate fellowship and insti- funds made available by this Act to an agen- vided further, That in addition, in emer-
tution challenge grants, grants management cy in the Marketing and Regulatory Pro- gencies which threaten any segment of the
systems, tribal colleges education equity grams mission area for salaries and expenses agricultural production industry of the
grants, and scholarships at 1890 institutions are available to fund up to one administra- United States, the Secretary may transfer
shall remain available until expended: Pro- tive support staff for the Office. from other appropriations or funds available
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7331
to the agencies or corporations of the De- on Appropriations of both Houses of Con- TITLE II
partment such sums as may be deemed nec- gress. FARM PRODUCTION AND CONSERVATION
essary, to be available only in such emer- PROGRAMS
FUNDS FOR STRENGTHENING MARKETS, INCOME,
gencies for the arrest and eradication of con- OFFICE OF THE UNDER SECRETARY FOR FARM
AND SUPPLY (SECTION 32)
tagious or infectious disease or pests of ani- PRODUCTION AND CONSERVATION
mals, poultry, or plants, and for expenses in (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the
accordance with sections 10411 and 10417 of Under Secretary for Farm Production and
the Animal Health Protection Act (7 U.S.C. Funds available under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c), shall be Conservation, $1,727,000: Provided, That funds
8310 and 8316) and sections 431 and 442 of the made available by this Act to an agency in
Plant Protection Act (7 U.S.C. 7751 and 7772), used only for commodity program expenses
as authorized therein, and other related op- the Farm Production and Conservation mis-
and any unexpended balances of funds trans- sion area for salaries and expenses are avail-
ferred for such emergency purposes in the erating expenses, except for: (1) transfers to
the Department of Commerce as authorized able to fund up to one administrative sup-
preceding fiscal year shall be merged with port staff for the Office.
such transferred amounts: Provided further, by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided FARM PRODUCTION AND CONSERVATION
That appropriations hereunder shall be
in this Act; and (3) not more than $21,501,000 BUSINESS CENTER
available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings for formulation and administration of mar- SALARIES AND EXPENSES
and improvements, but unless otherwise pro- keting agreements and orders pursuant to (INCLUDING TRANSFERS OF FUNDS)
vided the cost of altering any one building the Agricultural Marketing Agreement Act For necessary expenses of the Farm Pro-
during the fiscal year shall not exceed 10 per- of 1937 and the Agricultural Act of 1961 (Pub- duction and Conservation Business Center,
cent of the current replacement value of the lic Law 87–128). $248,684,000: Provided, That $60,228,000 of
building. PAYMENTS TO STATES AND POSSESSIONS
amounts appropriated for the current fiscal
In fiscal year 2023, the agency is authorized year pursuant to section 1241(a) of the Farm
to collect fees to cover the total costs of pro- For payments to departments of agri- Security and Rural Investment Act of 1985
viding technical assistance, goods, or serv- culture, bureaus and departments of mar- (16 U.S.C. 3841(a)) shall be transferred to and
ices requested by States, other political sub- kets, and similar agencies for marketing ac- merged with this account.
divisions, domestic and international organi- tivities under section 204(b) of the Agricul- FARM SERVICE AGENCY
zations, foreign governments, or individuals, tural Marketing Act of 1946 (7 U.S.C. 1623(b)), SALARIES AND EXPENSES
provided that such fees are structured such $1,235,000.
(INCLUDING TRANSFERS OF FUNDS)
that any entity’s liability for such fees is
LIMITATION ON INSPECTION AND WEIGHING For necessary expenses of the Farm Serv-
reasonably based on the technical assistance,
SERVICES EXPENSES ice Agency, $1,215,307,000, of which not less
goods, or services provided to the entity by
than $15,000,000 shall be for the hiring of new
the agency, and such fees shall be reim- Not to exceed $55,000,000 (from fees col-
employees to fill vacancies and anticipated
bursed to this account, to remain available lected) shall be obligated during the current vacancies at Farm Service Agency county
until expended, without further appropria- fiscal year for inspection and weighing serv- offices and farm loan officers and shall be
tion, for providing such assistance, goods, or ices: Provided, That if grain export activities available until September 30, 2024: Provided,
services. require additional supervision and oversight, That not more than 50 percent of the funding
BUILDINGS AND FACILITIES or other uncontrollable factors occur, this made available under this heading for infor-
For plans, construction, repair, preventive limitation may be exceeded by up to 10 per- mation technology related to farm program
maintenance, environmental support, im- cent with notification to the Committees on delivery may be obligated until the Sec-
provement, extension, alteration, and pur- Appropriations of both Houses of Congress. retary submits to the Committees on Appro-
chase of fixed equipment or facilities, as au- OFFICE OF THE UNDER SECRETARY FOR FOOD priations of both Houses of Congress, and re-
thorized by 7 U.S.C. 2250, and acquisition of SAFETY ceives written or electronic notification of
land as authorized by 7 U.S.C. 2268a, receipt from such Committees of, a plan for
$3,175,000, to remain available until ex- For necessary expenses of the Office of the expenditure that (1) identifies for each
pended. Under Secretary for Food Safety, $1,117,000: project/investment over $25,000 (a) the func-
AGRICULTURAL MARKETING SERVICE Provided, That funds made available by this tional and performance capabilities to be de-
Act to an agency in the Food Safety mission livered and the mission benefits to be real-
MARKETING SERVICES
area for salaries and expenses are available ized, (b) the estimated lifecycle cost for the
For necessary expenses of the Agricultural to fund up to one administrative support entirety of the project/investment, including
Marketing Service, $237,695,000, of which staff for the Office. estimates for development as well as mainte-
$7,504,000 shall be available for the purposes nance and operations, and (c) key milestones
of section 12306 of Public Law 113–79, and of FOOD SAFETY AND INSPECTION SERVICE
to be met; (2) demonstrates that each
which $1,000,000 shall be available for the For necessary expenses to carry out serv- project/investment is, (a) consistent with the
purposes of section 779 of division A of Public ices authorized by the Federal Meat Inspec- Farm Service Agency Information Tech-
Law 117–103: Provided, That of the amounts tion Act, the Poultry Products Inspection nology Roadmap, (b) being managed in ac-
made available under this heading, Act, and the Egg Products Inspection Act, cordance with applicable lifecycle manage-
$25,000,000, to remain available until ex- including not to exceed $10,000 for represen- ment policies and guidance, and (c) subject
pended, shall be to carry out section 12513 of tation allowances and for expenses pursuant to the applicable Department’s capital plan-
Public Law 115–334, of which $23,000,000 shall to section 8 of the Act approved August 3, ning and investment control requirements;
be for dairy business innovation initiatives 1956 (7 U.S.C. 1766), $1,158,266,000; and in addi- and (3) has been reviewed by the Government
established in Public Law 116–6 and the Sec- tion, $1,000,000 may be credited to this ac- Accountability Office and approved by the
retary shall take measures to ensure an count from fees collected for the cost of lab- Committees on Appropriations of both
equal distribution of funds between these oratory accreditation as authorized by sec- Houses of Congress: Provided further, That
three regional innovation initiatives: Pro- tion 1327 of the Food, Agriculture, Conserva- the agency shall submit a report by the end
vided further, That this appropriation shall tion and Trade Act of 1990 (7 U.S.C. 138f): Pro- of the fourth quarter of fiscal year 2023 to
be available pursuant to law (7 U.S.C. 2250) vided, That funds provided for the Public the Committees on Appropriations and the
for the alteration and repair of buildings and Health Data Communication Infrastructure Government Accountability Office, that
improvements, but the cost of altering any system shall remain available until ex- identifies for each project/investment that is
one building during the fiscal year shall not pended: Provided further, That no fewer than operational (a) current performance against
exceed 10 percent of the current replacement 148 full-time equivalent positions shall be key indicators of customer satisfaction, (b)
value of the building. employed during fiscal year 2023 for purposes current performance of service level agree-
Fees may be collected for the cost of stand- dedicated solely to inspections and enforce- ments or other technical metrics, (c) current
ardization activities, as established by regu- ment related to the Humane Methods of performance against a pre-established cost
lation pursuant to law (31 U.S.C. 9701), ex- Slaughter Act (7 U.S.C. 1901 et seq.): Provided baseline, (d) a detailed breakdown of current
cept for the cost of activities relating to the further, That the Food Safety and Inspection and planned spending on operational en-
development or maintenance of grain stand- Service shall continue implementation of hancements or upgrades, and (e) an assess-
ards under the United States Grain Stand- section 11016 of Public Law 110–246 as further ment of whether the investment continues to
ards Act, 7 U.S.C. 71 et seq. clarified by the amendments made in section meet business needs as intended as well as
LIMITATION ON ADMINISTRATIVE EXPENSES 12106 of Public Law 113–79: Provided further, alternatives to the investment: Provided fur-
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Not to exceed $62,596,000 (from fees col- That this appropriation shall be available ther, That the Secretary is authorized to use
lected) shall be obligated during the current pursuant to law (7 U.S.C. 2250) for the alter- the services, facilities, and authorities (but
fiscal year for administrative expenses: Pro- ation and repair of buildings and improve- not the funds) of the Commodity Credit Cor-
vided, That if crop size is understated and/or ments, but the cost of altering any one poration to make program payments for all
other uncontrollable events occur, the agen- building during the fiscal year shall not ex- programs administered by the Agency: Pro-
cy may exceed this limitation by up to 10 ceed 10 percent of the current replacement vided further, That other funds made avail-
percent with notification to the Committees value of the building. able to the Agency for authorized activities
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S7332 CONGRESSIONAL RECORD — SENATE December 19, 2022
may be advanced to and merged with this ac- For the cost of direct and guaranteed loans to surveys and investigations, engineering
count: Provided further, That of the amount and grants, including the cost of modifying operations, works of improvement, and
appropriated under this heading, $696,594,000 loans as defined in section 502 of the Con- changes in use of land, in accordance with
shall be made available to county commit- gressional Budget Act of 1974, as follows: the Watershed Protection and Flood Preven-
tees, to remain available until expended: $249,000 for emergency loans, to remain tion Act (16 U.S.C. 1001–1005 and 1007–1009)
Provided further, That, notwithstanding the available until expended; and $23,520,000 for and in accordance with the provisions of
preceding proviso, any funds made available direct farm operating loans, $11,228,000 for laws relating to the activities of the Depart-
to county committees in the current fiscal unsubsidized guaranteed farm operating ment, $75,000,000, to remain available until
year that the Administrator of the Farm loans, $10,983,000 for the relending program, expended, of which up to $20,591,000 shall be
Service Agency deems to exceed or not meet and $894,000 for Indian highly fractionated for the purposes, and in the amounts, speci-
the amount needed for the county commit- land loans. fied for this account in the table titled
tees may be transferred to or from the Farm In addition, for administrative expenses ‘‘Community Project Funding/Congression-
Service Agency for necessary expenses: Pro- necessary to carry out the direct and guar- ally Directed Spending’’ in the explanatory
vided further, That none of the funds avail- anteed loan programs, $326,461,000: Provided, statement described in section 4 (in the mat-
able to the Farm Service Agency shall be That of this amount, $305,803,000 shall be ter preceding division A of this consolidated
used to close Farm Service Agency county transferred to and merged with the appro- Act): Provided, That for funds provided by
offices: Provided further, That none of the priation for ‘‘Farm Service Agency, Salaries this Act or any other prior Act, the limita-
funds available to the Farm Service Agency and Expenses’’. tion regarding the size of the watershed or
shall be used to permanently relocate county Funds appropriated by this Act to the Ag- subwatershed exceeding two hundred and
based employees that would result in an of- ricultural Credit Insurance Program Ac- fifty thousand acres in which such activities
fice with two or fewer employees without count for farm ownership, operating and con- can be undertaken shall only apply for ac-
prior notification and approval of the Com- servation direct loans and guaranteed loans tivities undertaken for the primary purpose
mittees on Appropriations of both Houses of may be transferred among these programs: of flood prevention (including structural and
Congress. Provided, That the Committees on Appropria- land treatment measures): Provided further,
STATE MEDIATION GRANTS tions of both Houses of Congress are notified That of the amounts made available under
For grants pursuant to section 502(b) of the at least 15 days in advance of any transfer. this heading, $10,000,000 shall be allocated to
Agricultural Credit Act of 1987, as amended RISK MANAGEMENT AGENCY projects and activities that can commence
(7 U.S.C. 5101–5106), $7,000,000. SALARIES AND EXPENSES promptly following enactment; that address
GRASSROOTS SOURCE WATER PROTECTION For necessary expenses of the Risk Man- regional priorities for flood prevention, agri-
PROGRAM agement Agency, $66,870,000: Provided, That cultural water management, inefficient irri-
For necessary expenses to carry out well- $1,000,000 of the amount appropriated under gation systems, fish and wildlife habitat, or
head or groundwater protection activities this heading in this Act shall be available for watershed protection; or that address au-
under section 1240O of the Food Security Act compliance and integrity activities required thorized ongoing projects under the authori-
of 1985 (16 U.S.C. 3839bb–2), $7,500,000, to re- under section 516(b)(2)(C) of the Federal Crop ties of section 13 of the Flood Control Act of
main available until expended. Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), December 22, 1944 (Public Law 78–534) with a
DAIRY INDEMNITY PROGRAM and shall be in addition to amounts other- primary purpose of watershed protection by
wise provided for such purpose: Provided fur- preventing floodwater damage and stabi-
(INCLUDING TRANSFER OF FUNDS)
ther, That not to exceed $1,000 shall be avail- lizing stream channels, tributaries, and
For necessary expenses involved in making banks to reduce erosion and sediment trans-
indemnity payments to dairy farmers and able for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i). port: Provided further, That of the amounts
manufacturers of dairy products under a made available under this heading, $10,000,000
dairy indemnity program, such sums as may NATURAL RESOURCES CONSERVATION SERVICE
shall remain available until expended for the
be necessary, to remain available until ex- CONSERVATION OPERATIONS authorities under 16 U.S.C. 1001–1005 and
pended: Provided, That such program is car- For necessary expenses for carrying out 1007–1009 for authorized ongoing watershed
ried out by the Secretary in the same man- the provisions of the Act of April 27, 1935 (16 projects with a primary purpose of providing
ner as the dairy indemnity program de- U.S.C. 590a–f), including preparation of con- water to rural communities.
scribed in the Agriculture, Rural Develop- servation plans and establishment of meas-
ment, Food and Drug Administration, and WATERSHED REHABILITATION PROGRAM
ures to conserve soil and water (including
Related Agencies Appropriations Act, 2001 farm irrigation and land drainage and such Under the authorities of section 14 of the
(Public Law 106–387, 114 Stat. 1549A–12). special measures for soil and water manage- Watershed Protection and Flood Prevention
GEOGRAPHICALLY DISADVANTAGED FARMERS ment as may be necessary to prevent floods Act, $2,000,000 is provided.
AND RANCHERS and the siltation of reservoirs and to control HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out direct agricultural related pollutants); operation of
reimbursement payments to geographically conservation plant materials centers; classi- For necessary expenses to carry out the
disadvantaged farmers and ranchers under fication and mapping of soil; dissemination Healthy Forests Reserve Program under the
section 1621 of the Food Conservation, and of information; acquisition of lands, water, Healthy Forests Restoration Act of 2003 (16
Energy Act of 2008 (7 U.S.C. 8792), $4,000,000, and interests therein for use in the plant ma- U.S.C. 6571–6578), $7,000,000, to remain avail-
to remain available until expended. terials program by donation, exchange, or able until expended.
AGRICULTURAL CREDIT INSURANCE FUND purchase at a nominal cost not to exceed $100 URBAN AGRICULTURE AND INNOVATIVE
PROGRAM ACCOUNT pursuant to the Act of August 3, 1956 (7 PRODUCTION
(INCLUDING TRANSFERS OF FUNDS) U.S.C. 2268a); purchase and erection or alter-
ation or improvement of permanent and tem- For necessary expenses to carry out the
For gross obligations for the principal Urban Agriculture and Innovative Produc-
amount of direct and guaranteed farm own- porary buildings; and operation and mainte-
nance of aircraft, $941,124,000, to remain tion Program under section 222 of subtitle A
ership (7 U.S.C. 1922 et seq.) and operating (7 of the Department of Agriculture Reorga-
U.S.C. 1941 et seq.) loans, emergency loans (7 available until September 30, 2024, of which
up to $22,973,000 shall be for the purposes, and nization Act of 1994 (7 U.S.C. 6923), as added
U.S.C. 1961 et seq.), Indian tribe land acquisi- by section 12302 of Public Law 115–334,
tion loans (25 U.S.C. 5136), boll weevil loans in the amounts, specified for this account in
the table titled ‘‘Community Project Fund- $8,500,000.
(7 U.S.C. 1989), guaranteed conservation
loans (7 U.S.C. 1924 et seq.), relending pro- ing/Congressionally Directed Spending’’ in CORPORATIONS
gram (7 U.S.C. 1936c), and Indian highly the explanatory statement described in sec-
The following corporations and agencies
fractionated land loans (25 U.S.C. 5136) to be tion 4 (in the matter preceding division A of
are hereby authorized to make expenditures,
available from funds in the Agricultural this consolidated Act): Provided further, That
within the limits of funds and borrowing au-
Credit Insurance Fund, as follows: appropriations hereunder shall be available
thority available to each such corporation or
$3,500,000,000 for guaranteed farm ownership pursuant to 7 U.S.C. 2250 for construction
agency and in accord with law, and to make
loans and $3,100,000,000 for farm ownership di- and improvement of buildings and public im-
contracts and commitments without regard
rect loans; $2,118,491,000 for unsubsidized provements at plant materials centers, ex-
to fiscal year limitations as provided by sec-
guaranteed operating loans and $1,633,333,000 cept that the cost of alterations and im-
tion 104 of the Government Corporation Con-
for direct operating loans; emergency loans, provements to other buildings and other pub-
trol Act as may be necessary in carrying out
$4,062,000; Indian tribe land acquisition loans, lic improvements shall not exceed $250,000:
the programs set forth in the budget for the
$20,000,000; guaranteed conservation loans, Provided further, That when buildings or
current fiscal year for such corporation or
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$150,000,000; relending program, $61,426,000; other structures are erected on non-Federal
agency, except as hereinafter provided.
Indian highly fractionated land loans, land, that the right to use such land is ob-
$5,000,000; and for boll weevil eradication pro- tained as provided in 7 U.S.C. 2250a. FEDERAL CROP INSURANCE CORPORATION FUND
gram loans, $60,000,000: Provided, That the WATERSHED AND FLOOD PREVENTION For payments as authorized by section 516
Secretary shall deem the pink bollworm to OPERATIONS of the Federal Crop Insurance Act (7 U.S.C.
be a boll weevil for the purpose of boll weevil For necessary expenses to carry out pre- 1516), such sums as may be necessary, to re-
eradication program loans. ventive measures, including but not limited main available until expended.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7333
COMMODITY CREDIT CORPORATION FUND RURAL HOUSING SERVICE multi-family rental housing properties to re-
REIMBURSEMENT FOR NET REALIZED LOSSES RURAL HOUSING INSURANCE FUND PROGRAM structure existing USDA multi-family hous-
ACCOUNT ing loans, as the Secretary deems appro-
(INCLUDING TRANSFERS OF FUNDS) priate, expressly for the purposes of ensuring
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as the project has sufficient resources to pre-
For gross obligations for the principal
may be necessary to reimburse the Com- serve the project for the purpose of providing
amount of direct and guaranteed loans as au-
modity Credit Corporation for net realized safe and affordable housing for low-income
thorized by title V of the Housing Act of
losses sustained, but not previously reim- residents and farm laborers including reduc-
1949, to be available from funds in the rural
bursed, pursuant to section 2 of the Act of ing or eliminating interest; deferring loan
housing insurance fund, as follows:
August 17, 1961 (15 U.S.C. 713a–11): Provided, payments, subordinating, reducing or re-am-
$1,250,000,000 shall be for direct loans,
That of the funds available to the Com- ortizing loan debt; and other financial assist-
$7,500,000 shall be for a Single Family Hous-
modity Credit Corporation under section 11 ance including advances, payments and in-
ing Relending demonstration program for
of the Commodity Credit Corporation Char- centives (including the ability of owners to
Native American Tribes, and $30,000,000,000
ter Act (15 U.S.C. 714i) for the conduct of its obtain reasonable returns on investment) re-
shall be for unsubsidized guaranteed loans;
business with the Foreign Agricultural Serv- quired by the Secretary: Provided, That the
$28,000,000 for section 504 housing repair
ice, up to $5,000,000 may be transferred to and Secretary shall, as part of the preservation
loans; $70,000,000 for section 515 rental hous-
used by the Foreign Agricultural Service for and revitalization agreement, obtain a re-
ing; $400,000,000 for section 538 guaranteed
information resource management activities strictive use agreement consistent with the
multi-family housing loans; $10,000,000 for
of the Foreign Agricultural Service that are terms of the restructuring.
credit sales of single family housing acquired
not related to Commodity Credit Corpora- property; $5,000,000 for section 523 self-help In addition, for the cost of direct loans,
tion business: Provided further, That the Sec- housing land development loans; and grants, and contracts, as authorized by sec-
retary shall notify the Committees on Ap- $5,000,000 for section 524 site development tions 514 and 516 of the Housing Act of 1949
propriations of the House and Senate in writ- loans. (42 U.S.C. 1484, 1486), $14,084,000, to remain
ing 15 days prior to the obligation or com- For the cost of direct and guaranteed available until expended, for direct farm
mitment of any emergency funds from the loans, including the cost of modifying loans, labor housing loans and domestic farm labor
Commodity Credit Corporation. as defined in section 502 of the Congressional housing grants and contracts.
HAZARDOUS WASTE MANAGEMENT Budget Act of 1974, as follows: section 502 In addition, for administrative expenses
loans, $46,375,000 shall be for direct loans; necessary to carry out the direct and guar-
(LIMITATION ON EXPENSES)
Single Family Housing Relending dem- anteed loan programs, $412,254,000 shall be
For the current fiscal year, the Commodity onstration program for Native American paid to the appropriation for ‘‘Rural Devel-
Credit Corporation shall not expend more Tribes, $2,468,000; section 504 housing repair opment, Salaries and Expenses’’.
than $15,000,000 for site investigation and loans, $2,324,000; section 523 self-help housing
RENTAL ASSISTANCE PROGRAM
cleanup expenses, and operations and main- land development loans, $267,000; section 524
tenance expenses to comply with the require- site development loans, $208,000; and repair, For rental assistance agreements entered
ment of section 107(g) of the Comprehensive rehabilitation, and new construction of sec- into or renewed pursuant to the authority
Environmental Response, Compensation, and tion 515 rental housing, $13,377,000: Provided, under section 521(a)(2) of the Housing Act of
Liability Act (42 U.S.C. 9607(g)), and section That to support the loan program level for 1949 or agreements entered into in lieu of
6001 of the Solid Waste Disposal Act (42 section 538 guaranteed loans made available debt forgiveness or payments for eligible
U.S.C. 6961). under this heading the Secretary may charge households as authorized by section
TITLE III or adjust any fees to cover the projected cost 502(c)(5)(D) of the Housing Act of 1949,
of such loan guarantees pursuant to the pro- $1,487,926,000, and in addition such sums as
RURAL DEVELOPMENT PROGRAMS visions of the Credit Reform Act of 1990 (2 may be necessary, as authorized by section
OFFICE OF THE UNDER SECRETARY FOR RURAL U.S.C. 661 et seq.), and the interest on such 521(c) of the Act, to liquidate debt incurred
DEVELOPMENT loans may not be subsidized: Provided further, prior to fiscal year 1992 to carry out the rent-
That applicants in communities that have a al assistance program under section 521(a)(2)
For necessary expenses of the Office of the
current rural area waiver under section 541 of the Act: Provided, That rental assistance
Under Secretary for Rural Development,
of the Housing Act of 1949 (42 U.S.C. 1490q) agreements entered into or renewed during
$1,620,000: Provided, That funds made avail-
shall be treated as living in a rural area for the current fiscal year shall be funded for a
able by this Act to an agency in the Rural
purposes of section 502 guaranteed loans pro- one-year period: Provided further, That upon
Development mission area for salaries and
vided under this heading: Provided further, request by an owner of a project financed by
expenses are available to fund up to one ad-
That of the amounts available under this an existing loan under section 514 or 515 of
ministrative support staff for the Office.
paragraph for section 502 direct loans, no less the Act, the Secretary may renew the rental
RURAL DEVELOPMENT than $5,000,000 shall be available for direct assistance agreement for a period of 20 years
SALARIES AND EXPENSES loans for individuals whose homes will be or until the term of such loan has expired,
built pursuant to a program funded with a subject to annual appropriations: Provided
(INCLUDING TRANSFERS OF FUNDS)
mutual and self-help housing grant author- further, That any unexpended balances re-
For necessary expenses for carrying out ized by section 523 of the Housing Act of 1949 maining at the end of such one-year agree-
the administration and implementation of until June 1, 2023: Provided further, That the ments may be transferred and used for pur-
Rural Development programs, including ac- Secretary shall implement provisions to pro- poses of any debt reduction, maintenance,
tivities with institutions concerning the de- vide incentives to nonprofit organizations repair, or rehabilitation of any existing
velopment and operation of agricultural co- and public housing authorities to facilitate projects; preservation; and rental assistance
operatives; and for cooperative agreements; the acquisition of Rural Housing Service activities authorized under title V of the
$351,087,000: Provided, That of the amount (RHS) multifamily housing properties by Act: Provided further, That rental assistance
made available under this heading, up to such nonprofit organizations and public provided under agreements entered into
$5,000,000, to remain available until Sep- housing authorities that commit to keep prior to fiscal year 2023 for a farm labor
tember 30, 2024, shall be for the Rural Part- such properties in the RHS multifamily multi-family housing project financed under
ners Network activities of the Department of housing program for a period of time as de- section 514 or 516 of the Act may not be re-
Agriculture, and may be transferred to other termined by the Secretary, with such incen- captured for use in another project until
agencies of the Department for such purpose, tives to include, but not be limited to, the such assistance has remained unused for a
consistent with the missions and authorities following: allow such nonprofit entities and period of 12 consecutive months, if such
of such agencies: Provided further, That of public housing authorities to earn a Return project has a waiting list of tenants seeking
the amount made available under this head- on Investment on their own resources to in- such assistance or the project has rental as-
ing, no less than $135,000,000, to remain avail- clude proceeds from low income housing tax sistance eligible tenants who are not receiv-
able until expended, shall be used for infor- credit syndication, own contributions, ing such assistance: Provided further, That
mation technology expenses: Provided fur- grants, and developer loans at favorable such recaptured rental assistance shall, to
ther, That notwithstanding any other provi- rates and terms, invested in a deal; and allow the extent practicable, be applied to another
sion of law, funds appropriated under this reimbursement of organizational costs asso- farm labor multi-family housing project fi-
heading may be used for advertising and pro- ciated with owner’s oversight of asset re- nanced under section 514 or 516 of the Act:
motional activities that support Rural De- ferred to as ‘‘Asset Management Fee’’ of up Provided further, That except as provided in
velopment programs: Provided further, That to $7,500 per property. the fourth proviso under this heading and
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in addition to any other funds appropriated In addition, for the cost of direct loans and notwithstanding any other provision of the
for purposes authorized by section 502(i) of grants, including the cost of modifying Act, the Secretary may recapture rental as-
the Housing Act of 1949 (42 U.S.C. 1472(i)), loans, as defined in section 502 of the Con- sistance provided under agreements entered
any amounts collected under such section, as gressional Budget Act of 1974, $36,000,000, to into prior to fiscal year 2023 for a project
amended by this Act, will immediately be remain available until expended, for a dem- that the Secretary determines no longer
credited to this account and will remain onstration program for the preservation and needs rental assistance and use such recap-
available until expended for such purposes. revitalization of the sections 514, 515, and 516 tured funds for current needs.
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S7334 CONGRESSIONAL RECORD — SENATE December 19, 2022
RURAL HOUSING VOUCHER ACCOUNT intermediary organizations shall provide shall be available through June 30, 2023, for
For the rural housing voucher program as matching funds from other sources, includ- Mississippi Delta Region counties (as deter-
authorized under section 542 of the Housing ing Federal funds for related activities, in an mined in accordance with Public Law 100–
Act of 1949, but notwithstanding subsection amount not less than funds provided: Pro- 460): Provided, That such costs, including the
(b) of such section, $48,000,000, to remain vided further, That any unobligated balances cost of modifying such loans, shall be as de-
available until expended: Provided, That the from prior year appropriations under this fined in section 502 of the Congressional
funds made available under this heading heading for the cost of direct loans, loan Budget Act of 1974.
shall be available for rural housing vouchers guarantees and grants, including amounts In addition, for administrative expenses to
to any low-income household (including deobligated or cancelled, may be made avail- carry out the direct loan programs, $4,468,000
those not receiving rental assistance) resid- able to cover the subsidy costs for direct shall be paid to the appropriation for ‘‘Rural
ing in a property financed with a section 515 loans and or loan guarantees under this Development, Salaries and Expenses’’.
loan which has been prepaid or otherwise heading in this fiscal year: Provided further, RURAL ECONOMIC DEVELOPMENT LOANS
paid off after September 30, 2005: Provided That no amounts may be made available pur- PROGRAM ACCOUNT
further, That the amount of such voucher suant to the preceding proviso from amounts For the principal amount of direct loans,
shall be the difference between comparable that were designated by the Congress as an as authorized under section 313B(a) of the
market rent for the section 515 unit and the emergency requirement pursuant to a Con- Rural Electrification Act, for the purpose of
tenant paid rent for such unit: Provided fur- current Resolution on the Budget or the Bal- promoting rural economic development and
ther, That funds made available for such anced Budget and Emergency Deficit Control job creation projects, $75,000,000.
vouchers shall be subject to the availability Act of 1985, or that were specified in the The cost of grants authorized under sec-
of annual appropriations: Provided further, table titled ‘‘Community Project Funding/ tion 313B(a) of the Rural Electrification Act,
That the Secretary shall, to the maximum Congressionally Directed Spending’’ in the for the purpose of promoting rural economic
extent practicable, administer such vouchers explanatory statement for division A of Pub- development and job creation projects shall
with current regulations and administrative lic Law 117-103 described in section 4 in the not exceed $15,000,000.
guidance applicable to section 8 housing matter preceding such division A: Provided
RURAL COOPERATIVE DEVELOPMENT GRANTS
vouchers administered by the Secretary of further, That $10,000,000 of the amount appro-
the Department of Housing and Urban Devel- priated under this heading shall be available For rural cooperative development grants
opment: Provided further, That in addition to for community facilities grants to tribal col- authorized under section 310B(e) of the Con-
any other available funds, the Secretary may leges, as authorized by section 306(a)(19) of solidated Farm and Rural Development Act
expend not more than $1,000,000 total, from such Act: Provided further, That sections (7 U.S.C. 1932), $28,300,000, of which $3,500,000
the program funds made available under this 381E–H and 381N of the Consolidated Farm shall be for cooperative agreements for the
heading, for administrative expenses for ac- and Rural Development Act are not applica- appropriate technology transfer for rural
tivities funded under this heading. ble to the funds made available under this areas program: Provided, That not to exceed
heading. $3,000,000 shall be for grants for cooperative
MUTUAL AND SELF-HELP HOUSING GRANTS
RURAL BUSINESS—COOPERATIVE SERVICE development centers, individual coopera-
For grants and contracts pursuant to sec- tives, or groups of cooperatives that serve
tion 523(b)(1)(A) of the Housing Act of 1949 (42 RURAL BUSINESS PROGRAM ACCOUNT
socially disadvantaged groups and a major-
U.S.C. 1490c), $32,000,000, to remain available For the cost of loan guarantees and grants, ity of the boards of directors or governing
until expended. for the rural business development programs boards of which are comprised of individuals
RURAL HOUSING ASSISTANCE GRANTS authorized by section 310B and described in who are members of socially disadvantaged
For grants for very low-income housing re- subsections (a), (c), (f) and (g) of section 310B groups; and of which $16,000,000, to remain
pair and rural housing preservation made by of the Consolidated Farm and Rural Develop- available until expended, shall be for value-
the Rural Housing Service, as authorized by ment Act, $86,520,000, to remain available added agricultural product market develop-
42 U.S.C. 1474, and 1490m, $48,000,000, to re- until expended: Provided, That of the amount ment grants, as authorized by section 210A of
main available until expended. appropriated under this heading, not to ex- the Agricultural Marketing Act of 1946, of
RURAL COMMUNITY FACILITIES PROGRAM ceed $500,000 shall be made available for one which $3,000,000, to remain available until ex-
ACCOUNT grant to a qualified national organization to pended, shall be for Agriculture Innovation
provide technical assistance for rural trans- Centers authorized pursuant to section 6402
(INCLUDING TRANSFERS OF FUNDS)
portation in order to promote economic de- of Public Law 107–171.
For gross obligations for the principal velopment and $9,000,000 shall be for grants
amount of direct and guaranteed loans as au- RURAL MICROENTREPRENEUR ASSISTANCE
to the Delta Regional Authority (7 U.S.C.
thorized by section 306 and described in sec- PROGRAM
2009aa et seq.), the Northern Border Regional
tion 381E(d)(1) of the Consolidated Farm and Commission (40 U.S.C. 15101 et seq.), and the For the principal amount of direct loans as
Rural Development Act, $2,800,000,000 for di- Appalachian Regional Commission (40 U.S.C. authorized by section 379E of the Consoli-
rect loans and $650,000,000 for guaranteed 14101 et seq.) for any Rural Community Ad- dated Farm and Rural Development Act (7
loans. vancement Program purpose as described in U.S.C. 2008s), $25,000,000.
For the cost of direct loans, loan guaran- section 381E(d) of the Consolidated Farm and For the cost of loans and grants, $6,000,000
tees and grants, including the cost of modi- Rural Development Act, of which not more under the same terms and conditions as au-
fying loans, as defined in section 502 of the than 5 percent may be used for administra- thorized by section 379E of the Consolidated
Congressional Budget Act of 1974, for rural tive expenses: Provided further, That Farm and Rural Development Act (7 U.S.C.
community facilities programs as authorized $4,000,000 of the amount appropriated under 2008s).
by section 306 and described in section this heading shall be for business grants to RURAL ENERGY FOR AMERICA PROGRAM
381E(d)(1) of the Consolidated Farm and benefit Federally Recognized Native Amer- For the principal amount of loan guaran-
Rural Development Act, $341,490,328, to re- ican Tribes, including $250,000 for a grant to tees, under the same terms and conditions as
main available until expended, of which up a qualified national organization to provide authorized by section 9007 of the Farm Secu-
to $325,490,328 shall be for the purposes, and technical assistance for rural transportation rity and Rural Investment Act of 2002 (7
in the amounts, specified for this account in in order to promote economic development: U.S.C. 8107), $20,000,000.
the table titled ‘‘Community Project Fund- Provided further, That of the amount appro- For the cost of a program of loan guaran-
ing/Congressionally Directed Spending’’ in priated under this heading, $2,000,000 shall be tees, under the same terms and conditions as
the explanatory statement described in sec- for the Rural Innovation Stronger Economy authorized by section 9007 of the Farm Secu-
tion 4 (in the matter preceding division A of Grant Program (7 U.S.C. 2008w): Provided fur- rity and Rural Investment Act of 2002 (7
this consolidated Act): Provided, That ther, That sections 381E–H and 381N of the U.S.C. 8107), $18,000: Provided, That the cost
$6,000,000 of the amount appropriated under Consolidated Farm and Rural Development of loan guarantees, including the cost of
this heading shall be available for a Rural Act are not applicable to funds made avail- modifying such loans, shall be as defined in
Community Development Initiative: Provided able under this heading. section 502 of the Congressional Budget Act
further, That such funds shall be used solely
INTERMEDIARY RELENDING PROGRAM FUND of 1974.
to develop the capacity and ability of pri-
ACCOUNT HEALTHY FOOD FINANCING INITIATIVE
vate, nonprofit community-based housing
and community development organizations, (INCLUDING TRANSFER OF FUNDS) For the cost of loans and grants that is
low-income rural communities, and Feder- For the principal amount of direct loans, consistent with section 243 of subtitle D of
ally Recognized Native American Tribes to as authorized by the Intermediary Relending title II of the Department of Agriculture Re-
undertake projects to improve housing, com- Program Fund Account (7 U.S.C. 1936b), organization Act of 1994 (7 U.S.C. 6953), as
dlhill on DSK120RN23PROD with SENATE
munity facilities, community and economic $18,889,000. added by section 4206 of the Agricultural Act
development projects in rural areas: Provided For the cost of direct loans, $3,313,000, as of 2014, for necessary expenses of the Sec-
further, That such funds shall be made avail- authorized by the Intermediary Relending retary to support projects that provide ac-
able to qualified private, nonprofit and pub- Program Fund Account (7 U.S.C. 1936b), of cess to healthy food in underserved areas, to
lic intermediary organizations proposing to which $331,000 shall be available through create and preserve quality jobs, and to revi-
carry out a program of financial and tech- June 30, 2023, for Federally Recognized Na- talize low-income communities, $3,000,000, to
nical assistance: Provided further, That such tive American Tribes; and of which $663,000 remain available until expended: Provided,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7335
That such costs of loans, including the cost rural water systems: Provided further, That tion 4 (in the matter preceding division A of
of modifying such loans, shall be as defined not to exceed $4,000,000 of the amounts made this consolidated Act): Provided, That
in section 502 of the Congressional Budget available under this heading shall be for $3,000,000 shall be made available for grants
Act of 1974. solid waste management grants: Provided fur- authorized by section 379G of the Consoli-
RURAL UTILITIES SERVICE ther, That not to exceed $2,724,000 of the dated Farm and Rural Development Act: Pro-
RURAL WATER AND WASTE DISPOSAL PROGRAM amounts appropriated under this heading vided further, That funding provided under
ACCOUNT shall be available as the Secretary deems ap- this heading for grants under section 379G of
propriate for water and waste direct one per- the Consolidated Farm and Rural Develop-
(INCLUDING TRANSFERS OF FUNDS)
cent loans for distressed communities: Pro- ment Act may only be provided to entities
For gross obligations for the principal that meet all of the eligibility criteria for a
vided further, That if the Secretary deter-
amount of direct and guaranteed loans as au- consortium as established by this section.
mines that any portion of the amount made
thorized by section 306 and described in sec- For the cost of broadband loans, as author-
available for one percent loans is not needed
tion 381E(d)(2) of the Consolidated Farm and ized by sections 601 and 602 of the Rural Elec-
for such loans, the Secretary may use such
Rural Development Act, as follows: trification Act, $3,000,000, to remain avail-
amounts for grants authorized by section
$1,420,000,000 for direct loans; and $50,000,000 able until expended: Provided, That the cost
306(a)(2) of the Consolidated Farm and Rural
for guaranteed loans. of direct loans shall be as defined in section
For the cost of loan guarantees and grants, Development Act: Provided further, That if
any funds made available for the direct loan 502 of the Congressional Budget Act of 1974.
including the cost of modifying loans, as de- For the cost to continue a broadband loan
fined in section 502 of the Congressional subsidy costs remain unobligated after July
and grant pilot program established by sec-
Budget Act of 1974, for rural water, waste 31, 2024, such unobligated balances may be
tion 779 of division A of the Consolidated Ap-
water, waste disposal, and solid waste man- used for grant programs funded under this
propriations Act, 2018 (Public Law 115–141)
agement programs authorized by sections heading: Provided further, That $10,000,000 of
under the Rural Electrification Act of 1936,
306, 306A, 306C, 306D, 306E, and 310B and de- the amount appropriated under this heading
as amended (7 U.S.C. 901 et seq.), $363,512,317,
scribed in sections 306C(a)(2), 306D, 306E, and shall be transferred to, and merged with, the
to remain available until expended, of which
381E(d)(2) of the Consolidated Farm and Rural Utilities Service, High Energy Cost
up to $15,512,317 shall be for the purposes, and
Rural Development Act, $596,404,000, to re- Grants Account to provide grants authorized
in the amounts, specified for this account in
main available until expended, of which not under section 19 of the Rural Electrification the table titled ‘‘Community Project Fund-
to exceed $1,000,000 shall be available for the Act of 1936 (7 U.S.C. 918a): Provided further, ing/Congressionally Directed Spending’’ in
rural utilities program described in section That sections 381E–H and 381N of the Con- the explanatory statement described in sec-
306(a)(2)(B) of such Act, and of which not to solidated Farm and Rural Development Act tion 4 (in the matter preceding division A of
exceed $5,000,000 shall be available for the are not applicable to the funds made avail- this consolidated Act): Provided, That the
rural utilities program described in section able under this heading. Secretary may award grants described in
306E of such Act: Provided, That not to ex- RURAL ELECTRIFICATION AND TELECOMMUNI- section 601(a) of the Rural Electrification
ceed $15,000,000 of the amount appropriated CATIONS LOANS PROGRAM ACCOUNT Act of 1936, as amended (7 U.S.C. 950bb(a)) for
under this heading shall be for grants au- (INCLUDING TRANSFER OF FUNDS) the purposes of carrying out such pilot pro-
thorized by section 306A(i)(2) of the Consoli- gram: Provided further, That the cost of di-
The principal amount of loans and loan
dated Farm and Rural Development Act in rect loans shall be defined in section 502 of
guarantees as authorized by sections 4, 305,
addition to funding authorized by section the Congressional Budget Act of 1974: Pro-
306, 313A, and 317 of the Rural Electrification
306A(i)(1) of such Act: Provided further, That vided further, That at least 90 percent of the
Act of 1936 (7 U.S.C. 904, 935, 936, 940c–1, and
$70,000,000 of the amount appropriated under households to be served by a project receiv-
940g) shall be made as follows: guaranteed
this heading shall be for loans and grants in- ing a loan or grant under the pilot program
rural electric loans made pursuant to section
cluding water and waste disposal systems shall be in a rural area without sufficient ac-
306 of that Act, $2,167,000,000; cost of money
grants authorized by section 306C(a)(2)(B) cess to broadband: Provided further, That for
direct loans made pursuant to sections 4,
and section 306D of the Consolidated Farm purposes of such pilot program, a rural area
notwithstanding the one-eighth of one per-
and Rural Development Act, and Federally without sufficient access to broadband shall
cent in 4(c)(2), and 317, notwithstanding
Recognized Native American Tribes author- be defined as twenty-five megabits per sec-
317(c), of that Act, $4,333,000,000; guaranteed
ized by 306C(a)(1) of such Act: Provided fur- ond downstream and three megabits per sec-
underwriting loans pursuant to section 313A ond upstream: Provided further, That to the
ther, That funding provided for section 306D
of that Act, $900,000,000; and for cost-of- extent possible, projects receiving funds pro-
of the Consolidated Farm and Rural Develop-
money rural telecommunications loans made vided under the pilot program must build out
ment Act may be provided to a consortium
pursuant to section 305(d)(2) of that Act, service to at least one hundred megabits per
formed pursuant to section 325 of Public Law
$690,000,000: Provided, That up to $2,000,000,000 second downstream, and twenty megabits
105–83: Provided further, That not more than 2
shall be used for the construction, acquisi- per second upstream: Provided further, That
percent of the funding provided for section
tion, design, engineering or improvement of an entity to which a loan or grant is made
306D of the Consolidated Farm and Rural De-
fossil-fueled electric generating plants under the pilot program shall not use the
velopment Act may be used by the State of
(whether new or existing) that utilize carbon loan or grant to overbuild or duplicate
Alaska for training and technical assistance
subsurface utilization and storage systems. broadband service in a service area by any
programs and not more than 2 percent of the
For the cost of direct loans as authorized entity that has received a broadband loan
funding provided for section 306D of the Con-
by section 305(d)(2) of the Rural Electrifica- from the Rural Utilities Service unless such
solidated Farm and Rural Development Act
tion Act of 1936 (7 U.S.C. 935(d)(2)), including service is not provided sufficient access to
may be used by a consortium formed pursu-
the cost of modifying loans, as defined in broadband at the minimum service thresh-
ant to section 325 of Public Law 105–83 for
section 502 of the Congressional Budget Act old: Provided further, That not more than
training and technical assistance programs:
of 1974, cost of money rural telecommuni- four percent of the funds made available in
Provided further, That not to exceed
cations loans, $3,726,000. this paragraph can be used for administra-
$37,500,000 of the amount appropriated under
In addition, $11,500,000 to remain available tive costs to carry out the pilot program and
this heading shall be for technical assistance
until expended, to carry out section 6407 of up to three percent of funds made available
grants for rural water and waste systems
the Farm Security and Rural Investment in this paragraph may be available for tech-
pursuant to section 306(a)(14) of such Act, un-
Act of 2002 (7 U.S.C. 8107a): Provided, That nical assistance and pre-development plan-
less the Secretary makes a determination of
the energy efficiency measures supported by ning activities to support the most rural
extreme need, of which $8,500,000 shall be
the funding in this paragraph shall con- communities: Provided further, That the
made available for a grant to a qualified
tribute in a demonstrable way to the reduc- Rural Utilities Service is directed to expe-
nonprofit multi-State regional technical as-
tion of greenhouse gases. dite program delivery methods that would
sistance organization, with experience in
In addition, for administrative expenses implement this paragraph: Provided further,
working with small communities on water
necessary to carry out the direct and guar- That for purposes of this paragraph, the Sec-
and waste water problems, the principal pur-
anteed loan programs, $33,270,000, which shall retary shall adhere to the notice, reporting
pose of such grant shall be to assist rural
be paid to the appropriation for ‘‘Rural De- and service area assessment requirements
communities with populations of 3,300 or
velopment, Salaries and Expenses’’. set forth in section 701 of the Rural Elec-
less, in improving the planning, financing,
DISTANCE LEARNING, TELEMEDICINE, AND trification Act (7 U.S.C. 950cc).
development, operation, and management of
BROADBAND PROGRAM In addition, $35,000,000, to remain available
water and waste water systems, and of which until expended, for the Community Connect
not less than $800,000 shall be for a qualified For grants for telemedicine and distance Grant Program authorized by 7 U.S.C. 950bb–
national Native American organization to learning services in rural areas, as author- 3.
dlhill on DSK120RN23PROD with SENATE
provide technical assistance for rural water ized by 7 U.S.C. 950aaa et seq., $64,991,000, to
remain available until expended, of which up TITLE IV
systems for tribal communities: Provided fur-
ther, That not to exceed $21,180,000 of the to $4,991,000 shall be for the purposes, and in DOMESTIC FOOD PROGRAMS
amount appropriated under this heading the amounts, specified for this account in OFFICE OF THE UNDER SECRETARY FOR FOOD,
shall be for contracting with qualified na- the table titled ‘‘Community Project Fund- NUTRITION, AND CONSUMER SERVICES
tional organizations for a circuit rider pro- ing/Congressionally Directed Spending’’ in For necessary expenses of the Office of the
gram to provide technical assistance for the explanatory statement described in sec- Under Secretary for Food, Nutrition, and
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
S7336 CONGRESSIONAL RECORD — SENATE December 19, 2022
Consumer Services, $1,376,000: Provided, That authorized by section 17 of the Child Nutri- lands, as authorized by section 103(f)(2) of the
funds made available by this Act to an agen- tion Act of 1966 (42 U.S.C. 1786), $6,000,000,000, Compact of Free Association Amendments
cy in the Food, Nutrition and Consumer to remain available through September 30, Act of 2003 (Public Law 108–188); and the
Services mission area for salaries and ex- 2024: Provided, That notwithstanding section Farmers’ Market Nutrition Program, as au-
penses are available to fund up to one admin- 17(h)(10) of the Child Nutrition Act of 1966 (42 thorized by section 17(m) of the Child Nutri-
istrative support staff for the Office. U.S.C. 1786(h)(10)), not less than $90,000,000 tion Act of 1966, $457,710,000, to remain avail-
FOOD AND NUTRITION SERVICE shall be used for breastfeeding peer coun- able through September 30, 2024: Provided,
CHILD NUTRITION PROGRAMS selors and other related activities, and That none of these funds shall be available
$14,000,000 shall be used for infrastructure: to reimburse the Commodity Credit Corpora-
(INCLUDING TRANSFERS OF FUNDS)
Provided further, That the Secretary shall use tion for commodities donated to the pro-
For necessary expenses to carry out the funds made available under this heading to gram: Provided further, That notwithstanding
Richard B. Russell National School Lunch increase the amount of a cash-value voucher any other provision of law, effective with
Act (42 U.S.C. 1751 et seq.), except section 21, for women and children participants to an funds made available in fiscal year 2023 to
and the Child Nutrition Act of 1966 (42 U.S.C. amount recommended by the National Acad- support the Seniors Farmers’ Market Nutri-
1771 et seq.), except sections 17 and 21; emies of Science, Engineering and Medicine tion Program, as authorized by section 4402
$28,545,432,000 to remain available through and adjusted for inflation: Provided further, of the Farm Security and Rural Investment
September 30, 2024, of which such sums as are That none of the funds provided in this ac- Act of 2002, such funds shall remain available
made available under section 14222(b)(1) of count shall be available for the purchase of through September 30, 2024: Provided further,
the Food, Conservation, and Energy Act of infant formula except in accordance with the That of the funds made available under sec-
2008 (Public Law 110–246), as amended by this cost containment and competitive bidding tion 27(a) of the Food and Nutrition Act of
Act, shall be merged with and available for requirements specified in section 17 of such 2008 (7 U.S.C. 2036(a)), the Secretary may use
the same time period and purposes as pro- Act: Provided further, That none of the funds up to 20 percent for costs associated with the
vided herein: Provided, That of the total provided shall be available for activities that distribution of commodities.
amount available, $20,162,000 shall be avail- are not fully reimbursed by other Federal NUTRITION PROGRAMS ADMINISTRATION
able to carry out section 19 of the Child Nu- Government departments or agencies unless
trition Act of 1966 (42 U.S.C. 1771 et seq.): For necessary administrative expenses of
authorized by section 17 of such Act: Pro- the Food and Nutrition Service for carrying
Provided further, That of the total amount vided further, That upon termination of a fed-
available, $21,005,000 shall be available to out any domestic nutrition assistance pro-
erally mandated vendor moratorium and gram, $189,348,000: Provided, That of the funds
carry out studies and evaluations and shall subject to terms and conditions established
remain available until expended: Provided provided herein, $2,000,000 shall be used for
by the Secretary, the Secretary may waive the purposes of section 4404 of Public Law
further, That of the total amount available, the requirement at 7 CFR 246.12(g)(6) at the
$14,000,000 shall remain available until ex- 107–171, as amended by section 4401 of Public
request of a State agency. Law 110–246.
pended to carry out section 18(g) of the Rich-
SUPPLEMENTAL NUTRITION ASSISTANCE TITLE V
ard B. Russell National School Lunch Act (42
PROGRAM
U.S.C. 1769(g)): Provided further, That not- FOREIGN ASSISTANCE AND RELATED
withstanding section 18(g)(3)(C) of the Rich- For necessary expenses to carry out the PROGRAMS
ard B. Russell National School Lunch Act (42 Food and Nutrition Act of 2008 (7 U.S.C. 2011
OFFICE OF THE UNDER SECRETARY FOR TRADE
U.S.C. 1769(g)(3)(c)), the total grant amount et seq.), $153,863,723,000, of which AND FOREIGN AGRICULTURAL AFFAIRS
provided to a farm to school grant recipient $3,000,000,000, to remain available through
September 30, 2025, shall be placed in reserve For necessary expenses of the Office of the
in fiscal year 2023 shall not exceed $500,000: Under Secretary for Trade and Foreign Agri-
Provided further, That of the total amount for use only in such amounts and at such
cultural Affairs, $932,000: Provided, That
available, $30,000,000 shall be available to times as may become necessary to carry out
funds made available by this Act to any
provide competitive grants to State agencies program operations: Provided, That funds
agency in the Trade and Foreign Agricul-
for subgrants to local educational agencies provided herein shall be expended in accord-
tural Affairs mission area for salaries and
and schools to purchase the equipment, with ance with section 16 of the Food and Nutri-
expenses are available to fund up to one ad-
a value of greater than $1,000, needed to tion Act of 2008: Provided further, That of the
ministrative support staff for the Office.
serve healthier meals, improve food safety, funds made available under this heading,
$998,000 may be used to provide nutrition OFFICE OF CODEX ALIMENTARIUS
and to help support the establishment, main-
tenance, or expansion of the school breakfast education services to State agencies and For necessary expenses of the Office of
program: Provided further, That of the total Federally Recognized Tribes participating in Codex Alimentarius, $4,922,000, including not
amount available, $40,000,000 shall remain the Food Distribution Program on Indian to exceed $40,000 for official reception and
available until expended to carry out section Reservations: Provided further, That of the representation expenses.
749(g) of the Agriculture Appropriations Act funds made available under this heading, FOREIGN AGRICULTURAL SERVICE
of 2010 (Public Law 111–80): Provided further, $3,000,000, to remain available until Sep- SALARIES AND EXPENSES
That of the total amount available, $2,000,000 tember 30, 2024, shall be used to carry out (INCLUDING TRANSFERS OF FUNDS)
shall remain available until expended to section 4003(b) of Public Law 115–334 relating For necessary expenses of the Foreign Ag-
carry out activities authorized under sub- to demonstration projects for tribal organi- ricultural Service, including not to exceed
sections (a)(2) and (e)(2) of section 21 of the zations: Provided further, That this appro- $250,000 for representation allowances and for
Richard B. Russell National School Lunch priation shall be subject to any work reg- expenses pursuant to section 8 of the Act ap-
Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)): Pro- istration or workfare requirements as may proved August 3, 1956 (7 U.S.C. 1766),
vided further, That of the total amount avail- be required by law: Provided further, That $237,330,000, of which no more than 6 percent
able, $3,000,000 shall be available until Sep- funds made available for Employment and shall remain available until September 30,
tember 30, 2024 to carry out section 23 of the Training under this heading shall remain 2024, for overseas operations to include the
Child Nutrition Act of 1966 (42 U.S.C. 1793), of available through September 30, 2024: Pro- payment of locally employed staff: Provided,
which $1,000,000 shall be for grants under vided further, That funds made available That the Service may utilize advances of
such section to the Commonwealth of Puerto under this heading for section 28(d)(1), sec- funds, or reimburse this appropriation for ex-
Rico, the Commonwealth of the Northern tion 4(b), and section 27(a) of the Food and penditures made on behalf of Federal agen-
Mariana Islands, the United States Virgin Is- Nutrition Act of 2008 shall remain available cies, public and private organizations and in-
lands, Guam, and American Samoa: Provided through September 30, 2024: Provided further, stitutions under agreements executed pursu-
further, That section 26(d) of the Richard B. That none of the funds made available under ant to the agricultural food production as-
Russell National School Lunch Act (42 U.S.C. this heading may be obligated or expended in sistance programs (7 U.S.C. 1737) and the for-
1769g(d)) is amended in the first sentence by contravention of section 213A of the Immi- eign assistance programs of the United
striking ‘‘2010 through 2023’’ and inserting gration and Nationality Act (8 U.S.C. 1183A): States Agency for International Develop-
‘‘2010 through 2024’’: Provided further, That Provided further, That funds made available ment: Provided further, That funds made
section 9(h)(3) of the Richard B. Russell Na- under this heading may be used to enter into available for middle-income country training
tional School Lunch Act (42 U.S.C. 1758(h)(3)) contracts and employ staff to conduct stud- programs, funds made available for the
is amended in the first sentence by striking ies, evaluations, or to conduct activities re- Borlaug International Agricultural Science
‘‘For fiscal year 2022’’ and inserting ‘‘For fis- lated to program integrity provided that and Technology Fellowship program, and up
cal year 2023’’: Provided further, That section such activities are authorized by the Food to $2,000,000 of the Foreign Agricultural
9(h)(4) of the Richard B. Russell National and Nutrition Act of 2008. Service appropriation solely for the purpose
School Lunch Act (42 U.S.C. 1758(h)(4)) is COMMODITY ASSISTANCE PROGRAM of offsetting fluctuations in international
dlhill on DSK120RN23PROD with SENATE
amended in the first sentence by striking For necessary expenses to carry out dis- currency exchange rates, subject to docu-
‘‘For fiscal year 2022’’ and inserting ‘‘For fis- aster assistance and the Commodity Supple- mentation by the Foreign Agricultural Serv-
cal year 2023’’. mental Food Program as authorized by sec- ice, shall remain available until expended.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM tion 4(a) of the Agriculture and Consumer FOOD FOR PEACE TITLE II GRANTS
FOR WOMEN, INFANTS, AND CHILDREN (WIC) Protection Act of 1973 (7 U.S.C. 612c note); For expenses during the current fiscal
For necessary expenses to carry out the the Emergency Food Assistance Act of 1983; year, not otherwise recoverable, and unre-
special supplemental nutrition program as special assistance for the nuclear affected is- covered prior years’ costs, including interest
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7337
thereon, under the Food for Peace Act (Pub- 379j–12, and shall be credited to this account shall only be from amounts made available
lic Law 83–480), for commodities supplied in and remain available until expended; under this heading for other activities and
connection with dispositions abroad under $29,303,000 shall be derived from generic new shall not exceed $2,000,000: Provided further,
title II of said Act, $1,750,000,000, to remain animal drug user fees authorized by 21 U.S.C. That of the amounts that are made available
available until expended. 379j–21, and shall be credited to this account under this heading for ‘‘other activities’’,
MCGOVERN-DOLE INTERNATIONAL FOOD FOR and remain available until expended; and that are not derived from user fees,
EDUCATION AND CHILD NUTRITION PROGRAM $712,000,000 shall be derived from tobacco $1,500,000 shall be transferred to and merged
GRANTS product user fees authorized by 21 U.S.C. with the appropriation for ‘‘Department of
387s, and shall be credited to this account Health and Human Services—Office of In-
For necessary expenses to carry out the
and remain available until expended: Pro- spector General’’ for oversight of the pro-
provisions of section 3107 of the Farm Secu-
vided further, That in addition to and not- grams and operations of the Food and Drug
rity and Rural Investment Act of 2002 (7
withstanding any other provision under this Administration and shall be in addition to
U.S.C. 1736o–1), $243,331,000, to remain avail-
heading, amounts collected for prescription funds otherwise made available for oversight
able until expended: Provided, That the Com-
drug user fees, medical device user fees, of the Food and Drug Administration: Pro-
modity Credit Corporation is authorized to
human generic drug user fees, biosimilar bio- vided further, That funds may be transferred
provide the services, facilities, and authori-
logical product user fees, animal drug user from one specified activity to another with
ties for the purpose of implementing such fees, and generic new animal drug user fees
section, subject to reimbursement from the prior approval of the Committees on Ap-
that exceed the respective fiscal year 2023 propriations of both Houses of Congress.
amounts provided herein: Provided further, limitations are appropriated and shall be
That of the amount made available under In addition, mammography user fees au-
credited to this account and remain avail- thorized by 42 U.S.C. 263b, export certifi-
this heading, not more than 10 percent, but able until expended: Provided further, That
not less than $24,300,000, shall remain avail- cation user fees authorized by 21 U.S.C. 381,
fees derived from prescription drug, medical priority review user fees authorized by 21
able until expended to purchase agricultural device, human generic drug, biosimilar bio-
commodities as described in subsection U.S.C. 360n and 360ff, food and feed recall
logical product, animal drug, and generic fees, food reinspection fees, and voluntary
3107(a)(2) of the Farm Security and Rural In- new animal drug assessments for fiscal year
vestment Act of 2002 (7 U.S.C. 1736o–1(a)(2)). qualified importer program fees authorized
2023, including any such fees collected prior by 21 U.S.C. 379j–31, outsourcing facility fees
COMMODITY CREDIT CORPORATION EXPORT to fiscal year 2023 but credited for fiscal year authorized by 21 U.S.C. 379j–62, prescription
(LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT 2023, shall be subject to the fiscal year 2023 drug wholesale distributor licensing and in-
(INCLUDING TRANSFERS OF FUNDS) limitations: Provided further, That the Sec- spection fees authorized by 21 U.S.C.
For administrative expenses to carry out retary may accept payment during fiscal 353(e)(3), third-party logistics provider li-
the Commodity Credit Corporation’s Export year 2023 of user fees specified under this censing and inspection fees authorized by 21
Guarantee Program, GSM 102 and GSM 103, heading and authorized for fiscal year 2024, U.S.C. 360eee–3(c)(1), third-party auditor fees
$6,063,000, to cover common overhead ex- prior to the due date for such fees, and that authorized by 21 U.S.C. 384d(c)(8), medical
penses as permitted by section 11 of the Com- amounts of such fees assessed for fiscal year countermeasure priority review voucher user
modity Credit Corporation Charter Act and 2024 for which the Secretary accepts pay- fees authorized by 21 U.S.C. 360bbb–4a, and
in conformity with the Federal Credit Re- ment in fiscal year 2023 shall not be included
fees relating to over-the-counter monograph
form Act of 1990, which shall be transferred in amounts under this heading: Provided fur-
drugs authorized by 21 U.S.C. 379j–72 shall be
to and merged with the appropriation for ther, That none of these funds shall be used
credited to this account, to remain available
‘‘Foreign Agricultural Service, Salaries and to develop, establish, or operate any program
until expended.
Expenses’’. of user fees authorized by 31 U.S.C. 9701: Pro-
vided further, That of the total amount ap- BUILDINGS AND FACILITIES
TITLE VI propriated: (1) $1,196,097,000 shall be for the For plans, construction, repair, improve-
RELATED AGENCY AND FOOD AND DRUG Center for Food Safety and Applied Nutri- ment, extension, alteration, demolition, and
ADMINISTRATION tion and related field activities in the Office purchase of fixed equipment or facilities of
DEPARTMENT OF HEALTH AND HUMAN of Regulatory Affairs, of which no less than or used by the Food and Drug Administra-
SERVICES $15,000,000 shall be used for inspections of for- tion, where not otherwise provided,
FOOD AND DRUG ADMINISTRATION eign seafood manufacturers and field exami- $12,788,000, to remain available until ex-
nations of imported seafood; (2) $2,289,290,000 pended.
SALARIES AND EXPENSES
shall be for the Center for Drug Evaluation FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFERS OF FUNDS) and Research and related field activities in
For necessary expenses of the Food and (INCLUDING TRANSFER OF FUNDS)
the Office of Regulatory Affairs, of which no
Drug Administration, including hire and pur- less than $10,000,000 shall be for pilots to in- For necessary expenses to carry out the
chase of passenger motor vehicles; for pay- crease unannounced foreign inspections and purposes described under section 1002(b)(4) of
ment of space rental and related costs pursu- shall remain available until expended; (3) the 21st Century Cures Act, in addition to
ant to Public Law 92–313 for programs and $489,594,000 shall be for the Center for Bio- amounts available for such purposes under
activities of the Food and Drug Administra- logics Evaluation and Research and for re- the heading ‘‘Salaries and Expenses’’,
tion which are included in this Act; for rent- lated field activities in the Office of Regu- $50,000,000, to remain available until ex-
al of special purpose space in the District of latory Affairs; (4) $287,339,000 shall be for the pended: Provided, That amounts appropriated
Columbia or elsewhere; in addition to Center for Veterinary Medicine and for re- in this paragraph are appropriated pursuant
amounts appropriated to the FDA Innova- lated field activities in the Office of Regu- to section 1002(b)(3) of the 21st Century Cures
tion Account, for carrying out the activities latory Affairs; (5) $736,359,000 shall be for the Act, are to be derived from amounts trans-
described in section 1002(b)(4) of the 21st Cen- Center for Devices and Radiological Health ferred under section 1002(b)(2)(A) of such Act,
tury Cures Act (Public Law 114–255); for mis- and for related field activities in the Office and may be transferred by the Commissioner
cellaneous and emergency expenses of en- of Regulatory Affairs; (6) $76,919,000 shall be of Food and Drugs to the appropriation for
forcement activities, authorized and ap- for the National Center for Toxicological Re- ‘‘Department of Health and Human Services
proved by the Secretary and to be accounted search; (7) $677,165,000 shall be for the Center Food and Drug Administration Salaries and
for solely on the Secretary’s certificate, not for Tobacco Products and for related field Expenses’’ solely for the purposes provided in
to exceed $25,000; and notwithstanding sec- activities in the Office of Regulatory Affairs; such Act: Provided further, That upon a de-
tion 521 of Public Law 107–188; $6,562,793,000: (8) $214,082,000 shall be for Rent and Related termination by the Commissioner that funds
Provided, That of the amount provided under activities, of which $55,893,000 is for White transferred pursuant to the previous proviso
this heading, $1,310,319,000 shall be derived Oak Consolidation, other than the amounts are not necessary for the purposes provided,
from prescription drug user fees authorized paid to the General Services Administration such amounts may be transferred back to
by 21 U.S.C. 379h, and shall be credited to for rent; (9) $236,166,000 shall be for payments the account: Provided further, That such
this account and remain available until ex- to the General Services Administration for transfer authority is in addition to any other
pended; $324,777,000 shall be derived from rent; and (10) $359,782,000 shall be for other transfer authority provided by law.
medical device user fees authorized by 21 activities, including the Office of the Com- INDEPENDENT AGENCY
U.S.C. 379j, and shall be credited to this ac- missioner of Food and Drugs, the Office of
FARM CREDIT ADMINISTRATION
count and remain available until expended; Food Policy and Response, the Office of Op-
$582,500,000 shall be derived from human ge- erations, the Office of the Chief Scientist, LIMITATION ON ADMINISTRATIVE EXPENSES
neric drug user fees authorized by 21 U.S.C. and central services for these offices: Pro- Not to exceed $88,500,000 (from assessments
379j–42, and shall be credited to this account vided further, That not to exceed $25,000 of collected from farm credit institutions, in-
dlhill on DSK120RN23PROD with SENATE
and remain available until expended; this amount shall be for official reception cluding the Federal Agricultural Mortgage
$41,600,000 shall be derived from biosimilar and representation expenses, not otherwise Corporation) shall be obligated during the
biological product user fees authorized by 21 provided for, as determined by the Commis- current fiscal year for administrative ex-
U.S.C. 379j–52, and shall be credited to this sioner: Provided further, That any transfer of penses as authorized under 12 U.S.C. 2249:
account and remain available until ex- funds pursuant to, and for the administra- Provided, That this limitation shall not
pended; $32,144,000 shall be derived from ani- tion of, section 770(n) of the Federal Food, apply to expenses associated with receiver-
mal drug user fees authorized by 21 U.S.C. Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) ships: Provided further, That the agency may
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S7338 CONGRESSIONAL RECORD — SENATE December 19, 2022
exceed this limitation by up to 10 percent Houses of Congress and in accordance with technology systems or significant upgrades,
with notification to the Committees on Ap- the requirements of section 716 of this Act: as determined by the Office of the Chief In-
propriations of both Houses of Congress: Pro- Provided further, That the National Finance formation Officer, without the approval of
vided further, That the purposes of section Center Information Technology Services Di- the Chief Information Officer and the con-
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 vision personnel and data center manage- currence of the Executive Information Tech-
(12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit ment responsibilities, and control of any nology Investment Review Board: Provided,
Administration may exempt, an amount in functions, missions, and systems for current That notwithstanding any other provision of
its sole discretion, from the application of and future human resources management law, none of the funds appropriated or other-
the limitation provided in that clause of ex- and integrated personnel and payroll sys- wise made available by this Act may be
port loans described in the clause guaranteed tems (PPS) and functions provided by the transferred to the Office of the Chief Infor-
or insured in a manner other than described Chief Financial Officer and the Chief Infor- mation Officer without written notification
in subclause (II) of the clause. mation Officer shall remain in the National to and the prior approval of the Committees
TITLE VII Finance Center and under the management on Appropriations of both Houses of Con-
GENERAL PROVISIONS responsibility and administrative control of gress: Provided further, That notwithstanding
the National Finance Center: Provided fur- section 11319 of title 40, United States Code,
(INCLUDING RESCISSIONS AND TRANSFERS OF
ther, That the Secretary of Agriculture and none of the funds available to the Depart-
FUNDS)
the offices of the Chief Financial Officer ment of Agriculture for information tech-
SEC. 701. The Secretary may use any appro- shall actively market to existing and new nology shall be obligated for projects, con-
priations made available to the Department Departments and other government agencies tracts, or other agreements over $25,000 prior
of Agriculture in this Act to purchase new National Finance Center shared services in- to receipt of written approval by the Chief
passenger motor vehicles, in addition to spe- cluding, but not limited to, payroll, financial Information Officer: Provided further, That
cific appropriations for this purpose, so long management, and human capital shared the Chief Information Officer may authorize
as the total number of vehicles purchased in services and allow the National Finance Cen- an agency to obligate funds without written
fiscal year 2023 does not exceed the number ter to perform technology upgrades: Provided approval from the Chief Information Officer
of vehicles owned or leased in fiscal year further, That of annual income amounts in for projects, contracts, or other agreements
2018: Provided, That, prior to purchasing ad- the Working Capital Fund of the Department up to $250,000 based upon the performance of
ditional motor vehicles, the Secretary must of Agriculture attributable to the amounts an agency measured against the performance
determine that such vehicles are necessary in excess of the true costs of the shared serv- plan requirements described in the explana-
for transportation safety, to reduce oper- ices provided by the National Finance Center tory statement accompanying Public Law
ational costs, and for the protection of life, and budgeted for the National Finance Cen- 113–235.
property, and public safety: Provided further, ter, the Secretary shall reserve not more SEC. 707. Funds made available under sec-
That the Secretary may not increase the De- than 4 percent for the replacement or acqui- tion 524(b) of the Federal Crop Insurance Act
partment of Agriculture’s fleet above the sition of capital equipment, including equip- (7 U.S.C. 1524(b)) in the current fiscal year
2018 level unless the Secretary notifies in ment for the improvement, delivery, and im- shall remain available until expended to dis-
writing, and receives approval from, the plementation of financial, administrative, burse obligations made in the current fiscal
Committees on Appropriations of both and information technology services, and year.
Houses of Congress within 30 days of the no- other systems of the National Finance Cen- SEC. 708. Notwithstanding any other provi-
tification. ter or to pay any unforeseen, extraordinary sion of law, any former Rural Utilities Serv-
SEC. 702. Notwithstanding any other provi- cost of the National Finance Center: Provided ice borrower that has repaid or prepaid an
sion of this Act, the Secretary of Agriculture further, That none of the amounts reserved insured, direct or guaranteed loan under the
may transfer unobligated balances of discre- shall be available for obligation unless the Rural Electrification Act of 1936, or any not-
tionary funds appropriated by this Act or Secretary submits written notification of for-profit utility that is eligible to receive
any other available unobligated discre- the obligation to the Committees on Appro- an insured or direct loan under such Act,
tionary balances that are remaining avail- priations of both Houses of Congress: Pro- shall be eligible for assistance under section
able of the Department of Agriculture to the vided further, That the limitations on the ob- 313B(a) of such Act in the same manner as a
Working Capital Fund for the acquisition of ligation of funds pending notification to borrower under such Act.
property, plant and equipment and for the Congressional Committees shall not apply to SEC. 709. Except as otherwise specifically
improvement, delivery, and implementation any obligation that, as determined by the provided by law, not more than $20,000,000 in
of Department financial, and administrative Secretary, is necessary to respond to a de- unobligated balances from appropriations
information technology services, and other clared state of emergency that significantly made available for salaries and expenses in
support systems necessary for the delivery of impacts the operations of the National Fi- this Act for the Farm Service Agency shall
financial, administrative, and information nance Center; or to evacuate employees of remain available through September 30, 2024,
technology services, including cloud adop- the National Finance Center to a safe haven for information technology expenses.
tion and migration, of primary benefit to the to continue operations of the National Fi- SEC. 710. None of the funds appropriated or
agencies of the Department of Agriculture, nance Center. otherwise made available by this Act may be
such transferred funds to remain available SEC. 703. No part of any appropriation con- used for first-class travel by the employees
until expended: Provided, That none of the tained in this Act shall remain available for of agencies funded by this Act in contraven-
funds made available by this Act or any obligation beyond the current fiscal year un- tion of sections 301–10.122 through 301–10.124
other Act shall be transferred to the Work- less expressly so provided herein. of title 41, Code of Federal Regulations.
ing Capital Fund without the prior approval SEC. 704. No funds appropriated by this Act SEC. 711. In the case of each program estab-
of the agency administrator: Provided fur- may be used to pay negotiated indirect cost lished or amended by the Agricultural Act of
ther, That none of the funds transferred to rates on cooperative agreements or similar 2014 (Public Law 113–79) or by a successor to
the Working Capital Fund pursuant to this arrangements between the United States De- that Act, other than by title I or subtitle A
section shall be available for obligation partment of Agriculture and nonprofit insti- of title III of such Act, or programs for
without written notification to and the prior tutions in excess of 10 percent of the total di- which indefinite amounts were provided in
approval of the Committees on Appropria- rect cost of the agreement when the purpose that Act, that is authorized or required to be
tions of both Houses of Congress: Provided of such cooperative arrangements is to carry carried out using funds of the Commodity
further, That none of the funds appropriated out programs of mutual interest between the Credit Corporation—
by this Act or made available to the Depart- two parties. This does not preclude appro- (1) such funds shall be available for salaries
ment’s Working Capital Fund shall be avail- priate payment of indirect costs on grants and related administrative expenses, includ-
able for obligation or expenditure to make and contracts with such institutions when ing technical assistance, associated with the
any changes to the Department’s National such indirect costs are computed on a simi- implementation of the program, without re-
Finance Center without written notification lar basis for all agencies for which appropria- gard to the limitation on the total amount
to and prior approval of the Committees on tions are provided in this Act. of allotments and fund transfers contained in
Appropriations of both Houses of Congress as SEC. 705. Appropriations to the Department section 11 of the Commodity Credit Corpora-
required by section 716 of this Act: Provided of Agriculture for the cost of direct and tion Charter Act (15 U.S.C. 714i); and
further, That none of the funds appropriated guaranteed loans made available in the cur- (2) the use of such funds for such purpose
by this Act or made available to the Depart- rent fiscal year shall remain available until shall not be considered to be a fund transfer
ment’s Working Capital Fund shall be avail- expended to disburse obligations made in the or allotment for purposes of applying the
able for obligation or expenditure to initiate, current fiscal year for the following ac- limitation on the total amount of allotments
plan, develop, implement, or make any counts: the Rural Development Loan Fund and fund transfers contained in such section.
dlhill on DSK120RN23PROD with SENATE
changes to remove or relocate any systems, program account, the Rural Electrification SEC. 712. Of the funds made available by
missions, personnel, or functions of the of- and Telecommunication Loans program ac- this Act, not more than $2,900,000 shall be
fices of the Chief Financial Officer and the count, and the Rural Housing Insurance used to cover necessary expenses of activi-
Chief Information Officer, co-located with or Fund program account. ties related to all advisory committees, pan-
from the National Finance Center prior to SEC. 706. None of the funds made available els, commissions, and task forces of the De-
written notification to and prior approval of to the Department of Agriculture by this Act partment of Agriculture, except for panels
the Committee on Appropriations of both may be used to acquire new information used to comply with negotiated rule makings
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7339
and panels used to evaluate competitively (1) creates new programs; (e) As described in this section, no funds
awarded grants. (2) eliminates a program, project, or activ- may be used for any activities unless the
SEC. 713. (a) None of the funds made avail- ity; Secretary of Agriculture or the Secretary of
able in this Act may be used to maintain or (3) increases funds or personnel by any Health and Human Services receives from
establish a computer network unless such means for any project or activity for which the Committee on Appropriations of both
network blocks the viewing, downloading, funds have been denied or restricted; Houses of Congress written or electronic
and exchanging of pornography. (4) relocates an office or employees; mail confirmation of receipt of the notifica-
(b) Nothing in subsection (a) shall limit (5) reorganizes offices, programs, or activi- tion as required in this section.
the use of funds necessary for any Federal, ties; or SEC. 717. Notwithstanding section
State, tribal, or local law enforcement agen- (6) contracts out or privatizes any func- 310B(g)(5) of the Consolidated Farm and
cy or any other entity carrying out criminal tions or activities presently performed by Rural Development Act (7 U.S.C. 1932(g)(5)),
investigations, prosecution, or adjudication Federal employees; the Secretary may assess a one-time fee for
activities. unless the Secretary of Agriculture or the any guaranteed business and industry loan
SEC. 714. Notwithstanding subsection (b) of in an amount that does not exceed 3 percent
Secretary of Health and Human Services (as
section 14222 of Public Law 110–246 (7 U.S.C. of the guaranteed principal portion of the
the case may be) notifies in writing and re-
612c–6; in this section referred to as ‘‘section loan.
ceives approval from the Committees on Ap-
14222’’), none of the funds appropriated or SEC. 718. None of the funds appropriated or
propriations of both Houses of Congress at
otherwise made available by this or any otherwise made available to the Department
least 30 days in advance of the reprogram-
other Act shall be used to pay the salaries of Agriculture, the Food and Drug Adminis-
ming of such funds or the use of such author-
and expenses of personnel to carry out a pro- tration or the Farm Credit Administration
ity.
gram under section 32 of the Act of August shall be used to transmit or otherwise make
(b) None of the funds provided by this Act,
24, 1935 (7 U.S.C. 612c; in this section referred available reports, questions, or responses to
or provided by previous Appropriations Acts
to as ‘‘section 32’’) in excess of $1,483,309,000 questions that are a result of information re-
to the agencies funded by this Act that re-
(exclusive of carryover appropriations from quested for the appropriations hearing proc-
main available for obligation or expenditure
prior fiscal years), as follows: Child Nutri- ess to any non-Department of Agriculture,
in the current fiscal year, or provided from
tion Programs Entitlement Commodities— non-Department of Health and Human Serv-
any accounts in the Treasury derived by the
$485,000,000; State Option Contracts— ices, or non-Farm Credit Administration em-
collection of fees available to the agencies
$5,000,000; Removal of Defective Commod- ployee.
funded by this Act, shall be available for ob- SEC. 719. Unless otherwise authorized by
ities—$2,500,000; Administration of section 32
ligation or expenditure for activities, pro- existing law, none of the funds provided in
Commodity Purchases—$37,178,000: Provided,
grams, or projects through a reprogramming this Act, may be used by an executive branch
That, of the total funds made available in
or use of the authorities referred to in sub- agency to produce any prepackaged news
the matter preceding this proviso that re-
section (a) involving funds in excess of story intended for broadcast or distribution
main unobligated on October 1, 2023, such un-
$500,000 or 10 percent, whichever is less, in the United States unless the story in-
obligated balances shall carryover into fiscal
that— cludes a clear notification within the text or
year 2024 and shall remain available until ex-
pended for any of the purposes of section 32, (1) augments existing programs, projects, audio of the prepackaged news story that the
except that any such carryover funds used in or activities; prepackaged news story was prepared or
accordance with clause (3) of section 32 may (2) reduces by 10 percent funding for any funded by that executive branch agency.
not exceed $350,000,000 and may not be obli- existing program, project, or activity, or SEC. 720. No employee of the Department of
gated until the Secretary of Agriculture pro- numbers of personnel by 10 percent as ap- Agriculture may be detailed or assigned
vides written notification of the expendi- proved by Congress; or from an agency or office funded by this Act
tures to the Committees on Appropriations (3) results from any general savings from a or any other Act to any other agency or of-
of both Houses of Congress at least two reduction in personnel which would result in fice of the Department for more than 60 days
weeks in advance: Provided further, That, a change in existing programs, activities, or in a fiscal year unless the individual’s em-
with the exception of any available carry- projects as approved by Congress; ploying agency or office is fully reimbursed
over funds authorized in any prior appropria- unless the Secretary of Agriculture or the by the receiving agency or office for the sal-
tions Act to be used for the purposes of Secretary of Health and Human Services (as ary and expenses of the employee for the pe-
clause (3) of section 32, none of the funds ap- the case may be) notifies in writing and re- riod of assignment.
ceives approval from the Committees on Ap- SEC. 721. Not later than 30 days after the
propriated or otherwise made available by
propriations of both Houses of Congress at date of enactment of this Act, the Secretary
this or any other Act shall be used to pay the
least 30 days in advance of the reprogram- of Agriculture, the Commissioner of the
salaries or expenses of any employee of the
ming or transfer of such funds or the use of Food and Drug Administration and the
Department of Agriculture to carry out Chairman of the Farm Credit Administration
clause (3) of section 32. such authority.
(c) The Secretary of Agriculture or the shall submit to the Committees on Appro-
SEC. 715. None of the funds appropriated by
Secretary of Health and Human Services priations of both Houses of Congress a de-
this or any other Act shall be used to pay the
shall notify in writing and receive approval tailed spending plan by program, project,
salaries and expenses of personnel who pre-
from the Committees on Appropriations of and activity for all the funds made available
pare or submit appropriations language as
both Houses of Congress before imple- under this Act including appropriated user
part of the President’s budget submission to
menting any program or activity not carried fees, as defined in the explanatory statement
the Congress for programs under the juris-
out during the previous fiscal year unless the described in section 4 (in the matter pre-
diction of the Appropriations Subcommit- ceding division A of this consolidated Act).
tees on Agriculture, Rural Development, program or activity is funded by this Act or
specifically funded by any other Act. SEC. 722. None of the funds made available
Food and Drug Administration, and Related by this Act may be used to propose, promul-
Agencies that assumes revenues or reflects a (d) None of the funds provided by this Act,
or provided by previous Appropriations Acts gate, or implement any rule, or take any
reduction from the previous year due to user other action with respect to, allowing or re-
fees proposals that have not been enacted to the agencies funded by this Act that re-
main available for obligation or expenditure quiring information intended for a pre-
into law prior to the submission of the budg- scribing health care professional, in the case
et unless such budget submission identifies in the current fiscal year, or provided from
of a drug or biological product subject to sec-
which additional spending reductions should any accounts in the Treasury derived by the
tion 503(b)(1) of the Federal Food, Drug, and
occur in the event the user fees proposals are collection of fees available to the agencies
Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis-
not enacted prior to the date of the con- funded by this Act, shall be available for—
tributed to such professional electronically
vening of a committee of conference for the (1) modifying major capital investments (in lieu of in paper form) unless and until a
fiscal year 2024 appropriations Act. funding levels, including information tech- Federal law is enacted to allow or require
SEC. 716. (a) None of the funds provided by nology systems, that involves increasing or such distribution.
this Act, or provided by previous appropria- decreasing funds in the current fiscal year SEC. 723. For the purposes of determining
tions Acts to the agencies funded by this Act for the individual investment in excess of eligibility or level of program assistance for
that remain available for obligation or ex- $500,000 or 10 percent of the total cost, which- Rural Development programs the Secretary
penditure in the current fiscal year, or pro- ever is less; shall not include incarcerated prison popu-
vided from any accounts in the Treasury de- (2) realigning or reorganizing new, current, lations.
rived by the collection of fees available to or vacant positions or agency activities or SEC. 724. For loans and loan guarantees
the agencies funded by this Act, shall be functions to establish a center, office, that do not require budget authority and the
available for obligation or expenditure branch, or similar entity with ten or more program level has been established in this
through a reprogramming, transfer of funds, personnel; or Act, the Secretary of Agriculture may in-
dlhill on DSK120RN23PROD with SENATE
or reimbursements as authorized by the (3) carrying out activities or functions that crease the program level for such loans and
Economy Act, or in the case of the Depart- were not described in the budget request; loan guarantees by not more than 25 percent:
ment of Agriculture, through use of the au- unless the agencies funded by this Act no- Provided, That prior to the Secretary imple-
thority provided by section 702(b) of the De- tify, in writing, the Committees on Appro- menting such an increase, the Secretary no-
partment of Agriculture Organic Act of 1944 priations of both Houses of Congress at least tifies, in writing, the Committees on Appro-
(7 U.S.C. 2257) or section 8 of Public Law 89– 30 days in advance of using the funds for priations of both Houses of Congress at least
106 (7 U.S.C. 2263), that— these purposes. 15 days in advance.
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S7340 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 725. None of the credit card refunds or Act, 21 U.S.C. 451 et seq., the Federal Meat ably available quantities or of a satisfactory
rebates transferred to the Working Capital Inspection Act, 21 U.S.C. 601 et seq, and the quality; or
Fund pursuant to section 729 of the Agri- Egg Products Inspection Act, 21 U.S.C. 1031 (3) inclusion of iron and steel products pro-
culture, Rural Development, Food and Drug et seq., for the cost of inspection services duced in the United States will increase the
Administration, and Related Agencies Ap- provided outside of an establishment’s ap- cost of the overall project by more than 25
propriations Act, 2002 (7 U.S.C. 2235a; Public proved inspection shifts, and for inspection percent.
Law 107–76) shall be available for obligation services provided on Federal holidays: Pro- (c) If the Secretary or the designee re-
without written notification to, and the vided, That any sums charged pursuant to ceives a request for a waiver under this sec-
prior approval of, the Committees on Appro- this paragraph shall be deemed as overtime tion, the Secretary or the designee shall
priations of both Houses of Congress: Pro- pay or holiday pay under section 1001(d) of make available to the public on an informal
vided, That the refunds or rebates so trans- the American Rescue Plan Act of 2021 (Pub- basis a copy of the request and information
ferred shall be available for obligation only lic Law 117–2, 135 Stat. 242): Provided further, available to the Secretary or the designee
for the acquisition of property, plant and That sums received by the Secretary under concerning the request, and shall allow for
equipment, including equipment for the im- this paragraph shall, in addition to other informal public input on the request for at
provement, delivery, and implementation of available funds, remain available until ex- least 15 days prior to making a finding based
Departmental financial management, infor- pended to the Secretary without further ap- on the request. The Secretary or the des-
mation technology, and other support sys- propriation for the purpose of funding all ignee shall make the request and accom-
tems necessary for the delivery of financial, costs associated with FSIS inspections. panying information available by electronic
administrative, and information technology SEC. 731. (a) The Secretary of Agriculture means, including on the official public Inter-
services, including cloud adoption and mi- shall— net Web site of the Department.
gration, of primary benefit to the agencies of (1) conduct audits in a manner that evalu- (d) This section shall be applied in a man-
the Department of Agriculture. ates the following factors in the country or ner consistent with United States obliga-
SEC. 726. None of the funds made available region being audited, as applicable— tions under international agreements.
by this Act may be used to implement, ad- (A) veterinary control and oversight; (e) The Secretary may retain up to 0.25
minister, or enforce the ‘‘variety’’ require- percent of the funds appropriated in this Act
(B) disease history and vaccination prac-
ments of the final rule entitled ‘‘Enhancing for ‘‘Rural Utilities Service—Rural Water
tices;
Retailer Standards in the Supplemental Nu- and Waste Disposal Program Account’’ for
(C) livestock demographics and
trition Assistance Program (SNAP)’’ pub- carrying out the provisions described in sub-
traceability;
lished by the Department of Agriculture in section (a)(1) for management and oversight
(D) epidemiological separation from poten-
the Federal Register on December 15, 2016 (81 of the requirements of this section.
tial sources of infection; (f) Subsection (a) shall not apply with re-
Fed. Reg. 90675) until the Secretary of Agri- (E) surveillance practices;
culture amends the definition of the term spect to a project for which the engineering
(F) diagnostic laboratory capabilities; and plans and specifications include use of iron
‘‘variety’’ as defined in section (G) emergency preparedness and response; and steel products otherwise prohibited by
278.1(b)(1)(ii)(C) of title 7, Code of Federal and such subsection if the plans and specifica-
Regulations, and ‘‘variety’’ as applied in the (2) promptly make publicly available the tions have received required approvals from
definition of the term ‘‘staple food’’ as de- final reports of any audits or reviews con- State agencies prior to the date of enact-
fined in section 271.2 of title 7, Code of Fed- ducted pursuant to subsection (1). ment of this Act.
eral Regulations, to increase the number of (b) This section shall be applied in a man- (g) For purposes of this section, the terms
items that qualify as acceptable varieties in ner consistent with United States obliga- ‘‘United States’’ and ‘‘State’’ shall include
each staple food category so that the total tions under its international trade agree- each of the several States, the District of Co-
number of such items in each staple food cat- ments. lumbia, and each Federally recognized In-
egory exceeds the number of such items in SEC. 732. In this fiscal year and thereafter, dian Tribe.
each staple food category included in the and notwithstanding any other provision of SEC. 735. None of the funds appropriated by
final rule as published on December 15, 2016: law, none of the funds made available by this this Act may be used in any way, directly or
Provided, That until the Secretary promul- Act may be used to implement section 3.7(f) indirectly, to influence congressional action
gates such regulatory amendments, the Sec- of the Farm Credit Act of 1971 in a manner on any legislation or appropriation matters
retary shall apply the requirements regard- inconsistent with section 343(a)(13) of the pending before Congress, other than to com-
ing acceptable varieties and breadth of stock Consolidated Farm and Rural Development municate to Members of Congress as de-
to Supplemental Nutrition Assistance Pro- Act. scribed in 18 U.S.C. 1913.
gram retailers that were in effect on the day SEC. 733. In this fiscal year and thereafter, SEC. 736. Of the total amounts made avail-
before the date of the enactment of the Agri- and notwithstanding any other provision of able by this Act for direct loans and grants
cultural Act of 2014 (Public Law 113–79). law, none of the funds made available by this under the following headings: ‘‘Rural Hous-
SEC. 727. In carrying out subsection (h) of Act may be used to carry out any activities ing Service—Rural Housing Insurance Fund
section 502 of the Housing Act of 1949 (42 or incur any expense related to the issuance Program Account’’; ‘‘Rural Housing Serv-
U.S.C. 1472), the Secretary of Agriculture of licenses under section 3 of the Animal ice—Mutual and Self-Help Housing Grants’’;
shall have the same authority with respect Welfare Act (7 U.S.C. 2133), or the renewal of ‘‘Rural Housing Service—Rural Housing As-
to loans guaranteed under such section and such licenses, to class B dealers who sell sistance Grants’’; ‘‘Rural Housing Service—
eligible lenders for such loans as the Sec- Random Source dogs and cats for use in re- Rural Community Facilities Program Ac-
retary has under subsections (h) and (j) of search, experiments, teaching, or testing. count’’; ‘‘Rural Business-Cooperative Serv-
section 538 of such Act (42 U.S.C. 1490p–2) SEC. 734. (a)(1) No Federal funds made ice—Rural Business Program Account’’;
with respect to loans guaranteed under such available for this fiscal year for the rural ‘‘Rural Business-Cooperative Service—Rural
section 538 and eligible lenders for such water, waste water, waste disposal, and solid Economic Development Loans Program Ac-
loans. waste management programs authorized by count’’; ‘‘Rural Business-Cooperative Serv-
SEC. 728. None of the funds appropriated or sections 306, 306A, 306C, 306D, 306E, and 310B ice—Rural Cooperative Development
otherwise made available by this Act shall of the Consolidated Farm and Rural Develop- Grants’’; ‘‘Rural Business-Cooperative Serv-
be available for the United States Depart- ment Act (7 U.S.C. 1926 et seq.) shall be used ice—Rural Microentrepreneur Assistance
ment of Agriculture to propose, finalize or for a project for the construction, alteration, Program’’; ‘‘Rural Utilities Service—Rural
implement any regulation that would pro- maintenance, or repair of a public water or Water and Waste Disposal Program Ac-
mulgate new user fees pursuant to 31 U.S.C. wastewater system unless all of the iron and count’’; ‘‘Rural Utilities Service—Rural
9701 after the date of the enactment of this steel products used in the project are pro- Electrification and Telecommunications
Act. duced in the United States. Loans Program Account’’; and ‘‘Rural Utili-
SEC. 729. Of the unobligated balances from (2) In this section, the term ‘‘iron and steel ties Service—Distance Learning, Telemedi-
amounts made available for the supple- products’’ means the following products cine, and Broadband Program’’, to the max-
mental nutrition program as authorized by made primarily of iron or steel: lined or un- imum extent feasible, at least 10 percent of
section 17 of the Child Nutrition Act of 1966 lined pipes and fittings, manhole covers and the funds shall be allocated for assistance in
(42 U.S.C. 1786), $315,000,000 are hereby re- other municipal castings, hydrants, tanks, persistent poverty counties under this sec-
scinded: Provided, That no amounts may be flanges, pipe clamps and restraints, valves, tion, including, notwithstanding any other
rescinded from amounts that were des- structural steel, reinforced precast concrete, provision regarding population limits, any
ignated by the Congress as an emergency re- and construction materials. county seat of such a persistent poverty
quirement pursuant to a Concurrent Resolu- (b) Subsection (a) shall not apply in any county that has a population that does not
tion on the Budget or the Balanced Budget case or category of cases in which the Sec- exceed the authorized population limit by
dlhill on DSK120RN23PROD with SENATE
and Emergency Deficit Control Act of 1985. retary of Agriculture (in this section re- more than 10 percent: Provided, That for pur-
SEC. 730. Notwithstanding any provision of ferred to as the ‘‘Secretary’’) or the designee poses of this section, the term ‘‘persistent
law that regulates the calculation and pay- of the Secretary finds that— poverty counties’’ means any county that
ment of overtime and holiday pay for FSIS (1) applying subsection (a) would be incon- has had 20 percent or more of its population
inspectors, the Secretary may charge estab- sistent with the public interest; living in poverty over the past 30 years, as
lishments subject to the inspection require- (2) iron and steel products are not produced measured by the 1990 and 2000 decennial cen-
ments of the Poultry Products Inspection in the United States in sufficient and reason- suses, and 2007–2011 American Community
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7341
Survey 5-year average, or any territory or properties in areas where the Secretary de- ment of Agriculture for purposes of making
possession of the United States: Provided fur- termines a risk of loss of affordable housing, such grants.
ther, That with respect to specific activities by non-profit housing organizations and pub- SEC. 755. There is hereby appropriated
for which program levels have been made lic housing authorities as authorized by law $400,000 to carry out section 1672(g)(4)(B) of
available by this Act that are not supported that commit to keep such properties in the the Food, Agriculture, Conservation, and
by budget authority, the requirements of RHS multi-family housing program for a pe- Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as
this section shall be applied to such program riod of time as determined by the Secretary. amended by section 7209 of Public Law 115–
level. SEC. 746. There is hereby appropriated 334.
SEC. 737. None of the funds made available $4,000,000, to carry out section 4208 of Public SEC. 756. Hereafter, none of the funds made
by this Act may be used to notify a sponsor Law 115–334, including for project locations available by this Act or any other Act, may
or otherwise acknowledge receipt of a sub- in additional regions. be used to pay the salaries or expenses of
mission for an exemption for investigational SEC. 747. There is hereby appropriated personnel to implement any activities re-
use of a drug or biological product under sec- $4,000,000 to carry out section 12301 of Public lated to the permitting of non-recording of
tion 505(i) of the Federal Food, Drug, and Law 115–334, Farming Opportunities Training observed violations of the Animal Welfare
Cosmetic Act (21 U.S.C. 355(i)) or section and Outreach. Act or its regulations on official inspection
351(a)(3) of the Public Health Service Act (42 SEC. 748. In response to an eligible commu- reports.
U.S.C. 262(a)(3)) in research in which a nity where the drinking water supplies are SEC. 757. For necessary expenses associated
human embryo is intentionally created or inadequate due to a natural disaster, as de- with cotton classing activities pursuant to 7
modified to include a heritable genetic modi- termined by the Secretary, including U.S.C. 55, to include equipment and facility
fication. Any such submission shall be drought or severe weather, the Secretary upgrades, and in addition to any other funds
deemed to have not been received by the Sec- may provide potable water through the made available for this purpose, there is ap-
Emergency Community Water Assistance propriated $4,000,000, to remain available
retary, and the exemption may not go into
Grant Program for an additional period of until September 30, 2024: Provided, That
effect.
SEC. 738. None of the funds made available time not to exceed 120 days beyond the es- amounts made available in this section shall
by this or any other Act may be used to en- tablished period provided under the Program be treated as funds collected by fees author-
force the final rule promulgated by the Food in order to protect public health. ized under Mar. 4, 1923, ch. 288, §5, 42 Stat.
and Drug Administration entitled ‘‘Stand- SEC. 749. Funds made available under title 1518, as amended (7 U.S.C. 55).
II of the Food for Peace Act (7 U.S.C. 1721 et SEC. 758. Notwithstanding any other provi-
ards for the Growing, Harvesting, Packing,
seq.) may only be used to provide assistance sion of law, no funds available to the Depart-
and Holding of Produce for Human Consump-
to recipient nations if adequate monitoring ment of Agriculture may be used to move
tion,’’ and published on November 27, 2015,
and controls, as determined by the Adminis- any staff office or any agency from the mis-
with respect to the regulation of entities sion area in which it was located on August
that grow, harvest, pack, or hold wine trator, are in place to ensure that emergency
food aid is received by the intended bene- 1, 2018, to any other mission area or office
grapes, hops, pulse crops, or almonds. within the Department in the absence of the
SEC. 739. There is hereby appropriated ficiaries in areas affected by food shortages
and not diverted for unauthorized or inap- enactment of specific legislation affirming
$5,000,000, to remain available until Sep-
such move.
tember 30, 2024, for a pilot program for the propriate purposes.
SEC. 759. The Secretary, acting through the
National Institute of Food and Agriculture SEC. 750. In this fiscal year and thereafter,
Chief of the Natural Resources Conservation
to provide grants to nonprofit organizations and notwithstanding any other provision of
Service, may use funds appropriated under
for programs and services to establish and law, ARS facilities as described in the
this Act or any other Act for the Watershed
enhance farming and ranching opportunities ‘‘Memorandum of Understanding Between
and Flood Prevention Operations Program
for military veterans. the U.S. Department of Agriculture Animal
and the Watershed Rehabilitation Program
SEC. 740. For school years 2022–2023 and and Plant Health Inspection Service (APHIS)
carried out pursuant to the Watershed Pro-
2023–2024, none of the funds made available and the U.S. Department of Agriculture Ag-
tection and Flood Prevention Act (16 U.S.C.
by this Act may be used to implement or en- ricultural Research Service (ARS) Con-
1001 et seq.), and for the Emergency Water-
force the matter following the first comma cerning Laboratory Animal Welfare’’ (16– shed Protection Program carried out pursu-
in the second sentence of footnote (c) of sec- 6100–0103–MU Revision 16–1) shall be in- ant to section 403 of the Agricultural Credit
tion 220.8(c) of title 7, Code of Federal Regu- spected by APHIS for compliance with the Act of 1978 (16 U.S.C. 2203) to provide tech-
lations, with respect to the substitution of Animal Welfare Act and its regulations and nical services for such programs pursuant to
vegetables for fruits under the school break- standards. section 1252(a)(1) of the Food Security Act of
fast program established under section 4 of SEC. 751. None of the funds made available
1985 (16 U.S.C. 3851(a)(1)), notwithstanding
the Child Nutrition Act of 1966 (42 U.S.C. by this Act may be used to procure raw or
subsection (c) of such section.
1773). processed poultry products imported into the SEC. 760. In administering the pilot pro-
SEC. 741. None of the funds made available United States from the People’s Republic of gram established by section 779 of division A
by this Act or any other Act may be used— China for use in the school lunch program of the Consolidated Appropriations Act, 2018
(1) in contravention of section 7606 of the under the Richard B. Russell National (Public Law 115–141), the Secretary of Agri-
Agricultural Act of 2014 (7 U.S.C. 5940), sub- School Lunch Act (42 U.S.C. 1751 et seq.), the culture may, for purposes of determining en-
title G of the Agricultural Marketing Act of Child and Adult Care Food Program under tities eligible to receive assistance, consider
1946, or section 10114 of the Agriculture Im- section 17 of such Act (42 U.S.C. 1766), the those communities which are ‘‘Areas Rural
provement Act of 2018; or Summer Food Service Program for Children in Character’’: Provided, That not more than
(2) to prohibit the transportation, proc- under section 13 of such Act (42 U.S.C. 1761), 10 percent of the funds made available under
essing, sale, or use of hemp, or seeds of such or the school breakfast program under the the heading ‘‘Distance Learning, Telemedi-
plant, that is grown or cultivated in accord- Child Nutrition Act of 1966 (42 U.S.C. 1771 et cine, and Broadband Program’’ for the pur-
ance with section 7606 of the Agricultural seq.). poses of the pilot program established by
Act of 2014 or subtitle G of the Agricultural SEC. 752. For school year 2023–2024, only a section 779 of Public Law 115–141 may be used
Marketing Act of 1946, within or outside the school food authority that had a negative for this purpose.
State in which the hemp is grown or cul- balance in the nonprofit school food service SEC. 761. None of the funds made available
tivated. account as of June 30, 2022, shall be required by this Act may be used to pay the salaries
SEC. 742. There is hereby appropriated to establish a price for paid lunches in ac- or expenses of personnel—
$3,000,000, to remain available until ex- cordance with section 12(p) of the Richard B. (1) to inspect horses under section 3 of the
pended, for grants under section 12502 of Pub- Russell National School Lunch Act (42 U.S.C. Federal Meat Inspection Act (21 U.S.C. 603);
lic Law 115–334. 1760(p)). (2) to inspect horses under section 903 of
SEC. 743. There is hereby appropriated SEC. 753. There is hereby appropriated the Federal Agriculture Improvement and
$1,000,000 to carry out section 3307 of Public $2,000,000, to remain available until ex- Reform Act of 1996 (7 U.S.C. 1901 note; Public
Law 115–334. pended, for the Secretary of Agriculture to Law 104–127); or
SEC. 744. The Secretary of Agriculture may carry out a pilot program that assists rural (3) to implement or enforce section 352.19
waive the matching funds requirement under hospitals to improve long-term operations of title 9, Code of Federal Regulations (or a
section 412(g) of the Agricultural Research, and financial health by providing technical successor regulation).
Extension, and Education Reform Act of 1998 assistance through analysis of current hos- SEC. 762. In addition to amounts otherwise
(7 U.S.C. 7632(g)). pital management practices. made available by this Act and notwith-
SEC. 745. There is hereby appropriated SEC. 754. Any funds made available by this standing the last sentence of 16 U.S.C. 1310,
$2,000,000, to remain available until ex- or any other Act that the Secretary with- there is appropriated $4,000,000, to remain
dlhill on DSK120RN23PROD with SENATE
pended, for a pilot program for the Secretary holds pursuant to section 1668(g)(2) of the available until expended, to implement non-
to provide grants to qualified non-profit or- Food, Agriculture, Conservation, and Trade renewable agreements on eligible lands, in-
ganizations and public housing authorities Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, cluding flooded agricultural lands, as deter-
to provide technical assistance, including fi- shall be available for grants for bio- mined by the Secretary, under the Water
nancial and legal services, to RHS multi- technology risk assessment research: Pro- Bank Act (16 U.S.C. 1301–1311).
family housing borrowers to facilitate the vided, That the Secretary may transfer such SEC. 763. Out of amounts appropriated to
acquisition of RHS multi-family housing funds among appropriations of the Depart- the Food and Drug Administration under
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S7342 CONGRESSIONAL RECORD — SENATE December 19, 2022
title VI, the Secretary of Health and Human SEC. 768. There is hereby appropriated includes a balanced representation of indi-
Services, acting through the Commissioner $500,000 to carry out the duties of the work- viduals who are unbiased and free from con-
of Food and Drugs, shall, not later than Sep- ing group established under section 770 of the flicts of interest.
tember 30, 2023, and following the review re- Agriculture, Rural Development, Food and SEC. 773. The Secretary, as part of the re-
quired under Executive Order No. 12866 (5 Drug Administration, and Related Agencies port on foreign landholding required under
U.S.C. 601 note; relating to regulatory plan- Appropriations Act, 2019 (Public Law 116–6; the Agricultural Foreign Investment Disclo-
ning and review), issue advice revising the 133 Stat. 89). sure Act (Public Law 95–460), shall report to
advice provided in the notice of availability SEC. 769. For an additional amount for the Congress on foreign investments in agricul-
entitled ‘‘Advice About Eating Fish, From Office of the Secretary, $15,000,000, to remain tural land in the United States, including
the Environmental Protection Agency and available until expended, to continue the In- the impact foreign ownership has on family
Food and Drug Administration; Revised Fish stitute for Rural Partnerships as established farms, rural communities, and the domestic
Advice; Availability’’ (82 Fed. Reg. 6571 (Jan- in section 778 of Public Law 117–103: Provided, food supply: Provided, That within 3 years
uary 19, 2017)), in a manner that is consistent That the Institute for Rural Partnerships after the enactment of this Act, the Sec-
with nutrition science recognized by the shall continue to dedicate resources to re- retary shall establish a streamlined process
Food and Drug Administration on the net ef- searching the causes and conditions of chal- for electronic submission and retention of
fects of seafood consumption. lenges facing rural areas, and develop com- disclosures made under the Agricultural For-
SEC. 764. There is hereby appropriated munity partnerships to address such chal- eign Investment Disclosure Act, including an
$5,000,000, to remain available until ex- lenges: Provided further, That administrative internet database that contains
pended, to carry out section 2103 of Public or other fees shall not exceed one percent: disaggregated data from each disclosure sub-
Law 115–334: Provided, That the Secretary Provided further, That such partnership shall mitted: Provided further, That all prior year
shall prioritize the wetland compliance coordinate and publish an annual report. disclosures of foreign investments in agricul-
needs of areas with significant numbers of SEC. 770. Of the unobligated balances from
tural land in the United States are published
individual wetlands, wetland acres, and con- prior year appropriations made available
in the database: Provided further, That the
servation compliance requests. under the heading ‘‘Farm Service Agency—
plan includes a process to ensure the protec-
SEC. 765. Notwithstanding any other provi- Agricultural Credit Insurance Fund Program
tion of personally identifiable information
sion of law, the acceptable market name of Account’’, $73,000,000 are hereby rescinded.
SEC. 771. In addition to the amount of re- and that all disclosures of foreign invest-
any engineered animal approved prior to the
imbursement for administrative and oper- ments in agricultural land on the USDA
effective date of the National Bioengineered
Food Disclosure Standard (February 19, 2019) ating expenses available for crop insurance website be disaggregated by: (1) in any case
shall include the words ‘‘genetically engi- contracts described in subsection (a)(2)(F) of in which such foreign person is an individual,
neered’’ prior to the existing acceptable mar- section III of the 2023 Standard Reinsurance the citizenship of such foreign person; and (2)
ket name. Agreement (SRA) that cover agricultural in any case in which such foreign person is
SEC. 766. There is appropriated to the De- commodities described in section 101 of title not an individual or a government, the na-
partment of Agriculture, for an additional I of the Specialty Crops Competitiveness Act ture of the legal entity holding the interest,
amount for ‘‘Agricultural Programs—Proc- of 2004 (7 U.S.C. 1621 note), there is hereby the country in which such foreign person is
essing, Research, and Marketing—Office of appropriated $25,000,000, to remain available created or organized, and the principal place
the Secretary’’, $5,000,000, which shall re- until expended, to pay, with respect to such of business of such foreign person.
main available until expended, for necessary contracts for the 2021 reinsurance year, an SEC. 774. Notwithstanding any other provi-
expenses, under such terms and conditions amount that is equal to the difference be- sion of law, the common name ‘‘Kanpachi’’
determined by the Secretary, related to test- tween the amount to be paid pursuant to the shall serve as an acceptable market name
ing soil, water, or agricultural products for SRA for the applicable reinsurance year and under the Federal Food, Drug, and Cosmetic
per- and polyfluoroalkyl substances (PFAS) the amount that would be paid if such con- Act (21 U.S.C. 301 et seq.) for labeling and
at the request of an agricultural producer, tracts were not subject to a reduction de- marketing of ocean-farmed Seriola rivoliana.
assisting agricultural producers affected by scribed in subsection (a)(2)(G) of section III SEC. 775. In this or any subsequent fiscal
PFAS contamination with costs related to of the SRA but subject to a reimbursement year, the Secretary of Homeland Security
mitigate the impacts to their operation that rate equal to 17.5 percent of the net book shall transfer to the Secretary of Agri-
have resulted from such contamination and premium. culture the operation of and all property re-
indemnifying agricultural producers for the SEC. 772. For an additional amount for the quired to operate the National Bio- and
value of unmarketable crops, livestock, and ‘‘Office of the Secretary’’, $1,300,000, to re- Agro-Defense Facility in Manhattan, Kansas:
other agricultural products related to PFAS main available until expended, for the Sec- Provided, That, such transfer of function
contamination: Provided, That the Secretary retary, in consultation with the Secretary of shall include the transfer of up to 40 full
shall prioritize such assistance to agricul- the Department of Health and Human Serv- time equivalent positions, to be completed
tural producers in states and territories that ices, to enter into an agreement with the Na- within 120 days of the effective date of the
have established a tolerance threshold for tional Academies of Sciences, Engineering, transfer of function, as jointly determined
PFAS in a food or agricultural product: Pro- and Medicine to conduct a study of the eight by the Secretaries.
vided further, That, not later than 90 days topics and scientific questions related to al- SEC. 776. (a) Section 260 of the Agricultural
after the end of fiscal year 2023, the Sec- cohol previously published by USDA and Marketing Act of 1946 (7 U.S.C. 1636i) is
retary shall submit a report to the Congress HHS and other relevant topics: Provided, amended by striking ‘‘2022’’ and inserting
specifying the type, amount, and method of That the panel or panels established by the ‘‘2023’’.
such assistance by state and territory and National Academies Sciences, Engineering, (b) Section 942 of the Livestock Mandatory
the status of the amounts obligated and and Medicine to conduct the study shall op- Reporting Act of 1999 (7 U.S.C. 1635 note;
plans for further expenditure, and include erate in a fully transparent manner and in- Public Law 106–78) is amended by striking
improvements that can be made to U.S. De- clude a balanced representation of individ- ‘‘2022’’ and inserting ‘‘2023’’.
partment of Agriculture programs, either ad- uals who have expertise in the health effects SEC. 777. Section 18(g) of the Richard B.
ministratively or legislatively, to increase of alcohol consumption, are unbiased, and Russell National School Lunch Act (42 U.S.C.
support for agricultural producers impacted are free from conflicts of interests: Provided 1769(g)) is amended by striking ‘‘Access to
by PFAS contamination and to enhance sci- further, That the findings and recommenda- Local Foods: Farm to School Program.’’ and
entific knowledge on PFAS uptake in crops tions of the study shall be based on the pre- inserting ‘‘Access to Local Foods: Patrick
and livestock and PFAS mitigation and re- ponderance of the scientific and medical Leahy Farm to School Program’’.
mediation methods and disseminate such knowledge consistent with section 5341 of SEC. 778. Notwithstanding 7 U.S.C.
knowledge to agricultural producers. title 7 of United States Code: Provided fur- 1991(a)(13), the Secretary shall consider a
SEC. 767. The Secretary shall set aside for ther, That not later than eighteen months city or town to be a rural area for the pur-
Rural Economic Area Partnership (REAP) after the date of enactment of this Act, the poses of eligibility for a guaranteed loan
Zones, until August 15, 2023, an amount of National Academies of Sciences, Engineer- funded through the Rural Community Facili-
funds made available in title III under the ing, and Medicine shall submit its report to ties Program Account if the project to be
headings of Rural Housing Insurance Fund the Secretary of Agriculture, the Secretary funded received a prior loan from such ac-
Program Account, Mutual and Self-Help of Health and Human Services, and the Con- count in fiscal year 2021.
Housing Grants, Rural Housing Assistance gress of its systematic review and data anal- SEC. 779. Of the unobligated balances in the
Grants, Rural Community Facilities Pro- ysis of the eight research topics: Provided ‘‘Nonrecurring Expenses Fund’’ established
gram Account, Rural Business Program Ac- further, That the Secretary of Agriculture in section 742 of division A of Public Law
count, Rural Development Loan Fund Pro- shall ensure that the 2025 Dietary Guidelines 113–235, $150,000,000 are hereby rescinded not
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gram Account, and Rural Water and Waste for Americans process includes a rec- later than September 30, 2023.
Disposal Program Account, equal to the ommendation for alcohol and shall be based SEC. 780. Funds made available in the Con-
amount obligated in REAP Zones with re- on the preponderance of scientific and med- solidated Appropriations Act, 2018 (Public
spect to funds provided under such headings ical knowledge consistent with section 5341 Law 115–141) for the ‘‘Rural Community Fa-
in the most recent fiscal year any such funds of title 7 of United States Code: Provided fur- cilities Program Account’’ under section 306
were obligated under such headings for ther, That the Secretary of Agriculture shall of the Consolidated Farm and Rural Develop-
REAP Zones. ensure the process is fully transparent and ment Act, 7 U.S.C. 1926, for the principal
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7343
amount of direct loans are to remain avail- out a pilot fellowship program of the United ceding division A of this consolidated Act),
able through fiscal year 2028 for the liquida- States Commercial Service under which the or any use of deobligated balances of funds
tion of valid obligations incurred in fiscal Secretary of Commerce may make competi- provided under this heading in previous
year 2018. tive grants to appropriate institutions of years, shall be subject to the procedures set
SEC. 781. Of the unobligated balances from higher education or students to increase the forth in section 505 of this Act.
amounts made available to carry out section level of knowledge and awareness of, and in- SALARIES AND EXPENSES
749(g) of the Agricultural Appropriations Act terest in employment with, that Service
of 2010 (Public Law 111–80), $80,000,000 are among minority students: Provided further, For necessary expenses of administering
hereby rescinded: Provided, That no amounts That any grants awarded under such pro- the economic development assistance pro-
may be rescinded from amounts that were gram shall be made pursuant to regulations grams as provided for by law, $68,000,000: Pro-
designated by the Congress as an emergency to be prescribed by the Secretary, which vided, That funds provided under this head-
requirement pursuant to a Concurrent Reso- shall require as a condition of the initial re- ing may be used to monitor projects ap-
lution on the Budget or the Balanced Budget ceipt of grant funds, a commitment by pro- proved pursuant to title I of the Public
and Emergency Deficit Control Act of 1985. spective grantees to accept full-time employ- Works Employment Act of 1976; title II of
This division may be cited as the ‘‘Agri- ment in the Global Markets unit of the the Trade Act of 1974; sections 27 through 30
culture, Rural Development, Food and Drug International Trade Administration upon of the Stevenson-Wydler Technology Innova-
Administration, and Related Agencies Ap- the completion of participation in the pro- tion Act of 1980 (15 U.S.C. 3722–3723), as
propriations Act, 2023’’. gram. amended; and the Community Emergency
Drought Relief Act of 1977.
DIVISION B—COMMERCE, JUSTICE, BUREAU OF INDUSTRY AND SECURITY
SCIENCE, AND RELATED AGENCIES AP- MINORITY BUSINESS DEVELOPMENT AGENCY
OPERATIONS AND ADMINISTRATION
PROPRIATIONS ACT, 2023 MINORITY BUSINESS DEVELOPMENT
For necessary expenses for export adminis-
TITLE I tration and national security activities of For necessary expenses of the Minority
DEPARTMENT OF COMMERCE the Department of Commerce, including Business Development Agency in fostering,
INTERNATIONAL TRADE ADMINISTRATION costs associated with the performance of ex- promoting, and developing minority business
port administration field activities both do- enterprises, as authorized by law, $70,000,000.
OPERATIONS AND ADMINISTRATION
mestically and abroad; full medical coverage ECONOMIC AND STATISTICAL ANALYSIS
For necessary expenses for international for dependent members of immediate fami-
trade activities of the Department of Com- SALARIES AND EXPENSES
lies of employees stationed overseas; em-
merce provided for by law, to carry out ac- ployment of citizens of the United States For necessary expenses, as authorized by
tivities associated with facilitating, attract- and aliens by contract for services abroad; law, of economic and statistical analysis pro-
ing, and retaining business investment in the payment of tort claims, in the manner au- grams of the Department of Commerce,
United States, and for engaging in trade pro- thorized in the first paragraph of section 2672 $130,000,000, to remain available until Sep-
motional activities abroad, including ex- of title 28, United States Code, when such tember 30, 2024.
penses of grants and cooperative agreements claims arise in foreign countries; not to ex- BUREAU OF THE CENSUS
for the purpose of promoting exports of ceed $13,500 for official representation ex-
United States firms, without regard to sec- CURRENT SURVEYS AND PROGRAMS
penses abroad; awards of compensation to in-
tions 3702 and 3703 of title 44, United States formers under the Export Control Reform For necessary expenses for collecting, com-
Code; full medical coverage for dependent Act of 2018 (subtitle B of title XVII of the piling, analyzing, preparing, and publishing
members of immediate families of employees John S. McCain National Defense Authoriza- statistics, provided for by law, $330,000,000:
stationed overseas and employees tempo- tion Act for Fiscal Year 2019; Public Law 115– Provided, That, from amounts provided here-
rarily posted overseas; travel and transpor- 232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and in, funds may be used for promotion, out-
tation of employees of the International as authorized by section 1(b) of the Act of reach, and marketing activities.
Trade Administration between two points June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); PERIODIC CENSUSES AND PROGRAMS
abroad, without regard to section 40118 of and purchase of passenger motor vehicles for For necessary expenses for collecting, com-
title 49, United States Code; employment of official use and motor vehicles for law en- piling, analyzing, preparing, and publishing
citizens of the United States and aliens by forcement use with special requirement vehi- statistics for periodic censuses and programs
contract for services; rental of space abroad cles eligible for purchase without regard to provided for by law, $1,155,000,000, to remain
for periods not exceeding 10 years, and ex- any price limitation otherwise established available until September 30, 2024: Provided,
penses of alteration, repair, or improvement; by law, $191,000,000, of which $76,000,000 shall That, from amounts provided herein, funds
purchase or construction of temporary de- remain available until expended: Provided, may be used for promotion, outreach, and
mountable exhibition structures for use That the provisions of the first sentence of marketing activities.
abroad; payment of tort claims, in the man- section 105(f) and all of section 108(c) of the
ner authorized in the first paragraph of sec- NATIONAL TELECOMMUNICATIONS AND
Mutual Educational and Cultural Exchange
tion 2672 of title 28, United States Code, INFORMATION ADMINISTRATION
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
when such claims arise in foreign countries; apply in carrying out these activities: Pro- SALARIES AND EXPENSES
not to exceed $294,300 for official representa- vided further, That payments and contribu- For necessary expenses, as provided for by
tion expenses abroad; purchase of passenger tions collected and accepted for materials or law, of the National Telecommunications
motor vehicles for official use abroad, not to services provided as part of such activities and Information Administration (NTIA),
exceed $45,000 per vehicle; not to exceed may be retained for use in covering the cost $62,000,000, to remain available until Sep-
$325,000 for purchase of armored vehicles of such activities, and for providing informa- tember 30, 2024: Provided, That, notwith-
without regard to the general purchase price tion to the public with respect to the export standing 31 U.S.C. 1535(d), the Secretary of
limitations; obtaining insurance on official administration and national security activi- Commerce shall charge Federal agencies for
motor vehicles; and rental of tie lines, ties of the Department of Commerce and costs incurred in spectrum management,
$625,000,000, of which $85,000,000 shall remain other export control programs of the United analysis, operations, and related services,
available until September 30, 2024: Provided, States and other governments. and such fees shall be retained and used as
That $12,000,000 is to be derived from fees to offsetting collections for costs of such spec-
be retained and used by the International ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE
trum services, to remain available until ex-
Trade Administration, notwithstanding sec- pended: Provided further, That the Secretary
tion 3302 of title 31, United States Code: Pro- PROGRAMS
of Commerce is authorized to retain and use
vided further, That, of amounts provided For grants for economic development as- as offsetting collections all funds trans-
under this heading, not less than $16,400,000 sistance as provided by the Public Works and ferred, or previously transferred, from other
shall be for China antidumping and counter- Economic Development Act of 1965, for trade Government agencies for all costs incurred
vailing duty enforcement and compliance ac- adjustment assistance, and for grants au- in telecommunications research, engineer-
tivities: Provided further, That the provisions thorized by sections 27, 28, 29, and 30 of the ing, and related activities by the Institute
of the first sentence of section 105(f) and all Stevenson-Wydler Technology Innovation for Telecommunication Sciences of NTIA, in
of section 108(c) of the Mutual Educational Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and furtherance of its assigned functions under
and Cultural Exchange Act of 1961 (22 U.S.C. 3723), as amended, $430,000,000 to remain this paragraph, and such funds received from
2455(f) and 2458(c)) shall apply in carrying out available until expended, of which $50,000,000 other Government agencies shall remain
these activities; and that for the purpose of shall be for grants under section 27, available until expended.
this Act, contributions under the provisions $41,000,000 shall be for grants under section
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of the Mutual Educational and Cultural Ex- 28, $41,000,000 shall be for grants under sec- PUBLIC TELECOMMUNICATIONS FACILITIES,
change Act of 1961 shall include payment for tion 29 in amounts determined by the Sec- PLANNING AND CONSTRUCTION
assessments for services provided as part of retary, and $2,500,000 shall be for grants For the administration of prior-year
these activities: Provided further, That, of under section 30: Provided, That any devi- grants, recoveries and unobligated balances
amounts provided under this heading, up to ation from the amounts designated for spe- of funds previously appropriated are avail-
$3,000,000, to remain available until ex- cific activities in the explanatory statement able for the administration of all open grants
pended, shall be for the purpose of carrying described in section 4 (in the matter pre- until their expiration.
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S7344 CONGRESSIONAL RECORD — SENATE December 19, 2022
UNITED STATES PATENT AND TRADEMARK where applicable: Provided further, That, not- the Secretary submits to Congress in support
OFFICE withstanding any other provision of law, all of the Department of Commerce budget (as
SALARIES AND EXPENSES fees and surcharges assessed and collected by submitted with the budget of the President
(INCLUDING TRANSFERS OF FUNDS) USPTO are available for USPTO only pursu- under section 1105(a) of title 31, United
ant to section 42(c) of title 35, United States States Code) an estimate for each National
For necessary expenses of the United
States Patent and Trademark Office Code, as amended by section 22 of the Leahy- Institute of Standards and Technology con-
(USPTO) provided for by law, including de- Smith America Invents Act (Public Law 112– struction project having a total multi-year
fense of suits instituted against the Under 29): Provided further, That within the program cost of more than $5,000,000, and si-
Secretary of Commerce for Intellectual amounts appropriated, $2,450,000 shall be multaneously the budget justification mate-
Property and Director of the USPTO, transferred to the ‘‘Office of Inspector Gen- rials shall include an estimate of the budg-
$4,253,404,000, to remain available until ex- eral’’ account for activities associated with etary requirements for each such project for
pended: Provided, That the sum herein appro- carrying out investigations and audits re- each of the 5 subsequent fiscal years.
priated from the general fund shall be re- lated to the USPTO. NATIONAL OCEANIC AND ATMOSPHERIC
duced as offsetting collections of fees and NATIONAL INSTITUTE OF STANDARDS AND ADMINISTRATION
surcharges assessed and collected by the TECHNOLOGY OPERATIONS, RESEARCH, AND FACILITIES
USPTO under any law are received during SCIENTIFIC AND TECHNICAL RESEARCH AND (INCLUDING TRANSFER OF FUNDS)
fiscal year 2023, so as to result in a fiscal SERVICES
For necessary expenses of activities au-
year 2023 appropriation from the general (INCLUDING TRANSFER OF FUNDS)
thorized by law for the National Oceanic and
fund estimated at $0: Provided further, That For necessary expenses of the National In- Atmospheric Administration, including
during fiscal year 2023, should the total stitute of Standards and Technology (NIST),
amount of such offsetting collections be less maintenance, operation, and hire of aircraft
$953,000,000, to remain available until ex- and vessels; pilot programs for State-led
than $4,253,404,000, this amount shall be re- pended, of which not to exceed $9,000,000 may
duced accordingly: Provided further, That any fisheries management, notwithstanding any
be transferred to the ‘‘Working Capital other provision of law; grants, contracts, or
amount received in excess of $4,253,404,000 in Fund’’: Provided, That of the amounts appro-
fiscal year 2023 and deposited in the Patent other payments to nonprofit organizations
priated under this heading, $62,532,000 shall for the purposes of conducting activities pur-
and Trademark Fee Reserve Fund shall re- be used for the projects, and in the amounts,
main available until expended: Provided fur- suant to cooperative agreements; and reloca-
specified in the table immediately following tion of facilities, $4,500,997,000, to remain
ther, That the Director of USPTO shall sub- the paragraph ‘‘NIST STRS Community
mit a spending plan to the Committees on available until September 30, 2024: Provided,
Project Funding/NIST External Projects’’ in That fees and donations received by the Na-
Appropriations of the House of Representa- the explanatory statement described in sec-
tives and the Senate for any amounts made tional Ocean Service for the management of
tion 4 (in the matter preceding division A of national marine sanctuaries may be retained
available by the preceding proviso and such this consolidated Act): Provided further, That
spending plan shall be treated as a re- and used for the salaries and expenses associ-
the amounts made available for the projects ated with those activities, notwithstanding
programming under section 505 of this Act referenced in the preceding proviso may not
and shall not be available for obligation or section 3302 of title 31, United States Code:
be transferred for any other purpose: Pro- Provided further, That in addition, $344,901,000
expenditure except in compliance with the vided further, That not to exceed $5,000 shall
procedures set forth in that section: Provided shall be derived by transfer from the fund en-
be for official reception and representation titled ‘‘Promote and Develop Fishery Prod-
further, That any amounts reprogrammed in expenses: Provided further, That NIST may
accordance with the preceding proviso shall ucts and Research Pertaining to American
provide local transportation for summer un- Fisheries’’, which shall only be used for fish-
be transferred to the United States Patent dergraduate research fellowship program
and Trademark Office ‘‘Salaries and Ex- ery activities related to the Saltonstall-Ken-
participants. nedy Grant Program; Fisheries Data Collec-
penses’’ account: Provided further, That the
budget of the President submitted for fiscal
INDUSTRIAL TECHNOLOGY SERVICES tions, Surveys, and Assessments; Observers
year 2024 under section 1105 of title 31, For necessary expenses for industrial tech- and Training; Fisheries Management Pro-
United States Code, shall include within nology services, $212,000,000, to remain avail- grams and Services; and Interjurisdictional
amounts provided under this heading for nec- able until expended, of which $175,000,000 Fisheries Grants: Provided further, That not
essary expenses of the USPTO any increases shall be for the Hollings Manufacturing Ex- to exceed $71,299,000 shall be for payment to
that are expected to result from an increase tension Partnership, and of which $37,000,000 the ‘‘Department of Commerce Working Cap-
promulgated through rule or regulation in shall be for the Manufacturing USA Pro- ital Fund’’: Provided further, That of the
offsetting collections of fees and surcharges gram. $4,868,898,000 provided for in direct obliga-
assessed and collected by the USPTO under CONSTRUCTION OF RESEARCH FACILITIES tions under this heading, $4,500,997,000 is ap-
any law in either fiscal year 2023 or fiscal For construction of new research facilities, propriated from the general fund, $344,901,000
year 2024: Provided further, That from including architectural and engineering de- is provided by transfer, and $23,000,000 is de-
amounts provided herein, not to exceed sign, and for renovation and maintenance of rived from recoveries of prior year obliga-
$13,500 shall be made available in fiscal year existing facilities, not otherwise provided for tions: Provided further, That of the amounts
2023 for official reception and representation the National Institute of Standards and appropriated under this heading, $111,465,000
expenses: Provided further, That in fiscal year Technology, as authorized by sections 13 shall be used for the projects, and in the
2023 from the amounts made available for through 15 of the National Institute of amounts, specified in the table immediately
‘‘Salaries and Expenses’’ for the USPTO, the Standards and Technology Act (15 U.S.C. following the paragraph ‘‘NOAA Community
amounts necessary to pay (1) the difference 278c–278e), $462,285,000, to remain available Project Funding/NOAA Special Projects’’ in
between the percentage of basic pay contrib- until expended: Provided, That of the the explanatory statement described in sec-
uted by the USPTO and employees under sec- amounts appropriated under this heading, tion 4 (in the matter preceding division A of
tion 8334(a) of title 5, United States Code, $332,285,000 shall be used for the projects, and this consolidated Act): Provided further, That
and the normal cost percentage (as defined in the amounts, specified in the table imme- the amounts made available for the projects
by section 8331(17) of that title) as provided diately following the paragraph ‘‘NIST Con- referenced in the preceding proviso may not
by the Office of Personnel Management struction Community Project Funding/NIST be transferred for any other purpose: Pro-
(OPM) for USPTO’s specific use, of basic pay, Extramural Construction’’ in the explana- vided further, That any deviation from the
of employees subject to subchapter III of tory statement described in section 4 (in the amounts designated for specific activities in
chapter 83 of that title, and (2) the present matter preceding division A of this consoli- the explanatory statement described in sec-
value of the otherwise unfunded accruing dated Act): Provided further, That up to one tion 4 (in the matter preceding division A of
costs, as determined by OPM for USPTO’s percent of amounts made available for the this consolidated Act), or any use of
specific use of post-retirement life insurance projects referenced in the preceding proviso deobligated balances of funds provided under
and post-retirement health benefits coverage may be used for the administrative costs of this heading in previous years, shall be sub-
for all USPTO employees who are enrolled in such projects: Provided further, That the Di- ject to the procedures set forth in section 505
Federal Employees Health Benefits (FEHB) rector of the National Institute of Standards of this Act: Provided further, That in addi-
and Federal Employees Group Life Insurance and Technology shall submit a spending plan tion, for necessary retired pay expenses
(FEGLI), shall be transferred to the Civil to the Committees on Appropriations of the under the Retired Serviceman’s Family Pro-
Service Retirement and Disability Fund, the House of Representatives and the Senate for tection and Survivor Benefits Plan, and for
FEGLI Fund, and the Employees FEHB any amounts made available by the pre- payments for the medical care of retired per-
Fund, as appropriate, and shall be available ceding proviso and such spending plan shall sonnel and their dependents under the De-
pendents’ Medical Care Act (10 U.S.C. ch. 55),
dlhill on DSK120RN23PROD with SENATE
for the authorized purposes of those ac- be treated as a reprogramming under section
counts: Provided further, That any differences 505 of this Act and shall not be available for such sums as may be necessary.
between the present value factors published obligation or expenditure except in compli- PROCUREMENT, ACQUISITION AND CONSTRUCTION
in OPM’s yearly 300 series benefit letters and ance with the procedures set forth in that For procurement, acquisition and con-
the factors that OPM provides for USPTO’s section: Provided further, That the Secretary struction of capital assets, including alter-
specific use shall be recognized as an im- of Commerce shall include in the budget jus- ation and modification costs, of the National
puted cost on USPTO’s financial statements, tification materials for fiscal year 2024 that Oceanic and Atmospheric Administration,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7345
$1,653,630,000, to remain available until Sep- DEPARTMENTAL MANAGEMENT able for obligation or expenditure except in
tember 30, 2025, except that funds provided SALARIES AND EXPENSES compliance with the procedures set forth in
for acquisition and construction of vessels For necessary expenses for the manage- that section: Provided further, That the Sec-
and aircraft, and construction of facilities retary of Commerce shall notify the Com-
ment of the Department of Commerce pro-
shall remain available until expended: Pro- mittees on Appropriations at least 15 days in
vided for by law, including not to exceed
vided, That of the $1,666,630,000 provided for advance of the acquisition or disposal of any
$4,500 for official reception and representa-
in direct obligations under this heading, capital asset (including land, structures, and
tion, $95,000,000: Provided, That no employee
$1,653,630,000 is appropriated from the general equipment) not specifically provided for in
of the Department of Commerce may be de-
fund and $13,000,000 is provided from recov- this Act or any other law appropriating
tailed or assigned from a bureau or office
eries of prior year obligations: Provided fur- funds for the Department of Commerce.
funded by this Act or any other Act to of- SEC. 104. The requirements set forth by sec-
ther, That any deviation from the amounts fices within the Office of the Secretary of the
designated for specific activities in the ex- tion 105 of the Commerce, Justice, Science,
Department of Commerce for more than 180 and Related Agencies Appropriations Act,
planatory statement described in section 4 days in a fiscal year unless the individual’s
(in the matter preceding division A of this 2012 (Public Law 112–55), as amended by sec-
employing bureau or office is fully reim- tion 105 of title I of division B of Public Law
consolidated Act), or any use of deobligated bursed for the salary and expenses of the em-
balances of funds provided under this head- 113–6, are hereby adopted by reference and
ployee for the entire period of assignment made applicable with respect to fiscal year
ing in previous years, shall be subject to the using funds provided under this heading: Pro-
procedures set forth in section 505 of this 2023: Provided, That the life cycle cost for the
vided further, That amounts made available Joint Polar Satellite System is
Act: Provided further, That the Secretary of to the Department of Commerce in this or
Commerce shall include in budget justifica- $11,322,125,000, the life cycle cost of the Polar
any prior Act may not be transferred pursu- Follow On Program is $6,837,900,000, the life
tion materials for fiscal year 2024 that the ant to section 508 of this or any prior Act to
Secretary submits to Congress in support of cycle cost for the Geostationary Operational
the account funded under this heading, ex- Environmental Satellite R-Series Program is
the Department of Commerce budget (as sub- cept in the case of extraordinary cir-
mitted with the budget of the President $11,700,100,000, and the life cycle cost for the
cumstances that threaten life or property. Space Weather Follow On Program is
under section 1105(a) of title 31, United
RENOVATION AND MODERNIZATION $692,800,000.
States Code) an estimate for each National
Oceanic and Atmospheric Administration For necessary expenses for the renovation SEC. 105. Notwithstanding any other provi-
procurement, acquisition or construction and modernization of the Herbert C. Hoover sion of law, the Secretary of Commerce may
project having a total of more than $5,000,000 Building, $1,142,000. furnish services (including but not limited to
and simultaneously the budget justification NONRECURRING EXPENSES FUND
utilities, telecommunications, and security
shall include an estimate of the budgetary services) necessary to support the operation,
For necessary expenses for technology maintenance, and improvement of space that
requirements for each such project for each modernization projects and cybersecurity
of the 5 subsequent fiscal years. persons, firms, or organizations are author-
risk mitigation of the Department of Com- ized, pursuant to the Public Buildings Coop-
PACIFIC COASTAL SALMON RECOVERY merce, $35,000,000, to remain available until erative Use Act of 1976 or other authority, to
September 30, 2025: Provided, That amounts use or occupy in the Herbert C. Hoover
For necessary expenses associated with the
made available under this heading are in ad- Building, Washington, DC, or other build-
restoration of Pacific salmon populations,
dition to such other funds as may be avail- ings, the maintenance, operation, and pro-
$65,000,000, to remain available until Sep-
able for such purposes: Provided further, That tection of which has been delegated to the
tember 30, 2024: Provided, That, of the funds
any unobligated balances of expired discre- Secretary from the Administrator of General
provided herein, the Secretary of Commerce
tionary funds transferred to the Department Services pursuant to the Federal Property
may issue grants to the States of Wash-
of Commerce Nonrecurring Expenses Fund, and Administrative Services Act of 1949 on a
ington, Oregon, Idaho, Nevada, California,
as authorized by section 111 of title I of divi- reimbursable or non-reimbursable basis.
and Alaska, and to the federally recognized
sion B of Public Law 116–93, may be obligated Amounts received as reimbursement for
Tribes of the Columbia River and Pacific
only after the Committees on Appropriations services provided under this section or the
Coast (including Alaska), for projects nec-
of the House of Representatives and the Sen- authority under which the use or occupancy
essary for conservation of salmon and
ate are notified at least 15 days in advance of of the space is authorized, up to $200,000,
steelhead populations that are listed as
the planned use of funds. shall be credited to the appropriation or fund
threatened or endangered, or that are identi-
fied by a State as at-risk to be so listed, for OFFICE OF INSPECTOR GENERAL which initially bears the costs of such serv-
maintaining populations necessary for exer- For necessary expenses of the Office of In- ices.
cise of Tribal treaty fishing rights or native spector General in carrying out the provi- SEC. 106. Nothing in this title shall be con-
subsistence fishing, or for conservation of sions of the Inspector General Act of 1978 (5 strued to prevent a grant recipient from de-
Pacific coastal salmon and steelhead habi- U.S.C. App.), $48,000,000. terring child pornography, copyright in-
tat, based on guidelines to be developed by GENERAL PROVISIONS—DEPARTMENT OF fringement, or any other unlawful activity
the Secretary of Commerce: Provided further, COMMERCE over its networks.
That all funds shall be allocated based on SEC. 107. The Administrator of the Na-
(INCLUDING TRANSFER OF FUNDS) tional Oceanic and Atmospheric Administra-
scientific and other merit principles and
SEC. 101. During the current fiscal year, ap- tion is authorized to use, with their consent,
shall not be available for marketing activi-
plicable appropriations and funds made with reimbursement and subject to the lim-
ties: Provided further, That funds disbursed to
available to the Department of Commerce by its of available appropriations, the land,
States shall be subject to a matching re-
this Act shall be available for the activities services, equipment, personnel, and facilities
quirement of funds or documented in-kind
specified in the Act of October 26, 1949 (15 of any department, agency, or instrumen-
contributions of at least 33 percent of the
U.S.C. 1514), to the extent and in the manner tality of the United States, or of any State,
Federal funds.
prescribed by the Act, and, notwithstanding local government, Indian Tribal government,
FISHERIES DISASTER ASSISTANCE 31 U.S.C. 3324, may be used for advanced pay- Territory, or possession, or of any political
For necessary expenses of administering ments not otherwise authorized only upon subdivision thereof, or of any foreign govern-
the fishery disaster assistance programs au- the certification of officials designated by ment or international organization, for pur-
thorized by the Magnuson-Stevens Fishery the Secretary of Commerce that such pay- poses related to carrying out the responsibil-
Conservation and Management Act (Public ments are in the public interest. ities of any statute administered by the Na-
Law 94–265) and the Interjurisdictional Fish- SEC. 102. During the current fiscal year, ap- tional Oceanic and Atmospheric Administra-
eries Act (title III of Public Law 99–659), propriations made available to the Depart- tion.
$300,000. ment of Commerce by this Act for salaries SEC. 108. The National Technical Informa-
and expenses shall be available for hire of tion Service shall not charge any customer
FISHERMEN’S CONTINGENCY FUND passenger motor vehicles as authorized by 31 for a copy of any report or document gen-
For carrying out the provisions of title IV U.S.C. 1343 and 1344; services as authorized erated by the Legislative Branch unless the
of Public Law 95–372, not to exceed $349,000, by 5 U.S.C. 3109; and uniforms or allowances Service has provided information to the cus-
to be derived from receipts collected pursu- therefor, as authorized by law (5 U.S.C. 5901– tomer on how an electronic copy of such re-
ant to that Act, to remain available until ex- 5902). port or document may be accessed and
pended. SEC. 103. Not to exceed 5 percent of any ap- downloaded for free online. Should a cus-
propriation made available for the current tomer still require the Service to provide a
FISHERIES FINANCE PROGRAM ACCOUNT
fiscal year for the Department of Commerce printed or digital copy of the report or docu-
dlhill on DSK120RN23PROD with SENATE
Subject to section 502 of the Congressional in this Act may be transferred between such ment, the charge shall be limited to recov-
Budget Act of 1974, during fiscal year 2023, appropriations, but no such appropriation ering the Service’s cost of processing, repro-
obligations of direct loans may not exceed shall be increased by more than 10 percent ducing, and delivering such report or docu-
$24,000,000 for Individual Fishing Quota loans by any such transfers: Provided, That any ment.
and not to exceed $100,000,000 for traditional transfer pursuant to this section shall be SEC. 109. To carry out the responsibilities
direct loans as authorized by the Merchant treated as a reprogramming of funds under of the National Oceanic and Atmospheric Ad-
Marine Act of 1936. section 505 of this Act and shall not be avail- ministration (NOAA), the Administrator of
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S7346 CONGRESSIONAL RECORD — SENATE December 19, 2022
NOAA is authorized to: (1) enter into grants JUSTICE INFORMATION SHARING TECHNOLOGY cial reception and representation expenses:
and cooperative agreements with; (2) use on (INCLUDING TRANSFER OF FUNDS) Provided further, That notwithstanding sec-
a non-reimbursable basis land, services, tion 205 of this Act, upon a determination by
For necessary expenses for information
equipment, personnel, and facilities provided the Attorney General that emergent cir-
sharing technology, including planning, de-
by; and (3) receive and expend funds made cumstances require additional funding for
velopment, deployment and departmental di- litigation activities of the Civil Division, the
available on a consensual basis from: a Fed-
rection, $138,000,000, to remain available Attorney General may transfer such
eral agency, State or subdivision thereof,
until expended: Provided, That the Attorney amounts to ‘‘Salaries and Expenses, General
local government, Tribal government, Terri-
General may transfer up to $40,000,000 to this Legal Activities’’ from available appropria-
tory, or possession or any subdivisions there-
account, from funds available to the Depart- tions for the current fiscal year for the De-
of: Provided, That funds received for permit-
ment of Justice for information technology, partment of Justice, as may be necessary to
ting and related regulatory activities pursu-
to remain available until expended, for en- respond to such circumstances: Provided fur-
ant to this section shall be deposited under
terprise-wide information technology initia- ther, That any transfer pursuant to the pre-
the heading ‘‘National Oceanic and Atmos-
tives: Provided further, That the transfer au- ceding proviso shall be treated as a re-
pheric Administration—Operations, Re-
thority in the preceding proviso is in addi- programming under section 505 of this Act
search, and Facilities’’ and shall remain
tion to any other transfer authority con- and shall not be available for obligation or
available until September 30, 2024, for such
tained in this Act: Provided further, That any expenditure except in compliance with the
purposes: Provided further, That all funds
transfer pursuant to the first proviso shall procedures set forth in that section: Provided
within this section and their corresponding
be treated as a reprogramming under section further, That of the amount appropriated,
uses are subject to section 505 of this Act.
505 of this Act and shall not be available for such sums as may be necessary shall be
SEC. 110. Amounts provided by this Act or
obligation or expenditure except in compli- available to the Civil Rights Division for sal-
by any prior appropriations Act that remain
ance with the procedures set forth in that aries and expenses associated with the elec-
available for obligation, for necessary ex-
section. tion monitoring program under section 8 of
penses of the programs of the Economics and the Voting Rights Act of 1965 (52 U.S.C. 10305)
Statistics Administration of the Department EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
and to reimburse the Office of Personnel
of Commerce, including amounts provided (INCLUDING TRANSFER OF FUNDS)
Management for such salaries and expenses:
for programs of the Bureau of Economic For expenses necessary for the administra- Provided further, That of the amounts pro-
Analysis and the Bureau of the Census, shall tion of immigration-related activities of the vided under this heading for the election
be available for expenses of cooperative Executive Office for Immigration Review, monitoring program, $3,390,000 shall remain
agreements with appropriate entities, in- $860,000,000, of which $4,000,000 shall be de- available until expended: Provided further,
cluding any Federal, State, or local govern- rived by transfer from the Executive Office That any funds provided under this heading
mental unit, or institution of higher edu- for Immigration Review fees deposited in the in prior year appropriations Acts that re-
cation, to aid and promote statistical, re- ‘‘Immigration Examinations Fee’’ account, main available to the Civil Rights Division
search, and methodology activities which and of which not less than $29,000,000 shall be for salaries and expenses associated with the
further the purposes for which such amounts available for services and activities provided election monitoring program under section 8
have been made available. by the Legal Orientation Program: Provided, of the Voting Rights Act of 1965 (52 U.S.C.
SEC. 111. Amounts provided by this Act for That not to exceed $50,000,000 of the total 10305) may also be used to carry out any au-
the Hollings Manufacturing Extension Part- amount made available under this heading thorized purposes of the Civil Rights Divi-
nership under the heading ‘‘National Insti- shall remain available until September 30, sion: Provided further, That amounts
tute of Standards and Technology—Indus- 2027, for build-out and modifications of repurposed by the preceding proviso may not
trial Technology Services’’ shall not be sub- courtroom space. be used to increase the number of permanent
ject to cost share requirements under 15 OFFICE OF INSPECTOR GENERAL positions.
U.S.C. 278k(e)(2): Provided, That the author- In addition, for reimbursement of expenses
ity made available pursuant to this section For necessary expenses of the Office of In- of the Department of Justice associated with
shall be elective, in whole or in part, for any spector General, $139,000,000, including not to processing cases under the National Child-
Manufacturing Extension Partnership Center exceed $10,000 to meet unforeseen emer- hood Vaccine Injury Act of 1986, $31,738,000,
that also receives funding from a State that gencies of a confidential character: Provided, to be appropriated from the Vaccine Injury
is conditioned upon the application of a Fed- That not to exceed $4,000,000 shall remain Compensation Trust Fund and to remain
eral cost sharing requirement. available until September 30, 2024. available until expended.
SEC. 112. The Secretary of Commerce, or UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES, ANTITRUST DIVISION
the designee of the Secretary, may waive— SALARIES AND EXPENSES For expenses necessary for the enforce-
(1) in whole or in part, the matching re- For necessary expenses of the United ment of antitrust and kindred laws,
quirements under sections 306 and 306A, and States Parole Commission as authorized, $225,000,000, to remain available until ex-
the cost sharing requirements under section $14,591,000: Provided, That, notwithstanding pended, of which not to exceed $5,000 shall be
315, of the Coastal Zone Management Act of any other provision of law, upon the expira- available for official reception and represen-
1972 (16 U.S.C. 1455, 1455a, and 1461) as nec- tion of a term of office of a Commissioner, tation expenses: Provided, That notwith-
essary at the request of the grant applicant, the Commissioner may continue to act until standing any other provision of law, fees col-
for amounts made available under this Act a successor has been appointed. lected for premerger notification filings
under the heading ‘‘Operations, Research, under the Hart-Scott-Rodino Antitrust Im-
LEGAL ACTIVITIES provements Act of 1976 (15 U.S.C. 18a), re-
and Facilities’’ under the heading ‘‘National
Oceanic and Atmospheric Administration’’; SALARIES AND EXPENSES, GENERAL LEGAL gardless of the year of collection (and esti-
and ACTIVITIES mated to be $190,000,000 in fiscal year 2023),
(2) up to 50 percent of the matching re- (INCLUDING TRANSFER OF FUNDS) shall be retained and used for necessary ex-
quirements under sections 306 and 306A, and For expenses necessary for the legal activi- penses in this appropriation, and shall re-
the cost sharing requirements under section ties of the Department of Justice, not other- main available until expended: Provided fur-
315, of the Coastal Zone Management Act of wise provided for, including not to exceed ther, That the sum herein appropriated from
1972 (16 U.S.C. 1455, 1455a, and 1461) as nec- $20,000 for expenses of collecting evidence, to the general fund shall be reduced as such off-
essary at the request of the grant applicant, be expended under the direction of, and to be setting collections are received during fiscal
for amounts made available under this Act accounted for solely under the certificate of, year 2023, so as to result in a final fiscal year
under the heading ‘‘Procurement, Acquisi- the Attorney General; the administration of 2023 appropriation from the general fund es-
tion and Construction’’ under the heading timated at $35,000,000.
pardon and clemency petitions; and rent of
‘‘National Oceanic and Atmospheric Admin- private or Government-owned space in the SALARIES AND EXPENSES, UNITED STATES
istration’’. District of Columbia, $1,138,000,000, of which ATTORNEYS
This title may be cited as the ‘‘Department not to exceed $50,000,000 for litigation sup- For necessary expenses of the Offices of the
of Commerce Appropriations Act, 2023’’. port contracts and information technology United States Attorneys, including inter-
TITLE II projects, including cybersecurity and hard- governmental and cooperative agreements,
ening of critical networks, shall remain $2,632,000,000: Provided, That of the total
DEPARTMENT OF JUSTICE
available until expended: Provided, That of amount appropriated, not to exceed $19,600
GENERAL ADMINISTRATION shall be available for official reception and
the amount provided for INTERPOL Wash-
SALARIES AND EXPENSES ington dues payments, not to exceed $685,000 representation expenses: Provided further,
For expenses necessary for the administra- shall remain available until expended: Pro- That not to exceed $40,000,000 shall remain
dlhill on DSK120RN23PROD with SENATE
tion of the Department of Justice, vided further, That of the total amount ap- available until expended: Provided further,
$145,000,000, of which $4,000,000 shall remain propriated, not to exceed $9,000 shall be That each United States Attorney shall es-
available until September 30, 2024, and of available to INTERPOL Washington for offi- tablish or participate in a task force on
which not to exceed $4,000,000 for security cial reception and representation expenses: human trafficking.
and construction of Department of Justice Provided further, That of the total amount UNITED STATES TRUSTEE SYSTEM FUND
facilities shall remain available until ex- appropriated, not to exceed $9,000 shall be For necessary expenses of the United
pended. available to the Criminal Division for offi- States Trustee Program, as authorized,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7347
$255,000,000, to remain available until ex- ASSETS FORFEITURE FUND not to exceed $216,900,000 shall remain avail-
pended: Provided, That, notwithstanding any For expenses authorized by subparagraphs able until expended: Provided, That not to ex-
other provision of law, deposits of discre- (B), (F), and (G) of section 524(c)(1) of title 28, ceed $284,000 shall be available for official re-
tionary offsetting collections to the United United States Code, $20,514,000, to be derived ception and representation expenses.
States Trustee System Fund and amounts from the Department of Justice Assets For- CONSTRUCTION
herein appropriated shall be available in feiture Fund. For necessary expenses, to include the cost
such amounts as may be necessary to pay re- of equipment, furniture, and information
UNITED STATES MARSHALS SERVICE
funds due depositors: Provided further, That, technology requirements, related to con-
notwithstanding any other provision of law, SALARIES AND EXPENSES
struction or acquisition of buildings, facili-
fees deposited into the Fund as discretionary For necessary expenses of the United ties, and sites by purchase, or as otherwise
offsetting collections pursuant to section States Marshals Service, $1,705,000,000, of authorized by law; conversion, modification,
589a of title 28, United States Code (as lim- which not to exceed $20,000 shall be available and extension of federally owned buildings;
ited by section 589a(f)(2) of title 28, United for official reception and representation ex- preliminary planning and design of projects;
States Code), shall be retained and used for penses, and not to exceed $25,000,000 shall re- and operation and maintenance of secure
necessary expenses in this appropriation and main available until expended. work environment facilities and secure net-
shall remain available until expended: Pro- CONSTRUCTION working capabilities; $651,895,000, to remain
vided further, That to the extent that fees de- available until expended.
For construction in space that is con-
posited into the Fund as discretionary offset- trolled, occupied, or utilized by the United DRUG ENFORCEMENT ADMINISTRATION
ting collections in fiscal year 2023, net of States Marshals Service for prisoner holding SALARIES AND EXPENSES
amounts necessary to pay refunds due de- and related support, $18,000,000, to remain For necessary expenses of the Drug En-
positors, exceed $255,000,000, those excess available until expended. forcement Administration, including not to
amounts shall be available in future fiscal exceed $70,000 to meet unforeseen emer-
FEDERAL PRISONER DETENTION
years only to the extent provided in advance gencies of a confidential character pursuant
in appropriations Acts: Provided further, That For necessary expenses related to United to section 530C of title 28, United States
the sum herein appropriated from the gen- States prisoners in the custody of the United Code; and expenses for conducting drug edu-
eral fund shall be reduced (1) as such fees are States Marshals Service as authorized by cation and training programs, including
received during fiscal year 2023, net of section 4013 of title 18, United States Code, travel and related expenses for participants
amounts necessary to pay refunds due de- $2,129,789,000, to remain available until ex- in such programs and the distribution of
positors, (estimated at $269,000,000) and (2) to pended: Provided, That not to exceed items of token value that promote the goals
the extent that any remaining general fund $20,000,000 shall be considered ‘‘funds appro- of such programs, $2,563,116,000, of which not
appropriations can be derived from amounts priated for State and local law enforcement to exceed $75,000,000 shall remain available
deposited in the Fund as discretionary off- assistance’’ pursuant to section 4013(b) of until expended and not to exceed $90,000 shall
setting collections in previous fiscal years title 18, United States Code: Provided further, be available for official reception and rep-
that are not otherwise appropriated, so as to That the United States Marshals Service resentation expenses: Provided, That, not-
result in a final fiscal year 2023 appropria- shall be responsible for managing the Justice withstanding section 3672 of Public Law 106–
tion from the general fund estimated at $0. Prisoner and Alien Transportation System. 310, up to $10,000,000 may be used to reim-
SALARIES AND EXPENSES, FOREIGN CLAIMS NATIONAL SECURITY DIVISION burse States, units of local government, In-
SETTLEMENT COMMISSION SALARIES AND EXPENSES dian Tribal Governments, other public enti-
For expenses necessary to carry out the ac- ties, and multi-jurisdictional or regional
(INCLUDING TRANSFER OF FUNDS)
tivities of the Foreign Claims Settlement consortia thereof for expenses incurred to
For expenses necessary to carry out the ac- clean up and safely dispose of substances as-
Commission, including services as author-
tivities of the National Security Division, sociated with clandestine methamphetamine
ized by section 3109 of title 5, United States
$133,512,000, of which not to exceed $5,000,000 laboratories, conversion and extraction oper-
Code, $2,504,000.
for information technology systems shall re- ations, tableting operations, or laboratories
FEES AND EXPENSES OF WITNESSES main available until expended: Provided, and processing operations for fentanyl and
For fees and expenses of witnesses, for ex- That notwithstanding section 205 of this Act, fentanyl-related substances which may
penses of contracts for the procurement and upon a determination by the Attorney Gen- present a danger to public health or the envi-
supervision of expert witnesses, for private eral that emergent circumstances require ronment.
counsel expenses, including advances, and for additional funding for the activities of the BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
expenses of foreign counsel, $270,000,000, to National Security Division, the Attorney EXPLOSIVES
remain available until expended, of which General may transfer such amounts to this SALARIES AND EXPENSES
not to exceed $16,000,000 is for construction of heading from available appropriations for
buildings for protected witness safesites; not For necessary expenses of the Bureau of
the current fiscal year for the Department of
to exceed $3,000,000 is for the purchase and Alcohol, Tobacco, Firearms and Explosives,
Justice, as may be necessary to respond to
maintenance of armored and other vehicles for training of State and local law enforce-
such circumstances: Provided further, That
for witness security caravans; and not to ex- ment agencies with or without reimburse-
any transfer pursuant to the preceding pro-
ceed $35,000,000 is for the purchase, installa- ment, including training in connection with
viso shall be treated as a reprogramming
tion, maintenance, and upgrade of secure the training and acquisition of canines for
under section 505 of this Act and shall not be
telecommunications equipment and a secure explosives and fire accelerants detection;
available for obligation or expenditure ex-
automated information network to store and and for provision of laboratory assistance to
cept in compliance with the procedures set State and local law enforcement agencies,
retrieve the identities and locations of pro- forth in that section. with or without reimbursement,
tected witnesses: Provided, That amounts INTERAGENCY LAW ENFORCEMENT $1,672,000,000, of which not to exceed $36,000
made available under this heading may not
INTERAGENCY CRIME AND DRUG ENFORCEMENT shall be for official reception and representa-
be transferred pursuant to section 205 of this
For necessary expenses for the identifica- tion expenses, not to exceed $1,000,000 shall
Act.
tion, investigation, and prosecution of indi- be available for the payment of attorneys’
SALARIES AND EXPENSES, COMMUNITY fees as provided by section 924(d)(2) of title
RELATIONS SERVICE viduals associated with the most significant
drug trafficking organizations, transnational 18, United States Code, and not to exceed
(INCLUDING TRANSFER OF FUNDS)
organized crime, and money laundering orga- $25,000,000 shall remain available until ex-
For necessary expenses of the Community nizations not otherwise provided for, to in- pended: Provided, That none of the funds ap-
Relations Service, $25,024,000: Provided, That clude inter-governmental agreements with propriated herein shall be available to inves-
notwithstanding section 205 of this Act, upon State and local law enforcement agencies en- tigate or act upon applications for relief
a determination by the Attorney General gaged in the investigation and prosecution of from Federal firearms disabilities under sec-
that emergent circumstances require addi- individuals involved in transnational orga- tion 925(c) of title 18, United States Code:
tional funding for conflict resolution and vi- Provided further, That such funds shall be
nized crime and drug trafficking, $550,458,000,
olence prevention activities of the Commu- available to investigate and act upon appli-
of which $50,000,000 shall remain available
nity Relations Service, the Attorney General cations filed by corporations for relief from
until expended: Provided, That any amounts
may transfer such amounts to the Commu- Federal firearms disabilities under section
obligated from appropriations under this
nity Relations Service, from available appro- 925(c) of title 18, United States Code: Pro-
heading may be used under authorities avail-
priations for the current fiscal year for the vided further, That no funds made available
able to the organizations reimbursed from
Department of Justice, as may be necessary by this or any other Act may be used to
this appropriation.
dlhill on DSK120RN23PROD with SENATE
to respond to such circumstances: Provided transfer the functions, missions, or activities
FEDERAL BUREAU OF INVESTIGATION of the Bureau of Alcohol, Tobacco, Firearms
further, That any transfer pursuant to the
preceding proviso shall be treated as a re- SALARIES AND EXPENSES and Explosives to other agencies or Depart-
programming under section 505 of this Act For necessary expenses of the Federal Bu- ments.
and shall not be available for obligation or reau of Investigation for detection, inves- CONSTRUCTION
expenditure except in compliance with the tigation, and prosecution of crimes against For necessary expenses related to con-
procedures set forth in that section. the United States, $10,676,000,000, of which struction of laboratory facilities, to include
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S7348 CONGRESSIONAL RECORD — SENATE December 19, 2022
the cost of equipment, furniture, and infor- and commitments without regard to fiscal lence, dating violence, stalking, or sexual as-
mation technology requirements; construc- year limitations as provided by section 9104 sault as authorized by section 40299 of the
tion or acquisition of buildings, facilities, of title 31, United States Code, as may be 1994 Act;
and sites by purchase, or as otherwise au- necessary in carrying out the program set (3) $2,500,000 is for the National Institute of
thorized by law; conversion, modification forth in the budget for the current fiscal Justice and the Bureau of Justice Statistics
and extension of federally owned buildings; year for such corporation. for research, evaluation, and statistics of vi-
and preliminary planning and design of LIMITATION ON ADMINISTRATIVE EXPENSES, olence against women and related issues ad-
projects; $75,000,000, to remain available FEDERAL PRISON INDUSTRIES, INCORPORATED dressed by grant programs of the Office on
until expended. Not to exceed $2,700,000 of the funds of the Violence Against Women, which shall be
FEDERAL PRISON SYSTEM Federal Prison Industries, Incorporated, transferred to ‘‘Research, Evaluation and
SALARIES AND EXPENSES shall be available for its administrative ex- Statistics’’ for administration by the Office
(INCLUDING TRANSFER OF FUNDS) penses, and for services as authorized by sec- of Justice Programs;
tion 3109 of title 5, United States Code, to be (4) $17,000,000 is for a grant program to pro-
For necessary expenses of the Federal Pris-
on System for the administration, operation, computed on an accrual basis to be deter- vide services to advocate for and respond to
and maintenance of Federal penal and cor- mined in accordance with the corporation’s youth victims of domestic violence, dating
rectional institutions, and for the provision current prescribed accounting system, and violence, sexual assault, and stalking; assist-
of technical assistance and advice on correc- such amounts shall be exclusive of deprecia- ance to children and youth exposed to such
tions related issues to foreign governments, tion, payment of claims, and expenditures violence; programs to engage men and youth
$8,392,588,000: Provided, That not less than which such accounting system requires to be in preventing such violence; and assistance
$409,483,000 shall be for the programs and ac- capitalized or charged to cost of commod- to middle and high school students through
tivities authorized by the First Step Act of ities acquired or produced, including selling education and other services related to such
2018 (Public Law 115–391), of which not less and shipping expenses, and expenses in con- violence, of which $3,500,000 is to engage men
than 2 percent shall be transferred to and nection with acquisition, construction, oper- and youth in preventing domestic violence,
merged with the appropriation for ‘‘Office of ation, maintenance, improvement, protec- dating violence, sexual assault, and stalking:
Justice Programs—Research, Evaluation and tion, or disposition of facilities and other Provided, That unobligated balances avail-
Statistics’’ for the National Institute of Jus- property belonging to the corporation or in able for the programs authorized by sections
tice to carry out evaluations of programs which it has an interest. 41201, 41204, 41303, and 41305 of the 1994 Act,
and activities related to the First Step Act STATE AND LOCAL LAW ENFORCEMENT prior to its amendment by the 2013 Act, shall
of 2018: Provided further, That the Attorney ACTIVITIES be available for this program: Provided fur-
General may transfer to the Department of ther, That 10 percent of the total amount
OFFICE ON VIOLENCE AGAINST WOMEN
Health and Human Services such amounts as available for this grant program shall be
VIOLENCE AGAINST WOMEN PREVENTION AND
may be necessary for direct expenditures by available for grants under the program au-
PROSECUTION PROGRAMS
that Department for medical relief for in- thorized by section 2015 of the 1968 Act: Pro-
(INCLUDING TRANSFER OF FUNDS) vided further, That the definitions and grant
mates of Federal penal and correctional in-
stitutions: Provided further, That the Direc- For grants, contracts, cooperative agree- conditions in section 40002 of the 1994 Act
tor of the Federal Prison System, where nec- ments, and other assistance for the preven- shall apply to this program;
essary, may enter into contracts with a fis- tion and prosecution of violence against (5) $60,500,000 is for grants to improve the
cal agent or fiscal intermediary claims proc- women, as authorized by the Omnibus Crime criminal justice response as authorized by
essor to determine the amounts payable to Control and Safe Streets Act of 1968 (34 part U of title I the 1968 Act, of which
persons who, on behalf of the Federal Prison U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); title II $4,000,000 is for a homicide reduction initia-
System, furnish health services to individ- of the Civil Rights Act of 1968 (commonly tive; up to $4,000,000 is for a domestic vio-
uals committed to the custody of the Federal known as the ‘‘Indian Civil Rights Act of lence lethality reduction initiative; $8,000,000
Prison System: Provided further, That not to 1968’’) (Public Law 90–284) (‘‘the Indian Civil is for an initiative to promote effective po-
exceed $5,400 shall be available for official re- Rights Act’’); the Violent Crime Control and licing and prosecution responses to domestic
ception and representation expenses: Pro- Law Enforcement Act of 1994 (Public Law violence, dating violence, sexual assault, and
vided further, That not to exceed $50,000,000 103–322) (‘‘the 1994 Act’’); the Victims of stalking, including evaluation of the effec-
shall remain available until expended for Child Abuse Act of 1990 (Public Law 101–647) tiveness of funded interventions (‘‘Policing
necessary operations: Provided further, That, (‘‘the 1990 Act’’); the Prosecutorial Remedies and Prosecution Initiative’’); and $1,000,000 is
of the amounts provided for contract con- and Other Tools to end the Exploitation of for an initiative to enhance prosecution and
finement, not to exceed $20,000,000 shall re- Children Today Act of 2003 (Public Law 108– investigation of online abuse and harassment
main available until expended to make pay- 21); the Juvenile Justice and Delinquency (‘‘Prosecution and Investigation of Online
ments in advance for grants, contracts and Prevention Act of 1974 (34 U.S.C. 11101 et Abuse Initiative’’): Provided, That sub-
reimbursable agreements, and other ex- seq.) (‘‘the 1974 Act’’); the Victims of Traf- sections (c) and (d) of section 2101 of the 1968
penses: Provided further, That the Director of ficking and Violence Protection Act of 2000 Act shall not apply to the Policing and Pros-
the Federal Prison System may accept do- (Public Law 106–386) (‘‘the 2000 Act’’); the Vi- ecution Initiative or the Prosecution and In-
nated property and services relating to the olence Against Women and Department of vestigation of Online Abuse Initiative;
operation of the prison card program from a Justice Reauthorization Act of 2005 (Public (6) $78,500,000 is for sexual assault victims
not-for-profit entity which has operated such Law 109–162) (‘‘the 2005 Act’’); the Violence assistance, as authorized by section 41601 of
program in the past, notwithstanding the Against Women Reauthorization Act of 2013 the 1994 Act;
fact that such not-for-profit entity furnishes (Public Law 113–4) (‘‘the 2013 Act’’); the Jus- (7) $50,000,000 is for rural domestic violence
services under contracts to the Federal Pris- tice for Victims of Trafficking Act of 2015 and child abuse enforcement assistance
on System relating to the operation of pre- (Public Law 114–22) (‘‘the 2015 Act’’); and the grants, as authorized by section 40295 of the
release services, halfway houses, or other Abolish Human Trafficking Act (Public Law 1994 Act;
custodial facilities. 115–392); and the Violence Against Women (8) $25,000,000 is for grants to reduce violent
Act Reauthorization Act of 2022 (division W crimes against women on campus, as author-
BUILDINGS AND FACILITIES
of Public Law 117–103) (‘‘the 2022 Act’’); and ized by section 304 of the 2005 Act, of which
For planning, acquisition of sites, and con- for related victims services, $700,000,000, to $12,500,000 is for grants to Historically Black
struction of new facilities; purchase and ac- remain available until expended: Provided, Colleges and Universities, Hispanic-Serving
quisition of facilities and remodeling, and That except as otherwise provided by law, Institutions, and Tribal colleges and univer-
equipping of such facilities for penal and cor- not to exceed 5 percent of funds made avail- sities;
rectional use, including all necessary ex- able under this heading may be used for ex- (9) $55,000,000 is for legal assistance for vic-
penses incident thereto, by contract or force penses related to evaluation, training, and tims, as authorized by section 1201 of the 2000
account; and constructing, remodeling, and technical assistance: Provided further, That Act;
equipping necessary buildings and facilities of the amount provided— (10) $9,000,000 is for enhanced training and
at existing penal and correctional institu- (1) $255,000,000 is for grants to combat vio- services to end violence against and abuse of
tions, including all necessary expenses inci- lence against women, as authorized by part women in later life, as authorized by section
dent thereto, by contract or force account, T of the 1968 Act, and any applicable in- 40801 of the 1994 Act;
$108,000,000, to remain available until ex- creases for the amount of such grants, as au- (11) $22,000,000 is for grants to support fami-
pended: Provided, That labor of United States thorized by section 5903 of the James M. lies in the justice system, as authorized by
prisoners may be used for work performed Inhofe National Defense Authorization Act section 1301 of the 2000 Act: Provided, That
dlhill on DSK120RN23PROD with SENATE
under this appropriation. for Fiscal Year 2023: Provided, That $10,000,000 unobligated balances available for the pro-
FEDERAL PRISON INDUSTRIES, INCORPORATED shall be for any such increases under such grams authorized by section 1301 of the 2000
The Federal Prison Industries, Incor- section 5903, which shall apply to fiscal year Act and section 41002 of the 1994 Act, prior to
porated, is hereby authorized to make such 2023 grants funded by amounts provided in their amendment by the 2013 Act, shall be
expenditures within the limits of funds and this paragraph; available for this program;
borrowing authority available, and in accord (2) $50,000,000 is for transitional housing as- (12) $12,000,000 is for education and training
with the law, and to make such contracts sistance grants for victims of domestic vio- to end violence against and abuse of women
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
December 19, 2022 CONGRESSIONAL RECORD — SENATE S7349
with disabilities, as authorized by section 21) (‘‘the PROTECT Act’’); the Justice for All Property Act of 2008 (Public Law 110–403); the
1402 of the 2000 Act; Act of 2004 (Public Law 108–405); the Violence Victims of Crime Act of 1984 (Public Law 98–
(13) $1,000,000 is for the National Resource Against Women and Department of Justice 473); the Mentally Ill Offender Treatment
Center on Workplace Responses to assist vic- Reauthorization Act of 2005 (Public Law 109– and Crime Reduction Reauthorization and
tims of domestic violence, as authorized by 162) (‘‘the 2005 Act’’); the Victims of Child Improvement Act of 2008 (Public Law 110–
section 41501 of the 1994 Act; Abuse Act of 1990 (Public Law 101–647); the 416); the Violence Against Women Reauthor-
(14) $1,000,000 is for analysis and research Second Chance Act of 2007 (Public Law 110– ization Act of 2013 (Public Law 113–4) (‘‘the
on violence against Indian women, including 199); the Victims of Crime Act of 1984 (Public 2013 Act’’); the Comprehensive Addiction and
as authorized by section 904 of the 2005 Act: Law 98–473); the Adam Walsh Child Protec- Recovery Act of 2016 (Public Law 114–198)
Provided, That such funds may be transferred tion and Safety Act of 2006 (Public Law 109– (‘‘CARA’’); the Justice for All Reauthoriza-
to ‘‘Research, Evaluation and Statistics’’ for 248) (‘‘the Adam Walsh Act’’); the PROTECT tion Act of 2016 (Public Law 114–324); Kevin
administration by the Office of Justice Pro- Our Children Act of 2008 (Public Law 110–401); and Avonte’s Law (division Q of Public Law
grams; subtitle C of title II of the Homeland Secu- 115–141) (‘‘Kevin and Avonte’s Law’’); the
(15) $500,000 is for a national clearinghouse rity Act of 2002 (Public Law 107–296) (‘‘the Keep Young Athletes Safe Act of 2018 (title
that provides training and technical assist- 2002 Act’’); the Prison Rape Elimination Act III of division S of Public Law 115–141) (‘‘the
ance on issues relating to sexual assault of of 2003 (Public Law 108–79) (‘‘PREA’’); the Keep Young Athletes Safe Act’’); the STOP
American Indian and Alaska Native women; NICS Improvement Amendments Act of 2007 School Violence Act of 2018 (title V of divi-
(16) $11,000,000 is for programs to assist (Public Law 110–180); the Violence Against sion S of Public Law 115–141) (‘‘the STOP
Tribal Governments in exercising special Women Reauthorization Act of 2013 (Public School Violence Act’’); the Fix NICS Act of
Tribal criminal jurisdiction, as authorized Law 113–4) (‘‘the 2013 Act’’); the Comprehen-
2018 (title VI of division S of Public Law 115–
by section 204 of the Indian Civil Rights Act: sive Addiction and Recovery Act of 2016
141); the Project Safe Neighborhoods Grant
Provided, That the grant conditions in sec- (Public Law 114–198); the First Step Act of
Program Authorization Act of 2018 (Public
tion 40002(b) of the 1994 Act shall apply to 2018 (Public Law 115–391); and other pro-
Law 115–185); the SUPPORT for Patients and
grants made; grams, $77,000,000, to remain available until
Communities Act (Public Law 115–271); the
(17) $2,500,000 is for the purposes authorized expended, of which—
Second Chance Reauthorization Act of 2018
under the 2015 Act; (1) $42,000,000 is for criminal justice statis-
(Public Law 115–391); the Matthew Shepard
(18) $15,000,000 is for a grant program to tics programs, and other activities, as au-
and James Byrd, Jr. Hate Crimes Prevention
support restorative justice responses to do- thorized by part C of title I of the 1968 Act;
Act (Public Law 111–84); the Ashanti Alert
mestic violence, dating violence, sexual as- and
Act of 2018 (Public Law 115–401); the Missing
sault, and stalking, including evaluations of (2) $35,000,000 is for research, development,
Persons and Unidentified Remains Act of
those responses: Provided, That the defini- and evaluation programs, and other activi-
2019 (Public Law 116–277); the Jabara-Heyer
tions and grant conditions in section 109 of ties as authorized by part B of title I of the
NO HATE Act (34 U.S.C. 30507); the Violence
the 2022 Act, shall apply to this program; 1968 Act and subtitle C of title II of the 2002
Against Women Act Reauthorization Act of
(19) $11,000,000 is for culturally specific Act, and for activities authorized by or con-
2022 (division W of Public Law 117–103 (‘‘the
services for victims, as authorized by section sistent with the First Step Act of 2018, of
2022 Act’’); and other programs, $2,416,805,000,
121 of the 2005 Act; which $7,500,000 is for research targeted to-
to remain available until expended as fol-
(20) $3,000,000 is for an initiative to support ward developing a better understanding of
lows—
cross-designation of tribal prosecutors as the domestic radicalization phenomenon,
(1) $770,805,000 for the Edward Byrne Memo-
Tribal Special Assistant United States At- and advancing evidence-based strategies for
rial Justice Assistance Grant program as au-
torneys: Provided, That the definitions and effective intervention and prevention;
thorized by subpart 1 of part E of title I of
grant conditions in section 40002 of the 1994 $1,000,000 is for research to study the root
the 1968 Act (except that section 1001(c), and
Act shall apply to this initiative; causes of school violence to include the im-
the special rules for Puerto Rico under sec-
(21) $1,000,000 is for an initiative to support pact and effectiveness of grants made under
tion 505(g), of title I of the 1968 Act shall not
victims of domestic violence, dating vio- the STOP School Violence Act of 2018 (title
apply for purposes of this Act), of which, not-
lence, sexual assault, and stalking, including V of division S of Public Law 115–141);
withstanding such subpart 1—
through the provision of technical assist- $1,000,000 is for research on violence against
(A) $13,000,000 is for an Officer Robert Wil-
ance, as authorized by section 206 of the 2022 American Indians and Alaska Natives or oth-
son III memorial initiative on Preventing
Act: Provided, That the definitions and grant erwise affecting indigenous communities, in
Violence Against Law Enforcement and En-
conditions in section 40002 of the 1994 Act connection with extractive industry activi-
suring Officer Resilience and Survivability
shall apply to this initiative; ties; $1,000,000 is for research on gun violence
(VALOR);
(22) $2,000,000 is for a National Deaf Serv- prevention; $1,000,000 is for surveys on the
(B) $3,500,000 is for the operation, mainte-
ices Line to provide remote services to Deaf campus sexual assault climate; $1,200,000 is
nance, and expansion of the National Missing
victims of domestic violence, dating vio- for a study on certain school-based crimes;
and Unidentified Persons System;
lence, sexual assault, and stalking: Provided, and $1,000,000 is for a study on law enforce-
(C) $10,000,000 is for a grant program for
That the definitions and grant conditions in ment and community agency responses to
State and local law enforcement to provide
section 40002 of the 1994 Act shall apply to opioid overdoses.
officer training on responding to individuals
this service line; STATE AND LOCAL LAW ENFORCEMENT with mental illness or disabilities;
(23) $5,000,000 is for grants for outreach and ASSISTANCE (D) $5,000,000 is for a student loan repay-
services to underserved populations, as au- (INCLUDING TRANSFER OF FUNDS) ment assistance program pursuant to section
thorized by section 120 of the 2005 Act; For grants, contracts, cooperative agree- 952 of Public Law 110–315;
(24) $4,000,000 is for an initiative to provide ments, and other assistance authorized by (E) $15,500,000 is for prison rape prevention
financial assistance to victims, including the Violent Crime Control and Law Enforce- and prosecution grants to States and units of
evaluation of the effectiveness of funded ment Act of 1994 (Public Law 103–322) (‘‘the local government, and other programs, as
projects: Provided, That the definitions and 1994 Act’’); the Omnibus Crime Control and authorized by PREA;
grant conditions in section 40002 of the 1994 Safe Streets Act of 1968 (Public Law 90–351) (F) $3,000,000 is for the Missing Americans
Act shall apply to this initiative; (‘‘the 1968 Act’’); the Justice for All Act of Alert Program (title XXIV of the 1994 Act),
(25) $5,000,000 is for trauma-informed, vic- 2004 (Public Law 108–405); the Victims of as amended by Kevin and Avonte’s Law;
tim-centered training for law enforcement, Child Abuse Act of 1990 (Public Law 101–647) (G) $20,000,000 is for grants authorized
and related research and evaluation activi- (‘‘the 1990 Act’’); the Trafficking Victims under the Project Safe Neighborhoods Grant
ties, as authorized by section 41701 of the 1994 Protection Reauthorization Act of 2005 (Pub- Authorization Act of 2018 (Public Law 115–
Act; and lic Law 109–164) (‘‘the TVPRA of 2005’’); the 185);
(26) $1,500,000 is for a pilot program to im- Violence Against Women and Department of (H) $13,000,000 is for the Capital Litigation
prove victim services on college campuses. Justice Reauthorization Act of 2005 (Public Improvement Grant Program, as authorized
OFFICE OF JUSTICE PROGRAMS Law 109–162) (‘‘the 2005 Act’’); the Adam by section 426 of Public Law 108–405, and for
RESEARCH, EVALUATION AND STATISTICS Walsh Child Protection and Safety Act of grants for wrongful conviction review;
For grants, contracts, cooperative agree- 2006 (Public Law 109–248) (‘‘the Adam Walsh (I) $3,000,000 is for a national center on re-
ments, and other assistance authorized by Act’’); the Victims of Trafficking and Vio- storative justice;
title I of the Omnibus Crime Control and lence Protection Act of 2000 (Public Law 106– (J) $1,000,000 is for the purposes of the
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 386) (‘‘the Victims of Trafficking Act’’); the Ashanti Alert Communications Network as
Violent Crime Control and Law Enforcement NICS Improvement Amendments Act of 2007 authorized under the Ashanti Alert Act of
dlhill on DSK120RN23PROD with SENATE
Act of 1994 (Public Law 103–322) (‘‘the 1994 (Public Law 110–180); subtitle C of title II of 2018 (Public Law 115–401);
Act’’); the Juvenile Justice and Delinquency the Homeland Security Act of 2002 (Public (K) $3,500,000 is for a grant program to rep-
Prevention Act of 1974 (‘‘the 1974 Act’’); the Law 107–296) (‘‘the 2002 Act’’); the Prison licate and support family-based alternative
Missing Children’s Assistance Act (34 U.S.C. Rape Elimination Act of 2003 (Public Law sentencing programs;
11291 et seq.); the Prosecutorial Remedies 108–79) (‘‘PREA’’); the Second Chance Act of (L) $2,000,000 is for a grant program to sup-
and Other Tools to end the Exploitation of 2007 (Public Law 110–199); the Prioritizing port child advocacy training in post-sec-
Children Today Act of 2003 (Public Law 108– Resources and Organization for Intellectual ondary education;
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S7350 CONGRESSIONAL RECORD — SENATE December 19, 2022
(M) $8,000,000 is for a rural violent crime cent of funds made available under this para- (16) $2,500,000 for a competitive grant pro-
initiative, including assistance for law en- graph may be used for the purposes described gram authorized by the Keep Young Athletes
forcement; in the DNA Training and Education for Law Safe Act;
(N) $6,000,000 is for grants authorized under Enforcement, Correctional Personnel, and (17) $82,000,000 for grants to be adminis-
the Missing Persons and Unidentified Re- Court Officers program (Public Law 108–405, tered by the Bureau of Justice Assistance for
mains Act of 2019 (Public Law 116–277); section 303); purposes authorized under the STOP School
(O) $4,000,000 is for a drug data research (B) $20,000,000 for other local, State, and Violence Act;
center to combat opioid abuse; Federal forensic activities; (18) $3,500,000 for grants to State and local
(P) $1,500,000 is for grants to accredited in- (C) $15,000,000 is for the purposes described law enforcement agencies for the expenses
stitutions of higher education to support fo- in the Kirk Bloodsworth Post-Conviction associated with the investigation and pros-
rensic ballistics programs; DNA Testing Grant Program (Public Law ecution of criminal offenses involving civil
(Q) $229,551,000 is for discretionary grants 108–405, section 412); and rights, authorized by the Emmett Till Un-
to improve the functioning of the criminal (D) $5,000,000 is for Sexual Assault Forensic solved Civil Rights Crimes Reauthorization
justice system, to prevent or combat juve- Exam Program grants, including as author- Act of 2016 (Public Law 114–325);
nile delinquency, and to assist victims of ized by section 304 of Public Law 108–405; (19) $25,000,000 for grants to State, local,
crime (other than compensation), which (11) $55,000,000 for community-based grant and Tribal law enforcement agencies to con-
shall be used for the projects, and in the programs to improve the response to sexual duct educational outreach and training on
amounts, specified under the heading, assault, including assistance for investiga- hate crimes and to investigate and prosecute
‘‘Byrne Discretionary Community Project hate crimes, as authorized by section 4704 of
tion and prosecution of related cold cases;
Grants/Byrne Discretionary Grants’’, in the the Matthew Shepard and James Byrd, Jr.
(12) $15,000,000 for the court-appointed spe-
explanatory statement described in section 4 Hate Crimes Prevention Act (Public Law 111–
cial advocate program, as authorized by sec-
(in the matter preceding division A of this 84);
tion 217 of the 1990 Act;
consolidated Act): Provided, That such (20) $10,000,000 for grants to support com-
(13) $60,000,000 for assistance to Indian
amounts may not be transferred for any munity-based approaches to advancing jus-
Tribes;
other purpose; tice and reconciliation, facilitating dialogue
(R) $5,000,000 is for the purposes authorized (14) $125,000,000 for offender reentry pro-
grams and research, as authorized by the between all parties, building local capacity,
under section 1506 of the 2022 Act; de-escalating community tensions, and pre-
(S) $5,000,000 is for a program to improve Second Chance Act of 2007 (Public Law 110–
199) and by the Second Chance Reauthoriza- venting hate crimes through conflict resolu-
virtual training for law enforcement; and tion and community empowerment and edu-
(T) $7,000,000 is for programs for tion Act of 2018 (Public Law 115–391), without
regard to the time limitations specified at cation;
cybercrime enforcement, as authorized by (21) $10,000,000 for programs authorized
sections 1401 and 1402 of the 2022 Act; section 6(1) of such Act, of which not to ex-
ceed— under the Jabara-Heyer NO HATE Act (34
(2) $234,000,000 for the State Criminal Alien U.S.C. 30507); and
Assistance Program, as authorized by sec- (A) $8,000,000 is for a program to improve
State, local, and Tribal probation or parole (22) $120,000,000 for initiatives to improve
tion 241(I)(5) of the Immigration and Nation- police-community relations, of which
ality Act (8 U.S.C. 1231(I)(5)): Provided, That supervision efforts and strategies;
(B) $5,000,000 is for children of incarcerated $35,000,000 is for a competitive matching
no jurisdiction shall request compensation
parents demonstration programs to enhance grant program for purchases of body-worn
for any cost greater than the actual cost for
and maintain parental and family relation- cameras for State, local, and Tribal law en-
Federal immigration and other detainees
ships for incarcerated parents as a reentry or forcement; $35,000,000 is for a justice rein-
housed in State and local detention facili-
recidivism reduction strategy; vestment initiative, for activities related to
ties;
(C) $5,000,000 is for additional replication criminal justice reform and recidivism re-
(3) $95,000,000 for victim services programs
sites employing the Project HOPE Oppor- duction; and $50,000,000 is for a community
for victims of trafficking, as authorized by
tunity Probation with Enforcement model violence intervention and prevention initia-
section 107(b)(2) of the Victims of Trafficking
implementing swift and certain sanctions in tive:
Act, by the TVPRA of 2005, or programs au-
probation, of which no less than $500,000 shall Provided, That, if a unit of local government
thorized under Public Law 113–4;
be used for a project that provides training, uses any of the funds made available under
(4) $13,000,000 for a grant program to pre-
technical assistance, and best practices; and this heading to increase the number of law
vent and address economic, high technology,
(D) $10,000,000 is for a grant program for enforcement officers, the unit of local gov-
white collar, and Internet crime, including
crisis stabilization and community reentry, ernment will achieve a net gain in the num-
as authorized by section 401 of Public Law
as authorized by the Crisis Stabilization and ber of law enforcement officers who perform
110–403, of which not less than $2,500,000 is for
Community Reentry Act of 2020 (Public Law non-administrative public sector safety serv-
intellectual property enforcement grants in-
116–281): ice: Provided further, That in the spending
cluding as authorized by section 401, and
$2,000,000 is for grants to develop databases Provided, That up to $7,500,000 of funds made plan submitted pursuant to section 528 of
on Internet of Things device capabilities and available in this paragraph may be used for this Act, the Office of Justice Programs shall
to build and execute training modules for performance-based awards for Pay for Suc- specifically and explicitly identify all
law enforcement; cess projects, of which up to $5,000,000 shall changes in the administration of competitive
(5) $20,000,000 for sex offender management be for Pay for Success programs imple- grant programs for fiscal year 2023, including
assistance, as authorized by the Adam Walsh menting the Permanent Supportive Housing changes to applicant eligibility, priority
Act, and related activities; Model and reentry housing; areas or weightings, and the application re-
(6) $30,000,000 for the Patrick Leahy Bullet- (15) $445,000,000 for comprehensive opioid view process.
proof Vest Partnership Grant Program, as use reduction activities, including as author- JUVENILE JUSTICE PROGRAMS
authorized by section 2501 of title I of the ized by CARA, and for the following pro- For grants, contracts, cooperative agree-
1968 Act: Provided, That $1,500,000 shall be grams, which shall address opioid, stimulant, ments, and other assistance authorized by
transferred directly to the National Institute and substance use disorders consistent with the Juvenile Justice and Delinquency Pre-
of Standards and Technology’s Office of Law underlying program authorities, of which— vention Act of 1974 (‘‘the 1974 Act’’); the Om-
Enforcement Standards for research, testing, (A) $95,000,000 is for Drug Courts, as au- nibus Crime Control and Safe Streets Act of
and evaluation programs; thorized by section 1001(a)(25)(A) of title I of 1968 (‘‘the 1968 Act’’); the Violence Against
(7) $1,000,000 for the National Sex Offender the 1968 Act; Women and Department of Justice Reauthor-
Public Website; (B) $45,000,000 is for mental health courts ization Act of 2005 (Public Law 109–162) (‘‘the
(8) $95,000,000 for grants to States to up- and adult and juvenile collaboration pro- 2005 Act’’); the Missing Children’s Assistance
grade criminal and mental health records for gram grants, as authorized by parts V and Act (34 U.S.C. 11291 et seq.); the PROTECT
the National Instant Criminal Background HH of title I of the 1968 Act, and the Men- Act (Public Law 108–21); the Victims of Child
Check System, of which no less than tally Ill Offender Treatment and Crime Re- Abuse Act of 1990 (Public Law 101–647) (‘‘the
$25,000,000 shall be for grants made under the duction Reauthorization and Improvement 1990 Act’’); the Adam Walsh Child Protection
authorities of the NICS Improvement Act of 2008 (Public Law 110–416); and Safety Act of 2006 (Public Law 109–248)
Amendments Act of 2007 (Public Law 110–180) (C) $45,000,000 is for grants for Residential (‘‘the Adam Walsh Act’’); the PROTECT Our
and Fix NICS Act of 2018; Substance Abuse Treatment for State Pris- Children Act of 2008 (Public Law 110–401); the
(9) $35,000,000 for Paul Coverdell Forensic oners, as authorized by part S of title I of the Violence Against Women Reauthorization
Sciences Improvement Grants under part BB 1968 Act; Act of 2013 (Public Law 113–4) (‘‘the 2013
of title I of the 1968 Act; (D) $35,000,000 is for a veterans treatment Act’’); the Justice for All Reauthorization
dlhill on DSK120RN23PROD with SENATE
(10) $170,000,000 for DNA-related and foren- courts program; Act of 2016 (Public Law 114–324); the Missing
sic programs and activities, of which— (E) $35,000,000 is for a program to monitor Children’s Assistance Act of 2018 (Public Law
(A) $130,000,000 is for the purposes author- prescription drugs and scheduled listed 115–267); the Juvenile Justice Reform Act of
ized under section 2 of the DNA Analysis chemical products; and 2018 (Public Law 115–385); the Victims of
Backlog Elimination Act of 2000 (Public Law (F) $190,000,000 is for a comprehensive Crime Act of 1984 (chapter XIV of title II of
106–546) (the Debbie Smith DNA Backlog opioid, stimulant, and substance use disorder Public Law 98–473) (‘‘the 1984 Act’’); the Com-
Grant Program): Provided, That up to 4 per- program; prehensive Addiction and Recovery Act of
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7351
2016 (Public Law 114–198); and other juvenile able for obligation or expenditure except in lawful distribution of prescription opioids, or
justice programs, $400,000,000, to remain compliance with the procedures set forth in unlawful heroin and prescription opioid traf-
available until expended as follows— that section. fickers through statewide collaboration;
(1) $75,000,000 for programs authorized by COMMUNITY ORIENTED POLICING SERVICES (5) $53,000,000 is for competitive grants to
section 221 of the 1974 Act, and for training COMMUNITY ORIENTED POLICING SERVICES be administered by the Community Oriented
and technical assistance to assist small, non- PROGRAMS Policing Services Office for purposes author-
profit organizations with the Federal grants (INCLUDING TRANSFER OF FUNDS)
ized under the STOP School Violence Act
process: Provided, That of the amounts pro- (title V of division S of Public Law 115–141);
vided under this paragraph, $500,000 shall be For activities authorized by the Violent
(6) $45,000,000 is for community policing de-
Crime Control and Law Enforcement Act of
for a competitive demonstration grant pro- velopment activities in furtherance of sec-
1994 (Public Law 103–322); the Omnibus Crime
gram to support emergency planning among tion 1701 of title I of the 1968 Act (34 U.S.C.
Control and Safe Streets Act of 1968 (‘‘the
State, local, and Tribal juvenile justice resi- 10381); and
1968 Act’’); the Violence Against Women and
dential facilities; (7) $177,880,000 is for a law enforcement
Department of Justice Reauthorization Act
(2) $107,000,000 for youth mentoring grants; technologies and interoperable communica-
of 2005 (Public Law 109–162) (‘‘the 2005 Act’’);
(3) $65,000,000 for delinquency prevention, the American Law Enforcement Heroes Act tions program, and related law enforcement
of which, pursuant to sections 261 and 262 of of 2017 (Public Law 115–37); the Law Enforce- and public safety equipment, which shall be
the 1974 Act— ment Mental Health and Wellness Act (Pub- used for the projects, and in the amounts,
(A) $5,000,000 shall be for grants to prevent lic Law 115–113) (‘‘the LEMHW Act’’); the specified under the heading, ‘‘Community
trafficking of girls; SUPPORT for Patients and Communities Oriented Policing Services, Technology and
(B) $17,000,000 shall be for the Tribal Youth Act (Public Law 115–271); and the Supporting Equipment Community Projects/ COPS Law
Program; and Treating Officers In Crisis Act of 2019 Enforcement Technology and Equipment’’,
(C) $500,000 shall be for an Internet site (Public Law 116–32) (‘‘the STOIC Act’’), in the explanatory statement described in
providing information and resources on chil- $662,880,000, to remain available until ex- section 4 (in the matter preceding division A
dren of incarcerated parents; pended: Provided, That any balances made of this consolidated Act): Provided, That such
(D) $5,500,000 shall be for competitive available through prior year deobligations amounts may not be transferred for any
grants focusing on girls in the juvenile jus- shall only be available in accordance with other purpose: Provided further, That grants
tice system; section 505 of this Act: Provided further, That funded by such amounts shall not be subject
(E) $12,500,000 shall be for an initiative re- of the amount provided under this heading— to section 1703 of title I of the 1968 Act (34
lating to youth affected by opioids, stimu- (1) $324,000,000 is for grants under section U.S.C. 10383).
lants, and substance use disorder; 1701 of title I of the 1968 Act (34 U.S.C. 10381) GENERAL PROVISIONS—DEPARTMENT OF
(F) $10,000,000 shall be for an initiative re- for the hiring and rehiring of additional ca- JUSTICE
lating to children exposed to violence; and reer law enforcement officers under part Q of (INCLUDING TRANSFER OF FUNDS)
(G) $2,000,000 shall be for grants to protect such title notwithstanding subsection (i) of SEC. 201. In addition to amounts otherwise
vulnerable and at-risk youth; such section: Provided, That, notwith- made available in this title for official recep-
(4) $41,000,000 for programs authorized by standing section 1704(c) of such title (34 tion and representation expenses, a total of
the Victims of Child Abuse Act of 1990; U.S.C. 10384(c)), funding for hiring or rehir- not to exceed $50,000 from funds appropriated
(5) $105,000,000 for missing and exploited ing a career law enforcement officer may not to the Department of Justice in this title
children programs, including as authorized exceed $125,000 unless the Director of the Of- shall be available to the Attorney General
by sections 404(b) and 405(a) of the 1974 Act fice of Community Oriented Policing Serv- for official reception and representation ex-
(except that section 102(b)(4)(B) of the PRO- ices grants a waiver from this limitation: penses.
TECT Our Children Act of 2008 (Public Law Provided further, That of the amounts appro- SEC. 202. None of the funds appropriated by
110–401) shall not apply for purposes of this priated under this paragraph, $34,000,000 is this title shall be available to pay for an
Act); for improving Tribal law enforcement, in- abortion, except where the life of the mother
(6) $4,500,000 for child abuse training pro- cluding hiring, equipment, training, anti- would be endangered if the fetus were carried
grams for judicial personnel and practi- methamphetamine activities, and anti- to term, or in the case of rape or incest: Pro-
tioners, as authorized by section 222 of the opioid activities: Provided further, That of vided, That should this prohibition be de-
1990 Act; and the amounts appropriated under this para- clared unconstitutional by a court of com-
(7) $2,500,000 for a program to improve juve- graph, $44,000,000 is for regional information petent jurisdiction, this section shall be null
nile indigent defense: sharing activities, as authorized by part M of and void.
Provided, That not more than 10 percent of title I of the 1968 Act, which shall be trans- SEC. 203. None of the funds appropriated
each amount may be used for research, eval- ferred to and merged with ‘‘Research, Eval- under this title shall be used to require any
uation, and statistics activities designed to uation, and Statistics’’ for administration by person to perform, or facilitate in any way
benefit the programs or activities author- the Office of Justice Programs: Provided fur- the performance of, any abortion.
ized: Provided further, That not more than 2 SEC. 204. Nothing in the preceding section
ther, That of the amounts appropriated under
percent of the amounts designated under shall remove the obligation of the Director
this paragraph, no less than $4,000,000 is to
paragraphs (1) through (3) and (6) may be of the Bureau of Prisons to provide escort
support the Tribal Access Program: Provided
used for training and technical assistance: services necessary for a female inmate to re-
further, That of the amounts appropriated
Provided further, That the two preceding pro- ceive such service outside the Federal facil-
under this paragraph, $10,000,000 is for train-
visos shall not apply to grants and projects ity: Provided, That nothing in this section in
ing, peer mentoring, mental health program
administered pursuant to sections 261 and 262 any way diminishes the effect of section 203
activities, and other support services as au- intended to address the philosophical beliefs
of the 1974 Act and to missing and exploited
thorized under the LEMHW Act and the of individual employees of the Bureau of
children programs.
STOIC Act: Provided further, That of the Prisons.
PUBLIC SAFETY OFFICER BENEFITS amounts appropriated under this paragraph, SEC. 205. Not to exceed 5 percent of any ap-
(INCLUDING TRANSFER OF FUNDS) $7,500,000 is for the collaborative reform propriation made available for the current
For payments and expenses authorized model of technical assistance in furtherance fiscal year for the Department of Justice in
under section 1001(a)(4) of title I of the Omni- of section 1701 of title I of the 1968 Act (34 this Act may be transferred between such ap-
bus Crime Control and Safe Streets Act of U.S.C. 10381); propriations, but no such appropriation, ex-
1968, such sums as are necessary (including (2) $12,000,000 is for activities authorized by cept as otherwise specifically provided, shall
amounts for administrative costs), to remain the POLICE Act of 2016 (Public Law 114–199); be increased by more than 10 percent by any
available until expended; and $34,800,000 for (3) $16,000,000 is for competitive grants to such transfers: Provided, That any transfer
payments authorized by section 1201(b) of State law enforcement agencies in States pursuant to this section shall be treated as a
such Act and for educational assistance au- with high seizures of precursor chemicals, reprogramming of funds under section 505 of
thorized by section 1218 of such Act, to re- finished methamphetamine, laboratories, this Act and shall not be available for obliga-
main available until expended: Provided, and laboratory dump seizures: Provided, That tion except in compliance with the proce-
That notwithstanding section 205 of this Act, funds appropriated under this paragraph dures set forth in that section: Provided fur-
upon a determination by the Attorney Gen- shall be utilized for investigative purposes to ther, That this section shall not apply to the
eral that emergent circumstances require locate or investigate illicit activities, in- following—
additional funding for such disability and cluding precursor diversion, laboratories, or (1) paragraph 1(Q) under the heading
education payments, the Attorney General methamphetamine traffickers; ‘‘State and Local Law Enforcement Assist-
may transfer such amounts to ‘‘Public Safe- (4) $35,000,000 is for competitive grants to ance’’; and
dlhill on DSK120RN23PROD with SENATE
ty Officer Benefits’’ from available appro- statewide law enforcement agencies in (2) paragraph (7) under the heading ‘‘Com-
priations for the Department of Justice as States with high rates of primary treatment munity Oriented Policing Services Pro-
may be necessary to respond to such cir- admissions for heroin and other opioids: Pro- grams’’.
cumstances: Provided further, That any vided, That these funds shall be utilized for SEC. 206. None of the funds made available
transfer pursuant to the preceding proviso investigative purposes to locate or inves- under this title may be used by the Federal
shall be treated as a reprogramming under tigate illicit activities, including activities Bureau of Prisons or the United States Mar-
section 505 of this Act and shall not be avail- related to the distribution of heroin or un- shals Service for the purpose of transporting
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S7352 CONGRESSIONAL RECORD — SENATE December 19, 2022
an individual who is a prisoner pursuant to This section shall not apply to paragraph SEC. 219. Section 3201 of Public Law 101–647,
conviction for crime under State or Federal 1(Q) under the heading ‘‘State and Local Law as amended (28 U.S.C. 509 note), is hereby
law and is classified as a maximum or high Enforcement Assistance’’. amended: (1) by striking ‘‘or the Immigra-
security prisoner, other than to a prison or SEC. 213. Upon request by a grantee for tion and Naturalization Service’’ and insert-
other facility certified by the Federal Bu- whom the Attorney General has determined ing ‘‘the Federal Prison System, the Bureau
reau of Prisons as appropriately secure for there is a fiscal hardship, the Attorney Gen- of Alcohol, Tobacco, Firearms and Explo-
housing such a prisoner. eral may, with respect to funds appropriated sives, or the United States Marshals Serv-
SEC. 207. (a) None of the funds appropriated in this or any other Act making appropria- ice’’; and (2) by striking ‘‘$25,000’’ and insert-
by this Act may be used by Federal prisons tions for fiscal years 2020 through 2023 for the ing ‘‘$50,000’’.
to purchase cable television services, or to following programs, waive the following re- SEC. 220. None of the funds made available
rent or purchase audiovisual or electronic quirements: under this Act may be used to conduct, con-
media or equipment used primarily for rec- (1) For the adult and juvenile offender tract for, or otherwise support, live tissue
reational purposes. State and local reentry demonstration training, unless the Attorney General issues
(b) Subsection (a) does not preclude the projects under part FF of title I of the Omni- a written, non-delegable determination that
rental, maintenance, or purchase of audio- bus Crime Control and Safe Streets Act of such training is medically necessary and
visual or electronic media or equipment for 1968 (34 U.S.C. 10631 et seq.), the require- cannot be replicated by alternatives.
inmate training, religious, or educational ments under section 2976(g)(1) of such part SEC. 221. (a) DESIGNATION.—The facilities of
programs. (34 U.S.C. 10631(g)(1)). the Federal Bureau of Investigation at Red-
SEC. 208. None of the funds made available (2) For grants to protect inmates and safe- stone Arsenal, Alabama, shall be known and
under this title shall be obligated or ex- guard communities as authorized by section designated as the ‘‘Richard Shelby Center for
pended for any new or enhanced information 6 of the Prison Rape Elimination Act of 2003 Innovation and Advanced Training’’.
technology program having total estimated (34 U.S.C. 30305(c)(3)), the requirements of (b) REFERENCES.—Any reference in a law,
development costs in excess of $100,000,000, section 6(c)(3) of such Act. map, regulation, document, paper, or other
SEC. 214. Notwithstanding any other provi- record of the United States to the facilities
unless the Deputy Attorney General and the
sion of law, section 20109(a) of subtitle A of of the Federal Bureau of Investigation at
investment review board certify to the Com-
title II of the Violent Crime Control and Law Redstone Arsenal referred to in subsection
mittees on Appropriations of the House of Enforcement Act of 1994 (34 U.S.C. 12109(a))
Representatives and the Senate that the in- (a) shall be deemed to be a reference to the
shall not apply to amounts made available ‘‘Richard Shelby Center for Innovation and
formation technology program has appro- by this or any other Act.
priate program management controls and Advanced Training’’.
SEC. 215. None of the funds made available This title may be cited as the ‘‘Department
contractor oversight mechanisms in place, under this Act, other than for the national of Justice Appropriations Act, 2023’’.
and that the program is compatible with the instant criminal background check system
enterprise architecture of the Department of TITLE III
established under section 103 of the Brady
Justice. SCIENCE
Handgun Violence Prevention Act (34 U.S.C.
SEC. 209. The notification thresholds and 40901), may be used by a Federal law enforce- OFFICE OF SCIENCE AND TECHNOLOGY POLICY
procedures set forth in section 505 of this Act ment officer to facilitate the transfer of an For necessary expenses of the Office of
shall apply to deviations from the amounts operable firearm to an individual if the Fed- Science and Technology Policy, in carrying
designated for specific activities in this Act eral law enforcement officer knows or sus- out the purposes of the National Science and
and in the explanatory statement described pects that the individual is an agent of a Technology Policy, Organization, and Prior-
in section 4 (in the matter preceding division drug cartel, unless law enforcement per- ities Act of 1976 (42 U.S.C. 6601 et seq.), hire
A of this consolidated Act), and to any use of sonnel of the United States continuously of passenger motor vehicles, and services as
deobligated balances of funds provided under monitor or control the firearm at all times. authorized by section 3109 of title 5, United
this title in previous years. SEC. 216. (a) None of the income retained in States Code, not to exceed $2,250 for official
SEC. 210. None of the funds appropriated by the Department of Justice Working Capital reception and representation expenses, and
this Act may be used to plan for, begin, con- Fund pursuant to title I of Public Law 102– rental of conference rooms in the District of
tinue, finish, process, or approve a public- 140 (105 Stat. 784; 28 U.S.C. 527 note) shall be Columbia, $7,965,000.
private competition under the Office of Man- available for obligation during fiscal year NATIONAL SPACE COUNCIL
agement and Budget Circular A–76 or any 2023, except up to $12,000,000 may be obli- For necessary expenses of the National
successor administrative regulation, direc- gated for implementation of a unified De- Space Council, in carrying out the purposes
tive, or policy for work performed by em- partment of Justice financial management of title V of Public Law 100–685 and Execu-
ployees of the Bureau of Prisons or of Fed- system. tive Order No. 13803, hire of passenger motor
eral Prison Industries, Incorporated. (b) Not to exceed $30,000,000 of the unobli-
vehicles, and services as authorized by sec-
SEC. 211. Notwithstanding any other provi- gated balances transferred to the capital ac-
tion 3109 of title 5, United States Code, not
sion of law, no funds shall be available for count of the Department of Justice Working
to exceed $2,250 for official reception and rep-
the salary, benefits, or expenses of any Capital Fund pursuant to title I of Public
Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) resentation expenses, $1,965,000: Provided,
United States Attorney assigned dual or ad- That notwithstanding any other provision of
ditional responsibilities by the Attorney shall be available for obligation in fiscal
year 2023, and any use, obligation, transfer, law, the National Space Council may accept
General or his designee that exempt that personnel support from Federal agencies, de-
United States Attorney from the residency or allocation of such funds shall be treated
as a reprogramming of funds under section partments, and offices, and such Federal
requirements of section 545 of title 28, United agencies, departments, and offices may de-
States Code. 505 of this Act.
(c) Not to exceed $10,000,000 of the excess tail staff without reimbursement to the Na-
SEC. 212. At the discretion of the Attorney tional Space Council for purposes provided
unobligated balances available under section
General, and in addition to any amounts herein.
524(c)(8)(E) of title 28, United States Code,
that otherwise may be available (or author- NATIONAL AERONAUTICS AND SPACE
shall be available for obligation during fiscal
ized to be made available) by law, with re- ADMINISTRATION
year 2023, and any use, obligation, transfer or
spect to funds appropriated by this title
allocation of such funds shall be treated as a SCIENCE
under the headings ‘‘Research, Evaluation
reprogramming of funds under section 505 of For necessary expenses, not otherwise pro-
and Statistics’’, ‘‘State and Local Law En- this Act.
forcement Assistance’’, and ‘‘Juvenile Jus- vided for, in the conduct and support of
SEC. 217. Discretionary funds that are made science research and development activities,
tice Programs’’— available in this Act for the Office of Justice
(1) up to 2 percent of funds made available including research, development, operations,
Programs may be used to participate in Per- support, and services; maintenance and re-
to the Office of Justice Programs for grant formance Partnership Pilots authorized
or reimbursement programs may be used by pair, facility planning and design; space
under such authorities as have been enacted flight, spacecraft control, and communica-
such Office to provide training and technical for Performance Partnership Pilots in appro-
assistance; and tions activities; program management; per-
priations acts in prior fiscal years and the
(2) up to 2 percent of funds made available sonnel and related costs, including uniforms
current fiscal year.
for grant or reimbursement programs under SEC. 218. The Attorney General shall sub- or allowances therefor, as authorized by sec-
such headings, except for amounts appro- mit to the Committees on Appropriations of tions 5901 and 5902 of title 5, United States
priated specifically for research, evaluation, the House of Representatives and the Senate Code; travel expenses; purchase and hire of
or statistical programs administered by the quarterly reports on the Crime Victims passenger motor vehicles; and purchase,
National Institute of Justice and the Bureau Fund, the Working Capital Fund, the Three lease, charter, maintenance, and operation of
dlhill on DSK120RN23PROD with SENATE
of Justice Statistics, shall be transferred to Percent Fund, and the Asset Forfeiture mission and administrative aircraft,
and merged with funds provided to the Na- Fund. Such quarterly reports shall contain $7,795,000,000, to remain available until Sep-
tional Institute of Justice and the Bureau of at least the same level of information and tember 30, 2024.
Justice Statistics, to be used by them for re- detail for each Fund as was provided to the AERONAUTICS
search, evaluation, or statistical purposes, Committees on Appropriations of the House For necessary expenses, not otherwise pro-
without regard to the authorizations for of Representatives and the Senate in fiscal vided for, in the conduct and support of aero-
such grant or reimbursement programs. year 2022. nautics research and development activities,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7353
including research, development, operations, a second mobile launch platform: Provided Departments of Veterans Affairs and Hous-
support, and services; maintenance and re- further, That the National Aeronautics and ing and Urban Development, and Inde-
pair, facility planning and design; space Space Administration shall provide to the pendent Agencies Appropriations Act, 1995
flight, spacecraft control, and communica- Committees on Appropriations of the House (Public Law 103–327) up to $1,000,000 shall be
tions activities; program management; per- of Representatives and the Senate, concur- available from amounts made available
sonnel and related costs, including uniforms rent with the annual budget submission, a 5- under this heading to make such grant dis-
or allowances therefor, as authorized by sec- year budget profile for an integrated system bursements: Provided further, That of the
tions 5901 and 5902 of title 5, United States that includes the SLS, the Orion Multi-Pur- amounts appropriated under this heading,
Code; travel expenses; purchase and hire of pose Crew Vehicle, and associated ground $30,701,000 shall be used for the projects, and
passenger motor vehicles; and purchase, systems that will ensure a crewed launch as in the amounts, specified in the table under
lease, charter, maintenance, and operation of early as possible, as well as a system-based the heading ‘‘NASA Community Projects/
mission and administrative aircraft, funding profile for a sustained launch ca- NASA Special Projects’’ in the explanatory
$935,000,000, to remain available until Sep- dence that contemplates the use of an SLS statement described in section 4 (in the mat-
tember 30, 2024. Block 1B cargo variant with an 8.4 meter ter preceding division A of this consolidated
SPACE TECHNOLOGY fairing and associated ground systems: Pro- Act): Provided further, That the amounts
For necessary expenses, not otherwise pro- vided further, That $2,600,300,000 shall be for made available for the projects referenced in
vided for, in the conduct and support of Artemis Campaign Development. the preceding proviso may not be transferred
space technology research and development SPACE OPERATIONS
for any other purpose.
activities, including research, development, CONSTRUCTION AND ENVIRONMENTAL
For necessary expenses, not otherwise pro-
operations, support, and services; mainte- COMPLIANCE AND RESTORATION
vided for, in the conduct and support of
nance and repair, facility planning and de- space operations research and development For necessary expenses for construction of
sign; space flight, spacecraft control, and activities, including research, development, facilities including repair, rehabilitation, re-
communications activities; program man- operations, support and services; space vitalization, and modification of facilities,
agement; personnel and related costs, includ- flight, spacecraft control, and communica- construction of new facilities and additions
ing uniforms or allowances therefor, as au- tions activities, including operations, pro- to existing facilities, facility planning and
thorized by sections 5901 and 5902 of title 5, duction, and services; maintenance and re- design, and restoration, and acquisition or
United States Code; travel expenses; pur- pair, facility planning and design; program condemnation of real property, as authorized
chase and hire of passenger motor vehicles; management; personnel and related costs, in- by law, and environmental compliance and
and purchase, lease, charter, maintenance, cluding uniforms or allowances therefor, as restoration, $47,300,000, to remain available
and operation of mission and administrative until September 30, 2028: Provided, That pro-
authorized by sections 5901 and 5902 of title 5,
aircraft, $1,200,000,000, to remain available ceeds from leases deposited into this account
United States Code; travel expenses; pur-
until September 30, 2024: Provided, That shall be available for a period of 5 years to
chase and hire of passenger motor vehicles;
$227,000,000 shall be for On-orbit Servicing, the extent and in amounts as provided in an-
and purchase, lease, charter, maintenance,
Assembly, and Manufacturing 1: Provided fur- nual appropriations Acts: Provided further,
and operation of mission and administrative
ther, That $110,000,000 shall be for the devel- That such proceeds referred to in the pre-
aircraft, $4,250,000,000, to remain available
opment, production, and demonstration of a ceding proviso shall be available for obliga-
until September 30, 2024.
nuclear thermal propulsion system, of which tion for fiscal year 2023 in an amount not to
not less than $45,000,000 shall be for reactor SCIENCE, TECHNOLOGY, ENGINEERING, AND exceed $25,000,000: Provided further, That each
development, not less than $45,000,000 shall MATHEMATICS ENGAGEMENT annual budget request shall include an an-
be for fuel materials development, and not For necessary expenses, not otherwise pro- nual estimate of gross receipts and collec-
less than $20,000,000 shall be for non-nuclear vided for, in the conduct and support of aero- tions and proposed use of all funds collected
systems development and acquisition plan- space and aeronautical education research pursuant to section 20145 of title 51, United
ning: Provided further, That, not later than and development activities, including re- States Code.
180 days after the enactment of this Act, the search, development, operations, support, OFFICE OF INSPECTOR GENERAL
National Aeronautics and Space Administra- and services; program management; per- For necessary expenses of the Office of In-
tion shall provide a plan for the design of a sonnel and related costs, including uniforms spector General in carrying out the Inspec-
flight demonstration. or allowances therefor, as authorized by sec- tor General Act of 1978, $47,600,000, of which
EXPLORATION tions 5901 and 5902 of title 5, United States $500,000 shall remain available until Sep-
For necessary expenses, not otherwise pro- Code; travel expenses; purchase and hire of tember 30, 2024.
vided for, in the conduct and support of passenger motor vehicles; and purchase, ADMINISTRATIVE PROVISIONS
Artemis Campaign Development activities, lease, charter, maintenance, and operation of
(INCLUDING TRANSFERS OF FUNDS)
including research, development, operations, mission and administrative aircraft,
$143,500,000, to remain available until Sep- Funds for any announced prize otherwise
support, and services; maintenance and re- authorized shall remain available, without
pair, facility planning and design; space tember 30, 2024, of which $26,000,000 shall be
for the Established Program to Stimulate fiscal year limitation, until a prize is
flight, spacecraft control, and communica- claimed or the offer is withdrawn.
tions activities; program management; per- Competitive Research and $58,000,000 shall be
Not to exceed 5 percent of any appropria-
sonnel and related costs, including uniforms for the National Space Grant College and
tion made available for the current fiscal
or allowances therefor, as authorized by sec- Fellowship Program.
year for the National Aeronautics and Space
tions 5901 and 5902 of title 5, United States SAFETY, SECURITY AND MISSION SERVICES Administration in this Act may be trans-
Code; travel expenses; purchase and hire of For necessary expenses, not otherwise pro- ferred between such appropriations, but no
passenger motor vehicles; and purchase, vided for, in the conduct and support of such appropriation, except as otherwise spe-
lease, charter, maintenance, and operation of science, aeronautics, space technology, ex- cifically provided, shall be increased by more
mission and administrative aircraft, ploration, space operations and education re- than 10 percent by any such transfers. Any
$7,468,850,000, to remain available until Sep- search and development activities, including funds transferred to ‘‘Construction and Envi-
tember 30, 2024: Provided, That not less than research, development, operations, support, ronmental Compliance and Restoration’’ for
$1,338,700,000 shall be for the Orion Multi- and services; maintenance and repair, facil- construction activities shall not increase
Purpose Crew Vehicle: Provided further, That ity planning and design; space flight, space- that account by more than 50 percent and
not less than $2,600,000,000 shall be for the craft control, and communications activi- any funds transferred to or within ‘‘Explo-
Space Launch System (SLS) launch vehicle, ties; program management; personnel and re- ration’’ for Exploration Ground Systems
which shall have a lift capability not less lated costs, including uniforms or allowances shall not increase Exploration Ground Sys-
than 130 metric tons and which shall have therefor, as authorized by sections 5901 and tems by more than $49,300,000. Balances so
core elements and an Exploration Upper 5902 of title 5, United States Code; travel ex- transferred shall be merged with and avail-
Stage developed simultaneously to be used penses; purchase and hire of passenger motor able for the same purposes and the same
to the maximum extent practicable, includ- vehicles; not to exceed $63,000 for official re- time period as the appropriations to which
ing for Earth to Moon missions and Moon ception and representation expenses; and transferred. Any transfer pursuant to this
landings: Provided further, That of the purchase, lease, charter, maintenance, and provision shall be treated as a reprogram-
amounts provided for SLS, not less than operation of mission and administrative air- ming of funds under section 505 of this Act
$600,000,000 shall be for SLS Block 1B devel- craft, $3,129,451,000, to remain available until and shall not be available for obligation ex-
opment including the Exploration Upper September 30, 2024: Provided, That if avail- cept in compliance with the procedures set
Stage and associated systems including re- able balances in the ‘‘Science, Space, and forth in that section.
dlhill on DSK120RN23PROD with SENATE
lated facilitization, to support an SLS Block Technology Education Trust Fund’’ are not Not to exceed 5 percent of any appropria-
1B mission available to launch in 2025 in ad- sufficient to provide for the grant disburse- tion provided for the National Aeronautics
dition to the planned Block 1 missions for ments required under the third and fourth and Space Administration under previous ap-
Artemis I through Artemis III: Provided fur- provisos under such heading in the Depart- propriations Acts that remains available for
ther, That $799,150,000 shall be for Explo- ment of Housing and Urban Development- obligation or expenditure in fiscal year 2023
ration Ground Systems and associated Block Independent Agencies Appropriations Act, may be transferred between such appropria-
1B activities, including up to $281,350,000 for 1989 (Public Law 100–404) as amended by the tions, but no such appropriation, except as
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S7354 CONGRESSIONAL RECORD — SENATE December 19, 2022
otherwise specifically provided, shall be in- until September 30, 2024, of which not to ex- ming of funds under section 505 of this Act
creased by more than 10 percent by any such ceed $640,000,000 shall remain available until and shall not be available for obligation ex-
transfers. Any transfer pursuant to this pro- expended for polar research and operations cept in compliance with the procedures set
vision shall retain its original availability support, and for reimbursement to other forth in that section.
and shall be treated as a reprogramming of Federal agencies for operational and science The Director of the National Science Foun-
funds under section 505 of this Act and shall support and logistical and other related ac- dation (NSF) shall notify the Committees on
not be available for obligation except in tivities for the United States Antarctic pro- Appropriations of the House of Representa-
compliance with the procedures set forth in gram: Provided, That receipts for scientific tives and the Senate at least 30 days in ad-
that section. support services and materials furnished by vance of any planned divestment through
The spending plan required by this Act the National Research Centers and other Na- transfer, decommissioning, termination, or
shall be provided by the National Aero- tional Science Foundation supported re- deconstruction of any NSF-owned facilities
nautics and Space Administration at the search facilities may be credited to this ap- or any NSF capital assets (including land,
theme, program, project, and activity level. propriation. structures, and equipment) valued greater
The spending plan, as well as any subsequent than $2,500,000.
MAJOR RESEARCH EQUIPMENT AND FACILITIES
change of an amount established in that There is hereby established in the Treas-
CONSTRUCTION
spending plan that meets the notification re- ury of the United States a fund to be known
For necessary expenses for the acquisition, as the ‘‘National Science Foundation Non-
quirements of section 505 of this Act, shall be
construction, commissioning, and upgrading recurring Expenses Fund’’ (the Fund). Unob-
treated as a reprogramming under section
of major research equipment, facilities, and ligated balances of expired discretionary
505 of this Act and shall not be available for
other such capital assets pursuant to the Na- funds appropriated for this or any succeeding
obligation or expenditure except in compli-
tional Science Foundation Act of 1950 (42 fiscal year from the General Fund of the
ance with the procedures set forth in that
U.S.C. 1861 et seq.), including authorized Treasury to the National Science Founda-
section.
Not more than 20 percent or $50,000,000, travel, $187,230,000, to remain available until tion by this or any other Act may be trans-
whichever is less, of the amounts made avail- expended. ferred (not later than the end of the fifth fis-
able in the current-year Construction and STEM EDUCATION cal year after the last fiscal year for which
Environmental Compliance and Restoration such funds are available for the purposes for
For necessary expenses in carrying out
(CECR) appropriation may be applied to which appropriated) into the Fund. Amounts
science, mathematics, and engineering edu-
CECR projects funded under previous years’ deposited in the Fund shall be available until
cation and human resources programs and
CECR appropriations. Use of current-year expended, and in addition to such other
activities pursuant to the National Science
funds under this provision shall be treated as funds as may be available for such purposes,
Foundation Act of 1950 (42 U.S.C. 1861 et
a reprogramming of funds under section 505 for information and business technology sys-
seq.), including services as authorized by sec-
of this act and shall not be available for obli- tem modernization and facilities infrastruc-
tion 3109 of title 5, United States Code, au- ture improvements, including nonrecurring
gation except in compliance with the proce- thorized travel, and rental of conference maintenance, necessary for the operation of
dures set forth in that section. rooms in the District of Columbia,
Of the amounts made available in this Act the Foundation or its funded research facili-
$1,154,000,000, to remain available until Sep- ties, subject to approval by the Office of
under the heading ‘‘Science, Technology, En- tember 30, 2024.
gineering, and Mathematics Engagement’’ Management and Budget. Amounts in the
AGENCY OPERATIONS AND AWARD MANAGEMENT Fund may be obligated only after the Com-
(‘‘STEM Engagement’’), up to $5,000,000 shall
For agency operations and award manage- mittees on Appropriations of the House of
be available to jointly fund, with an addi-
ment necessary in carrying out the National Representatives and the Senate are notified
tional amount of up to $1,000,000 each from
Science Foundation Act of 1950 (42 U.S.C. at least 15 days in advance of the planned use
amounts made available in this Act under
1861 et seq.); services authorized by section of funds.
the headings ‘‘Science’’, ‘‘Aeronautics’’, This title may be cited as the ‘‘Science Ap-
‘‘Space Technology’’, ‘‘Exploration’’, and 3109 of title 5, United States Code; hire of
passenger motor vehicles; uniforms or allow- propriations Act, 2023’’.
‘‘Space Operations’’, projects and activities
ances therefor, as authorized by sections 5901 TITLE IV
for engaging students in STEM and increas-
ing STEM research capacities of univer- and 5902 of title 5, United States Code; rental RELATED AGENCIES
sities, including Minority Serving Institu- of conference rooms in the District of Co- COMMISSION ON CIVIL RIGHTS
tions. lumbia; and reimbursement of the Depart- SALARIES AND EXPENSES
Section 30102(b) of title 51, United States ment of Homeland Security for security
For necessary expenses of the Commission
Code, is amended by: guard services; $448,000,000: Provided, That on Civil Rights, including hire of passenger
(1) Redesignating existing paragraph (3) to not to exceed $8,280 is for official reception motor vehicles, $14,350,000: Provided, That
(4); and and representation expenses: Provided fur- none of the funds appropriated in this para-
(2) Inserting, after paragraph (2), the fol- ther, That contracts may be entered into graph may be used to employ any individuals
lowing: under this heading in fiscal year 2023 for under Schedule C of subpart C of part 213 of
‘‘(3) INFORMATION TECHNOLOGY (IT) MOD- maintenance and operation of facilities and title 5 of the Code of Federal Regulations ex-
ERNIZATION.—The fund shall also be available for other services to be provided during the clusive of one special assistant for each Com-
for the purpose of funding IT Modernization next fiscal year. missioner: Provided further, That none of the
activities, as described in section OFFICE OF THE NATIONAL SCIENCE BOARD funds appropriated in this paragraph shall be
1077(b)(3)(A)–(E) of Public Law 115–91, on a For necessary expenses (including payment used to reimburse Commissioners for more
non-reimbursable basis.’’. of salaries, authorized travel, hire of pas- than 75 billable days, with the exception of
Not to exceed $18,162,000 made available for senger motor vehicles, the rental of con- the chairperson, who is permitted 125 billable
the current fiscal year in this Act within ference rooms in the District of Columbia, days: Provided further, That the Chair may
‘‘Safety, Security and Mission Services’’ and the employment of experts and consult- accept and use any gift or donation to carry
may be transferred to the Working Capital ants under section 3109 of title 5, United out the work of the Commission: Provided
Fund of the National Aeronautics and Space States Code) involved in carrying out section further, That none of the funds appropriated
Administration. Balances so transferred 4 of the National Science Foundation Act of in this paragraph shall be used for any activ-
shall be available until expended only for ac- 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 ity or expense that is not explicitly author-
tivities described in section 30102(b)(3) of U.S.C. 1880 et seq.), $5,090,000: Provided, That ized by section 3 of the Civil Rights Commis-
title 51, United States Code, as amended by not to exceed $2,500 shall be available for of- sion Act of 1983 (42 U.S.C. 1975a): Provided
this Act, and shall remain available until ex- ficial reception and representation expenses. further, That notwithstanding the preceding
pended. Any transfer pursuant to this provi- proviso, $2,000,000 shall be used to separately
OFFICE OF INSPECTOR GENERAL
sion shall be treated as a reprogramming of fund the Commission on the Social Status of
funds under section 505 of this Act and shall For necessary expenses of the Office of In- Black Men and Boys.
not be available for obligation except in spector General as authorized by the Inspec-
EQUAL EMPLOYMENT OPPORTUNITY
compliance with the procedures set forth in tor General Act of 1978, $23,393,000, of which
COMMISSION
that section. $400,000 shall remain available until Sep-
SALARIES AND EXPENSES
NATIONAL SCIENCE FOUNDATION tember 30, 2024.
For necessary expenses of the Equal Em-
RESEARCH AND RELATED ACTIVITIES ADMINISTRATIVE PROVISIONS
ployment Opportunity Commission as au-
For necessary expenses in carrying out the (INCLUDING TRANSFERS OF FUNDS) thorized by title VII of the Civil Rights Act
National Science Foundation Act of 1950 (42 Not to exceed 5 percent of any appropria- of 1964, the Age Discrimination in Employ-
dlhill on DSK120RN23PROD with SENATE
U.S.C. 1861 et seq.), and Public Law 86–209 (42 tion made available for the current fiscal ment Act of 1967, the Equal Pay Act of 1963,
U.S.C. 1880 et seq.); services as authorized by year for the National Science Foundation in the Americans with Disabilities Act of 1990,
section 3109 of title 5, United States Code; this Act may be transferred between such ap- section 501 of the Rehabilitation Act of 1973,
maintenance and operation of aircraft and propriations, but no such appropriation shall the Civil Rights Act of 1991, the Genetic In-
purchase of flight services for research sup- be increased by more than 10 percent by any formation Nondiscrimination Act (GINA) of
port; acquisition of aircraft; and authorized such transfers. Any transfer pursuant to this 2008 (Public Law 110–233), the ADA Amend-
travel; $7,021,136,000, to remain available paragraph shall be treated as a reprogram- ments Act of 2008 (Public Law 110–325), and
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7355
the Lilly Ledbetter Fair Pay Act of 2009 OFFICE OF THE UNITED STATES TRADE grams, or activities; (6) contracts out or
(Public Law 111–2), including services as au- REPRESENTATIVE privatizes any functions or activities pres-
thorized by section 3109 of title 5, United SALARIES AND EXPENSES ently performed by Federal employees; (7)
States Code; hire of passenger motor vehi- augments existing programs, projects, or ac-
For necessary expenses of the Office of the
cles as authorized by section 1343(b) of title tivities in excess of $500,000 or 10 percent,
United States Trade Representative, includ-
31, United States Code; nonmonetary awards whichever is less, or reduces by 10 percent
to private citizens; and up to $31,500,000 for ing the hire of passenger motor vehicles and
funding for any program, project, or activ-
payments to State and local enforcement the employment of experts and consultants
ity, or numbers of personnel by 10 percent; or
agencies for authorized services to the Com- as authorized by section 3109 of title 5,
(8) results from any general savings, includ-
mission, $455,000,000: Provided, That the Com- United States Code, $61,000,000, of which
ing savings from a reduction in personnel,
mission is authorized to make available for $1,000,000 shall remain available until ex-
which would result in a change in existing
official reception and representation ex- pended: Provided, That of the total amount
programs, projects, or activities as approved
penses not to exceed $2,250 from available made available under this heading, not to ex-
by Congress; unless the House and Senate
funds: Provided further, That the Commission ceed $124,000 shall be available for official re-
Committees on Appropriations are notified
may take no action to implement any work- ception and representation expenses.
15 days in advance of such reprogramming of
force repositioning, restructuring, or reorga- TRADE ENFORCEMENT TRUST FUND funds.
nization until such time as the Committees (INCLUDING TRANSFER OF FUNDS) SEC. 506. (a) If it has been finally deter-
on Appropriations of the House of Represent- mined by a court or Federal agency that any
For activities of the United States Trade
atives and the Senate have been notified of person intentionally affixed a label bearing a
Representative authorized by section 611 of
such proposals, in accordance with the re- ‘‘Made in America’’ inscription, or any in-
the Trade Facilitation and Trade Enforce-
programming requirements of section 505 of scription with the same meaning, to any
ment Act of 2015 (19 U.S.C. 4405), including
this Act: Provided further, That the Chair product sold in or shipped to the United
transfers, $15,000,000, to be derived from the
may accept and use any gift or donation to States that is not made in the United States,
Trade Enforcement Trust Fund: Provided,
carry out the work of the Commission. the person shall be ineligible to receive any
That any transfer pursuant to subsection
INTERNATIONAL TRADE COMMISSION (d)(1) of such section shall be treated as a re- contract or subcontract made with funds
SALARIES AND EXPENSES programming under section 505 of this Act. made available in this Act, pursuant to the
For necessary expenses of the Inter- debarment, suspension, and ineligibility pro-
STATE JUSTICE INSTITUTE cedures described in sections 9.400 through
national Trade Commission, including hire
of passenger motor vehicles and services as SALARIES AND EXPENSES 9.409 of title 48, Code of Federal Regulations.
authorized by section 3109 of title 5, United For necessary expenses of the State Jus- (b)(1) To the extent practicable, with re-
States Code, and not to exceed $2,250 for offi- tice Institute, as authorized by the State spect to authorized purchases of promotional
cial reception and representation expenses, Justice Institute Act of 1984 (42 U.S.C. 10701 items, funds made available by this Act shall
$122,400,000, to remain available until ex- et seq.) $7,640,000, of which $500,000 shall re- be used to purchase items that are manufac-
pended. main available until September 30, 2024: Pro- tured, produced, or assembled in the United
vided, That not to exceed $2,250 shall be States, its territories or possessions.
LEGAL SERVICES CORPORATION (2) The term ‘‘promotional items’’ has the
PAYMENT TO THE LEGAL SERVICES
available for official reception and represen-
tation expenses: Provided further, That, for meaning given the term in OMB Circular A–
CORPORATION 87, Attachment B, Item (1)(f)(3).
the purposes of section 505 of this Act, the
For payment to the Legal Services Cor- SEC. 507. (a) The Departments of Commerce
State Justice Institute shall be considered
poration to carry out the purposes of the and Justice, the National Science Founda-
an agency of the United States Government.
Legal Services Corporation Act of 1974, tion, and the National Aeronautics and
$560,000,000, of which $516,100,000 is for basic TITLE V Space Administration shall provide to the
field programs and required independent au- GENERAL PROVISIONS Committees on Appropriations of the House
dits; $5,700,000 is for the Office of Inspector (INCLUDING RESCISSIONS) of Representatives and the Senate a quar-
General, of which such amounts as may be terly report on the status of balances of ap-
(INCLUDING TRANSFER OF FUNDS)
necessary may be used to conduct additional propriations at the account level. For unob-
audits of recipients; $26,200,000 is for manage- SEC. 501. No part of any appropriation con- ligated, uncommitted balances and unobli-
ment and grants oversight; $5,000,000 is for tained in this Act shall be used for publicity gated, committed balances the quarterly re-
client self-help and information technology; or propaganda purposes not authorized by ports shall separately identify the amounts
$5,000,000 is for a Pro Bono Innovation Fund; the Congress. attributable to each source year of appro-
and $2,000,000 is for loan repayment assist- SEC. 502. No part of any appropriation con- priation from which the balances were de-
ance: Provided, That the Legal Services Cor- tained in this Act shall remain available for rived. For balances that are obligated, but
poration may continue to provide locality obligation beyond the current fiscal year un- unexpended, the quarterly reports shall sepa-
pay to officers and employees at a rate no less expressly so provided herein. rately identify amounts by the year of obli-
greater than that provided by the Federal SEC. 503. The expenditure of any appropria- gation.
Government to Washington, DC-based em- tion under this Act for any consulting serv- (b) The report described in subsection (a)
ployees as authorized by section 5304 of title ice through procurement contract, pursuant shall be submitted within 30 days of the end
5, United States Code, notwithstanding sec- to section 3109 of title 5, United States Code, of each quarter.
tion 1005(d) of the Legal Services Corpora- shall be limited to those contracts where (c) If a department or agency is unable to
tion Act (42 U.S.C. 2996d(d)): Provided further, such expenditures are a matter of public fulfill any aspect of a reporting requirement
That the authorities provided in section 205 record and available for public inspection, described in subsection (a) due to a limita-
of this Act shall be applicable to the Legal except where otherwise provided under exist- tion of a current accounting system, the de-
Services Corporation: Provided further, That, ing law, or under existing Executive order partment or agency shall fulfill such aspect
for the purposes of section 505 of this Act, issued pursuant to existing law. to the maximum extent practicable under
the Legal Services Corporation shall be con- SEC. 504. If any provision of this Act or the such accounting system and shall identify
sidered an agency of the United States Gov- application of such provision to any person and describe in each quarterly report the ex-
ernment. or circumstances shall be held invalid, the tent to which such aspect is not fulfilled.
ADMINISTRATIVE PROVISION—LEGAL SERVICES
remainder of the Act and the application of SEC. 508. Any costs incurred by a depart-
CORPORATION
each provision to persons or circumstances ment or agency funded under this Act result-
other than those as to which it is held in- ing from, or to prevent, personnel actions
None of the funds appropriated in this Act
valid shall not be affected thereby. taken in response to funding reductions in-
to the Legal Services Corporation shall be
SEC. 505. None of the funds provided under cluded in this Act shall be absorbed within
expended for any purpose prohibited or lim-
this Act, or provided under previous appro- the total budgetary resources available to
ited by, or contrary to any of the provisions
priations Acts to the agencies funded by this such department or agency: Provided, That
of, sections 501, 502, 503, 504, 505, and 506 of
Act that remain available for obligation or the authority to transfer funds between ap-
Public Law 105–119, and all funds appro-
expenditure in fiscal year 2023, or provided propriations accounts as may be necessary
priated in this Act to the Legal Services Cor-
from any accounts in the Treasury of the to carry out this section is provided in addi-
poration shall be subject to the same terms
United States derived by the collection of tion to authorities included elsewhere in this
and conditions set forth in such sections, ex-
fees available to the agencies funded by this Act: Provided further, That use of funds to
cept that all references in sections 502 and
Act, shall be available for obligation or ex- carry out this section shall be treated as a
503 to 1997 and 1998 shall be deemed to refer
penditure through a reprogramming of funds reprogramming of funds under section 505 of
instead to 2022 and 2023, respectively.
dlhill on DSK120RN23PROD with SENATE
that: (1) creates or initiates a new program, this Act and shall not be available for obliga-
MARINE MAMMAL COMMISSION project, or activity; (2) eliminates a pro- tion or expenditure except in compliance
SALARIES AND EXPENSES gram, project, or activity; (3) increases funds with the procedures set forth in that section:
For necessary expenses of the Marine or personnel by any means for any project or Provided further, That for the Department of
Mammal Commission as authorized by title activity for which funds have been denied or Commerce, this section shall also apply to
II of the Marine Mammal Protection Act of restricted; (4) relocates an office or employ- actions taken for the care and protection of
1972 (16 U.S.C. 1361 et seq.), $4,500,000. ees; (5) reorganizes or renames offices, pro- loan collateral or grant property.
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S7356 CONGRESSIONAL RECORD — SENATE December 19, 2022
SEC. 509. None of the funds provided by this days after the date on which the Director of cial Privacy Act of 1978; The Electronic Com-
Act shall be available to promote the sale or the Office of Management and Budget, in munications Privacy Act of 1986; The Fair
export of tobacco or tobacco products, or to consultation with the Director of the Office Credit Reporting Act; The National Security
seek the reduction or removal by any foreign of Government Ethics, determines that a Act of 1947; USA PATRIOT Act; USA FREE-
country of restrictions on the marketing of uniform set of rules and requirements, sub- DOM Act of 2015; and the laws amended by
tobacco or tobacco products, except for re- stantially similar to the requirements in these Acts.
strictions which are not applied equally to such subsections, consistently apply under SEC. 518. If at any time during any quarter,
all tobacco or tobacco products of the same the executive branch ethics program to all the program manager of a project within the
type. Federal departments, agencies, and entities. jurisdiction of the Departments of Com-
SEC. 510. Notwithstanding any other provi- SEC. 514. (a) None of the funds appropriated merce or Justice, the National Aeronautics
sion of law, amounts deposited or available or otherwise made available under this Act and Space Administration, or the National
in the Fund established by section 1402 of may be used by the Departments of Com- Science Foundation totaling more than
chapter XIV of title II of Public Law 98–473 merce and Justice, the National Aeronautics $75,000,000 has reasonable cause to believe
(34 U.S.C. 20101) in any fiscal year in excess and Space Administration, or the National that the total program cost has increased by
of $1,900,000,000 shall not be available for ob- Science Foundation to acquire a high-impact 10 percent or more, the program manager
ligation until the following fiscal year: Pro- or moderate-impact information system, as shall immediately inform the respective Sec-
vided, That notwithstanding section 1402(d) defined for security categorization in the Na- retary, Administrator, or Director. The Sec-
of such Act, of the amounts available from tional Institute of Standards and Tech- retary, Administrator, or Director shall no-
the Fund for obligation: (1) $10,000,000 shall nology’s (NIST) Federal Information Proc- tify the House and Senate Committees on
be transferred to the Department of Justice essing Standard Publication 199, ‘‘Standards Appropriations within 30 days in writing of
Office of Inspector General and remain avail- for Security Categorization of Federal Infor- such increase, and shall include in such no-
able until expended for oversight and audit- mation and Information Systems’’ unless the tice: the date on which such determination
ing purposes associated with this section; agency has— was made; a statement of the reasons for
and (2) 5 percent shall be available to the Of- (1) reviewed the supply chain risk for the such increases; the action taken and pro-
fice for Victims of Crime for grants, con- information systems against criteria devel- posed to be taken to control future cost
sistent with the requirements of the Victims oped by NIST and the Federal Bureau of In- growth of the project; changes made in the
of Crime Act, to Indian Tribes to improve vestigation (FBI) to inform acquisition deci- performance or schedule milestones and the
services for victims of crime. sions for high-impact and moderate-impact degree to which such changes have contrib-
SEC. 511. None of the funds made available information systems within the Federal Gov- uted to the increase in total program costs
to the Department of Justice in this Act ernment; or procurement costs; new estimates of the
may be used to discriminate against or deni- (2) reviewed the supply chain risk from the total project or procurement costs; and a
grate the religious or moral beliefs of stu- presumptive awardee against available and statement validating that the project’s man-
dents who participate in programs for which relevant threat information provided by the agement structure is adequate to control
financial assistance is provided from those FBI and other appropriate agencies; and total project or procurement costs.
funds, or of the parents or legal guardians of (3) in consultation with the FBI or other SEC. 519. Funds appropriated by this Act,
such students. appropriate Federal entity, conducted an as- or made available by the transfer of funds in
SEC. 512. None of the funds made available sessment of any risk of cyber-espionage or this Act, for intelligence or intelligence re-
in this Act may be transferred to any depart- sabotage associated with the acquisition of lated activities are deemed to be specifically
ment, agency, or instrumentality of the such system, including any risk associated authorized by the Congress for purposes of
United States Government, except pursuant with such system being produced, manufac- section 504 of the National Security Act of
to a transfer made by, or transfer authority tured, or assembled by one or more entities 1947 (50 U.S.C. 3094) during fiscal year 2023
provided in, this Act or any other appropria- identified by the United States Government until the enactment of the Intelligence Au-
tions Act. as posing a cyber threat, including but not thorization Act for fiscal year 2023.
SEC. 513. (a) The Inspectors General of the SEC. 520. None of the funds appropriated or
limited to, those that may be owned, di-
Department of Commerce, the Department otherwise made available by this Act may be
rected, or subsidized by the People’s Repub-
of Justice, the National Aeronautics and used to enter into a contract in an amount
lic of China, the Islamic Republic of Iran, the
Space Administration, the National Science greater than $5,000,000 or to award a grant in
Democratic People’s Republic of Korea, or
Foundation, and the Legal Services Corpora- excess of such amount unless the prospective
the Russian Federation.
tion shall conduct audits, pursuant to the In- (b) None of the funds appropriated or oth- contractor or grantee certifies in writing to
spector General Act (5 U.S.C. App.), of grants erwise made available under this Act may be the agency awarding the contract or grant
or contracts for which funds are appro- used to acquire a high-impact or moderate- that, to the best of its knowledge and belief,
priated by this Act, and shall submit reports impact information system reviewed and as- the contractor or grantee has filed all Fed-
to Congress on the progress of such audits, sessed under subsection (a) unless the head eral tax returns required during the three
which may include preliminary findings and of the assessing entity described in sub- years preceding the certification, has not
a description of areas of particular interest, section (a) has— been convicted of a criminal offense under
within 180 days after initiating such an audit (1) developed, in consultation with NIST, the Internal Revenue Code of 1986, and has
and every 180 days thereafter until any such the FBI, and supply chain risk management not, more than 90 days prior to certification,
audit is completed. experts, a mitigation strategy for any identi- been notified of any unpaid Federal tax as-
(b) Within 60 days after the date on which fied risks; sessment for which the liability remains
an audit described in subsection (a) by an In- (2) determined, in consultation with NIST unsatisfied, unless the assessment is the sub-
spector General is completed, the Secretary, and the FBI, that the acquisition of such sys- ject of an installment agreement or offer in
Attorney General, Administrator, Director, tem is in the national interest of the United compromise that has been approved by the
or President, as appropriate, shall make the States; and Internal Revenue Service and is not in de-
results of the audit available to the public on (3) reported that determination to the fault, or the assessment is the subject of a
the Internet website maintained by the De- Committees on Appropriations of the House non-frivolous administrative or judicial pro-
partment, Administration, Foundation, or of Representatives and the Senate and the ceeding.
Corporation, respectively. The results shall agency Inspector General. (RESCISSIONS)
be made available in redacted form to ex- SEC. 515. None of the funds made available SEC. 521. (a) Of the unobligated balances in
clude— in this Act shall be used in any way whatso- the ‘‘Nonrecurring Expenses Fund’’ estab-
(1) any matter described in section 552(b) of ever to support or justify the use of torture lished in section 111(a) of division B of Public
title 5, United States Code; and by any official or contract employee of the Law 116–93, $50,000,000 are hereby perma-
(2) sensitive personal information for any United States Government. nently rescinded not later than September
individual, the public access to which could SEC. 516. None of the funds made available 30, 2023.
be used to commit identity theft or for other in this Act may be used to include in any (b) Of the unobligated balances from prior
inappropriate or unlawful purposes. new bilateral or multilateral trade agree- year appropriations available to the Depart-
(c) Any person awarded a grant or contract ment the text of— ment of Commerce under the heading ‘‘Eco-
funded by amounts appropriated by this Act (1) paragraph 2 of article 16.7 of the United nomic Development Administration, Eco-
shall submit a statement to the Secretary of States–Singapore Free Trade Agreement; nomic Development Assistance Programs’’,
Commerce, the Attorney General, the Ad- (2) paragraph 4 of article 17.9 of the United $10,000,000 are hereby permanently rescinded,
ministrator, Director, or President, as appro- States–Australia Free Trade Agreement; or not later than September 30, 2023.
priate, certifying that no funds derived from (3) paragraph 4 of article 15.9 of the United (c) Of the unobligated balances from prior
dlhill on DSK120RN23PROD with SENATE
the grant or contract will be made available States–Morocco Free Trade Agreement. year appropriations available to the Depart-
through a subcontract or in any other man- SEC. 517. None of the funds made available ment of Justice, the following funds are
ner to another person who has a financial in- in this Act may be used to authorize or issue hereby permanently rescinded, not later
terest in the person awarded the grant or a national security letter in contravention of than September 30, 2023, from the following
contract. any of the following laws authorizing the accounts in the specified amounts—
(d) The provisions of the preceding sub- Federal Bureau of Investigation to issue na- (1) ‘‘State and Local Law Enforcement Ac-
sections of this section shall take effect 30 tional security letters: The Right to Finan- tivities, Office on Violence Against Women,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7357
Violence Against Women Prevention and (3) Identification of undisbursed balances priated or otherwise made available by this
Prosecution Programs’’, $15,000,000; in expired grant accounts that may be re- Act may be used to pay award or incentive
(2) ‘‘State and Local Law Enforcement Ac- turned to the Treasury of the United States. fees for contractor performance that has
tivities, Office of Justice Programs’’, (4) In the preceding 3 fiscal years, details been judged to be below satisfactory per-
$75,000,000; and on the total number of expired grant ac- formance or for performance that does not
(3) ‘‘State and Local Law Enforcement Ac- counts with undisbursed balances (on the meet the basic requirements of a contract.
tivities, Community Oriented Policing Serv- first day of each fiscal year) for the depart- SEC. 530. None of the funds made available
ices’’, $15,000,000. ment, agency, or instrumentality and the by this Act may be used in contravention of
(d) Of the unobligated balances available total finances that have not been obligated section 7606 (‘‘Legitimacy of Industrial Hemp
to the Department of Justice, the following to a specific project remaining in the ac- Research’’) of the Agricultural Act of 2014
funds are hereby permanently rescinded, not counts. (Public Law 113–79) by the Department of
later than September 30, 2023, from the fol- SEC. 525. To the extent practicable, funds Justice or the Drug Enforcement Adminis-
lowing accounts in the specified amounts— made available in this Act should be used to tration.
purchase light bulbs that are ‘‘Energy Star’’ SEC. 531. None of the funds made available
(1) ‘‘Working Capital Fund’’, $705,768,000;
qualified or have the ‘‘Federal Energy Man- under this Act to the Department of Justice
and may be used, with respect to any of the
(2) ‘‘Legal Activities, Assets Forfeiture agement Program’’ designation.
SEC. 526. (a) None of the funds made avail- States of Alabama, Alaska, Arizona, Arkan-
Fund’’, $500,000,000. sas, California, Colorado, Connecticut, Dela-
(e) The Departments of Commerce and Jus- able by this Act may be used for the Na-
tional Aeronautics and Space Administra- ware, Florida, Georgia, Hawaii, Illinois, Indi-
tice shall submit to the Committees on Ap- ana, Iowa, Kentucky, Louisiana, Maine,
propriations of the House of Representatives tion (NASA), the Office of Science and Tech-
nology Policy (OSTP), or the National Space Maryland, Massachusetts, Michigan, Min-
and the Senate a report no later than Sep- nesota, Mississippi, Missouri, Montana, Ne-
tember 1, 2023, specifying the amount of each Council (NSC) to develop, design, plan, pro-
vada, New Hampshire, New Jersey, New Mex-
rescission made pursuant to subsections (a), mulgate, implement, or execute a bilateral
ico, New York, North Carolina, North Da-
(b), (c) and (d). policy, program, order, or contract of any
kota, Ohio, Oklahoma, Oregon, Pennsyl-
(f) The amounts rescinded in subsections kind to participate, collaborate, or coordi-
vania, Rhode Island, South Carolina, South
(a), (b), (c) and (d) shall not be from amounts nate bilaterally in any way with China or
Dakota, Tennessee, Texas, Utah, Vermont,
that were designated by the Congress as an any Chinese-owned company unless such ac-
Virginia, Washington, West Virginia, Wis-
emergency or disaster relief requirement tivities are specifically authorized by a law
consin, and Wyoming, or with respect to the
pursuant to the concurrent resolution on the enacted after the date of enactment of this
District of Columbia, the Commonwealth of
budget or the Balanced Budget and Emer- Act.
the Northern Mariana Islands, the United
gency Deficit Control Act of 1985. (b) None of the funds made available by
States Virgin Islands, Guam, or Puerto Rico,
(g) The amounts rescinded pursuant to sub- this Act may be used to effectuate the
to prevent any of them from implementing
sections (c) and (d) shall not be from— hosting of official Chinese visitors at facili-
their own laws that authorize the use, dis-
(1) amounts provided under subparagraph ties belonging to or utilized by NASA.
(c) The limitations described in sub- tribution, possession, or cultivation of med-
(Q) of paragraph (1) under the heading ‘‘State ical marijuana.
sections (a) and (b) shall not apply to activi-
and Local Law Enforcement Activities—Of- SEC. 532. The Department of Commerce,
ties which NASA, OSTP, or NSC, after con-
fice of Justice Programs—State and Local the National Aeronautics and Space Admin-
sultation with the Federal Bureau of Inves-
Law Enforcement Assistance’’ in title II of istration, and the National Science Founda-
tigation, have certified— tion shall provide a quarterly report to the
division B of Public Law 117–103; or
(1) pose no risk of resulting in the transfer Committees on Appropriations of the House
(2) amounts provided under paragraph (7)
of technology, data, or other information of Representatives and the Senate on any of-
under the heading ‘‘State and Local Law En-
with national security or economic security ficial travel to China by any employee of
forcement Activities—Community Oriented
implications to China or a Chinese-owned such Department or agency, including the
Policing Services—Community Oriented Po-
company; and purpose of such travel.
licing Services Programs’’ in title II of divi-
(2) will not involve knowing interactions SEC. 533. Of the amounts made available by
sion B of Public Law 117–103.
with officials who have been determined by this Act, not less than 10 percent of each
SEC. 522. None of the funds made available
the United States to have direct involvement total amount provided, respectively, for Pub-
in this Act may be used to purchase first
with violations of human rights. lic Works grants authorized by the Public
class or premium airline travel in contraven- (d) Any certification made under sub-
tion of sections 301–10.122 through 301–10.124 Works and Economic Development Act of
section (c) shall be submitted to the Com- 1965 and grants authorized by section 27 of
of title 41 of the Code of Federal Regulations. mittees on Appropriations of the House of
SEC. 523. None of the funds made available the Stevenson-Wydler Technology Innova-
Representatives and the Senate, and the tion Act of 1980 (15 U.S.C. 3722) shall be allo-
in this Act may be used to send or otherwise Federal Bureau of Investigation, no later
pay for the attendance of more than 50 em- cated for assistance in persistent poverty
than 30 days prior to the activity in question counties: Provided, That for purposes of this
ployees from a Federal department or agen- and shall include a description of the purpose
cy, who are stationed in the United States, section, the term ‘‘persistent poverty coun-
of the activity, its agenda, its major partici- ties’’ means any county that has had 20 per-
at any single conference occurring outside pants, and its location and timing. cent or more of its population living in pov-
the United States unless— SEC. 527. (a) None of the funds made avail- erty over the past 30 years, as measured by
(1) such conference is a law enforcement able in this Act may be used to maintain or the 1993 Small Area Income and Poverty Es-
training or operational conference for law establish a computer network unless such timates, the 2000 decennial census, and the
enforcement personnel and the majority of network blocks the viewing, downloading, most recent Small Area Income and Poverty
Federal employees in attendance are law en- and exchanging of pornography. Estimates, or any Territory or possession of
forcement personnel stationed outside the (b) Nothing in subsection (a) shall limit the United States.
United States; or the use of funds necessary for any Federal, SEC. 534. (a) Notwithstanding any other
(2) such conference is a scientific con- State, Tribal, or local law enforcement agen- provision of law or treaty, none of the funds
ference and the department or agency head cy or any other entity carrying out criminal appropriated or otherwise made available
determines that such attendance is in the investigations, prosecution, adjudication, or under this Act or any other Act may be ex-
national interest and notifies the Commit- other law enforcement- or victim assistance- pended or obligated by a department, agen-
tees on Appropriations of the House of Rep- related activity. cy, or instrumentality of the United States
resentatives and the Senate within at least SEC. 528. The Departments of Commerce to pay administrative expenses or to com-
15 days of that determination and the basis and Justice, the National Aeronautics and pensate an officer or employee of the United
for that determination. Space Administration, the National Science States in connection with requiring an ex-
SEC. 524. The Director of the Office of Man- Foundation, the Commission on Civil Rights, port license for the export to Canada of com-
agement and Budget shall instruct any de- the Equal Employment Opportunity Com- ponents, parts, accessories or attachments
partment, agency, or instrumentality of the mission, the International Trade Commis- for firearms listed in Category I, section
United States receiving funds appropriated sion, the Legal Services Corporation, the 121.1 of title 22, Code of Federal Regulations
under this Act to track undisbursed balances Marine Mammal Commission, the Offices of (International Trafficking in Arms Regula-
in expired grant accounts and include in its Science and Technology Policy and the tions (ITAR), part 121, as it existed on April
annual performance plan and performance United States Trade Representative, the Na- 1, 2005) with a total value not exceeding $500
and accountability reports the following: tional Space Council, and the State Justice wholesale in any transaction, provided that
(1) Details on future action the depart- Institute shall submit spending plans, signed the conditions of subsection (b) of this sec-
dlhill on DSK120RN23PROD with SENATE
ment, agency, or instrumentality will take by the respective department or agency tion are met by the exporting party for such
to resolve undisbursed balances in expired head, to the Committees on Appropriations articles.
grant accounts. of the House of Representatives and the Sen- (b) The foregoing exemption from obtain-
(2) The method that the department, agen- ate not later than 45 days after the date of ing an export license—
cy, or instrumentality uses to track enactment of this Act. (1) does not exempt an exporter from filing
undisbursed balances in expired grant ac- SEC. 529. Notwithstanding any other provi- any Shipper’s Export Declaration or notifi-
counts. sion of this Act, none of the funds appro- cation letter required by law, or from being
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S7358 CONGRESSIONAL RECORD — SENATE December 19, 2022
otherwise eligible under the laws of the SEC. 539. (a) None of the funds appropriated SEC. 541. Funds made available to the De-
United States to possess, ship, transport, or or otherwise made available in this or any partment of Commerce and under the head-
export the articles enumerated in subsection other Act may be used to construct, acquire, ing ‘‘Department of Justice—Federal Bureau
(a); and or modify any facility in the United States, of Investigation—Salaries and Expenses’’ in
(2) does not permit the export without a li- its territories, or possessions to house any this Act and any remaining unobligated bal-
cense of— individual described in subsection (c) for the ances of funds made available to the Depart-
(A) fully automatic firearms and compo- purposes of detention or imprisonment in the ment of Commerce and under the heading
nents and parts for such firearms, other than custody or under the effective control of the ‘‘Department of Justice—Federal Bureau of
for end use by the Federal Government, or a Department of Defense. Investigation—Salaries and Expenses’’ in
Provincial or Municipal Government of Can- (b) The prohibition in subsection (a) shall prior year Acts, other than amounts des-
ada; not apply to any modification of facilities at ignated by the Congress as being for an
(B) barrels, cylinders, receivers (frames) or United States Naval Station, Guantanamo emergency requirement pursuant to a con-
complete breech mechanisms for any firearm Bay, Cuba. current resolution on the budget or the Bal-
listed in Category I, other than for end use (c) An individual described in this sub- anced Budget and Emergency Deficit Control
by the Federal Government, or a Provincial section is any individual who, as of June 24, Act of 1985, shall be available to provide pay-
or Municipal Government of Canada; or 2009, is located at United States Naval Sta- ments pursuant to section 901(i)(2) of title IX
(C) articles for export from Canada to an- tion, Guantanamo Bay, Cuba, and who— of division J of the Further Consolidated Ap-
other foreign destination. (1) is not a citizen of the United States or propriations Act, 2020 (22 U.S.C. 2680b(i)(2)):
(c) In accordance with this section, the a member of the Armed Forces of the United Provided, That payments made pursuant to
District Directors of Customs and post- States; and the matter preceding this proviso may not
masters shall permit the permanent or tem- (2) is— exceed $5,000,000 for the Department of Com-
porary export without a license of any un- (A) in the custody or under the effective merce and $5,000,000 for the Federal Bureau
classified articles specified in subsection (a) control of the Department of Defense; or of Investigation.
to Canada for end use in Canada or return to (B) otherwise under detention at United SEC. 542. (a) None of the funds in this Act
the United States, or temporary import of States Naval Station, Guantanamo Bay, may be used for design or construction of the
Canadian-origin items from Canada for end Cuba. Mobile Launcher 2 until 30 days after the Ad-
use in the United States or return to Canada SEC. 540. (a) The remaining unobligated ministrator of the National Aeronautics and
for a Canadian citizen. balances of funds as of September 30, 2023, Space Administration (the ‘‘Administrator’’)
(d) The President may require export li- from amounts made available to ‘‘Office of submits a plan to the Committees on Appro-
censes under this section on a temporary the United States Trade Representative— priations of the House of Representatives
basis if the President determines, upon pub- Salaries and Expenses’’ in title IX of the and the Senate (the ‘‘Committees’’), the Gov-
lication first in the Federal Register, that United States-Mexico-Canada Agreement ernment Accountability Office, and the Of-
the Government of Canada has implemented Implementation Act (Public Law 116–113), fice of Inspector General of the National Aer-
or maintained inadequate import controls are hereby rescinded, and an amount of addi- onautics and Space Administration detailing
for the articles specified in subsection (a), tional new budget authority equivalent to a cost and schedule baseline for the Mobile
such that a significant diversion of such arti- the amount rescinded pursuant to this sub- Launcher 2. Such plan shall include each of
cles has and continues to take place for use section is hereby appropriated on September the requirements described in subsection
in international terrorism or in the esca- 30, 2023, for an additional amount for fiscal (c)(2) of section 30104 of title 51, United
lation of a conflict in another nation. The year 2023, to remain available until Sep- States Code, as well as an estimated date for
President shall terminate the requirements tember 30, 2024, and shall be available for the completion of design and construction of the
of a license when reasons for the temporary same purposes, in addition to other funds as Mobile Launcher 2.
requirements have ceased. may be available for such purposes, and (b) Not later than 90 days after the submis-
SEC. 535. Notwithstanding any other provi- under the same authorities for which the sion of the plan described in subsection (a),
sion of law, no department, agency, or in- funds were originally provided in Public Law and every 90 days thereafter, the Adminis-
strumentality of the United States receiving
116–113, except that all references to ‘‘2023’’ trator shall report to the Committees, the
appropriated funds under this Act or any
under such heading in Public Law 116–113 Government Accountability Office, and the
other Act shall obligate or expend in any
shall be deemed to refer instead to ‘‘2024’’. Office of Inspector General of the National
way such funds to pay administrative ex- (b) The remaining unobligated balances of Aeronautics and Space Administration on
penses or the compensation of any officer or
funds as of September 30, 2023, from amounts steps taken to implement such plan.
employee of the United States to deny any
made available to ‘‘Office of the United SEC. 543. (a)(1) Within 45 days of enactment
application submitted pursuant to 22 U.S.C.
States Trade Representative—Trade En- of this Act, the Secretary of Commerce shall
2778(b)(1)(B) and qualified pursuant to 27 CFR
forcement Trust Fund’’ in title IX of the allocate amounts made available from the
section 478.112 or .113, for a permit to import
United States origin ‘‘curios or relics’’ fire- United States-Mexico-Canada Agreement Creating Helpful Incentives to Produce
arms, parts, or ammunition. Implementation Act (Public Law 116–113), Semiconductors (CHIPS) for America Fund
SEC. 536. None of the funds made available are hereby rescinded, and an amount of addi- for fiscal year 2023 pursuant to paragraphs
by this Act may be used to pay the salaries tional new budget authority equivalent to (1) and (2) of section 102(a) of the CHIPS Act
or expenses of personnel to deny, or fail to the amount rescinded pursuant to this sub- of 2022 (division A of Public Law 117–167), in-
act on, an application for the importation of section is hereby appropriated on September cluding the transfer authority in such para-
any model of shotgun if— 30, 2023, for an additional amount for fiscal graphs of that section of that Act, to the ac-
(1) all other requirements of law with re- year 2023, to remain available until Sep- counts specified, in the amounts specified,
spect to the proposed importation are met; tember 30, 2024, and shall be available for the and for the projects and activities specified,
and same purposes, in addition to other funds as in the table titled ‘‘Department of Com-
(2) no application for the importation of may be available for such purposes, and merce Allocation of National Institute of
such model of shotgun, in the same configu- under the same authorities for which the Standards and Technology Funds: CHIPS
ration, had been denied by the Attorney Gen- funds were originally provided in Public Law Act Fiscal Year 2023’’ in the explanatory
eral prior to January 1, 2011, on the basis 116–113, except that the reference to ‘‘2023’’ statement described in section 4 (in the mat-
that the shotgun was not particularly suit- under such heading in Public Law 116–113 ter preceding division A of this consolidated
able for or readily adaptable to sporting pur- shall be deemed to refer instead to ‘‘2024’’. Act).
poses. (c) The amounts rescinded pursuant to this (2) Within 45 days of enactment of this Act,
SEC. 537. None of the funds made available section that were previously designated by the Secretary of Commerce shall allocate
by this Act may be obligated or expended to the Congress as an emergency requirement amounts made available from the Public
implement the Arms Trade Treaty until the pursuant to section 251(b)(2)(A)(i) of the Bal- Wireless Supply Chain Innovation Fund for
Senate approves a resolution of ratification anced Budget and Emergency Deficit Control fiscal year 2023 pursuant to section 106 of the
for the Treaty. Act of 1985 are designated by the Congress as CHIPS Act of 2022 (division A of Public Law
SEC. 538. None of the funds appropriated or an emergency requirement pursuant to sec- 117–167), including the transfer authority in
otherwise made available in this or any tion 4001(a)(1) of S. Con. Res. 14 (117th Con- section 106(b)(2) of that Act, to the accounts
other Act may be used to transfer, release, gress), the concurrent resolution on the specified, in the amounts specified, and for
or assist in the transfer or release to or with- budget for fiscal year 2022, and section 1(e) of the projects and activities specified, in the
in the United States, its territories, or pos- H. Res. 1151 (117th Congress), as engrossed in table titled ‘‘Department of Commerce Allo-
sessions Khalid Sheikh Mohammed or any the House of Representatives on June 8, 2022. cation of National Telecommunications and
other detainee who— (d) Each amount provided by this section is Information Administration Funds: CHIPS
dlhill on DSK120RN23PROD with SENATE
(1) is not a United States citizen or a mem- designated by the Congress as being for an Act Fiscal Year 2023’’ in the explanatory
ber of the Armed Forces of the United emergency requirement pursuant to section statement described in section 4 (in the mat-
States; and 4001(a)(1) of S. Con. Res. 14 (117th Congress), ter preceding division A of this consolidated
(2) is or was held on or after June 24, 2009, the concurrent resolution on the budget for Act).
at the United States Naval Station, Guanta- fiscal year 2022, and section 1(e) of H. Res. (3) Within 45 days of enactment of this Act,
namo Bay, Cuba, by the Department of De- 1151 (117th Congress), as engrossed in the the Director of the National Science Founda-
fense. House of Representatives on June 8, 2022. tion shall allocate amounts made available
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7359
from the Creating Helpful Incentives to permanent change of station travel (includ- duty, and expenses authorized by section
Produce Semiconductors (CHIPS) for Amer- ing all expenses thereof for organizational 16131 of title 10, United States Code; and for
ica Workforce and Education Fund for fiscal movements), and expenses of temporary duty payments to the Department of Defense Mili-
year 2023 pursuant to section 102(d)(1) of the travel between permanent duty stations, for tary Retirement Fund, $5,212,834,000.
CHIPS Act of 2022 (division A of Public Law members of the Army on active duty (except RESERVE PERSONNEL, NAVY
117–167), to the account specified, in the members of reserve components provided for For pay, allowances, clothing, subsistence,
amounts specified, and for the projects and elsewhere), cadets, and aviation cadets; for gratuities, travel, and related expenses for
activities specified in the table titled ‘‘Na- members of the Reserve Officers’ Training personnel of the Navy Reserve on active duty
tional Science Foundation Allocation of Corps; and for payments pursuant to section under section 10211 of title 10, United States
Funds: CHIPS Act Fiscal Year 2023’’ in the 156 of Public Law 97–377, as amended (42 Code, or while serving on active duty under
explanatory statement described in section 4 U.S.C. 402 note), and to the Department of section 12301(d) of title 10, United States
(in the matter preceding division A of this Defense Military Retirement Fund, Code, in connection with performing duty
consolidated Act). $49,628,305,000.
(b) Neither the President nor his designee specified in section 12310(a) of title 10, United
may allocate any amounts that are made MILITARY PERSONNEL, NAVY States Code, or while undergoing reserve
available for any fiscal year under section For pay, allowances, individual clothing, training, or while performing drills or equiv-
102(a)(2)(A) of the CHIPS Act of 2022 or under subsistence, interest on deposits, gratuities, alent duty, and expenses authorized by sec-
section 102(d)(2) of such Act if there is in ef- permanent change of station travel (includ- tion 16131 of title 10, United States Code; and
fect an Act making or continuing appropria- ing all expenses thereof for organizational for payments to the Department of Defense
tions for part of a fiscal year for the Depart- movements), and expenses of temporary duty Military Retirement Fund, $2,400,831,000.
ments of Commerce and Justice, Science, travel between permanent duty stations, for RESERVE PERSONNEL, MARINE CORPS
and Related Agencies: Provided, That in any members of the Navy on active duty (except For pay, allowances, clothing, subsistence,
fiscal year, the matter preceding this proviso members of the Reserve provided for else- gratuities, travel, and related expenses for
shall not apply to the allocation, apportion- where), midshipmen, and aviation cadets; for personnel of the Marine Corps Reserve on ac-
ment, or allotment of amounts for con- members of the Reserve Officers’ Training tive duty under section 10211 of title 10,
tinuing administration of programs allo- Corps; and for payments pursuant to section United States Code, or while serving on ac-
cated funds from the CHIPS for America 156 of Public Law 97–377, as amended (42 tive duty under section 12301(d) of title 10,
Fund, which may be allocated only in U.S.C. 402 note), and to the Department of United States Code, in connection with per-
amounts that are no more than the alloca- Defense Military Retirement Fund, forming duty specified in section 12310(a) of
tion for such purposes in subsection (a) of $36,706,395,000. title 10, United States Code, or while under-
this section. MILITARY PERSONNEL, MARINE CORPS going reserve training, or while performing
(c) Subject to prior consultation with, and drills or equivalent duty, and for members of
the regular notification procedures of, the For pay, allowances, individual clothing,
the Marine Corps platoon leaders class, and
Committees on Appropriations of the House subsistence, interest on deposits, gratuities,
expenses authorized by section 16131 of title
of Representatives and the Senate, and sub- permanent change of station travel (includ-
10, United States Code; and for payments to
ject to the terms and conditions in section ing all expenses thereof for organizational
the Department of Defense Military Retire-
505 of this Act— movements), and expenses of temporary duty
ment Fund, $826,712,000.
(1) the Secretary of Commerce may reallo- travel between permanent duty stations, for
members of the Marine Corps on active duty RESERVE PERSONNEL, AIR FORCE
cate funds allocated to Industrial Tech-
(except members of the Reserve provided for For pay, allowances, clothing, subsistence,
nology Services for section 9906 of Public
elsewhere); and for payments pursuant to gratuities, travel, and related expenses for
Law 116–283 by subsection (a)(1) of this sec-
section 156 of Public Law 97–377, as amended personnel of the Air Force Reserve on active
tion; and
(42 U.S.C. 402 note), and to the Department of duty under sections 10211, 10305, and 8038 of
(2) the Director of the National Science
Defense Military Retirement Fund, title 10, United States Code, or while serving
Foundation may reallocate funds allocated
$15,050,088,000. on active duty under section 12301(d) of title
to the CHIPS for America Workforce and
10, United States Code, in connection with
Education Fund by subsection (a)(3) of this MILITARY PERSONNEL, AIR FORCE
performing duty specified in section 12310(a)
section. For pay, allowances, individual clothing, of title 10, United States Code, or while un-
(d) Concurrent with the annual budget sub- subsistence, interest on deposits, gratuities, dergoing reserve training, or while per-
mission of the President for fiscal year 2024, permanent change of station travel (includ-
the Secretary of Commerce and the Director forming drills or equivalent duty or other
ing all expenses thereof for organizational duty, and expenses authorized by section
of the National Science Foundation, as ap- movements), and expenses of temporary duty
propriate, shall each submit to the Commit- 16131 of title 10, United States Code; and for
travel between permanent duty stations, for payments to the Department of Defense Mili-
tees on Appropriations of the House of Rep- members of the Air Force on active duty (ex-
resentatives and the Senate proposed alloca- tary Retirement Fund, $2,457,519,000.
cept members of reserve components pro-
tions by account and by program, project, or NATIONAL GUARD PERSONNEL, ARMY
vided for elsewhere), cadets, and aviation ca-
activity, with detailed justifications, for dets; for members of the Reserve Officers’ For pay, allowances, clothing, subsistence,
amounts made available under section Training Corps; and for payments pursuant gratuities, travel, and related expenses for
102(a)(2) and section 102(d)(2) of the CHIPS to section 156 of Public Law 97–377, as personnel of the Army National Guard while
Act of 2022 for fiscal year 2024. amended (42 U.S.C. 402 note), and to the De- on duty under sections 10211, 10302, or 12402 of
(e) The Department of Commerce and the title 10 or section 708 of title 32, United
partment of Defense Military Retirement
National Science Foundation, as appro- States Code, or while serving on duty under
Fund, $35,427,788,000.
priate, shall each provide the Committees on section 12301(d) of title 10 or section 502(f) of
Appropriations of the House of Representa- MILITARY PERSONNEL, SPACE FORCE title 32, United States Code, in connection
tives and Senate quarterly reports on the For pay, allowances, individual clothing, with performing duty specified in section
status of balances of projects and activities subsistence, interest on deposits, gratuities, 12310(a) of title 10, United States Code, or
funded by the CHIPS for America Fund for permanent change of station travel (includ- while undergoing training, or while per-
amounts allocated pursuant to subsection ing all expenses thereof for organizational forming drills or equivalent duty or other
(a)(1) of this section, the status of balances movements), and expenses of temporary duty duty, and expenses authorized by section
of projects and activities funded by the Pub- travel between permanent duty stations, for 16131 of title 10, United States Code; and for
lic Wireless Supply Chain Innovation Fund members of the Space Force on active duty payments to the Department of Defense Mili-
for amounts allocated pursuant to sub- and cadets; for members of the Reserve Offi- tary Retirement Fund, $9,232,554,000.
section (a)(2) of this section, and the status cers’ Training Corps; and for payments pur- NATIONAL GUARD PERSONNEL, AIR FORCE
of balances of projects and activities funded suant to section 156 of Public Law 97–377, as
For pay, allowances, clothing, subsistence,
by the CHIPS for America Workforce and amended (42 U.S.C. 402 note), and to the De-
Education Fund for amounts allocated pur- gratuities, travel, and related expenses for
partment of Defense Military Retirement
suant to subsection (a)(3) of this section, in- personnel of the Air National Guard on duty
Fund, $1,109,400,000.
cluding all uncommitted, committed, and under sections 10211, 10305, or 12402 of title 10
RESERVE PERSONNEL, ARMY or section 708 of title 32, United States Code,
unobligated funds.
This division may be cited as the ‘‘Com- For pay, allowances, clothing, subsistence, or while serving on duty under section
merce, Justice, Science, and Related Agen- gratuities, travel, and related expenses for 12301(d) of title 10 or section 502(f) of title 32,
cies Appropriations Act, 2023’’. personnel of the Army Reserve on active United States Code, in connection with per-
DIVISION C—DEPARTMENT OF DEFENSE duty under sections 10211, 10302, and 7038 of forming duty specified in section 12310(a) of
dlhill on DSK120RN23PROD with SENATE
APPROPRIATIONS ACT, 2023 title 10, United States Code, or while serving title 10, United States Code, or while under-
on active duty under section 12301(d) of title going training, or while performing drills or
TITLE I 10, United States Code, in connection with equivalent duty or other duty, and expenses
MILITARY PERSONNEL performing duty specified in section 12310(a) authorized by section 16131 of title 10, United
MILITARY PERSONNEL, ARMY of title 10, United States Code, or while un- States Code; and for payments to the Depart-
For pay, allowances, individual clothing, dergoing reserve training, or while per- ment of Defense Military Retirement Fund,
subsistence, interest on deposits, gratuities, forming drills or equivalent duty or other $4,913,538,000.
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S7360 CONGRESSIONAL RECORD — SENATE December 19, 2022
TITLE II and evaluation appropriations, to be merged retary determines that such provision of law
OPERATION AND MAINTENANCE with and to be available for the same time would prohibit, restrict, delay or otherwise
period as the appropriations to which trans- limit the provision of such assistance and a
OPERATION AND MAINTENANCE, ARMY
ferred: Provided further, That any ceiling on notice of and justification for such waiver is
For expenses, not otherwise provided for, the investment item unit cost of items that submitted to the congressional defense com-
necessary for the operation and maintenance may be purchased with operation and main- mittees, the Committees on Appropriations
of the Army, as authorized by law, tenance funds shall not apply to the funds and Foreign Relations of the Senate and the
$59,015,977,000: Provided, That not to exceed described in the preceding proviso: Provided Committees on Appropriations and Foreign
$12,478,000 may be used for emergencies and further, That of the funds provided under this Affairs of the House of Representatives: Pro-
extraordinary expenses, to be expended upon heading, $2,467,009,000, of which $1,510,260,000, vided further, That the United States may ac-
the approval or authority of the Secretary of to remain available until September 30, 2024, cept equipment procured using funds pro-
the Army, and payments may be made upon shall be available to provide support and as- vided under this heading, or under the head-
the Secretary’s certificate of necessity for sistance to foreign security forces or other ing, ‘‘Iraq Train and Equip Fund’’ in prior
confidential military purposes. groups or individuals to conduct, support or Acts, that was transferred to security forces,
OPERATION AND MAINTENANCE, NAVY facilitate counterterrorism, crisis response, irregular forces, or groups participating, or
For expenses, not otherwise provided for, or other Department of Defense security co- preparing to participate in activities to
necessary for the operation and maintenance operation programs: Provided further, That counter the Islamic State of Iraq and Syria
of the Navy and the Marine Corps, as author- the Secretary of Defense shall provide quar- and returned by such forces or groups to the
ized by law, $68,260,046,000: Provided, That not terly reports to the Committees on Appro- United States, and such equipment may be
to exceed $15,055,000 may be used for emer- priations of the House of Representatives treated as stocks of the Department of De-
gencies and extraordinary expenses, to be ex- and the Senate on the use and status of funds fense upon written notification to the con-
pended upon the approval or authority of the made available in this paragraph: Provided gressional defense committees: Provided fur-
Secretary of the Navy, and payments may be further, That the transfer authority provided ther, That equipment procured using funds
made upon the Secretary’s certificate of ne- under this heading is in addition to any provided under this heading, or under the
cessity for confidential military purposes. other transfer authority provided elsewhere heading, ‘‘Iraq Train and Equip Fund’’ in
OPERATION AND MAINTENANCE, MARINE CORPS in this Act. prior Acts, and not yet transferred to secu-
COUNTER-ISIS TRAIN AND EQUIP FUND rity forces, irregular forces, or groups par-
For expenses, not otherwise provided for,
For the ‘‘Counter-Islamic State of Iraq and ticipating, or preparing to participate in ac-
necessary for the operation and maintenance
Syria Train and Equip Fund’’, $475,000,000, to tivities to counter the Islamic State of Iraq
of the Marine Corps, as authorized by law,
remain available until September 30, 2024: and Syria may be treated as stocks of the
$9,891,998,000.
Provided, That such funds shall be available Department of Defense when determined by
OPERATION AND MAINTENANCE, AIR FORCE to the Secretary of Defense in coordination the Secretary to no longer be required for
For expenses, not otherwise provided for, with the Secretary of State, to provide as- transfer to such forces or groups and upon
necessary for the operation and maintenance sistance, including training; equipment; lo- written notification to the congressional de-
of the Air Force, as authorized by law, gistics support, supplies, and services; sti- fense committees: Provided further, That the
$60,279,937,000: Provided, That not to exceed pends; infrastructure repair and renovation; Secretary of Defense shall provide quarterly
$7,699,000 may be used for emergencies and construction for facility fortification and reports to the congressional defense commit-
extraordinary expenses, to be expended upon humane treatment; and sustainment, to for- tees on the use of funds provided under this
the approval or authority of the Secretary of eign security forces, irregular forces, groups, heading, including, but not limited to, the
the Air Force, and payments may be made or individuals participating, or preparing to number of individuals trained, the nature
upon the Secretary’s certificate of necessity participate in activities to counter the Is- and scope of support and sustainment pro-
for confidential military purposes. lamic State of Iraq and Syria, and their af- vided to each group or individual, the area of
OPERATION AND MAINTENANCE, SPACE FORCE filiated or associated groups: Provided fur- operations for each group, and the contribu-
ther, That amounts made available under tions of other countries, groups, or individ-
For expenses, not otherwise provided for,
this heading shall be available to provide as- uals.
necessary for the operation and maintenance
of the Space Force, as authorized by law, sistance only for activities in a country des-
OPERATION AND MAINTENANCE, ARMY
$4,086,883,000. ignated by the Secretary of Defense, in co-
RESERVE
ordination with the Secretary of State, as
OPERATION AND MAINTENANCE, DEFENSE-WIDE
having a security mission to counter the Is- For expenses, not otherwise provided for,
(INCLUDING TRANSFER OF FUNDS) lamic State of Iraq and Syria, and following necessary for the operation and mainte-
For expenses, not otherwise provided for, written notification to the congressional de- nance, including training, organization, and
necessary for the operation and maintenance fense committees of such designation: Pro- administration, of the Army Reserve; repair
of activities and agencies of the Department vided further, That the Secretary of Defense of facilities and equipment; hire of passenger
of Defense (other than the military depart- shall ensure that prior to providing assist- motor vehicles; travel and transportation;
ments), as authorized by law, $49,574,779,000: ance to elements of any forces or individuals, care of the dead; recruiting; procurement of
Provided, That not more than $2,981,000 may such elements or individuals are appro- services, supplies, and equipment; and com-
be used for the Combatant Commander Ini- priately vetted, including at a minimum, as- munications, $3,206,434,000.
tiative Fund authorized under section 166a of sessing such elements for associations with
title 10, United States Code: Provided further, terrorist groups or groups associated with OPERATION AND MAINTENANCE, NAVY RESERVE
That not to exceed $36,000,000 may be used the Government of Iran; and receiving com- For expenses, not otherwise provided for,
for emergencies and extraordinary expenses, mitments from such elements to promote re- necessary for the operation and mainte-
to be expended upon the approval or author- spect for human rights and the rule of law: nance, including training, organization, and
ity of the Secretary of Defense, and pay- Provided further, That the Secretary of De- administration, of the Navy Reserve; repair
ments may be made upon the Secretary’s fense shall, not fewer than 15 days prior to of facilities and equipment; hire of passenger
certificate of necessity for confidential mili- obligating from this appropriation account, motor vehicles; travel and transportation;
tary purposes: Provided further, That of the notify the congressional defense committees care of the dead; recruiting; procurement of
funds provided under this heading, not less in writing of the details of any such obliga- services, supplies, and equipment; and com-
than $55,000,000 shall be made available for tion: Provided further, That the Secretary of munications, $1,278,050,000.
the Procurement Technical Assistance Coop- Defense may accept and retain contribu-
erative Agreement Program, of which not tions, including assistance in-kind, from for- OPERATION AND MAINTENANCE, MARINE CORPS
less than $5,000,000 shall be available for cen- eign governments, including the Government RESERVE
ters defined in 10 U.S.C. 2411(1)(D): Provided of Iraq and other entities, to carry out as-
further, That none of the funds appropriated sistance authorized under this heading: Pro- For expenses, not otherwise provided for,
or otherwise made available by this Act may vided further, That contributions of funds for necessary for the operation and mainte-
be used to plan or implement the consolida- the purposes provided herein from any for- nance, including training, organization, and
tion of a budget or appropriations liaison of- eign government or other entity may be administration, of the Marine Corps Reserve;
fice of the Office of the Secretary of Defense, credited to this Fund, to remain available repair of facilities and equipment; hire of
the office of the Secretary of a military de- until expended, and used for such purposes: passenger motor vehicles; travel and trans-
partment, or the service headquarters of one Provided further, That the Secretary of De- portation; care of the dead; recruiting; pro-
of the Armed Forces into a legislative affairs fense shall prioritize such contributions curement of services, supplies, and equip-
dlhill on DSK120RN23PROD with SENATE
or legislative liaison office: Provided further, when providing any assistance for construc- ment; and communications, $347,633,000.
That $49,071,000 to remain available until ex- tion for facility fortification: Provided fur- OPERATION AND MAINTENANCE, AIR FORCE
pended, is available only for expenses relat- ther, That the Secretary of Defense may RESERVE
ing to certain classified activities, and may waive a provision of law relating to the ac-
be transferred as necessary by the Secretary quisition of items and support services or For expenses, not otherwise provided for,
of Defense to operation and maintenance ap- sections 40 and 40A of the Arms Export Con- necessary for the operation and mainte-
propriations or research, development, test trol Act (22 U.S.C. 2780 and 2785) if the Sec- nance, including training, organization, and
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
December 19, 2022 CONGRESSIONAL RECORD — SENATE S7361
administration, of the Air Force Reserve; re- ENVIRONMENTAL RESTORATION, NAVY ardous waste, removal of unsafe buildings
pair of facilities and equipment; hire of pas- (INCLUDING TRANSFER OF FUNDS) and debris at sites formerly used by the De-
senger motor vehicles; travel and transpor- For the Department of the Navy, partment of Defense, transfer the funds made
tation; care of the dead; recruiting; procure- $400,113,000, to remain available until trans- available by this appropriation to other ap-
ment of services, supplies, and equipment; ferred: Provided, That the Secretary of the propriations made available to the Depart-
and communications, $3,700,800,000. Navy shall, upon determining that such ment of the Army, to be merged with and to
OPERATION AND MAINTENANCE, ARMY funds are required for environmental res- be available for the same purposes and for
NATIONAL GUARD toration, reduction and recycling of haz- the same time period as the appropriations
ardous waste, removal of unsafe buildings to which transferred: Provided further, That
For expenses of training, organizing, and upon a determination that all or part of the
administering the Army National Guard, in- and debris of the Department of the Navy, or
for similar purposes, transfer the funds made funds transferred from this appropriation are
cluding medical and hospital treatment and not necessary for the purposes provided here-
related expenses in non-Federal hospitals; available by this appropriation to other ap-
propriations made available to the Depart- in, such amounts may be transferred back to
maintenance, operation, and repairs to this appropriation: Provided further, That the
structures and facilities; hire of passenger ment of the Navy, to be merged with and to
be available for the same purposes and for transfer authority provided under this head-
motor vehicles; personnel services in the Na- ing is in addition to any other transfer au-
tional Guard Bureau; travel expenses (other the same time period as the appropriations
to which transferred: Provided further, That thority provided elsewhere in this Act.
than mileage), as authorized by law for
upon a determination that all or part of the OVERSEAS HUMANITARIAN, DISASTER, AND
Army personnel on active duty, for Army
funds transferred from this appropriation are CIVIC AID
National Guard division, regimental, and
battalion commanders while inspecting units not necessary for the purposes provided here- For expenses relating to the Overseas Hu-
in compliance with National Guard Bureau in, such amounts may be transferred back to manitarian, Disaster, and Civic Aid pro-
regulations when specifically authorized by this appropriation: Provided further, That the grams of the Department of Defense (con-
the Chief, National Guard Bureau; supplying transfer authority provided under this head- sisting of the programs provided under sec-
and equipping the Army National Guard as ing is in addition to any other transfer au- tions 401, 402, 404, 407, 2557, and 2561 of title
authorized by law; and expenses of repair, thority provided elsewhere in this Act. 10, United States Code), $170,000,000, to re-
modification, maintenance, and issue of sup- ENVIRONMENTAL RESTORATION, AIR FORCE main available until September 30, 2024: Pro-
plies and equipment (including aircraft), (INCLUDING TRANSFER OF FUNDS)
vided, That such amounts shall not be sub-
$8,299,187,000. ject to the limitation in section 407(c)(3) of
For the Department of the Air Force, title 10, United States Code.
OPERATION AND MAINTENANCE, AIR NATIONAL $573,810,000, to remain available until trans-
ferred: Provided, That the Secretary of the COOPERATIVE THREAT REDUCTION ACCOUNT
GUARD
Air Force shall, upon determining that such For assistance, including assistance pro-
For expenses of training, organizing, and vided by contract or by grants, under pro-
funds are required for environmental res-
administering the Air National Guard, in- grams and activities of the Department of
toration, reduction and recycling of haz-
cluding medical and hospital treatment and Defense Cooperative Threat Reduction Pro-
ardous waste, removal of unsafe buildings
related expenses in non-Federal hospitals; gram authorized under the Department of
and debris of the Department of the Air
maintenance, operation, and repairs to Defense Cooperative Threat Reduction Act,
Force, or for similar purposes, transfer the
structures and facilities; transportation of $351,598,000, to remain available until Sep-
funds made available by this appropriation
things, hire of passenger motor vehicles; sup- tember 30, 2025.
to other appropriations made available to
plying and equipping the Air National
the Department of the Air Force, to be DEPARTMENT OF DEFENSE ACQUISITION
Guard, as authorized by law; expenses for re-
merged with and to be available for the same WORKFORCE DEVELOPMENT ACCOUNT
pair, modification, maintenance, and issue of
purposes and for the same time period as the For the Department of Defense Acquisition
supplies and equipment, including those fur-
appropriations to which transferred: Provided Workforce Development Account,
nished from stocks under the control of
further, That upon a determination that all $111,791,000: Provided, That no other amounts
agencies of the Department of Defense; trav-
or part of the funds transferred from this ap- may be otherwise credited or transferred to
el expenses (other than mileage) on the same
propriation are not necessary for the pur- the Account, or deposited into the Account,
basis as authorized by law for Air National
poses provided herein, such amounts may be in fiscal year 2023 pursuant to section 1705(d)
Guard personnel on active Federal duty, for
transferred back to this appropriation: Pro- of title 10, United States Code.
Air National Guard commanders while in-
vided further, That the transfer authority TITLE III
specting units in compliance with National
provided under this heading is in addition to
Guard Bureau regulations when specifically PROCUREMENT
any other transfer authority provided else-
authorized by the Chief, National Guard Bu- AIRCRAFT PROCUREMENT, ARMY
where in this Act.
reau, $7,382,079,000. For construction, procurement, produc-
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
UNITED STATES COURT OF APPEALS FOR THE tion, modification, and modernization of air-
(INCLUDING TRANSFER OF FUNDS)
ARMED FORCES craft, equipment, including ordnance, ground
For the Department of Defense, $10,979,000, handling equipment, spare parts, and acces-
For salaries and expenses necessary for the
to remain available until transferred: Pro- sories therefor; specialized equipment and
United States Court of Appeals for the
vided, That the Secretary of Defense shall, training devices; expansion of public and pri-
Armed Forces, $16,003,000, of which not to ex-
upon determining that such funds are re- vate plants, including the land necessary
ceed $10,000 may be used for official represen-
quired for environmental restoration, reduc- therefor, for the foregoing purposes, and
tation purposes.
tion and recycling of hazardous waste, re- such lands and interests therein, may be ac-
ENVIRONMENTAL RESTORATION, ARMY moval of unsafe buildings and debris of the quired, and construction prosecuted thereon
(INCLUDING TRANSFER OF FUNDS) Department of Defense, or for similar pur- prior to approval of title; and procurement
poses, transfer the funds made available by and installation of equipment, appliances,
For the Department of the Army, this appropriation to other appropriations
$324,500,000, to remain available until trans- and machine tools in public and private
made available to the Department of De- plants; reserve plant and Government and
ferred: Provided, That the Secretary of the fense, to be merged with and to be available
Army shall, upon determining that such contractor-owned equipment layaway; and
for the same purposes and for the same time other expenses necessary for the foregoing
funds are required for environmental res- period as the appropriations to which trans-
toration, reduction and recycling of haz- purposes, $3,847,834,000, to remain available
ferred: Provided further, That upon a deter- for obligation until September 30, 2025.
ardous waste, removal of unsafe buildings mination that all or part of the funds trans-
and debris of the Department of the Army, MISSILE PROCUREMENT, ARMY
ferred from this appropriation are not nec-
or for similar purposes, transfer the funds essary for the purposes provided herein, such For construction, procurement, produc-
made available by this appropriation to amounts may be transferred back to this ap- tion, modification, and modernization of
other appropriations made available to the propriation: Provided further, That the trans- missiles, equipment, including ordnance,
Department of the Army, to be merged with fer authority provided under this heading is ground handling equipment, spare parts, and
and to be available for the same purposes in addition to any other transfer authority accessories therefor; specialized equipment
and for the same time period as the appro- provided elsewhere in this Act. and training devices; expansion of public and
priations to which transferred: Provided fur- private plants, including the land necessary
ther, That upon a determination that all or ENVIRONMENTAL RESTORATION, FORMERLY therefor, for the foregoing purposes, and
part of the funds transferred from this appro- USED DEFENSE SITES such lands and interests therein, may be ac-
dlhill on DSK120RN23PROD with SENATE
priation are not necessary for the purposes (INCLUDING TRANSFER OF FUNDS) quired, and construction prosecuted thereon
provided herein, such amounts may be trans- For the Department of the Army, prior to approval of title; and procurement
ferred back to this appropriation: Provided $317,580,000, to remain available until trans- and installation of equipment, appliances,
further, That the transfer authority provided ferred: Provided, That the Secretary of the and machine tools in public and private
under this heading is in addition to any Army shall, upon determining that such plants; reserve plant and Government and
other transfer authority provided elsewhere funds are required for environmental res- contractor-owned equipment layaway; and
in this Act. toration, reduction and recycling of haz- other expenses necessary for the foregoing
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S7362 CONGRESSIONAL RECORD — SENATE December 19, 2022
purposes, $3,848,853,000, to remain available public and private plants, including the land conversion of any naval vessel to be con-
for obligation until September 30, 2025. necessary therefor, and such lands and inter- structed in shipyards in the United States
PROCUREMENT OF WEAPONS AND TRACKED ests therein, may be acquired, and construc- shall be expended in foreign facilities for the
COMBAT VEHICLES, ARMY tion prosecuted thereon prior to approval of construction of major components of such
title; and procurement and installation of vessel: Provided further, That none of the
For construction, procurement, produc-
equipment, appliances, and machine tools in funds provided under this heading shall be
tion, and modification of weapons and
public and private plants; reserve plant and used for the construction of any naval vessel
tracked combat vehicles, equipment, includ-
Government and contractor-owned equip- in foreign shipyards: Provided further, That
ing ordnance, spare parts, and accessories
ment layaway, $4,823,113,000, to remain avail- funds appropriated or otherwise made avail-
therefor; specialized equipment and training
able for obligation until September 30, 2025. able by this Act for Columbia Class Sub-
devices; expansion of public and private
PROCUREMENT OF AMMUNITION, NAVY AND marine (AP) may be available for the pur-
plants, including the land necessary there-
MARINE CORPS poses authorized by subsections (f), (g), (h) or
for, for the foregoing purposes, and such
For construction, procurement, produc- (i) of section 2218a of title 10, United States
lands and interests therein, may be acquired,
tion, and modification of ammunition, and Code, only in accordance with the provisions
and construction prosecuted thereon prior to
accessories therefor; specialized equipment of the applicable subsection.
approval of title; and procurement and in-
stallation of equipment, appliances, and ma- and training devices; expansion of public and OTHER PROCUREMENT, NAVY
chine tools in public and private plants; re- private plants, including ammunition facili- For procurement, production, and mod-
serve plant and Government and contractor- ties, authorized by section 2854 of title 10, ernization of support equipment and mate-
owned equipment layaway; and other ex- United States Code, and the land necessary rials not otherwise provided for, Navy ord-
penses necessary for the foregoing purposes, therefor, for the foregoing purposes, and nance (except ordnance for new aircraft, new
$4,505,157,000, to remain available for obliga- such lands and interests therein, may be ac- ships, and ships authorized for conversion);
tion until September 30, 2025. quired, and construction prosecuted thereon the purchase of passenger motor vehicles for
prior to approval of title; and procurement replacement only; expansion of public and
PROCUREMENT OF AMMUNITION, ARMY and installation of equipment, appliances, private plants, including the land necessary
For construction, procurement, produc- and machine tools in public and private therefor, and such lands and interests there-
tion, and modification of ammunition, and plants; reserve plant and Government and in, may be acquired, and construction pros-
accessories therefor; specialized equipment contractor-owned equipment layaway; and ecuted thereon prior to approval of title; and
and training devices; expansion of public and other expenses necessary for the foregoing procurement and installation of equipment,
private plants, including ammunition facili- purposes, $920,884,000, to remain available for appliances, and machine tools in public and
ties, authorized by section 2854 of title 10, obligation until September 30, 2025. private plants; reserve plant and Govern-
United States Code, and the land necessary SHIPBUILDING AND CONVERSION, NAVY ment and contractor-owned equipment lay-
therefor, for the foregoing purposes, and away, $12,138,590,000, to remain available for
For expenses necessary for the construc-
such lands and interests therein, may be ac- obligation until September 30, 2025: Provided,
tion, acquisition, or conversion of vessels as
quired, and construction prosecuted thereon That such funds are also available for the
authorized by law, including armor and ar-
prior to approval of title; and procurement maintenance, repair, and modernization of
mament thereof, plant equipment, appli-
and installation of equipment, appliances, ships under a pilot program established for
ances, and machine tools and installation
and machine tools in public and private such purposes.
thereof in public and private plants; reserve
plants; reserve plant and Government and
plant and Government and contractor-owned PROCUREMENT, MARINE CORPS
contractor-owned equipment layaway; and
equipment layaway; procurement of critical, For expenses necessary for the procure-
other expenses necessary for the foregoing
long lead time components and designs for ment, manufacture, and modification of mis-
purposes, $2,770,120,000, to remain available
vessels to be constructed or converted in the siles, armament, military equipment, spare
for obligation until September 30, 2025.
future; and expansion of public and private parts, and accessories therefor; plant equip-
OTHER PROCUREMENT, ARMY plants, including land necessary therefor, ment, appliances, and machine tools, and in-
For construction, procurement, produc- and such lands and interests therein, may be stallation thereof in public and private
tion, and modification of vehicles, including acquired, and construction prosecuted there- plants; reserve plant and Government and
tactical, support, and non-tracked combat on prior to approval of title, as follows: contractor-owned equipment layaway; vehi-
vehicles; the purchase of passenger motor ve- Columbia Class Submarine, $3,079,223,000; cles for the Marine Corps, including the pur-
hicles for replacement only; communications Columbia Class Submarine (AP), chase of passenger motor vehicles for re-
and electronic equipment; other support $2,778,553,000; placement only; and expansion of public and
equipment; spare parts, ordnance, and acces- Carrier Replacement Program (CVN–80), private plants, including land necessary
sories therefor; specialized equipment and $1,465,880,000; therefor, and such lands and interests there-
training devices; expansion of public and pri- Carrier Replacement Program (CVN–81), in, may be acquired, and construction pros-
vate plants, including the land necessary $1,052,024,000; ecuted thereon prior to approval of title,
therefor, for the foregoing purposes, and Virginia Class Submarine, $4,534,184,000; $3,669,510,000, to remain available for obliga-
such lands and interests therein, may be ac- Virginia Class Submarine (AP), tion until September 30, 2025.
quired, and construction prosecuted thereon $2,025,651,000; AIRCRAFT PROCUREMENT, AIR FORCE
prior to approval of title; and procurement CVN Refueling Overhauls (AP), $612,081,000;
and installation of equipment, appliances, DDG–1000 Program, $72,976,000; For construction, procurement, and modi-
and machine tools in public and private DDG–51 Destroyer, $6,946,537,000; fication of aircraft and equipment, including
plants; reserve plant and Government and DDG–51 Destroyer (AP), $695,652,000; armor and armament, specialized ground
contractor-owned equipment layaway; and FFG–Frigate, $1,135,224,000; handling equipment, and training devices,
other expenses necessary for the foregoing LPD Flight II, $1,673,000,000; spare parts, and accessories therefor; special-
purposes, $8,668,148,000, to remain available LPD Flight II (AP), $250,000,000; ized equipment; expansion of public and pri-
for obligation until September 30, 2025. LHA Replacement, $1,374,470,000; vate plants, Government-owned equipment
Expeditionary Fast Transport, $645,000,000; and installation thereof in such plants, erec-
AIRCRAFT PROCUREMENT, NAVY tion of structures, and acquisition of land,
TAO Fleet Oiler, $782,588,000;
For construction, procurement, produc- for the foregoing purposes, and such lands
Towing, Salvage, and Rescue Ship,
tion, modification, and modernization of air- and interests therein, may be acquired, and
$95,915,000;
craft, equipment, including ordnance, spare construction prosecuted thereon prior to ap-
Ship to Shore Connector, $454,533,000;
parts, and accessories therefor; specialized proval of title; reserve plant and Govern-
Service Craft, $21,056,000;
equipment; expansion of public and private ment and contractor-owned equipment lay-
Auxiliary Personnel Lighter, $71,218,000;
plants, including the land necessary there- away; and other expenses necessary for the
LCAC SLEP, $36,301,000;
for, and such lands and interests therein, foregoing purposes including rents and trans-
Auxiliary Vessels, $133,000,000;
may be acquired, and construction pros- portation of things, $22,196,175,000, to remain
For outfitting, post delivery, conversions,
ecuted thereon prior to approval of title; and available for obligation until September 30,
and first destination transportation,
procurement and installation of equipment, 2025.
$707,412,000; and
appliances, and machine tools in public and MISSILE PROCUREMENT, AIR FORCE
Completion of Prior Year Shipbuilding
private plants; reserve plant and Govern-
Programs, $1,312,646,000. For construction, procurement, and modi-
ment and contractor-owned equipment lay-
In all: $31,955,124,000, to remain available for fication of missiles, rockets, and related
away, $19,031,864,000, to remain available for
obligation until September 30, 2027: Provided, equipment, including spare parts and acces-
obligation until September 30, 2025.
dlhill on DSK120RN23PROD with SENATE
That additional obligations may be incurred sories therefor; ground handling equipment,
WEAPONS PROCUREMENT, NAVY after September 30, 2027, for engineering and training devices; expansion of public and
For construction, procurement, produc- services, tests, evaluations, and other such private plants, Government-owned equip-
tion, modification, and modernization of budgeted work that must be performed in ment and installation thereof in such plants,
missiles, torpedoes, other weapons, and re- the final stage of ship construction: Provided erection of structures, and acquisition of
lated support equipment including spare further, That none of the funds provided land, for the foregoing purposes, and such
parts, and accessories therefor; expansion of under this heading for the construction or lands and interests therein, may be acquired,
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7363
and construction prosecuted thereon prior to DEFENSE PRODUCTION ACT PURCHASES OPERATIONAL TEST AND EVALUATION,
approval of title; reserve plant and Govern- For activities by the Department of De- DEFENSE
ment and contractor-owned equipment lay- fense pursuant to sections 108, 301, 302, and For expenses, not otherwise provided for,
away; and other expenses necessary for the 303 of the Defense Production Act of 1950 (50 necessary for the independent activities of
foregoing purposes including rents and trans- U.S.C. 4518, 4531, 4532, and 4533), $372,906,000, the Director, Operational Test and Evalua-
portation of things, $2,999,346,000, to remain to remain available for obligation until Sep- tion, in the direction and supervision of
available for obligation until September 30, tember 30, 2027, which shall be obligated and operational test and evaluation, including
2025. expended by the Secretary of Defense as if initial operational test and evaluation which
PROCUREMENT OF AMMUNITION, AIR FORCE delegated the necessary authorities con- is conducted prior to, and in support of, pro-
For construction, procurement, produc- ferred by the Defense Production Act of 1950. duction decisions; joint operational testing
tion, and modification of ammunition, and NATIONAL GUARD AND RESERVE EQUIPMENT and evaluation; and administrative expenses
accessories therefor; specialized equipment ACCOUNT in connection therewith, $449,294,000, to re-
and training devices; expansion of public and For procurement of rotary-wing aircraft; main available for obligation until Sep-
private plants, including ammunition facili- combat, tactical and support vehicles; other tember 30, 2024.
ties, authorized by section 2854 of title 10, weapons; and other procurement items for TITLE V
United States Code, and the land necessary the reserve components of the Armed Forces, REVOLVING AND MANAGEMENT FUNDS
therefor, for the foregoing purposes, and $1,000,000,000, to remain available for obliga- DEFENSE WORKING CAPITAL FUNDS
such lands and interests therein, may be ac- tion until September 30, 2025: Provided, That For the Defense Working Capital Funds,
quired, and construction prosecuted thereon the Chiefs of National Guard and Reserve $1,654,710,000.
prior to approval of title; and procurement components shall, not later than 30 days
and installation of equipment, appliances, TITLE VI
after enactment of this Act, individually
and machine tools in public and private submit to the congressional defense commit- OTHER DEPARTMENT OF DEFENSE
plants; reserve plant and Government and tees the modernization priority assessment PROGRAMS
contractor-owned equipment layaway; and for their respective National Guard or Re- DEFENSE HEALTH PROGRAM
other expenses necessary for the foregoing serve component: Provided further, That none For expenses, not otherwise provided for,
purposes, $857,722,000, to remain available for of the funds made available by this para- for medical and health care programs of the
obligation until September 30, 2025. graph may be used to procure manned fixed Department of Defense as authorized by law,
OTHER PROCUREMENT, AIR FORCE wing aircraft, or procure or modify missiles, $39,225,101,000; of which $35,613,417,000 shall be
munitions, or ammunition. for operation and maintenance, of which not
For procurement and modification of
equipment (including ground guidance and TITLE IV to exceed one percent shall remain available
electronic control equipment, and ground RESEARCH, DEVELOPMENT, TEST AND for obligation until September 30, 2024, and
electronic and communication equipment), EVALUATION of which up to $18,577,877,000 may be avail-
and supplies, materials, and spare parts able for contracts entered into under the
RESEARCH, DEVELOPMENT, TEST AND
therefor, not otherwise provided for; the pur- TRICARE program; of which $570,074,000, to
EVALUATION, ARMY
chase of passenger motor vehicles for re- remain available for obligation until Sep-
For expenses necessary for basic and ap- tember 30, 2025, shall be for procurement; and
placement only; lease of passenger motor ve- plied scientific research, development, test
hicles; and expansion of public and private of which $3,041,610,000, to remain available
and evaluation, including maintenance, re- for obligation until September 30, 2024, shall
plants, Government-owned equipment and habilitation, lease, and operation of facili-
installation thereof in such plants, erection be for research, development, test and eval-
ties and equipment, $17,150,141,000, to remain uation: Provided, That, notwithstanding any
of structures, and acquisition of land, for the available for obligation until September 30,
foregoing purposes, and such lands and inter- other provision of law, of the amount made
2024. available under this heading for research, de-
ests therein, may be acquired, and construc-
RESEARCH, DEVELOPMENT, TEST AND velopment, test and evaluation, not less than
tion prosecuted thereon, prior to approval of
EVALUATION, NAVY $12,000,000 shall be available for HIV preven-
title; reserve plant and Government and con-
tractor-owned equipment layaway, For expenses necessary for basic and ap- tion educational activities undertaken in
$28,034,122,000, to remain available for obliga- plied scientific research, development, test connection with United States military
tion until September 30, 2025. and evaluation, including maintenance, re- training, exercises, and humanitarian assist-
habilitation, lease, and operation of facili- ance activities conducted primarily in Afri-
PROCUREMENT, SPACE FORCE can nations: Provided further, That of the
ties and equipment, $26,017,309,000, to remain
For construction, procurement, and modi- available for obligation until September 30, funds provided under this heading for re-
fication of spacecraft, rockets, and related 2024: Provided, That funds appropriated in search, development, test and evaluation,
equipment, including spare parts and acces- this paragraph which are available for the V– not less than $1,561,000,000 shall be made
sories therefor; ground handling equipment, 22 may be used to meet unique operational available to the Defense Health Agency to
and training devices; expansion of public and requirements of the Special Operations carry out the congressionally directed med-
private plants, Government-owned equip- Forces. ical research programs: Provided further,
ment and installation thereof in such plants, RESEARCH, DEVELOPMENT, TEST AND That the Secretary of Defense shall submit
erection of structures, and acquisition of EVALUATION, AIR FORCE to the congressional defense committees
land, for the foregoing purposes, and such quarterly reports on the current status of
lands and interests therein, may be acquired, For expenses necessary for basic and ap-
the deployment of the electronic health
and construction prosecuted thereon prior to plied scientific research, development, test
record: Provided further, That the Secretary
approval of title; reserve plant and Govern- and evaluation, including maintenance, re-
of Defense shall provide notice to the con-
ment and contractor-owned equipment lay- habilitation, lease, and operation of facili-
gressional defense committees not later than
away; and other expenses necessary for the ties and equipment, $44,946,927,000, to remain
10 business days after delaying the proposed
foregoing purposes including rents and trans- available for obligation until September 30,
timeline of such deployment if such delay is
portation of things, $4,462,188,000, to remain 2024.
longer than 1 week: Provided further, That
available for obligation until September 30, RESEARCH, DEVELOPMENT, TEST AND the Comptroller General of the United States
2025. EVALUATION, SPACE FORCE shall perform quarterly performance reviews
PROCUREMENT, DEFENSE-WIDE For expenses necessary for basic and ap- of such deployment.
plied scientific research, development, test CHEMICAL AGENTS AND MUNITIONS
For expenses of activities and agencies of
and evaluation, including maintenance, re- DESTRUCTION, DEFENSE
the Department of Defense (other than the
habilitation, lease, and operation of facili-
military departments) necessary for procure- For expenses, not otherwise provided for,
ties and equipment, $16,631,377,000, to remain
ment, production, and modification of equip- necessary for the destruction of the United
available until September 30, 2024.
ment, supplies, materials, and spare parts States stockpile of lethal chemical agents
therefor, not otherwise provided for; the pur- RESEARCH, DEVELOPMENT, TEST AND and munitions in accordance with the provi-
chase of passenger motor vehicles for re- EVALUATION, DEFENSE-WIDE sions of section 1412 of the Department of
placement only; expansion of public and pri- For expenses of activities and agencies of Defense Authorization Act, 1986 (50 U.S.C.
vate plants, equipment, and installation the Department of Defense (other than the 1521), and for the destruction of other chem-
thereof in such plants, erection of struc- military departments), necessary for basic ical warfare materials that are not in the
tures, and acquisition of land for the fore- and applied scientific research, development, chemical weapon stockpile, $1,059,818,000, of
dlhill on DSK120RN23PROD with SENATE
going purposes, and such lands and interests test and evaluation; advanced research which $84,612,000 shall be for operation and
therein, may be acquired, and construction projects as may be designated and deter- maintenance, of which no less than
prosecuted thereon prior to approval of title; mined by the Secretary of Defense, pursuant $53,186,000 shall be for the Chemical Stock-
reserve plant and Government and con- to law; maintenance, rehabilitation, lease, pile Emergency Preparedness Program, con-
tractor-owned equipment layaway, and operation of facilities and equipment, sisting of $22,778,000 for activities on mili-
$6,139,674,000, to remain available for obliga- $34,565,478,000, to remain available for obliga- tary installations and $30,408,000, to remain
tion until September 30, 2025. tion until September 30, 2024. available until September 30, 2024, to assist
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S7364 CONGRESSIONAL RECORD — SENATE December 19, 2022
State and local governments; and TITLE VIII poses of the limitation on the amount of
$975,206,000, to remain available until Sep- GENERAL PROVISIONS funds that may be transferred under this sec-
tember 30, 2024, shall be for research, devel- SEC. 8001. No part of any appropriation tion.
opment, test and evaluation, of which contained in this Act shall be used for pub- SEC. 8006. (a) With regard to the list of spe-
$971,742,000 shall only be for the Assembled licity or propaganda purposes not authorized cific programs, projects, and activities (and
Chemical Weapons Alternatives program. by the Congress. the dollar amounts and adjustments to budg-
DRUG INTERDICTION AND COUNTER-DRUG SEC. 8002. During the current fiscal year, et activities corresponding to such programs,
ACTIVITIES, DEFENSE provisions of law prohibiting the payment of projects, and activities) contained in the ta-
(INCLUDING TRANSFER OF FUNDS) compensation to, or employment of, any per- bles titled Explanation of Project Level Ad-
For drug interdiction and counter-drug ac- son not a citizen of the United States shall justments in the explanatory statement re-
tivities of the Department of Defense, for not apply to personnel of the Department of garding this Act and the tables contained in
transfer to appropriations available to the Defense: Provided, That salary increases the classified annex accompanying this Act,
Department of Defense for military per- granted to direct and indirect hire foreign the obligation and expenditure of amounts
sonnel of the reserve components serving national employees of the Department of De- appropriated or otherwise made available in
under the provisions of title 10 and title 32, fense funded by this Act shall not be at a this Act for those programs, projects, and ac-
United States Code; for operation and main- rate in excess of the percentage increase au- tivities for which the amounts appropriated
tenance; for procurement; and for research, thorized by law for civilian employees of the exceed the amounts requested are hereby re-
development, test and evaluation, Department of Defense whose pay is com- quired by law to be carried out in the man-
$970,764,000, of which $614,510,000 shall be for puted under the provisions of section 5332 of ner provided by such tables to the same ex-
counter-narcotics support; $130,060,000 shall title 5, United States Code, or at a rate in ex- tent as if the tables were included in the text
be for the drug demand reduction program; cess of the percentage increase provided by of this Act.
$200,316,000 shall be for the National Guard the appropriate host nation to its own em- (b) Amounts specified in the referenced ta-
counter-drug program; and $25,878,000 shall ployees, whichever is higher: Provided fur- bles described in subsection (a) shall not be
be for the National Guard counter-drug ther, That this section shall not apply to De- treated as subdivisions of appropriations for
schools program: Provided, That the funds partment of Defense foreign service national purposes of section 8005 of this Act: Provided,
appropriated under this heading shall be employees serving at United States diplo- That section 8005 shall apply when transfers
available for obligation for the same time matic missions whose pay is set by the De- of the amounts described in subsection (a)
period and for the same purpose as the ap- partment of State under the Foreign Service occur between appropriation accounts.
propriation to which transferred: Provided Act of 1980: Provided further, That the limita- SEC. 8007. (a) Not later than 60 days after
further, That upon a determination that all tions of this provision shall not apply to for- the date of the enactment of this Act, the
or part of the funds transferred from this ap- eign national employees of the Department Department of Defense shall submit a report
propriation are not necessary for the pur- of Defense in the Republic of Turkey. to the congressional defense committees to
poses provided herein, such amounts may be SEC. 8003. No part of any appropriation establish the baseline for application of re-
transferred back to this appropriation: Pro- contained in this Act shall remain available programming and transfer authorities for
vided further, That the transfer authority for obligation beyond the current fiscal year, fiscal year 2023: Provided, That the report
provided under this heading is in addition to unless expressly so provided herein. shall include—
any other transfer authority contained else- SEC. 8004. No more than 20 percent of the (1) a table for each appropriation with a
where in this Act: Provided further, That appropriations in this Act which are limited separate column to display the President’s
funds appropriated under this heading may for obligation during the current fiscal year budget request, adjustments made by Con-
be used to support a new start program or shall be obligated during the last 2 months of gress, adjustments due to enacted rescis-
project only after written prior notification the fiscal year: Provided, That this section sions, if appropriate, and the fiscal year en-
to the Committees on Appropriations of the shall not apply to obligations for support of acted level;
House of Representatives and the Senate. active duty training of reserve components (2) a delineation in the table for each ap-
OFFICE OF THE INSPECTOR GENERAL or summer camp training of the Reserve Of- propriation both by budget activity and pro-
For expenses and activities of the Office of ficers’ Training Corps. gram, project, and activity as detailed in the
the Inspector General in carrying out the (TRANSFER OF FUNDS) Budget Appendix; and
provisions of the Inspector General Act of SEC. 8005. Upon determination by the Sec- (3) an identification of items of special
1978, as amended, $485,359,000, of which retary of Defense that such action is nec- congressional interest.
$481,971,000 shall be for operation and main- essary in the national interest, the Sec- (b) Notwithstanding section 8005 of this
tenance, of which not to exceed $700,000 is retary may, with the approval of the Office Act, none of the funds provided in this Act
available for emergencies and extraordinary of Management and Budget, transfer not to shall be available for reprogramming or
expenses to be expended upon the approval or exceed $6,000,000,000 of working capital funds transfer until the report identified in sub-
authority of the Inspector General, and pay- of the Department of Defense or funds made section (a) is submitted to the congressional
ments may be made upon the Inspector Gen- available in this Act to the Department of defense committees, unless the Secretary of
eral’s certificate of necessity for confidential Defense for military functions (except mili- Defense certifies in writing to the congres-
military purposes; of which $1,524,000, to re- tary construction) between such appropria- sional defense committees that such re-
main available for obligation until Sep- tions or funds or any subdivision thereof, to programming or transfer is necessary as an
tember 30, 2025, shall be for procurement; and be merged with and to be available for the emergency requirement: Provided, That this
of which $1,864,000, to remain available until same purposes, and for the same time period, subsection shall not apply to transfers from
September 30, 2024, shall be for research, de- as the appropriation or fund to which trans- the following appropriations accounts:
velopment, test and evaluation. ferred: Provided, That such authority to (1) ‘‘Environmental Restoration, Army’’;
SUPPORT FOR INTERNATIONAL SPORTING transfer may not be used unless for higher (2) ‘‘Environmental Restoration, Navy’’;
COMPETITIONS priority items, based on unforeseen military (3) ‘‘Environmental Restoration, Air
requirements, than those for which origi- Force’’;
For logistical and security support for
nally appropriated and in no case where the (4) ‘‘Environmental Restoration, Defense-
international sporting competitions (includ-
item for which funds are requested has been Wide’’;
ing pay and non-travel related allowances
denied by the Congress: Provided further, (5) ‘‘Environmental Restoration, Formerly
only for members of the Reserve Components
That the Secretary of Defense shall notify Used Defense Sites’’; and
of the Armed Forces of the United States
the Congress promptly of all transfers made (6) ‘‘Drug Interdiction and Counter-drug
called or ordered to active duty in connec-
pursuant to this authority or any other au- Activities, Defense’’.
tion with providing such support), $10,377,000,
to remain available until expended. thority in this Act: Provided further, That no (TRANSFER OF FUNDS)
TITLE VII part of the funds in this Act shall be avail- SEC. 8008. During the current fiscal year,
RELATED AGENCIES able to prepare or present a request to the cash balances in working capital funds of the
Committees on Appropriations of the House Department of Defense established pursuant
CENTRAL INTELLIGENCE AGENCY RETIREMENT
of Representatives and the Senate for re- to section 2208 of title 10, United States
AND DISABILITY SYSTEM FUND
programming of funds, unless for higher pri- Code, may be maintained in only such
For payment to the Central Intelligence ority items, based on unforeseen military re- amounts as are necessary at any time for
Agency Retirement and Disability System quirements, than those for which originally cash disbursements to be made from such
Fund, to maintain the proper funding level appropriated and in no case where the item funds: Provided, That transfers may be made
for continuing the operation of the Central for which reprogramming is requested has between such funds: Provided further, That
dlhill on DSK120RN23PROD with SENATE
Intelligence Agency Retirement and Dis- been denied by the Congress: Provided fur- transfers may be made between working cap-
ability System, $514,000,000. ther, That a request for multiple ital funds and the ‘‘Foreign Currency Fluc-
INTELLIGENCE COMMUNITY MANAGEMENT reprogrammings of funds using authority tuations, Defense’’ appropriation and the
ACCOUNT provided in this section shall be made prior ‘‘Operation and Maintenance’’ appropriation
For necessary expenses of the Intelligence to June 30, 2023: Provided further, That trans- accounts in such amounts as may be deter-
Community Management Account, fers among military personnel appropria- mined by the Secretary of Defense, with the
$562,265,000. tions shall not be taken into account for pur- approval of the Office of Management and
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7365
Budget, except that such transfers may not United States Code: Provided, That such (TRANSFER OF FUNDS)
be made unless the Secretary of Defense has funds may also be obligated for humani- SEC. 8015. (a) Funds appropriated in title
notified the Congress of the proposed trans- tarian and civic assistance costs incidental III of this Act for the Department of Defense
fer: Provided further, That except in amounts to authorized operations and pursuant to au- Pilot Mentor-Protégé Program may be trans-
equal to the amounts appropriated to work- thority granted in section 401 of title 10, ferred to any other appropriation contained
ing capital funds in this Act, no obligations United States Code, and these obligations in this Act solely for the purpose of imple-
may be made against a working capital fund shall be reported as required by section menting a Mentor-Protégé Program develop-
to procure or increase the value of war re- 401(d) of title 10, United States Code: Pro- mental assistance agreement pursuant to
serve material inventory, unless the Sec- vided further, That funds available for oper- section 831 of the National Defense Author-
retary of Defense has notified the Congress ation and maintenance shall be available for ization Act for Fiscal Year 1991 (Public Law
prior to any such obligation. providing humanitarian and similar assist- 101–510; 10 U.S.C. 2302 note), as amended,
SEC. 8009. Funds appropriated by this Act ance by using Civic Action Teams in the under the authority of this provision or any
may not be used to initiate a special access Trust Territories of the Pacific Islands and other transfer authority contained in this
program without prior notification 30 cal- freely associated states of Micronesia, pursu- Act.
endar days in advance to the congressional ant to the Compact of Free Association as (b) The Secretary of Defense shall include
defense committees. authorized by Public Law 99–239: Provided
SEC. 8010. None of the funds provided in with the budget justification documents in
further, That upon a determination by the support of the budget for fiscal year 2024 (as
this Act shall be available to initiate: (1) a Secretary of the Army that such action is
multiyear contract that employs economic submitted to Congress pursuant to section
beneficial for graduate medical education 1105 of title 31, United States Code) a descrip-
order quantity procurement in excess of programs conducted at Army medical facili-
$20,000,000 in any one year of the contract or tion of each transfer under this section that
ties located in Hawaii, the Secretary of the occurred during the last fiscal year before
that includes an unfunded contingent liabil- Army may authorize the provision of med-
ity in excess of $20,000,000; or (2) a contract the fiscal year in which such budget is sub-
ical services at such facilities and transpor- mitted.
for advance procurement leading to a tation to such facilities, on a nonreimburs-
multiyear contract that employs economic SEC. 8016. None of the funds in this Act
able basis, for civilian patients from Amer- may be available for the purchase by the De-
order quantity procurement in excess of
ican Samoa, the Commonwealth of the partment of Defense (and its departments
$20,000,000 in any one year, unless the con-
Northern Mariana Islands, the Marshall Is- and agencies) of welded shipboard anchor and
gressional defense committees have been no-
lands, the Federated States of Micronesia, mooring chain unless the anchor and moor-
tified at least 30 days in advance of the pro-
Palau, and Guam. ing chain are manufactured in the United
posed contract award: Provided, That no part SEC. 8012. (a) During the current fiscal
of any appropriation contained in this Act States from components which are substan-
year, the civilian personnel of the Depart- tially manufactured in the United States:
shall be available to initiate a multiyear ment of Defense may not be managed on the
contract for which the economic order quan- Provided, That for the purpose of this sec-
basis of any constraint or limitation in tion, the term ‘‘manufactured’’ shall include
tity advance procurement is not funded at terms of man years, end strength, full-time
least to the limits of the Government’s li- cutting, heat treating, quality control, test-
equivalent positions, or maximum number of ing of chain and welding (including the forg-
ability: Provided further, That no part of any employees, but are to be managed solely on
appropriation contained in this Act shall be ing and shot blasting process): Provided fur-
the basis of, and in a manner consistent ther, That for the purpose of this section sub-
available to initiate multiyear procurement with—
contracts for any systems or component stantially all of the components of anchor
(1) the total force management policies and mooring chain shall be considered to be
thereof if the value of the multiyear con- and procedures established under section
tract would exceed $500,000,000 unless specifi- produced or manufactured in the United
129a of title 10, United States Code; States if the aggregate cost of the compo-
cally provided in this Act: Provided further, (2) the workload required to carry out the
That no multiyear procurement contract can nents produced or manufactured in the
functions and activities of the Department; United States exceeds the aggregate cost of
be terminated without 30-day prior notifica- and
tion to the congressional defense commit- the components produced or manufactured
(3) the funds made available to the Depart- outside the United States: Provided further,
tees: Provided further, That the execution of ment for such fiscal year.
multiyear authority shall require the use of That when adequate domestic supplies are
(b) None of the funds appropriated by this
a present value analysis to determine lowest not available to meet Department of Defense
Act may be used to reduce the civilian work-
cost compared to an annual procurement: requirements on a timely basis, the Sec-
force programmed full time equivalent levels
Provided further, That none of the funds pro- retary of the Service responsible for the pro-
absent the appropriate analysis of the im-
vided in this Act may be used for a curement may waive this restriction on a
pact of these reductions on workload, mili-
multiyear contract executed after the date case-by-case basis by certifying in writing to
tary force structure, lethality, readiness,
of the enactment of this Act unless in the the Committees on Appropriations of the
operational effectiveness, stress on the mili-
case of any such contract— House of Representatives and the Senate
tary force, and fully burdened costs.
(1) the Secretary of Defense has submitted (c) A projection of the number of full-time that such an acquisition must be made in
to Congress a budget request for full funding equivalent positions shall not be considered order to acquire capability for national secu-
of units to be procured through the contract a constraint or limitation for purposes of rity purposes.
and, in the case of a contract for procure- subsection (a) and reducing funding for SEC. 8017. None of the funds appropriated
ment of aircraft, that includes, for any air- under-execution of such a projection shall by this Act shall be used for the support of
craft unit to be procured through the con- not be considered managing based on a con- any nonappropriated funds activity of the
tract for which procurement funds are re- straint or limitation for purposes of such Department of Defense that procures malt
quested in that budget request for produc- subsection. beverages and wine with nonappropriated
tion beyond advance procurement activities (d) The fiscal year 2024 budget request for funds for resale (including such alcoholic
in the fiscal year covered by the budget, full the Department of Defense, and any jus- beverages sold by the drink) on a military
funding of procurement of such unit in that tification material and other documentation installation located in the United States un-
fiscal year; supporting such a request, shall be prepared less such malt beverages and wine are pro-
(2) cancellation provisions in the contract and submitted to Congress as if subsections cured within that State, or in the case of the
do not include consideration of recurring (a) and (b) were effective with respect to District of Columbia, within the District of
manufacturing costs of the contractor asso- such fiscal year. Columbia, in which the military installation
ciated with the production of unfunded units (e) Nothing in this section shall be con- is located: Provided, That, in a case in which
to be delivered under the contract; strued to apply to military (civilian) techni- the military installation is located in more
(3) the contract provides that payments to cians. than one State, purchases may be made in
the contractor under the contract shall not SEC. 8013. None of the funds made available any State in which the installation is lo-
be made in advance of incurred costs on by this Act shall be used in any way, directly cated: Provided further, That such local pro-
funded units; and or indirectly, to influence congressional ac- curement requirements for malt beverages
(4) the contract does not provide for a price tion on any legislation or appropriation mat- and wine shall apply to all alcoholic bev-
adjustment based on a failure to award a fol- ters pending before the Congress. erages only for military installations in
low-on contract. SEC. 8014. None of the funds available in States which are not contiguous with an-
Funds appropriated in title III of this Act this Act to the Department of Defense, other other State: Provided further, That alcoholic
may be used for multiyear procurement con- than appropriations made for necessary or beverages other than wine and malt bev-
tracts for up to 15 DDG–51 Arleigh Burke routine refurbishments, upgrades, or mainte- erages, in contiguous States and the District
dlhill on DSK120RN23PROD with SENATE
Class Guided Missile Destroyers. nance activities, shall be used to reduce or to of Columbia shall be procured from the most
SEC. 8011. Within the funds appropriated prepare to reduce the number of deployed competitive source, price and other factors
for the operation and maintenance of the and non-deployed strategic delivery vehicles considered.
Armed Forces, funds are hereby appropriated and launchers below the levels set forth in SEC. 8018. None of the funds available to
pursuant to section 401 of title 10, United the report submitted to Congress in accord- the Department of Defense may be used to
States Code, for humanitarian and civic as- ance with section 1042 of the National De- demilitarize or dispose of M–1 Carbines, M–1
sistance costs under chapter 20 of title 10, fense Authorization Act for Fiscal Year 2012. Garand rifles, M–14 rifles, .22 caliber rifles,
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S7366 CONGRESSIONAL RECORD — SENATE December 19, 2022
.30 caliber rifles, or M–1911 pistols, or to de- on the current list published by the Sec- FFRDCs: Provided, That within such funds,
militarize or destroy small arms ammuni- retary of the Interior under section 104 of the not more than $446,097,000 shall be available
tion or ammunition components that are not Federally Recognized Indian Tribe Act of for the defense studies and analysis FFRDCs:
otherwise prohibited from commercial sale 1994 (Public Law 103–454; 108 Stat. 4792; 25 Provided further, That this subsection shall
under Federal law, unless the small arms U.S.C. 5131). not apply to staff years funded in the Na-
ammunition or ammunition components are SEC. 8022. Of the funds appropriated to the tional Intelligence Program and the Military
certified by the Secretary of the Army or Department of Defense under the heading Intelligence Program: Provided further, That
designee as unserviceable or unsafe for fur- ‘‘Operation and Maintenance, Defense- the Secretary of Defense shall, with the sub-
ther use. Wide’’, not less than $20,000,000 shall be made mission of the department’s fiscal year 2024
SEC. 8019. No more than $500,000 of the available only for the mitigation of environ- budget request, submit a report presenting
funds appropriated or made available in this mental impacts, including training and tech- the specific amounts of staff years of tech-
Act shall be used during a single fiscal year nical assistance to tribes, related adminis- nical effort to be allocated for each defense
for any single relocation of an organization, trative support, the gathering of informa- FFRDC by program during that fiscal year
unit, activity or function of the Department tion, documenting of environmental damage, and the associated budget estimates, by ap-
of Defense into or within the National Cap- and developing a system for prioritization of propriation account and program.
ital Region: Provided, That the Secretary of mitigation and cost to complete estimates (e) Notwithstanding any other provision of
Defense may waive this restriction on a case- for mitigation, on Indian lands resulting this Act, the total amount appropriated in
by-case basis by certifying in writing to the from Department of Defense activities. this Act for FFRDCs is hereby reduced by
congressional defense committees that such SEC. 8023. Funds appropriated by this Act $129,893,000: Provided, That this subsection
a relocation is required in the best interest for the Defense Media Activity shall not be shall not apply to appropriations for the Na-
of the Government. used for any national or international polit- tional Intelligence Program and Military In-
SEC. 8020. In addition to the funds provided ical or psychological activities. telligence Program.
elsewhere in this Act, $25,000,000 is appro- SEC. 8024. Of the amounts appropriated for SEC. 8027. For the purposes of this Act, the
priated only for incentive payments author- ‘‘Working Capital Fund, Army’’, $115,000,000 term ‘‘congressional defense committees’’
ized by section 504 of the Indian Financing shall be available to maintain competitive means the Armed Services Committee of the
Act of 1974 (25 U.S.C. 1544): Provided, That a rates at the arsenals. House of Representatives, the Armed Serv-
prime contractor or a subcontractor at any SEC. 8025. (a) Of the funds made available ices Committee of the Senate, the Sub-
tier that makes a subcontract award to any in this Act, not less than $64,800,000 shall be committee on Defense of the Committee on
subcontractor or supplier as defined in sec- available for the Civil Air Patrol Corpora- Appropriations of the Senate, and the Sub-
tion 1544 of title 25, United States Code, or a tion, of which— committee on Defense of the Committee on
small business owned and controlled by an (1) $51,300,000 shall be available from ‘‘Op- Appropriations of the House of Representa-
individual or individuals defined under sec- eration and Maintenance, Air Force’’ to sup- tives.
tion 4221(9) of title 25, United States Code, port Civil Air Patrol Corporation operation SEC. 8028. For the purposes of this Act, the
shall be considered a contractor for the pur- and maintenance, readiness, counter-drug term ‘‘congressional intelligence commit-
poses of being allowed additional compensa- activities, and drug demand reduction activi- tees’’ means the Permanent Select Com-
tion under section 504 of the Indian Financ- ties involving youth programs; mittee on Intelligence of the House of Rep-
ing Act of 1974 (25 U.S.C. 1544) whenever the (2) $11,600,000 shall be available from ‘‘Air- resentatives, the Select Committee on Intel-
prime contract or subcontract amount is craft Procurement, Air Force’’; and ligence of the Senate, the Subcommittee on
over $500,000 and involves the expenditure of (3) $1,900,000 shall be available from ‘‘Other Defense of the Committee on Appropriations
funds appropriated by an Act making appro- Procurement, Air Force’’ for vehicle pro- of the House of Representatives, and the
priations for the Department of Defense with curement. Subcommittee on Defense of the Committee
respect to any fiscal year: Provided further, (b) The Secretary of the Air Force should on Appropriations of the Senate.
SEC. 8029. During the current fiscal year,
That notwithstanding section 1906 of title 41, waive reimbursement for any funds used by
the Department of Defense may acquire the
United States Code, this section shall be ap- the Civil Air Patrol for counter-drug activi-
modification, depot maintenance and repair
plicable to any Department of Defense acqui- ties in support of Federal, State, and local
of aircraft, vehicles and vessels as well as the
sition of supplies or services, including any government agencies.
SEC. 8026. (a) None of the funds appro- production of components and other Defense-
contract and any subcontract at any tier for related articles, through competition be-
acquisition of commercial items produced or priated in this Act are available to establish
a new Department of Defense (department) tween Department of Defense depot mainte-
manufactured, in whole or in part, by any nance activities and private firms: Provided,
subcontractor or supplier defined in section federally funded research and development
That the Senior Acquisition Executive of the
1544 of title 25, United States Code, or a center (FFRDC), either as a new entity, or as
military department or Defense Agency con-
small business owned and controlled by an a separate entity administrated by an orga-
cerned, with power of delegation, shall cer-
individual or individuals defined under sec- nization managing another FFRDC, or as a
tify that successful bids include comparable
tion 4221(9) of title 25, United States Code. nonprofit membership corporation con-
estimates of all direct and indirect costs for
SEC. 8021. (a) Notwithstanding any other sisting of a consortium of other FFRDCs and
both public and private bids: Provided further,
provision of law, the Secretary of the Air other nonprofit entities.
That Office of Management and Budget Cir-
Force may convey at no cost to the Air (b) No member of a Board of Directors,
cular A–76 shall not apply to competitions
Force, without consideration, to Indian Trustees, Overseers, Advisory Group, Special
conducted under this section.
tribes located in the States of Nevada, Idaho, Issues Panel, Visiting Committee, or any SEC. 8030. (a) None of the funds appro-
North Dakota, South Dakota, Montana, Or- similar entity of a defense FFRDC, and no priated in this Act may be expended by an
egon, Minnesota, and Washington paid consultant to any defense FFRDC, ex- entity of the Department of Defense unless
relocatable military housing units located at cept when acting in a technical advisory ca- the entity, in expending the funds, complies
Grand Forks Air Force Base, Malmstrom Air pacity, may be compensated for his or her with the Buy American Act. For purposes of
Force Base, Mountain Home Air Force Base, services as a member of such entity, or as a this subsection, the term ‘‘Buy American
Ellsworth Air Force Base, and Minot Air paid consultant by more than one FFRDC in Act’’ means chapter 83 of title 41, United
Force Base that are excess to the needs of a fiscal year: Provided, That a member of any States Code.
the Air Force. such entity referred to previously in this (b) If the Secretary of Defense determines
(b) The Secretary of the Air Force shall subsection shall be allowed travel expenses that a person has been convicted of inten-
convey, at no cost to the Air Force, military and per diem as authorized under the Federal tionally affixing a label bearing a ‘‘Made in
housing units under subsection (a) in accord- Joint Travel Regulations, when engaged in America’’ inscription to any product sold in
ance with the request for such units that are the performance of membership duties. or shipped to the United States that is not
submitted to the Secretary by the Operation (c) Notwithstanding any other provision of made in America, the Secretary shall deter-
Walking Shield Program on behalf of Indian law, none of the funds available to the de- mine, in accordance with section 4658 of title
tribes located in the States of Nevada, Idaho, partment from any source during the current 10, United States Code, whether the person
North Dakota, South Dakota, Montana, Or- fiscal year may be used by a defense FFRDC, should be debarred from contracting with
egon, Minnesota, and Washington. Any such through a fee or other payment mechanism, the Department of Defense.
conveyance shall be subject to the condition for construction of new buildings not located (c) In the case of any equipment or prod-
that the housing units shall be removed on a military installation, for payment of ucts purchased with appropriations provided
within a reasonable period of time, as deter- cost sharing for projects funded by Govern- under this Act, it is the sense of the Congress
mined by the Secretary. ment grants, for absorption of contract over- that any entity of the Department of De-
(c) The Operation Walking Shield Program runs, or for certain charitable contributions, fense, in expending the appropriation, pur-
dlhill on DSK120RN23PROD with SENATE
shall resolve any conflicts among requests of not to include employee participation in chase only American-made equipment and
Indian tribes for housing units under sub- community service and/or development. products, provided that American-made
section (a) before submitting requests to the (d) Notwithstanding any other provision of equipment and products are cost-competi-
Secretary of the Air Force under subsection law, of the funds available to the department tive, quality competitive, and available in a
(b). during fiscal year 2023, not more than timely fashion.
(d) In this section, the term ‘‘Indian tribe’’ $2,788,107,000 may be funded for professional SEC. 8031. None of the funds appropriated
means any recognized Indian tribe included technical staff-related costs of the defense or made available in this Act shall be used to
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7367
procure carbon, alloy, or armor steel plate vided, That none of the funds provided under and exercising with foreign security forces:
for use in any Government-owned facility or this section may be obligated or expended Provided, That funds made available for this
property under the control of the Depart- until 90 days after the Secretary of Defense purpose may be used, notwithstanding any
ment of Defense which were not melted and provides the Committees on Appropriations other funding authorities for humanitarian
rolled in the United States or Canada: Pro- of the House of Representatives and the Sen- assistance, security assistance or combined
vided, That these procurement restrictions ate a detailed execution plan for such funds. exercise expenses: Provided further, That
shall apply to any and all Federal Supply SEC. 8035. None of the funds in this Act funds may not be obligated to provide assist-
Class 9515, American Society of Testing and may be used to purchase any supercomputer ance to any foreign country that is other-
Materials (ASTM) or American Iron and which is not manufactured in the United wise prohibited from receiving such type of
Steel Institute (AISI) specifications of car- States, unless the Secretary of Defense cer- assistance under any other provision of law.
bon, alloy or armor steel plate: Provided fur- tifies to the congressional defense commit- SEC. 8041. The Secretary of Defense shall
ther, That the Secretary of the military de- tees that such an acquisition must be made issue regulations to prohibit the sale of any
partment responsible for the procurement in order to acquire capability for national se- tobacco or tobacco-related products in mili-
may waive this restriction on a case-by-case curity purposes that is not available from tary resale outlets in the United States, its
basis by certifying in writing to the Commit- United States manufacturers. territories and possessions at a price below
tees on Appropriations of the House of Rep- SEC. 8036. (a) The Secretary of Defense the most competitive price in the local com-
resentatives and the Senate that adequate may, on a case-by-case basis, waive with re- munity: Provided, That such regulations
domestic supplies are not available to meet spect to a foreign country each limitation on shall direct that the prices of tobacco or to-
Department of Defense requirements on a the procurement of defense items from for- bacco-related products in overseas military
timely basis and that such an acquisition eign sources provided in law if the Secretary retail outlets shall be within the range of
must be made in order to acquire capability determines that the application of the limi- prices established for military retail system
for national security purposes: Provided fur- tation with respect to that country would in- stores located in the United States.
ther, That these restrictions shall not apply validate cooperative programs entered into SEC. 8042. (a) During the current fiscal
to contracts which are in being as of the date between the Department of Defense and the year, none of the appropriations or funds
of the enactment of this Act. foreign country, or would invalidate recip- available to the Department of Defense
SEC. 8032. (a)(1) If the Secretary of Defense, rocal trade agreements for the procurement Working Capital Funds shall be used for the
after consultation with the United States of defense items entered into under section purchase of an investment item for the pur-
Trade Representative, determines that a for- 4851 of title 10, United States Code, and the pose of acquiring a new inventory item for
eign country which is party to an agreement country does not discriminate against the sale or anticipated sale during the current
described in paragraph (2) has violated the same or similar defense items produced in fiscal year or a subsequent fiscal year to cus-
terms of the agreement by discriminating the United States for that country. tomers of the Department of Defense Work-
against certain types of products produced in (b) Subsection (a) applies with respect to— ing Capital Funds if such an item would not
the United States that are covered by the (1) contracts and subcontracts entered into have been chargeable to the Department of
agreement, the Secretary of Defense shall re- on or after the date of the enactment of this Defense Business Operations Fund during fis-
scind the Secretary’s blanket waiver of the Act; and cal year 1994 and if the purchase of such an
Buy American Act with respect to such (2) options for the procurement of items investment item would be chargeable during
types of products produced in that foreign that are exercised after such date under con- the current fiscal year to appropriations
country. tracts that are entered into before such date made to the Department of Defense for pro-
(2) An agreement referred to in paragraph if the option prices are adjusted for any rea- curement.
(1) is any reciprocal defense procurement son other than the application of a waiver (b) The fiscal year 2024 budget request for
memorandum of understanding, between the granted under subsection (a). the Department of Defense as well as all jus-
United States and a foreign country pursu- (c) Subsection (a) does not apply to a limi- tification material and other documentation
ant to which the Secretary of Defense has tation regarding construction of public ves- supporting the fiscal year 2024 Department of
prospectively waived the Buy American Act sels, ball and roller bearings, food, and cloth- Defense budget shall be prepared and sub-
for certain products in that country. ing or textile materials as defined by section mitted to the Congress on the basis that any
(b) The Secretary of Defense shall submit XI (chapters 50–65) of the Harmonized Tariff equipment which was classified as an end
to the Congress a report on the amount of Schedule of the United States and products item and funded in a procurement appropria-
Department of Defense purchases from for- classified under headings 4010, 4202, 4203, 6401 tion contained in this Act shall be budgeted
eign entities in fiscal year 2023. Such report through 6406, 6505, 7019, 7218 through 7229, for in a proposed fiscal year 2024 procure-
shall separately indicate the dollar value of 7304.41 through 7304.49, 7306.40, 7502 through ment appropriation and not in the supply
items for which the Buy American Act was 7508, 8105, 8108, 8109, 8211, 8215, and 9404. management business area or any other area
waived pursuant to any agreement described SEC. 8037. None of the funds made available or category of the Department of Defense
in subsection (a)(2), the Trade Agreements in this Act, or any subsequent Act making Working Capital Funds.
Act of 1979 (19 U.S.C. 2501 et seq.), or any appropriations for the Department of De- SEC. 8043. None of the funds appropriated
international agreement to which the United fense, may be used for the purchase or manu- by this Act for programs of the Central In-
States is a party. facture of a flag of the United States unless telligence Agency shall remain available for
(c) For purposes of this section, the term such flags are treated as covered items under obligation beyond the current fiscal year, ex-
‘‘Buy American Act’’ means chapter 83 of section 4862(b) of title 10, United States cept for funds appropriated for the Reserve
title 41, United States Code. Code. for Contingencies, which shall remain avail-
SEC. 8033. None of the funds appropriated SEC. 8038. During the current fiscal year, able until September 30, 2024: Provided, That
by this Act may be used for the procurement amounts contained in the Department of De- funds appropriated, transferred, or otherwise
of ball and roller bearings other than those fense Overseas Military Facility Investment credited to the Central Intelligence Agency
produced by a domestic source and of domes- Recovery Account shall be available until Central Services Working Capital Fund dur-
tic origin: Provided, That the Secretary of expended for the payments specified by sec- ing this or any prior or subsequent fiscal
the military department responsible for such tion 2687a(b)(2) of title 10, United States year shall remain available until expended:
procurement may waive this restriction on a Code. Provided further, That any funds appropriated
case-by-case basis by certifying in writing to SEC. 8039. During the current fiscal year,
or transferred to the Central Intelligence
the Committees on Appropriations of the appropriations which are available to the De-
Agency for advanced research and develop-
House of Representatives and the Senate, partment of Defense for operation and main-
ment acquisition, for agent operations, and
that adequate domestic supplies are not tenance may be used to purchase items hav-
for covert action programs authorized by the
available to meet Department of Defense re- ing an investment item unit cost of not more
President under section 503 of the National
quirements on a timely basis and that such than $350,000: Provided, That upon determina-
Security Act of 1947 (50 U.S.C. 3093) shall re-
an acquisition must be made in order to ac- tion by the Secretary of Defense that such
main available until September 30, 2024: Pro-
quire capability for national security pur- action is necessary to meet the operational
vided further, That any funds appropriated or
poses: Provided further, That this restriction requirements of a Commander of a Combat-
transferred to the Central Intelligence Agen-
shall not apply to the purchase of ‘‘commer- ant Command engaged in a named contin-
cy for the construction, improvement, or al-
cial products’’, as defined by section 103 of gency operation overseas, such funds may be
teration of facilities, including leased facili-
title 41, United States Code, except that the used to purchase items having an investment
ties, to be used primarily by personnel of the
restriction shall apply to ball or roller bear- item unit cost of not more than $500,000.
SEC. 8040. Up to $13,720,000 of the funds ap- intelligence community, shall remain avail-
ings purchased as end items.
SEC. 8034. In addition to any other funds propriated under the heading ‘‘Operation and able until September 30, 2025.
dlhill on DSK120RN23PROD with SENATE
made available for such purposes, there is Maintenance, Navy’’ may be made available (INCLUDING TRANSFER OF FUNDS)
appropriated $93,500,000, for an additional for the Asia Pacific Regional Initiative Pro- SEC. 8044. Of the funds appropriated in this
amount for the ‘‘National Defense Stockpile gram for the purpose of enabling the United Act under the heading ‘‘Operation and Main-
Transaction Fund’’, to remain available States Indo-Pacific Command to execute tenance, Defense-Wide’’, $47,000,000 shall be
until September 30, 2025, for activities pursu- Theater Security Cooperation activities such for continued implementation and expansion
ant to the Strategic and Critical Materials as humanitarian assistance, and payment of of the Sexual Assault Special Victims’ Coun-
Stock Piling Act (50 U.S.C. 98 et seq.): Pro- incremental and personnel costs of training sel Program: Provided, That the funds are
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S7368 CONGRESSIONAL RECORD — SENATE December 19, 2022
made available for transfer to the Depart- (b)(1) The Department of Defense, without SEC. 8048. None of the funds available in
ment of the Army, the Department of the regard to subsection (a) of this section or this Act may be used to reduce the author-
Navy, and the Department of the Air Force: subsection (a), (b), or (c) of section 2461 of ized positions for military technicians (dual
Provided further, That funds transferred shall title 10, United States Code, and notwith- status) of the Army National Guard, Air Na-
be merged with and available for the same standing any administrative regulation, re- tional Guard, Army Reserve and Air Force
purposes and for the same time period as the quirement, or policy to the contrary shall Reserve for the purpose of applying any ad-
appropriations to which the funds are trans- have full authority to enter into a contract ministratively imposed civilian personnel
ferred: Provided further, That this transfer for the performance of any commercial or in- ceiling, freeze, or reduction on military tech-
authority is in addition to any other transfer dustrial type function of the Department of nicians (dual status), unless such reductions
authority provided in this Act. Defense that— are a direct result of a reduction in military
SEC. 8045. (a) Except as provided in sub- (A) is included on the procurement list es- force structure.
sections (b) and (c), none of the funds made tablished pursuant to section 2 of the Javits- SEC. 8049. None of the funds appropriated
available by this Act may be used— Wagner-O’Day Act (section 8503 of title 41, or otherwise made available in this Act may
(1) to establish a field operating agency; or United States Code); be obligated or expended for assistance to
(2) to pay the basic pay of a member of the (B) is planned to be converted to perform- the Democratic People’s Republic of Korea
Armed Forces or civilian employee of the de- ance by a qualified nonprofit agency for the unless specifically appropriated for that pur-
partment who is transferred or reassigned blind or by a qualified nonprofit agency for pose: Provided, That this restriction shall not
from a headquarters activity if the member other severely handicapped individuals in ac- apply to any activities incidental to the De-
or employee’s place of duty remains at the cordance with that Act; or fense POW/MIA Accounting Agency mission
location of that headquarters. (C) is planned to be converted to perform- to recover and identify the remains of United
(b) The Secretary of Defense or Secretary ance by a qualified firm under at least 51 per- States Armed Forces personnel from the
of a military department may waive the lim- cent ownership by an Indian tribe, as defined Democratic People’s Republic of Korea.
itations in subsection (a), on a case-by-case SEC. 8050. Funds appropriated in this Act
in section 4(e) of the Indian Self-Determina-
basis, if the Secretary determines, and cer- for operation and maintenance of the Mili-
tion and Education Assistance Act (25 U.S.C.
tifies to the Committees on Appropriations tary Departments, Combatant Commands
450b(e)), or a Native Hawaiian Organization,
of the House of Representatives and the Sen- and Defense Agencies shall be available for
as defined in section 8(a)(15) of the Small
ate that the granting of the waiver will re- reimbursement of pay, allowances and other
Business Act (15 U.S.C. 637(a)(15)).
duce the personnel requirements or the fi- expenses which would otherwise be incurred
(2) This section shall not apply to depot
nancial requirements of the department. against appropriations for the National
contracts or contracts for depot mainte-
(c) This section does not apply to— Guard and Reserve when members of the Na-
nance as provided in sections 2469 and 2474 of
(1) field operating agencies funded within tional Guard and Reserve provide intel-
title 10, United States Code.
the National Intelligence Program; ligence or counterintelligence support to
(c) The conversion of any activity or func-
(2) an Army field operating agency estab- Combatant Commands, Defense Agencies and
tion of the Department of Defense under the
lished to eliminate, mitigate, or counter the Joint Intelligence Activities, including the
authority provided by this section shall be
effects of improvised explosive devices, and, activities and programs included within the
credited toward any competitive or out-
as determined by the Secretary of the Army, National Intelligence Program and the Mili-
sourcing goal, target, or measurement that
other similar threats; tary Intelligence Program: Provided, That
may be established by statute, regulation, or
(3) an Army field operating agency estab- nothing in this section authorizes deviation
policy and is deemed to be awarded under the from established Reserve and National Guard
lished to improve the effectiveness and effi-
authority of, and in compliance with, sub- personnel and training procedures.
ciencies of biometric activities and to inte-
section (h) of section 2304 of title 10, United SEC. 8051. (a) None of the funds available to
grate common biometric technologies
States Code, for the competition or out- the Department of Defense for any fiscal
throughout the Department of Defense; or
sourcing of commercial activities. year for drug interdiction or counter-drug
(4) an Air Force field operating agency es-
tablished to administer the Air Force Mor- (RESCISSIONS) activities may be transferred to any other
tuary Affairs Program and Mortuary Oper- SEC. 8047. Of the funds appropriated in De- department or agency of the United States
ations for the Department of Defense and au- partment of Defense Appropriations Acts, except as specifically provided in an appro-
thorized Federal entities. the following funds are hereby rescinded priations law.
SEC. 8046. (a) None of the funds appro- from the following accounts and programs in (b) None of the funds available to the Cen-
priated by this Act shall be available to con- the specified amounts: Provided, That no tral Intelligence Agency for any fiscal year
vert to contractor performance an activity amounts may be rescinded from amounts for drug interdiction or counter-drug activi-
or function of the Department of Defense that were designated by the Congress as an ties may be transferred to any other depart-
that, on or after the date of the enactment of emergency requirement pursuant to a con- ment or agency of the United States except
this Act, is performed by Department of De- current resolution on the budget or the Bal- as specifically provided in an appropriations
fense civilian employees unless— anced Budget and Emergency Deficit Control law.
(1) the conversion is based on the result of Act of 1985: SEC. 8052. In addition to the amounts ap-
a public-private competition that includes a ‘‘Aircraft Procurement, Army’’, 2021/2023, propriated or otherwise made available else-
most efficient and cost effective organiza- $7,300,000; where in this Act, $49,000,000 is hereby appro-
priated to the Department of Defense: Pro-
tion plan developed by such activity or func- ‘‘Other Procurement, Army’’, 2021/2023,
vided, That upon the determination of the
tion; $3,177,000;
Secretary of Defense that it shall serve the
(2) the Competitive Sourcing Official deter- ‘‘Aircraft Procurement, Air Force’’, 2021/
national interest, the Secretary shall make
mines that, over all performance periods 2023, $115,804,000;
grants in the amounts specified as follows:
stated in the solicitation of offers for per- ‘‘Operation and Maintenance, Defense-
$24,000,000 to the United Service Organiza-
formance of the activity or function, the Wide’’, 2022/2023, $105,000,000;
tions and $25,000,000 to the Red Cross.
cost of performance of the activity or func- ‘‘Counter-ISIS Train and Equip Fund’’, SEC. 8053. Notwithstanding any other pro-
tion by a contractor would be less costly to 2022/2023, $65,000,000; vision in this Act, the Small Business Inno-
the Department of Defense by an amount ‘‘Aircraft Procurement, Army’’, 2022/2024, vation Research program and the Small
that equals or exceeds the lesser of— $9,437,000; Business Technology Transfer program set-
(A) 10 percent of the most efficient organi- ‘‘Other Procurement, Army’’, 2022/2024, asides shall be taken proportionally from all
zation’s personnel-related costs for perform- $71,544,000; programs, projects, or activities to the ex-
ance of that activity or function by Federal ‘‘Shipbuilding and Conversion, Navy: CVN tent they contribute to the extramural budg-
employees; or Refueling Overhauls’’, 2022/2026, $191,000,000; et. The Secretary of each military depart-
(B) $10,000,000; and ‘‘Shipbuilding and Conversion, Navy: Serv- ment, the Director of each Defense Agency,
(3) the contractor does not receive an ad- ice Craft’’, 2022/2026, $6,092,000; and the head of each other relevant compo-
vantage for a proposal that would reduce ‘‘Aircraft Procurement, Air Force’’, 2022/ nent of the Department of Defense shall sub-
costs for the Department of Defense by— 2024, $205,568,000; mit to the congressional defense commit-
(A) not making an employer-sponsored ‘‘Other Procurement, Air Force’’, 2022/2024, tees, concurrent with submission of the
health insurance plan available to the work- $9,100,000; budget justification documents to Congress
ers who are to be employed in the perform- ‘‘Procurement, Space Force’’, 2022/2024, pursuant to section 1105 of title 31, United
ance of that activity or function under the $7,000,000; States Code, a report with a detailed ac-
contract; or ‘‘Research, Development, Test and Evalua- counting of the Small Business Innovation
(B) offering to such workers an employer- tion, Army’’, 2022/2023, $26,700,000; Research program and the Small Business
dlhill on DSK120RN23PROD with SENATE
sponsored health benefits plan that requires ‘‘Research, Development, Test and Evalua- Technology Transfer program set-asides
the employer to contribute less towards the tion, Air Force’’, 2022/2023, $117,727,000; taken from programs, projects, or activities
premium or subscription share than the ‘‘Research, Development, Test and Evalua- within such department, agency, or compo-
amount that is paid by the Department of tion, Space Force’’, 2022/2023, $113,400,000; and nent during the most recently completed fis-
Defense for health benefits for civilian em- ‘‘Defense Counterintelligence and Security cal year.
ployees under chapter 89 of title 5, United Agency Working Capital Fund’’, XXXX/ SEC. 8054. None of the funds available to
States Code. XXXX, $30,000,000. the Department of Defense under this Act
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7369
shall be obligated or expended to pay a con- SEC. 8058. (a) None of the funds appro- Department of Defense Appropriations Acts
tractor under a contract with the Depart- priated or otherwise made available by this may be obligated or expended for the purpose
ment of Defense for costs of any amount paid or prior Acts may be obligated or expended of performing repairs or maintenance to
by the contractor to an employee when— to retire, prepare to retire, or place in stor- military family housing units of the Depart-
(1) such costs are for a bonus or otherwise age or on backup aircraft inventory status ment of Defense, including areas in such
in excess of the normal salary paid by the any C–40 aircraft. military family housing units that may be
contractor to the employee; and (b) The limitation under subsection (a) used for the purpose of conducting official
(2) such bonus is part of restructuring costs shall not apply to an individual C–40 aircraft Department of Defense business.
associated with a business combination. that the Secretary of the Air Force deter- SEC. 8061. Notwithstanding any other pro-
(INCLUDING TRANSFER OF FUNDS)
mines, on a case-by-case basis, to be no vision of law, funds appropriated in this Act
longer mission capable due to a Class A mis- under the heading ‘‘Research, Development,
SEC. 8055. During the current fiscal year, hap.
no more than $30,000,000 of appropriations Test and Evaluation, Defense-Wide’’ for any
(c) If the Secretary determines under sub- new start defense innovation acceleration or
made in this Act under the heading ‘‘Oper- section (b) that an aircraft is no longer mis-
ation and Maintenance, Defense-Wide’’ may rapid prototyping program demonstration
sion capable, the Secretary shall submit to project with a value of more than $5,000,000
be transferred to appropriations available for the congressional defense committees a cer-
the pay of military personnel, to be merged may only be obligated 15 days after a report,
tification in writing that the status of such including a description of the project, the
with, and to be available for the same time aircraft is due to a Class A mishap and not
period as the appropriations to which trans- planned acquisition and transition strategy
due to lack of maintenance, repairs, or other and its estimated annual and total cost, has
ferred, to be used in support of such per- reasons.
sonnel in connection with support and serv- been provided in writing to the congressional
(d) Not later than 90 days after the date of
ices for eligible organizations and activities defense committees: Provided, That the Sec-
the enactment of this Act, the Secretary of
outside the Department of Defense pursuant retary of Defense may waive this restriction
Defense shall submit to the congressional de-
to section 2012 of title 10, United States on a case-by-case basis by certifying to the
fense committees a report on the necessary
Code. steps taken by the Department of Defense to congressional defense committees that it is
SEC. 8056. During the current fiscal year, in meet the travel requirements for official or in the national interest to do so.
the case of an appropriation account of the SEC. 8062. The Secretary of Defense shall
representational duties of members of Con-
continue to provide a classified quarterly re-
Department of Defense for which the period gress and the Cabinet in fiscal years 2023 and
2024. port to the Committees on Appropriations of
of availability for obligation has expired or
SEC. 8059. (a) None of the funds appro- the House of Representatives and the Senate,
which has closed under the provisions of sec-
priated in title IV of this Act may be used to Subcommittees on Defense on certain mat-
tion 1552 of title 31, United States Code, and
procure end-items for delivery to military ters as directed in the classified annex ac-
which has a negative unliquidated or unex-
forces for operational training, operational companying this Act.
pended balance, an obligation or an adjust-
use, or inventory requirements: Provided, SEC. 8063. Notwithstanding section 12310(b)
ment of an obligation may be charged to any
That this restriction does not apply to end- of title 10, United States Code, a Reserve
current appropriation account for the same
items used in development, prototyping in who is a member of the National Guard serv-
purpose as the expired or closed account if—
accordance with an approved test strategy, ing on full-time National Guard duty under
(1) the obligation would have been properly
and test activities preceding and leading to section 502(f) of title 32, United States Code,
chargeable (except as to amount) to the ex-
acceptance for operational use. may perform duties in support of the ground-
pired or closed account before the end of the
(b) If the number of end-items budgeted based elements of the National Ballistic Mis-
period of availability or closing of that ac-
with funds appropriated in title IV of this sile Defense System.
count;
Act exceeds the number required in an ap- SEC. 8064. None of the funds provided in
(2) the obligation is not otherwise properly
proved test strategy, the Under Secretary of this Act may be used to transfer to any non-
chargeable to any current appropriation ac-
Defense (Research and Engineering) and the governmental entity ammunition held by
count of the Department of Defense; and
Under Secretary of Defense (Acquisition and the Department of Defense that has a center-
(3) in the case of an expired account, the
Sustainment), in coordination with the re- fire cartridge and a United States military
obligation is not chargeable to a current ap-
sponsible Service Acquisition Executive, nomenclature designation of ‘‘armor pene-
propriation of the Department of Defense
shall certify in writing to the congressional trator’’, ‘‘armor piercing (AP)’’, ‘‘armor
under the provisions of section 1405(b)(8) of
defense committees that there is a bonafide piercing incendiary (API)’’, or ‘‘armor-pierc-
the National Defense Authorization Act for
need for the additional end-items at the time ing incendiary tracer (API–T)’’, except to an
Fiscal Year 1991, Public Law 101–510, as
of submittal to Congress of the budget of the entity performing demilitarization services
amended (31 U.S.C. 1551 note): Provided, That
President for fiscal year 2024 pursuant to sec- for the Department of Defense under a con-
in the case of an expired account, if subse-
tion 1105 of title 31, United States Code: Pro- tract that requires the entity to dem-
quent review or investigation discloses that
vided, That this restriction does not apply to onstrate to the satisfaction of the Depart-
there was not in fact a negative unliquidated
programs funded within the National Intel- ment of Defense that armor piercing projec-
or unexpended balance in the account, any
ligence Program. tiles are either: (1) rendered incapable of
charge to a current account under the au- (c) The Secretary of Defense shall, at the reuse by the demilitarization process; or (2)
thority of this section shall be reversed and time of the submittal to Congress of the used to manufacture ammunition pursuant
recorded against the expired account: Pro- budget of the President for fiscal year 2024 to a contract with the Department of De-
vided further, That the total amount charged pursuant to section 1105 of title 31, United fense or the manufacture of ammunition for
to a current appropriation under this section States Code, submit to the congressional de- export pursuant to a License for Permanent
may not exceed an amount equal to 1 percent fense committees a report detailing the use Export of Unclassified Military Articles
of the total appropriation for that account: of funds requested in research, development, issued by the Department of State.
Provided, That the Under Secretary of De- test and evaluation accounts for end-items SEC. 8065. Notwithstanding any other pro-
fense (Comptroller) shall include with the used in development, prototyping and test vision of law, the Chief of the National
budget of the President for fiscal year 2024 activities preceding and leading to accept- Guard Bureau, or their designee, may waive
(as submitted to Congress pursuant to sec- ance for operational use: Provided, That the payment of all or part of the consideration
tion 1105 of title 31, United States Code) a report shall set forth, for each end item cov- that otherwise would be required under sec-
statement describing each instance if any, ered by the preceding proviso, a detailed list tion 2667 of title 10, United States Code, in
during each of the fiscal years 2016 through of the statutory authorities under which the case of a lease of personal property for a
2023 in which the authority in this section amounts in the accounts described in that period not in excess of 1 year to any organi-
was exercised. proviso were used for such item: Provided fur- zation specified in section 508(d) of title 32,
SEC. 8057. (a) Notwithstanding any other ther, That the Secretary of Defense shall, at United States Code, or any other youth, so-
provision of law, the Chief of the National the time of the submittal to Congress of the cial, or fraternal nonprofit organization as
Guard Bureau may permit the use of equip- budget of the President for fiscal year 2024 may be approved by the Chief of the National
ment of the National Guard Distance Learn- pursuant to section 1105 of title 31, United Guard Bureau, or their designee, on a case-
ing Project by any person or entity on a States Code, submit to the congressional de- by-case basis.
space-available, reimbursable basis. The fense committees a certification that funds
Chief of the National Guard Bureau shall es- (INCLUDING TRANSFER OF FUNDS)
requested for fiscal year 2024 in research, de-
tablish the amount of reimbursement for velopment, test and evaluation accounts are SEC. 8066. Of the amounts appropriated in
such use on a case-by-case basis. in compliance with this section: Provided fur- this Act under the heading ‘‘Operation and
(b) Amounts collected under subsection (a) ther, That the Secretary of Defense may Maintenance, Army’’, $158,967,374 shall re-
dlhill on DSK120RN23PROD with SENATE
shall be credited to funds available for the waive this restriction on a case-by-case basis main available until expended: Provided,
National Guard Distance Learning Project by certifying in writing to the Committees That, notwithstanding any other provision
and be available to defray the costs associ- on Appropriations of the House of Represent- of law, the Secretary of Defense is author-
ated with the use of equipment of the project atives and the Senate that it is in the na- ized to transfer such funds to other activities
under that subsection. Such funds shall be tional security interest to do so. of the Federal Government: Provided further,
available for such purposes without fiscal SEC. 8060. None of the funds appropriated That the Secretary of Defense is authorized
year limitation. or otherwise made available by this or other to enter into and carry out contracts for the
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S7370 CONGRESSIONAL RECORD — SENATE December 19, 2022
acquisition of real property, construction, and for the same time period, as the appro- ties of Arrow 3 Upper Tier systems in the
personal services, and operations related to priation to which transferred: Provided fur- United States and in Israel to meet Israel’s
projects carrying out the purposes of this ther, That the transfer authority provided defense requirements consistent with each
section: Provided further, That contracts en- under this section is in addition to any other nation’s laws, regulations, and procedures,
tered into under the authority of this section transfer authority provided elsewhere in this subject to the U.S.-Israeli co-production
may provide for such indemnification as the Act. agreement for Arrow 3 Upper Tier, as amend-
Secretary determines to be necessary: Pro- (INCLUDING TRANSFER OF FUNDS)
ed; and $173,000,000 shall be for the Arrow
vided further, That projects authorized by System Improvement Program including de-
SEC. 8069. During the current fiscal year, velopment of a long range, ground and air-
this section shall comply with applicable not to exceed $11,000,000 from each of the ap-
Federal, State, and local law to the max- borne, detection suite: Provided further, That
propriations made in title II of this Act for the transfer authority provided under this
imum extent consistent with the national se- ‘‘Operation and Maintenance, Army’’, ‘‘Oper-
curity, as determined by the Secretary of provision is in addition to any other transfer
ation and Maintenance, Navy’’, and ‘‘Oper- authority contained in this Act.
Defense. ation and Maintenance, Air Force’’ may be
SEC. 8067. (a) None of the funds appro- SEC. 8074. Of the amounts appropriated in
transferred by the military department con- this Act under the heading ‘‘Shipbuilding
priated in this or any other Act may be used
cerned to its central fund established for and Conversion, Navy’’, $1,312,646,000 shall be
to take any action to modify—
Fisher Houses and Suites pursuant to section available until September 30, 2023, to fund
(1) the appropriations account structure
2493(d) of title 10, United States Code. prior year shipbuilding cost increases for the
for the National Intelligence Program budg-
(INCLUDING TRANSFER OF FUNDS) following programs:
et, including through the creation of a new
SEC. 8070. Of the amounts appropriated for (1) Under the heading ‘‘Shipbuilding and
appropriation or new appropriation account;
‘‘Operation and Maintenance, Navy’’, up to Conversion, Navy’’, 2013/2023: Carrier Re-
(2) how the National Intelligence Program
$1,000,000 shall be available for transfer to placement Program, $461,700,000;
budget request is presented in the unclassi-
the John C. Stennis Center for Public Serv- (2) Under the heading ‘‘Shipbuilding and
fied P–1, R–1, and O–1 documents supporting
ice Development Trust Fund established Conversion, Navy’’, 2015/2023: Virginia Class
the Department of Defense budget request;
Submarine Program, $46,060,000;
(3) the process by which the National Intel- under section 116 of the John C. Stennis Cen-
(3) Under the heading ‘‘Shipbuilding and
ligence Program appropriations are appor- ter for Public Service Training and Develop-
Conversion, Navy’’, 2015/2023: DDG–51 De-
tioned to the executing agencies; or ment Act (2 U.S.C. 1105).
stroyer, $30,231,000;
(4) the process by which the National Intel- SEC. 8071. None of the funds available to
(4) Under the heading ‘‘Shipbuilding and
ligence Program appropriations are allotted, the Department of Defense may be obligated
Conversion, Navy’’, 2015/2023: Littoral Com-
obligated and disbursed. to modify command and control relation-
bat Ship, $4,250,000;
(b) Nothing in subsection (a) shall be con- ships to give Fleet Forces Command oper-
(5) Under the heading ‘‘Shipbuilding and
strued to prohibit the merger of programs or ational and administrative control of United
Conversion, Navy’’, 2016/2023: DDG–51 De-
changes to the National Intelligence Pro- States Navy forces assigned to the Pacific
stroyer, $24,238,000;
gram budget at or below the Expenditure fleet: Provided, That the command and con-
(6) Under the heading ‘‘Shipbuilding and
Center level, provided such change is other- trol relationships which existed on October
Conversion, Navy’’, 2016/2023: Virginia Class
wise in accordance with paragraphs (1)–(3) of 1, 2004, shall remain in force until a written Submarine Program, $58,642,000;
subsection (a). modification has been proposed to the Com- (7) Under the heading ‘‘Shipbuilding and
(c) The Director of National Intelligence mittees on Appropriations of the House of Conversion, Navy’’, 2016/2023: TAO Fleet
and the Secretary of Defense may jointly, Representatives and the Senate: Provided fur- Oiler, $9,200,000;
only for the purposes of achieving auditable ther, That the proposed modification may be (8) Under the heading ‘‘Shipbuilding and
financial statements and improving fiscal re- implemented 30 days after the notification Conversion, Navy’’, 2016/2023: Littoral Com-
porting, study and develop detailed proposals unless an objection is received from either bat Ship, $18,000,000;
for alternative financial management proc- the House or Senate Appropriations Commit- (9) Under the heading ‘‘Shipbuilding and
esses. Such study shall include a comprehen- tees: Provided further, That any proposed Conversion, Navy’’, 2016/2023: CVN Refueling
sive counterintelligence risk assessment to modification shall not preclude the ability of Overhauls, $62,000,000;
ensure that none of the alternative processes the commander of United States Indo-Pacific (10) Under the heading ‘‘Shipbuilding and
will adversely affect counterintelligence. Command to meet operational requirements. Conversion, Navy’’, 2016/2023: Towing, Sal-
(d) Upon development of the detailed pro- SEC. 8072. Any notice that is required to be
vage, and Rescue Ship Program, $1,750,000;
posals defined under subsection (c), the Di- submitted to the Committees on Appropria-
(11) Under the heading ‘‘Shipbuilding and
rector of National Intelligence and the Sec- tions of the House of Representatives and
Conversion, Navy’’, 2017/2023: DDG–51 De-
retary of Defense shall— the Senate under section 3601 of title 10,
stroyer, $168,178,000;
(1) provide the proposed alternatives to all United States Code, as added by section
(12) Under the heading ‘‘Shipbuilding and
affected agencies; 804(a) of the James M. Inhofe National De-
Conversion, Navy’’, 2017/2023: LPD–17,
(2) receive certification from all affected fense Authorization Act for Fiscal Year 2023,
$17,739,000;
agencies attesting that the proposed alter- after the date of the enactment of this Act
(13) Under the heading ‘‘Shipbuilding and
natives will help achieve auditability, im- shall be submitted pursuant to that require-
Conversion, Navy’’, 2017/2023: LHA Replace-
prove fiscal reporting, and will not adversely ment concurrently to the Subcommittees on
ment Program, $19,300,000;
affect counterintelligence; and Defense of the Committees on Appropria-
(14) Under the heading ‘‘Shipbuilding and
(3) not later than 30 days after receiving all tions of the House of Representatives and
Conversion, Navy’’, 2017/2023: Littoral Com-
necessary certifications under paragraph (2), the Senate.
bat Ship, $29,030,000;
present the proposed alternatives and certifi- (INCLUDING TRANSFER OF FUNDS) (15) Under the heading ‘‘Shipbuilding and
cations to the congressional defense and in- SEC. 8073. Of the amounts appropriated in Conversion, Navy’’, 2018/2023: DDG–51 De-
telligence committees. this Act under the headings ‘‘Procurement, stroyer, $5,930,000;
(INCLUDING TRANSFER OF FUNDS) Defense-Wide’’ and ‘‘Research, Development, (16) Under the heading ‘‘Shipbuilding and
SEC. 8068. In addition to amounts made Test and Evaluation, Defense-Wide’’, Conversion, Navy’’, 2018/2023: Littoral Com-
available elsewhere in this Act, $200,000,000 is $500,000,000 shall be for the Israeli Coopera- bat Ship, $9,538,000;
hereby appropriated to the Department of tive Programs: Provided, That of this (17) Under the heading ‘‘Shipbuilding and
Defense and made available for transfer to amount, $80,000,000 shall be for the Secretary Conversion, Navy’’, 2018/2023: TAO Fleet
operation and maintenance accounts, pro- of Defense to provide to the Government of Oiler, $12,500,000;
curement accounts, and research, develop- Israel for the procurement of the Iron Dome (18) Under the heading ‘‘Shipbuilding and
ment, test and evaluation accounts only for defense system to counter short-range rock- Conversion, Navy’’, 2018/2023: Towing, Sal-
those efforts by the United States Africa et threats, subject to the U.S.-Israel Iron vage, and Rescue Ship Program, $2,800,000;
Command or United States Southern Com- Dome Procurement Agreement, as amended; (19) Under the heading ‘‘Shipbuilding and
mand to expand cooperation or improve the $127,000,000 shall be for the Short Range Bal- Conversion, Navy’’, 2019/2023: Littoral Com-
capabilities of our allies and partners in listic Missile Defense (SRBMD) program, in- bat Ship, $6,983,000;
their areas of operation: Provided, That none cluding cruise missile defense research and (20) Under the heading ‘‘Shipbuilding and
of the funds provided under this section may development under the SRBMD program; Conversion, Navy’’, 2019/2023: TAO Fleet
be obligated or expended until 60 days after $40,000,000 shall be for co-production activi- Oiler, $106,400,000;
the Secretary of Defense provides to the con- ties of SRBMD systems in the United States (21) Under the heading ‘‘Shipbuilding and
gressional defense committees an execution and in Israel to meet Israel’s defense require- Conversion, Navy’’, 2019/2023: Towing, Sal-
dlhill on DSK120RN23PROD with SENATE
plan: Provided further, That not less than 30 ments consistent with each nation’s laws, vage, and Rescue Ship Program, $2,450,000;
days prior to any transfer of funds, the Sec- regulations, and procedures, subject to the (22) Under the heading ‘‘Shipbuilding and
retary of Defense shall notify the congres- U.S.-Israeli co-production agreement for Conversion, Navy’’, 2021/2023: Virginia Class
sional defense committees of the details of SRBMD, as amended; $80,000,000 shall be for Submarine Program, $200,000,000; and
any such transfer: Provided further, That an upper-tier component to the Israeli Mis- (23) Under the heading ‘‘Shipbuilding and
upon transfer, the funds shall be merged sile Defense Architecture, of which Conversion, Navy’’, 2021/2023: Towing, Sal-
with and available for the same purposes, $80,000,000 shall be for co-production activi- vage, and Rescue Ship Program, $15,727,000.
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7371
SEC. 8075. Funds appropriated by this Act, 2024, and except for funds appropriated for any other Act, upon the determination by
or made available by the transfer of funds in the purchase of real property, which shall re- the head of the agency that it shall serve the
this Act, for intelligence activities and intel- main available until September 30, 2025. national interest.
ligence-related activities not otherwise au- SEC. 8084. For purposes of section 1553(b) of (b) Subsection (a) shall not apply to a re-
thorized in the Intelligence Authorization title 31, United States Code, any subdivision port if—
Act for Fiscal Year 2023 are deemed to be of appropriations made in this Act under the (1) the public posting of the report com-
specifically authorized by the Congress for heading ‘‘Shipbuilding and Conversion, promises national security; or
purposes of section 504 of the National Secu- Navy’’ shall be considered to be for the same (2) the report contains proprietary infor-
rity Act of 1947 (50 U.S.C. 3094). purpose as any subdivision under the heading mation.
SEC. 8076. None of the funds provided in ‘‘Shipbuilding and Conversion, Navy’’ appro- (c) The head of the agency posting such re-
this Act shall be available for obligation or priations in any prior fiscal year, and the 1 port shall do so only after such report has
expenditure through a reprogramming of percent limitation shall apply to the total been made available to the requesting Com-
funds that creates or initiates a new pro- amount of the appropriation. mittee or Committees of Congress for no less
gram, project, or activity unless such pro- SEC. 8085. (a) Not later than 60 days after than 45 days.
gram, project, or activity must be under- the date of enactment of this Act, the Direc- SEC. 8089. (a) None of the funds appro-
taken immediately in the interest of na- tor of National Intelligence shall submit a priated or otherwise made available by this
tional security and only after written prior report to the congressional intelligence com- Act may be expended for any Federal con-
notification to the congressional defense mittees to establish the baseline for applica- tract for an amount in excess of $1,000,000,
committees. tion of reprogramming and transfer authori- unless the contractor agrees not to—
SEC. 8077. In addition to amounts provided ties for fiscal year 2023: Provided, That the (1) enter into any agreement with any of
elsewhere in this Act, $5,000,000 is hereby ap- report shall include— its employees or independent contractors
propriated to the Department of Defense, to (1) a table for each appropriation with a that requires, as a condition of employment,
remain available for obligation until ex- separate column to display the President’s that the employee or independent contractor
pended: Provided, That notwithstanding any budget request, adjustments made by Con- agree to resolve through arbitration any
other provision of law, that upon the deter- gress, adjustments due to enacted rescis- claim under title VII of the Civil Rights Act
mination of the Secretary of Defense that it sions, if appropriate, and the fiscal year en- of 1964 or any tort related to or arising out
shall serve the national interest, these funds acted level; of sexual assault or harassment, including
shall be available only for a grant to the (2) a delineation in the table for each ap- assault and battery, intentional infliction of
Fisher House Foundation, Inc., only for the propriation by Expenditure Center and emotional distress, false imprisonment, or
construction and furnishing of additional project; and negligent hiring, supervision, or retention;
Fisher Houses to meet the needs of military (3) an identification of items of special or
family members when confronted with the congressional interest. (2) take any action to enforce any provi-
illness or hospitalization of an eligible mili- (b) None of the funds provided for the Na- sion of an existing agreement with an em-
tary beneficiary. tional Intelligence Program in this Act shall ployee or independent contractor that man-
SEC. 8078. None of the funds in this Act be available for reprogramming or transfer dates that the employee or independent con-
may be used for research, development, test, until the report identified in subsection (a) is tractor resolve through arbitration any
evaluation, procurement or deployment of submitted to the congressional intelligence claim under title VII of the Civil Rights Act
nuclear armed interceptors of a missile de- committees, unless the Director of National of 1964 or any tort related to or arising out
fense system. Intelligence certifies in writing to the con- of sexual assault or harassment, including
SEC. 8079. None of the funds made available gressional intelligence committees that such assault and battery, intentional infliction of
by this Act may be obligated or expended for reprogramming or transfer is necessary as an emotional distress, false imprisonment, or
the purpose of decommissioning the USS emergency requirement. negligent hiring, supervision, or retention.
Fort Worth, the USS Wichita, the USS Bil- SEC. 8086. Any transfer of amounts appro- (b) None of the funds appropriated or oth-
lings, the USS Indianapolis, or the USS St. priated to the Department of Defense Acqui- erwise made available by this Act may be ex-
Louis. sition Workforce Development Account in or pended for any Federal contract unless the
SEC. 8080. None of the funds appropriated for fiscal year 2023 to a military department contractor certifies that it requires each
or made available in this Act shall be used to or Defense Agency pursuant to section covered subcontractor to agree not to enter
reduce or disestablish the operation of the 1705(e)(1) of title 10, United States Code, into, and not to take any action to enforce
53rd Weather Reconnaissance Squadron of shall be covered by and subject to section any provision of, any agreement as described
the Air Force Reserve, if such action would 8005 of this Act. in paragraphs (1) and (2) of subsection (a),
reduce the WC–130 Weather Reconnaissance SEC. 8087. (a) None of the funds provided for with respect to any employee or independent
mission below the levels funded in this Act: the National Intelligence Program in this or contractor performing work related to such
Provided, That the Air Force shall allow the any prior appropriations Act shall be avail- subcontract. For purposes of this subsection,
53rd Weather Reconnaissance Squadron to able for obligation or expenditure through a a ‘‘covered subcontractor’’ is an entity that
perform other missions in support of na- reprogramming or transfer of funds in ac- has a subcontract in excess of $1,000,000 on a
tional defense requirements during the non- cordance with section 102A(d) of the National contract subject to subsection (a).
hurricane season. Security Act of 1947 (50 U.S.C. 3024(d)) that— (c) The prohibitions in this section do not
SEC. 8081. None of the funds provided in (1) creates a new start effort; apply with respect to a contractor’s or sub-
this Act shall be available for integration of (2) terminates a program with appropriated contractor’s agreements with employees or
foreign intelligence information unless the funding of $10,000,000 or more; independent contractors that may not be en-
information has been lawfully collected and (3) transfers funding into or out of the Na- forced in a court of the United States.
processed during the conduct of authorized tional Intelligence Program; or (d) The Secretary of Defense may waive
foreign intelligence activities: Provided, That (4) transfers funding between appropria- the application of subsection (a) or (b) to a
information pertaining to United States per- tions, unless the congressional intelligence particular contractor or subcontractor for
sons shall only be handled in accordance committees are notified 30 days in advance the purposes of a particular contract or sub-
with protections provided in the Fourth of such reprogramming of funds; this notifi- contract if the Secretary or the Deputy Sec-
Amendment of the United States Constitu- cation period may be reduced for urgent na- retary personally determines that the waiver
tion as implemented through Executive tional security requirements. is necessary to avoid harm to national secu-
Order No. 12333. (b) None of the funds provided for the Na-
rity interests of the United States, and that
SEC. 8082. (a) None of the funds appro- tional Intelligence Program in this or any
the term of the contract or subcontract is
priated by this Act may be used to transfer prior appropriations Act shall be available
not longer than necessary to avoid such
research and development, acquisition, or for obligation or expenditure through a re-
harm. The determination shall set forth with
other program authority relating to current programming or transfer of funds in accord-
specificity the grounds for the waiver and for
tactical unmanned aerial vehicles (TUAVs) ance with section 102A(d) of the National Se-
the contract or subcontract term selected,
from the Army. curity Act of 1947 (50 U.S.C. 3024(d)) that re-
and shall state any alternatives considered
(b) The Army shall retain responsibility sults in a cumulative increase or decrease of
in lieu of a waiver and the reasons each such
for and operational control of the MQ–1C the levels specified in the classified annex
alternative would not avoid harm to na-
Gray Eagle Unmanned Aerial Vehicle (UAV) accompanying the Act unless the congres-
tional security interests of the United
in order to support the Secretary of Defense sional intelligence committees are notified
States. The Secretary of Defense shall trans-
in matters relating to the employment of un- 30 days in advance of such reprogramming of
mit to Congress, and simultaneously make
manned aerial vehicles. funds; this notification period may be re-
public, any determination under this sub-
dlhill on DSK120RN23PROD with SENATE
SEC. 8083. None of the funds appropriated duced for urgent national security require-
section not less than 15 business days before
by this Act for programs of the Office of the ments.
the contract or subcontract addressed in the
Director of National Intelligence shall re- SEC. 8088. (a) Any agency receiving funds
determination may be awarded.
main available for obligation beyond the made available in this Act, shall, subject to
current fiscal year, except for funds appro- subsections (b) and (c), post on the public (INCLUDING TRANSFER OF FUNDS)
priated for research and technology, which Web site of that agency any report required SEC. 8090. From within the funds appro-
shall remain available until September 30, to be submitted by the Congress in this or priated for operation and maintenance for
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S7372 CONGRESSIONAL RECORD — SENATE December 19, 2022
the Defense Health Program in this Act, up (2) acquire, monitor, or store the contents the T–ARC(X) Cable Laying and Repair Ship
to $168,000,000, shall be available for transfer (as such term is defined in section 2510(8) of or the T–AGOS(X) Oceanographic Surveil-
to the Joint Department of Defense-Depart- title 18, United States Code) of any elec- lance Ship may be used to award a new con-
ment of Veterans Affairs Medical Facility tronic communication of a United States tract for such activities unless these con-
Demonstration Fund in accordance with the person from a provider of electronic commu- tracts include specifications that all auxil-
provisions of section 1704 of the National De- nication services to the public pursuant to iary equipment, including pumps and propul-
fense Authorization Act for Fiscal Year 2010, section 501 of the Foreign Intelligence Sur- sion shafts, are manufactured in the United
Public Law 111–84: Provided, That for pur- veillance Act of 1978. States.
poses of section 1704(b), the facility oper- SEC. 8097. None of the funds made available SEC. 8102. No amounts credited or other-
ations funded are operations of the inte- in this or any other Act may be used to pay wise made available in this or any other Act
grated Captain James A. Lovell Federal the salary of any officer or employee of any to the Department of Defense Acquisition
Health Care Center, consisting of the North agency funded by this Act who approves or Workforce Development Account may be
Chicago Veterans Affairs Medical Center, the implements the transfer of administrative transferred to:
Navy Ambulatory Care Center, and sup- responsibilities or budgetary resources of (1) the Rapid Prototyping Fund established
porting facilities designated as a combined any program, project, or activity financed by under section 804(d) of the National Defense
Federal medical facility as described by sec- this Act to the jurisdiction of another Fed- Authorization Act for Fiscal Year 2016 (10
tion 706 of Public Law 110–417: Provided fur- eral agency not financed by this Act without U.S.C. 2302 note); or
ther, That additional funds may be trans- the express authorization of Congress: Pro- (2) credited to a military-department spe-
ferred from funds appropriated for operation vided, That this limitation shall not apply to cific fund established under section 804(d)(2)
and maintenance for the Defense Health Pro- transfers of funds expressly provided for in of the National Defense Authorization Act
gram to the Joint Department of Defense- Defense Appropriations Acts, or provisions of for Fiscal Year 2016 (as amended by section
Department of Veterans Affairs Medical Fa- Acts providing supplemental appropriations 897 of the National Defense Authorization
cility Demonstration Fund upon written no- for the Department of Defense. Act for Fiscal Year 2017).
tification by the Secretary of Defense to the SEC. 8098. Of the amounts appropriated in SEC. 8103. From funds made available in
Committees on Appropriations of the House this Act for ‘‘Operation and Maintenance, title II of this Act, the Secretary of Defense
of Representatives and the Senate. Navy’’, $589,325,000, to remain available until may purchase for use by military and civil-
SEC. 8091. None of the funds appropriated expended, may be used for any purposes re- ian employees of the Department of Defense
or otherwise made available by this Act may lated to the National Defense Reserve Fleet in the United States Central Command area
be used by the Department of Defense or a established under section 11 of the Merchant of responsibility: (1) passenger motor vehi-
component thereof in contravention of the Ship Sales Act of 1946 (46 U.S.C. 57100): Pro- cles up to a limit of $75,000 per vehicle; and
provisions of section 130h of title 10, United vided, That such amounts are available for (2) heavy and light armored vehicles for the
States Code. reimbursements to the Ready Reserve Force, physical security of personnel or for force
SEC. 8092. Appropriations available to the Maritime Administration account of the protection purposes up to a limit of $450,000
Department of Defense may be used for the United States Department of Transportation per vehicle, notwithstanding price or other
purchase of heavy and light armored vehicles for programs, projects, activities, and ex- limitations applicable to the purchase of
for the physical security of personnel or for penses related to the National Defense Re- passenger carrying vehicles.
force protection purposes up to a limit of serve Fleet. SEC. 8104. (a) None of the funds made avail-
$450,000 per vehicle, notwithstanding price or SEC. 8099. None of the funds made available able in this Act may be used to maintain or
other limitations applicable to the purchase by this Act may be used for Government establish a computer network unless such
of passenger carrying vehicles. Travel Charge Card expenses by military or network is designed to block access to por-
(INCLUDING TRANSFER OF FUNDS) civilian personnel of the Department of De- nography websites.
SEC. 8093. Upon a determination by the Di- fense for gaming, or for entertainment that (b) Nothing in subsection (a) shall limit
rector of National Intelligence that such ac- includes topless or nude entertainers or par- the use of funds necessary for any Federal,
tion is necessary and in the national inter- ticipants, as prohibited by Department of State, tribal, or local law enforcement agen-
est, the Director may, with the approval of Defense FMR, Volume 9, Chapter 3 and De- cy or any other entity carrying out criminal
the Office of Management and Budget, trans- partment of Defense Instruction 1015.10 (en- investigations, prosecution, or adjudication
fer not to exceed $1,500,000,000 of the funds closure 3, 14a and 14b). activities, or for any activity necessary for
made available in this Act for the National SEC. 8100. (a) None of the funds provided in the national defense, including intelligence
Intelligence Program: Provided, That such this Act for the TAO Fleet Oiler program activities.
authority to transfer may not be used unless shall be used to award a new contract that SEC. 8105. None of the funds provided for, or
for higher priority items, based on unfore- provides for the acquisition of the following otherwise made available, in this or any
seen intelligence requirements, than those components unless those components are other Act, may be obligated or expended by
for which originally appropriated and in no manufactured in the United States: Auxil- the Secretary of Defense to provide motor-
case where the item for which funds are re- iary equipment (including pumps) for ship- ized vehicles, aviation platforms, munitions
quested has been denied by the Congress: board services; propulsion equipment (in- other than small arms and munitions appro-
Provided further, That a request for multiple cluding engines, reduction gears, and propel- priate for customary ceremonial honors,
reprogrammings of funds using authority lers); shipboard cranes; spreaders for ship- operational military units, or operational
provided in this section shall be made prior board cranes; and anchor chains, specifically military platforms if the Secretary deter-
to June 30, 2023. for the seventh and subsequent ships of the mines that providing such units, platforms,
SEC. 8094. Of the amounts appropriated in fleet. or equipment would undermine the readiness
this Act for ‘‘Shipbuilding and Conversion, (b) None of the funds provided in this Act of such units, platforms, or equipment.
Navy’’, $133,000,000, to remain available for for the FFG(X) Frigate program shall be SEC. 8106. (a) None of the funds made avail-
obligation until September 30, 2027, may be used to award a new contract that provides able by this or any other Act may be used to
used for the purchase of two used sealift ves- for the acquisition of the following compo- enter into a contract, memorandum of un-
sels for the National Defense Reserve Fleet, nents unless those components are manufac- derstanding, or cooperative agreement with,
established under section 11 of the Merchant tured in the United States: Air circuit break- make a grant to, or provide a loan or loan
Ship Sales Act of 1946 (46 U.S.C. 57100): Pro- ers; gyrocompasses; electronic navigation guarantee to any corporation that has any
vided, That such amounts are available for chart systems; steering controls; pumps; pro- unpaid Federal tax liability that has been as-
reimbursements to the Ready Reserve Force, pulsion and machinery control systems; to- sessed, for which all judicial and administra-
Maritime Administration account of the tally enclosed lifeboats; auxiliary equipment tive remedies have been exhausted or have
United States Department of Transportation pumps; shipboard cranes; auxiliary chill lapsed, and that is not being paid in a timely
for programs, projects, activities, and ex- water systems; and propulsion propellers: manner pursuant to an agreement with the
penses related to the National Defense Re- Provided, That the Secretary of the Navy authority responsible for collecting such tax
serve Fleet: Provided further, That notwith- shall incorporate United States manufac- liability, provided that the applicable Fed-
standing section 2218 of title 10, United tured propulsion engines and propulsion re- eral agency is aware of the unpaid Federal
States Code, none of these funds shall be duction gears into the FFG(X) Frigate pro- tax liability.
transferred to the National Defense Sealift gram beginning not later than with the elev- (b) Subsection (a) shall not apply if the ap-
Fund for execution. enth ship of the program. plicable Federal agency has considered sus-
SEC. 8095. The Secretary of Defense shall SEC. 8101. None of the funds provided in pension or debarment of the corporation de-
post grant awards on a public website in a this Act for requirements development, per- scribed in such subsection and has made a
searchable format. formance specification development, concept determination that such suspension or de-
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SEC. 8096. None of the funds made available design and development, ship configuration barment is not necessary to protect the in-
by this Act may be used by the National Se- development, systems engineering, naval ar- terests of the Federal Government.
curity Agency to— chitecture, marine engineering, operations SEC. 8107. (a) Amounts appropriated under
(1) conduct an acquisition pursuant to sec- research analysis, industry studies, prelimi- title IV of this Act, as detailed in budget ac-
tion 702 of the Foreign Intelligence Surveil- nary design, development of the Detailed De- tivity eight of the ‘‘Explanation of Project
lance Act of 1978 for the purpose of targeting sign and Construction Request for Proposals Level Adjustments’’ tables in the explana-
a United States person; or solicitation package, or related activities for tory statement regarding this Act, may be
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7373
used for expenses for the agile research, de- Appropriations to Address Hurricanes in the committees in writing of the details of any
velopment, test and evaluation, procure- Gulf of Mexico, and Pandemic Influenza Act, planned obligation: Provided further, That
ment, production, modification, and oper- 2006 (Public Law 109–148). the Secretary of Defense shall provide quar-
ation and maintenance, only for the fol- SEC. 8110. Of the amounts appropriated in terly reports to the Committees on Appro-
lowing Software and Digital Technology this Act under the heading ‘‘Operation and priations of the House of Representatives
Pilot programs— Maintenance, Defense-Wide’’, for the Defense and the Senate on the use and status of funds
(1) Defensive CYBER (PE 0608041A); Security Cooperation Agency, $300,000,000, to made available in this section.
(2) Risk Management Information (PE remain available until September 30, 2024, SEC. 8113. Of the amounts appropriated in
0608013N); shall be for the Ukraine Security Assistance this Act under the heading ‘‘Operation and
(3) Maritime Tactical Command and Con- Initiative: Provided, That such funds shall be Maintenance, Defense-Wide’’, for the Defense
trol (PE 0608231N); available to the Secretary of Defense, with Security Cooperation Agency, $410,000,000, to
(4) Space Command & Control (PE the concurrence of the Secretary of State, to remain available until September 30, 2024,
1208248SF); provide assistance, including training; equip- shall be available to reimburse Jordan, Leb-
(5) National Background Investigation ment; lethal assistance; logistics support, anon, Egypt, Tunisia, and Oman under sec-
Services (PE 0608197V); supplies and services; salaries and stipends; tion 1226 of the National Defense Authoriza-
(6) Global Command and Control System sustainment; and intelligence support to the tion Act for Fiscal Year 2016 (22 U.S.C. 2151
(PE 0303150K); and military and national security forces of note), for enhanced border security, of which
(7) Acquisition Visibility (PE 0608648D8Z). Ukraine, and to other forces or groups recog- not less than $150,000,000 shall be for Jordan:
(b) None of the funds appropriated by this nized by and under the authority of the Gov- Provided, That the Secretary of Defense
or prior Department of Defense Appropria- ernment of Ukraine, including governmental shall, not less than 15 days prior to obli-
tions Acts may be obligated or expended to entities within Ukraine, engaged in resisting gating funds made available in this section,
initiate additional Software and Digital Russian aggression against Ukraine, for re- notify the congressional defense committees
Technology Pilot Programs in fiscal year placement of any weapons or articles pro- in writing of the details of any planned obli-
2023. vided to the Government of Ukraine from gation and the nature of the expenses in-
SEC. 8108. In addition to amounts provided the inventory of the United States, and to curred: Provided further, That the Secretary
elsewhere in this Act, there is appropriated recover or dispose of equipment procured of Defense shall provide quarterly reports to
$686,500,000, for an additional amount for using funds made available in this section in the Committees on Appropriations of the
‘‘Operation and Maintenance, Defense- this or prior Acts: Provided further, That the House of Representatives and the Senate on
Wide’’, to remain available until expended: Secretary of Defense shall, not less than 15 the use and status of funds made available in
Provided, That such funds shall only be avail- days prior to obligating funds made avail- this section.
able to the Secretary of Defense, acting able in this section, notify the congressional SEC. 8114. None of the funds made available
through the Office of Local Defense Commu- defense committees in writing of the details by this Act may be used in contravention of
nity Cooperation of the Department of De- of any such obligation: Provided further, That the War Powers Resolution (50 U.S.C. 1541 et
fense, or for transfer to the Secretary of the Secretary of Defense shall, not more seq.).
Education, notwithstanding any other provi- than 60 days after such notification is made, SEC. 8115. None of the funds made available
sion of law, to make grants, conclude cooper- inform such committees if such funds have by this Act for excess defense articles, assist-
ative agreements, or supplement other Fed- not been obligated and the reasons therefor: ance under section 333 of title 10, United
eral funds to construct, renovate, repair, or Provided further, That the Secretary of De- States Code, or peacekeeping operations for
expand elementary and secondary public fense shall consult with such committees in the countries designated annually to be in
schools on military installations in order to advance of the provision of support provided violation of the standards of the Child Sol-
address capacity or facility condition defi- to other forces or groups recognized by and diers Prevention Act of 2008 (Public Law 110–
ciencies at such schools: Provided further, under the authority of the Government of 457; 22 U.S.C. 2370c–1) may be used to support
That in making such funds available, the Of- Ukraine: Provided further, That the United any military training or operation that in-
fice of Local Defense Community Coopera- States may accept equipment procured using cludes child soldiers, as defined by the Child
tion or the Secretary of Education shall give Soldiers Prevention Act of 2008, unless such
funds made available in this section in this
priority consideration to those military in- assistance is otherwise permitted under sec-
or prior Acts transferred to the security
stallations with schools having the most se- tion 404 of the Child Soldiers Prevention Act
forces of Ukraine and returned by such
rious capacity or facility condition defi- of 2008.
forces to the United States: Provided further, SEC. 8116. None of the funds made available
ciencies as determined by the Secretary of
That equipment procured using funds made by this Act may be made available for any
Defense: Provided further, That as a condition
available in this section in this or prior Acts, member of the Taliban.
of receiving funds under this section a local
educational agency or State shall provide a and not yet transferred to the military or SEC. 8117. Notwithstanding any other pro-
matching share as described in the notice ti- national security forces of Ukraine or to vision of law, any transfer of funds, appro-
tled ‘‘Department of Defense Program for other assisted entities, or returned by such priated or otherwise made available by this
Construction, Renovation, Repair or Expan- forces or other assisted entities to the Act, for support to friendly foreign countries
sion of Public Schools Located on Military United States, may be treated as stocks of in connection with the conduct of operations
Installations’’ published by the Department the Department of Defense upon written no- in which the United States is not partici-
of Defense in the Federal Register on Sep- tification to the congressional defense com- pating, pursuant to section 331(d) of title 10,
tember 9, 2011 (76 Fed. Reg. 55883 et seq.): Pro- mittees: Provided further, That the Secretary United States Code, shall be made in accord-
vided further, That these provisions apply to of Defense shall provide quarterly reports to ance with section 8005 of this Act.
funds provided under this section, and to the congressional defense committees on the SEC. 8118. (a) None of the funds appro-
funds previously provided by Congress to use and status of funds made available in priated or otherwise made available by this
construct, renovate, repair, or expand ele- this section. or any other Act may be used by the Sec-
mentary and secondary public schools on SEC. 8111. During the current fiscal year, retary of Defense, or any other official or of-
military installations in order to address ca- the Department of Defense is authorized to ficer of the Department of Defense, to enter
pacity or facility condition deficiencies at incur obligations of not to exceed $350,000,000 into a contract, memorandum of under-
such schools to the extent such funds remain for purposes specified in section 2350j(c) of standing, or cooperative agreement with, or
unobligated on the date of enactment of this title 10, United States Code, in anticipation make a grant to, or provide a loan or loan
section. of receipt of contributions, only from the guarantee to Rosoboronexport or any sub-
SEC. 8109. None of the funds made available Government of Kuwait, under that section: sidiary of Rosoboronexport.
in this Act may be used in contravention of Provided, That, such contributions shall, (b) The Secretary of Defense may waive
the following laws enacted or regulations upon receipt, be credited to the appropria- the limitation in subsection (a) if the Sec-
promulgated to implement the United Na- tions or fund which incurred such obliga- retary, in consultation with the Secretary of
tions Convention Against Torture and Other tions. State and the Director of National Intel-
Cruel, Inhuman or Degrading Treatment or SEC. 8112. Of the amounts appropriated in ligence, determines that it is in the vital na-
Punishment (done at New York on December this Act under the heading ‘‘Operation and tional security interest of the United States
10, 1984): Maintenance, Defense-Wide’’, for the Defense to do so, and certifies in writing to the con-
(1) Section 2340A of title 18, United States Security Cooperation Agency, $1,510,260,000, gressional defense committees that—
Code. to remain available until September 30, 2024, (1) Rosoboronexport has ceased the trans-
(2) Section 2242 of the Foreign Affairs Re- shall be available for International Security fer of lethal military equipment to, and the
form and Restructuring Act of 1998 (division Cooperation Programs and other programs maintenance of existing lethal military
G of Public Law 105–277; 112 Stat. 2681–822; 8 to provide support and assistance to foreign equipment for, the Government of the Syrian
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U.S.C. 1231 note) and regulations prescribed security forces or other groups or individuals Arab Republic;
thereto, including regulations under part 208 to conduct, support or facilitate counterter- (2) the armed forces of the Russian Federa-
of title 8, Code of Federal Regulations, and rorism, crisis response, or building partner tion have withdrawn from Ukraine; and
part 95 of title 22, Code of Federal Regula- capacity programs: Provided, That the Sec- (3) agents of the Russian Federation have
tions. retary of Defense shall, not less than 15 days ceased taking active measures to destabilize
(3) Sections 1002 and 1003 of the Depart- prior to obligating funds made available in the control of the Government of Ukraine
ment of Defense, Emergency Supplemental this section, notify the congressional defense over eastern Ukraine.
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S7374 CONGRESSIONAL RECORD — SENATE December 19, 2022
(c) The Inspector General of the Depart- vided further, That none of the funds provided tion on the duration of such
ment of Defense shall conduct a review of under this section may be obligated or ex- cryopreservation and storage.
any action involving Rosoboronexport with pended until 30 days after the Secretary of SEC. 8126. None of the funds appropriated
respect to a waiver issued by the Secretary Defense provides the Committees on Appro- or otherwise made available by this Act may
of Defense pursuant to subsection (b), and priations of the House of Representatives be used to transfer the National Reconnais-
not later than 90 days after the date on and the Senate a detailed execution plan for sance Office to the Space Force: Provided,
which such a waiver is issued by the Sec- such funds. That nothing in this Act shall be construed
retary of Defense, the Inspector General SEC. 8122. Notwithstanding any other pro- to limit or prohibit cooperation, collabora-
shall submit to the congressional defense vision of this Act, to reflect savings due to tion, and coordination between the National
committees a report containing the results favorable foreign exchange rates, the total Reconnaissance Office and the Space Force
of the review conducted with respect to such amount appropriated in this Act is hereby or any other elements of the Department of
waiver. reduced by $956,400,000. Defense.
SEC. 8123. Equipment procured using funds SEC. 8127. Funds awarded pursuant to the
(INCLUDING TRANSFER OF FUNDS)
provided in prior Acts under the heading authority in section 8085 of the Department
SEC. 8119. In addition to the amounts ap- ‘‘Counterterrorism Partnerships Fund’’ for of Defense Appropriations Act, 2010 (Public
propriated or otherwise made available else- the program authorized by section 1209 of the Law 111–118) to the Edward M. Kennedy In-
where in this Act, $1,000,000,000, to remain Carl Levin and Howard P. ‘‘Buck’’ McKeon stitute for the Senate may be used for facil-
available until September 30, 2024, is hereby National Defense Authorization Act for Fis- ity operations and maintenance, and pro-
appropriated to the Department of Defense cal Year 2015 (Public Law 113–291), or under gram activities, without regard to any pre-
and made available for transfer only to other the heading ‘‘Iraq Train and Equip Fund’’ for vious endowment disbursement limitations.
appropriations available to the Department the program authorized by section 1236 of SEC. 8128. The Secretary of Defense shall
of Defense in Department of Defense Appro- such Act, and not yet transferred to author- notify the congressional defense committees
priations Acts: Provided, That such funds ized recipients may be transferred to foreign in writing not more than 30 days after the re-
shall be available to the Secretary of De- security forces, irregular forces, groups, or ceipt of any contribution of funds received
fense for the purpose of conducting activities individuals, authorized to receive assistance from the government of a foreign country for
relating to improvements of infrastructure using amounts provided under the heading any purpose relating to the stationing or op-
and defueling at the Red Hill Bulk Fuel Stor- ‘‘Counter-ISIS Train and Equip Fund’’ in erations of the United States Armed Forces:
age Facility: Provided further, That amounts this Act: Provided, That such equipment may Provided, That such notification shall in-
transferred pursuant to this appropriation be transferred 15 days following written noti- clude the amount of the contribution; the
shall be merged with, and be available for fication to the congressional defense com- purpose for which such contribution was
the same purposes and time period as the ap- mittees. made; and the authority under which such
propriations to which transferred: Provided SEC. 8124. Of the amounts appropriated in contribution was accepted by the Secretary
further, That upon a determination that all this Act under the heading ‘‘Operation and of Defense: Provided further, That not fewer
or part of the funds transferred from this ap- Maintenance, Defense-Wide’’, for the Defense than 15 days prior to obligating such funds,
propriation are not necessary for the pur- Security Cooperation Agency, $25,000,000, to the Secretary of Defense shall submit to the
poses provided in this section, such amounts remain available until September 30, 2024, congressional defense committees in writing
may be transferred back to this section: Pro- shall be for payments to reimburse key co- a notification of the planned use of such con-
vided further, That the transfer authority operating nations for logistical, military, tributions, including whether such contribu-
provided pursuant to this section is in addi- and other support, including access, provided tions would support existing or new sta-
tion to any other transfer authority provided to United States military and stability oper- tioning or operations of the United States
by law: Provided further, That not less than ations to counter the Islamic State of Iraq Armed Forces.
30 days prior to any transfer of funds pursu- and Syria: Provided, That such reimburse- SEC. 8129. (a) The Chairman of the Joint
ant to this section, the Secretary of Defense ment payments may be made in such Chiefs, in coordination with the Secretaries
shall notify the congressional defense com- amounts as the Secretary of Defense, with of the military departments and the Chiefs
mittees of the details of any such transfer: the concurrence of the Secretary of State, of the Armed Forces, shall submit to the
Provided further, That not later than 60 days and in consultation with the Director of the congressional defense committees, not later
after the enactment of this Act and every 30 Office of Management and Budget, may de- than 30 days after the last day of each quar-
days thereafter through fiscal year 2024, the termine, based on documentation deter- ter of the fiscal year, a report on the use of
Secretary of Defense shall submit a report to mined by the Secretary of Defense to ade- operation and maintenance funds for activi-
the Committees on Appropriations of the quately account for the support provided, ties or exercises in excess of $5,000,000 that
House of Representatives and Senate, setting and such determination is final and conclu- have been designated by the Secretary of De-
forth all categories and amounts of obliga- sive upon the accounting officers of the fense as unplanned activities for fiscal year
tions and expenditures made under the au- United States, and 15 days following written 2023.
thority provided in this section. notification to the appropriate congressional (b) Each report required by subsection (a)
SEC. 8120. (a) Notwithstanding section 2215 committees: Provided further, That these shall also include—
of title 10, United States Code, the Secretary funds may be used for the purpose of pro- (1) the title, date, and location, of each ac-
of Defense may transfer to the Secretary of viding specialized training and procuring tivity and exercise covered by the report;
State, for use by the United States Agency supplies and specialized equipment and pro- (2) an identification of the military depart-
for International Development, amounts to viding such supplies and loaning such equip- ment and units that participated in each
be used for the Bien Hoa dioxin cleanup in ment on a non-reimbursable basis to coali- such activity or exercise (including an esti-
Vietnam. tion forces supporting United States mili- mate of the number of participants);
(b) Not more than $15,000,000 may be trans- tary and stability operations to counter the (3) the total cost of the activity or exer-
ferred in each of fiscal years 2024 through Islamic State of Iraq and Syria, and 15 days cise, by budget line item (with a breakdown
2030 under the transfer authority in sub- following written notification to the appro- by cost element such as transportation); and
section (a). priate congressional committees: Provided (4) a short explanation of the objective of
(c) The transfer authority in subsection (a) further, That the Secretary of Defense shall the activity or exercise.
is in addition to any other transfer authority provide quarterly reports to the Committees (c) The report required by subsection (a)
available to the Department of Defense. on Appropriations of the House of Represent- shall be submitted in unclassified form, but
(d) If the Secretary of Defense determines atives and the Senate on the use and status may include a classified annex.
to use the transfer authority in subsection of funds made available in this section. SEC. 8130. Not later than 15 days after the
(a), the Secretary shall notify the congres- SEC. 8125. In carrying out the program de- date on which any foreign base that involves
sional defense committees of that deter- scribed in the memorandum on the subject of the stationing or operations of the United
mination not later than 30 days before the ‘‘Policy for Assisted Reproductive Services States Armed Forces, including a temporary
Secretary uses the transfer authority. for the Benefit of Seriously or Severely Ill/ base, permanent base, or base owned and op-
(INCLUDING TRANSFER OF FUNDS) Injured (Category II or III) Active Duty erated by a foreign country, is opened or
SEC. 8121. In addition to amounts appro- Service Members’’ issued by the Assistant closed, the Secretary of Defense shall notify
priated in title III, title IV, or otherwise Secretary of Defense for Health Affairs on the congressional defense committees in
made available elsewhere in this Act, April 3, 2012, and the guidance issued to im- writing of the opening or closing of such
$1,052,501,000 is hereby appropriated to the plement such memorandum, the Secretary of base: Provided, That such notification shall
Department of Defense and made available Defense shall apply such policy and guid- also include information on any personnel
for transfer to the procurement and re- ance, except that— changes, costs, and savings associated with
dlhill on DSK120RN23PROD with SENATE
search, development, test and evaluation ac- (1) the limitation on periods regarding em- the opening or closing of such base.
counts of the Army, Navy, Marine Corps, Air bryo cryopreservation and storage set forth SEC. 8131. None of the funds made available
Force, and Space Force to reflect revised in part III(G) and in part IV(H) of such by this Act may be used with respect to Iraq
economic assumptions: Provided, That the memorandum shall not apply; and in contravention of the War Powers Resolu-
transfer authority provided under this sec- (2) the term ‘‘assisted reproductive tech- tion (50 U.S.C. 1541 et seq.), including for the
tion is in addition to any other transfer au- nology’’ shall include embryo introduction of United States Armed Forces
thority provided elsewhere in this Act: Pro- cryopreservation and storage without limita- into hostilities in Iraq, into situations in
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December 19, 2022 CONGRESSIONAL RECORD — SENATE S7375
Iraq where imminent involvement in hos- acquire, or modify any facility in the United (c) The Secretary of Defense may reallo-
tilities is clearly indicated by the cir- States, its territories, or possessions to cate funds allocated by subsection (a) of this
cumstances, or into Iraqi territory, airspace, house any individual described in subsection section, subject to the terms and conditions
or waters while equipped for combat, in con- (c) for the purposes of detention or imprison- contained in the provisos in section 8005 of
travention of the congressional consultation ment in the custody or under the effective this Act: Provided, That amounts may be re-
and reporting requirements of sections 3 and control of the Department of Defense. allocated pursuant to this subsection only
4 of such Resolution (50 U.S.C. 1542 and 1543). (b) The prohibition in subsection (a) shall for those requirements necessary to carry
SEC. 8132. None of the funds made available not apply to any modification of facilities at out section 9903(b) of the William M. (Mac)
by this Act may be used with respect to United States Naval Station, Guantánamo Thornberry National Defense Authorization
Syria in contravention of the War Powers Bay, Cuba. Act for Fiscal Year 2021 (Public Law 116–283).
Resolution (50 U.S.C. 1541 et seq.), including (c) An individual described in this sub- (d) Concurrent with the annual budget sub-
for the introduction of United States armed section is any individual who, as of June 24, mission of the President for fiscal year 2024,
or military forces into hostilities in Syria, 2009, is located at United States Naval Sta- the Secretary of Defense shall submit to the
into situations in Syria where imminent in- tion, Guantánamo Bay, Cuba, and who— Committees on Appropriations of the House
volvement in hostilities is clearly indicated (1) is not a citizen of the United States or of Representatives and the Senate proposed
by the circumstances, or into Syrian terri- a member of the Armed Forces of the United allocations by account and by program,
tory, airspace, or waters while equipped for States; and project, or activity, with detailed justifica-
combat, in contravention of the congres- (2) is— tions, for amounts made available under sec-
sional consultation and reporting require- (A) in the custody or under the effective tion 102(b)(2) of the CHIPS Act of 2022 for fis-
ments of sections 3 and 4 of that law (50 control of the Department of Defense; or cal year 2024.
U.S.C. 1542 and 1543). (B) otherwise under detention at United (e) The Department of Defense shall pro-
SEC. 8133. Nothing in this Act may be con- States Naval Station, Guantánamo Bay, vide the Committees on Appropriations of
strued as authorizing the use of force against Cuba. the House of Representatives and Senate
Iran or the Democratic People’s Republic of SEC. 8142. None of the funds made available quarterly reports on the status of balances of
Korea. by this Act may be used to carry out the clo- projects and activities funded by the CHIPS
SEC. 8134. None of the funds appropriated sure or realignment of the United States for America Defense Fund for amounts allo-
or otherwise made available by this or any Naval Station, Guantánamo Bay, Cuba. cated pursuant to subsection (a) of this sec-
other Act shall be obligated or expended by SEC. 8143. None of the funds made available
tion, including all uncommitted, committed,
the United States Government for a purpose by this Act may be used to fund any work to
and unobligated funds.
as follows: be performed by EcoHealth Alliance, Inc. in
This division may be cited as the ‘‘Depart-
(1) To establish any military installation China on research supported by the govern-
ment of Defense Appropriations Act, 2023’’.
or base for the purpose of providing for the ment of China unless the Secretary of De-
fense determines that a waiver to such prohi- DIVISION D—ENERGY AND WATER DEVEL-
permanent stationing of United States OPMENT AND RELATED AGENCIES AP-
Armed Forces in Iraq. bition is in the national security interests of
the United States and, not later than 14 days PROPRIATIONS ACT, 2023
(2) To exercise United States control over
any oil resource of Iraq or Syria. after granting such a waiver, submits to the TITLE I
SEC. 8135. None of the funds made available congressional defense committees a detailed CORPS OF ENGINEERS—CIVIL
by this Act under the heading ‘‘Counter-ISIS justification for the waiver, including— DEPARTMENT OF THE ARMY
Train and Equip Fund’’, and under the head- (1) an identification of the Department of
Defense entity obligating or expending the CORPS OF ENGINEERS—CIVIL
ing ‘‘Operation and Maintenance, Defense-
Wide’’ for Department of Defense security funds; The following appropriations shall be ex-
cooperation grant programs, may be used to (2) an identification of the amount of such pended under the direction of the Secretary
procure or transfer man-portable air defense funds; of the Army and the supervision of the Chief
systems. (3) an identification of the intended pur- of Engineers for authorized civil functions of
SEC. 8136. Up to $500,000,000 of funds appro- pose of such funds; the Department of the Army pertaining to
priated by this Act for the Defense Security (4) an identification of the recipient or pro- river and harbor, flood and storm damage re-
Cooperation Agency in ‘‘Operation and Main- spective recipient of such funds (including duction, shore protection, aquatic ecosystem
tenance, Defense-Wide’’ may be used to pro- any third-party entity recipient, as applica- restoration, and related efforts.
vide assistance to the Government of Jordan ble); INVESTIGATIONS
to support the armed forces of Jordan and to (5) an explanation for how the waiver is in For expenses necessary where authorized
enhance security along its borders. the national security interests of the United by law for the collection and study of basic
SEC. 8137. None of the funds made available States; and information pertaining to river and harbor,
by this Act may be used to support any ac- (6) any other information the Secretary de- flood and storm damage reduction, shore
tivity conducted by, or associated with, the termines appropriate. protection, aquatic ecosystem restoration,
Wuhan Institute of Virology. SEC. 8144. (a) Within 45 days of enactment and related needs; for surveys and detailed
SEC. 8138. None of the funds made available of this Act, the Secretary of Defense shall al- studies, and plans and specifications of pro-
by this Act may be used to provide arms, locate amounts made available from the Cre- posed river and harbor, flood and storm dam-
training, or other assistance to the Azov ating Helpful Incentives to Produce Semi- age reduction, shore protection, and aquatic
Battalion. conductors (CHIPS) for America Defense ecosystem restoration projects, and related
SEC. 8139. None of the funds appropriated Fund for fiscal year 2023 pursuant to the efforts prior to construction; for restudy of
or otherwise made available in this or any transfer authority in section 102(b)(1) of the authorized projects; and for miscellaneous
other Act may be used to transfer, release, CHIPS Act of 2022 (division A of Public Law investigations, and, when authorized by law,
or assist in the transfer or release to or with- 117–167), to the account specified, in the surveys and detailed studies, and plans and
in the United States, its territories, or pos- amounts specified, and for the projects and specifications of projects prior to construc-
sessions Khalid Sheikh Mohammed or any activities specified, in the table titled ‘‘De- tion, $172,500,000, to remain available until
other detainee who— partment of Defense Allocation of Funds: expended: Provided, That the Secretary shall
(1) is not a United States citizen or a mem- CHIPS and Science Act Fiscal Year 2023’’ in not deviate from the work plan, once the
ber of the Armed Forces of the United the explanatory statement described in sec- plan has been submitted to the Committees
States; and tion 4 (in the matter preceding division A of on Appropriations of both Houses of Con-
(2) is or was held on or after June 24, 2009, this consolidated Act). gress.
at United States Naval Station, Guantánamo (b) Neither the President nor his designee
may allocate any amounts that are made CONSTRUCTION
Bay, Cuba, by the Department of Defense.
SEC. 8140. None of the funds appropriated available for any fiscal year under section For expenses necessary for the construc-
or otherwise made available in this Act may 102(b)(2) of the CHIPS Act of 2022 if there is tion of river and harbor, flood and storm
be used to transfer any individual detained in effect an Act making or continuing appro- damage reduction, shore protection, aquatic
at United States Naval Station Guantánamo priations for part of a fiscal year for the De- ecosystem restoration, and related projects
Bay, Cuba, to the custody or control of the partment of Defense: Provided, That in any authorized by law; for conducting detailed
individual’s country of origin, any other for- fiscal year, the matter preceding this proviso studies, and plans and specifications, of such
eign country, or any other foreign entity ex- shall not apply to the allocation, apportion- projects (including those involving participa-
cept in accordance with section 1034 of the ment, or allotment of amounts for con- tion by States, local governments, or private
National Defense Authorization Act for Fis- tinuing administration of programs allo- groups) authorized or made eligible for selec-
dlhill on DSK120RN23PROD with SENATE
cal Year 2016 (Public Law 114–92) and section cated using funds transferred from the tion by law (but such detailed studies, and
1035 of the John S. McCain National Defense CHIPS for America Defense Fund, which plans and specifications, shall not constitute
Authorization Act for Fiscal Year 2019 (Pub- may be allocated pursuant to the transfer a commitment of the Government to con-
lic Law 115–232). authority in section 102(b)(1) of the CHIPS struction); $1,808,800,000, to remain available
SEC. 8141. (a) None of the funds appro- Act of 2022 only in amounts that are no more until expended; of which $75,518,000, to be de-
priated or otherwise made available in this than the allocation for such purposes in sub- rived from the Harbor Maintenance Trust
or any other Act may be used to construct, section (a) of this section. Fund, shall be to cover the Federal share of
VerDate Sep 11 2014 09:36 Dec 20, 2022 Jkt 039060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\A19DE6.018 S19DEPT1
S7376 CONGRESSIONAL RECORD — SENATE December 19, 2022
construction costs for facilities under the cordance with the amounts provided for the appropriations Acts to the agencies or enti-
Dredged Material Disposal Facilities pro- programs, projects, or activities: Provided ties funded in title I of this Act that remain
gram; and of which such sums as are nec- further, That the Secretary shall not deviate available for obligation or expenditure in fis-
essary to cover 35 percent of the costs of con- from the work plan, once the plan has been cal year 2023, shall be available for obliga-
struction, replacement, rehabilitation, and submitted to the Committees on Appropria- tion or expenditure through a reprogram-
expansion of inland waterways projects shall tions of both Houses of Congress. ming of funds that:
be derived from the Inland Waterways Trust REGULATORY PROGRAM (1) creates or initiates a new program,
Fund, except as otherwise specifically pro- For expenses necessary for administration project, or activity;
vided for in law: Provided, That the Sec- of laws pertaining to regulation of navigable (2) eliminates a program, project, or activ-
retary shall not deviate from the work plan, waters and wetlands, $218,000,000, to remain ity;
once the plan has been submitted to the available until September 30, 2024. (3) increases funds or personnel for any
Committees on Appropriations of both program, project, or activity for which funds
FORMERLY UTILIZED SITES REMEDIAL ACTION
Houses of Congress. have been denied or restricted by this Act,
PROGRAM
MISSISSIPPI RIVER AND TRIBUTARIES unless prior approval is received from the
For expenses necessary to clean up con- Committees on Appropriations of both
For expenses necessary for flood damage
tamination from sites in the United States Houses of Congress;
reduction projects and related efforts in the
resulting from work performed as part of the (4) proposes to use funds directed for a spe-
Mississippi River alluvial valley below Cape
Nation’s early atomic energy program, cific activity for a different purpose, unless
Girardeau, Missouri, as authorized by law,
$400,000,000, to remain available until ex- prior approval is received from the Commit-
$370,000,000, to remain available until ex-
pended. tees on Appropriations of both Houses of
pended, of which $15,390,000, to be derived
from the Harbor Maintenance Trust Fund, FLOOD CONTROL AND COASTAL EMERGENCIES Congress;
shall be to cover the Federal share of eligible For expenses necessary to prepare for (5) augments or reduces existing programs,
operation and maintenance costs for inland flood, hurricane, and other natural disasters projects, or activities in excess of the
harbors: Provided, That the Secretary shall and support emergency operations, repairs, amounts contained in paragraphs (6) through
not deviate from the work plan, once the and other activities in response to such dis- (10), unless prior approval is received from
plan has been submitted to the Committees asters as authorized by law, $35,000,000, to re- the Committees on Appropriations of both
on Appropriations of both Houses of Con- main available until expended. Houses of Congress;
gress. EXPENSES (6) INVESTIGATIONS.—For a base level over
OPERATION AND MAINTENANCE For expenses necessary for the supervision $100,000, reprogramming of 25 percent of the
For expenses necessary for the operation, and general administration of the civil base amount up to a limit of $150,000 per
maintenance, and care of existing river and works program in the headquarters of the project, study or activity is allowed: Pro-
harbor, flood and storm damage reduction, Corps of Engineers and the offices of the Di- vided, That for a base level less than $100,000,
aquatic ecosystem restoration, and related vision Engineers; and for costs of manage- the reprogramming limit is $25,000: Provided
projects authorized by law; providing secu- ment and operation of the Humphreys Engi- further, That up to $25,000 may be repro-
rity for infrastructure owned or operated by neer Center Support Activity, the Institute grammed into any continuing study or activ-
the Corps, including administrative build- for Water Resources, the United States ity that did not receive an appropriation for
ings and laboratories; maintaining harbor Army Engineer Research and Development existing obligations and concomitant admin-
channels provided by a State, municipality, Center, and the United States Army Corps of istrative expenses;
or other public agency that serve essential Engineers Finance Center allocable to the (7) CONSTRUCTION.—For a base level over
navigation needs of general commerce, civil works program, $215,000,000, to remain $2,000,000, reprogramming of 15 percent of the
where authorized by law; surveying and available until September 30, 2024, of which base amount up to a limit of $3,000,000 per
charting northern and northwestern lakes not to exceed $5,000 may be used for official project, study or activity is allowed: Pro-
and connecting waters; clearing and reception and representation purposes and vided, That for a base level less than
straightening channels; and removing ob- only during the current fiscal year: Provided, $2,000,000, the reprogramming limit is
structions to navigation, $5,078,500,000, to re- That no part of any other appropriation pro- $300,000: Provided further, That up to $3,000,000
main available until expended, of which vided in this title shall be available to fund may be reprogrammed for settled contractor
$2,227,092,000, to be derived from the Harbor the civil works activities of the Office of the claims, changed conditions, or real estate de-
Maintenance Trust Fund, shall be to cover Chief of Engineers or the civil works execu- ficiency judgments: Provided further, That up
the Federal share of eligible operations and tive direction and management activities of to $300,000 may be reprogrammed into any
maintenance costs for coastal harbors and the division offices: Provided further, That continuing study or activity that did not re-
channels, and for inland harbors; of which any Flood Control and Coastal Emergencies ceive an appropriation for existing obliga-
such sums as become available from the spe- appropriation may be used to fund the super- tions and concomitant administrative ex-
cial account for the Corps of Engineers es- vision and general administration of emer- penses;
tablished by the Land and Water Conserva- gency operations, repairs, and other activi- (8) OPERATION AND MAINTENANCE.—Unlim-
tion Fund Act of 1965 shall be derived from ties in response to any flood, hurricane, or ited reprogramming authority is granted for
that account for resource protection, re- other natural disaster. the Corps to be able to respond to emer-
search, interpretation, and maintenance ac- OFFICE OF THE ASSISTANT SECRETARY OF THE gencies: Provided, That the Chief of Engi-
tivities related to resource protection in the ARMY FOR CIVIL WORKS neers shall notify the Committees on Appro-
areas at which outdoor recreation is avail- priations of both Houses of Congress of these
For the Office of the Assistant Secretary of
able; of which such sums as become available emergency actions as soon thereafter as
the Army for Civil Works as authorized by 10
from fees collected under section 217 of Pub- practicable: Provided further, That for a base
U.S.C. 3016(b)(3), $5,000,000, to remain avail-
lic Law 104–303 shall be used to cover the level over $1,000,000, reprogramming of 15
able until September 30, 2024: Provided, That
cost of operation and maintenance of the percent of the base amount up to a limit of
not more than 75 percent of such amount
dredged material disposal facilities for which $5,000,000 per project, study, or activity is al-
may be obligated or expended until the As-
such fees have been collected; and of which lowed: Provided further, That for a base level
sistant Secretary submits to the Committees
$56,000,000, to be derived from the general less than $1,000,000, the reprogramming limit
on Appropriations of both Houses of Con-
fund of the Treasury, shall be to carry out is $150,000: Provided further, That $150,000 may
gress the report required under section 101(d)
subsection (c) of section 2106 of the Water be reprogrammed into any continuing study
of this Act and a work plan that allocates at
Resources Reform and Development Act of or activity that did not receive an appropria-
least 95 percent of the additional funding
2014 (33 U.S.C. 2238c) and shall be designated tion;
provided under each heading in the explana-
as being for such purpose pursuant to para- (9) MISSISSIPPI RIVER AND TRIBUTARIES.—
tory statement described in section 4 (in the
graph (2)(B) of section 14003 of division B of The reprogramming guidelines in paragraphs
matter preceding division A of this consoli-
the Coronavirus Aid, Relief, and Economic (6), (7), and (8) shall apply to the Investiga-
dated Act), to specific programs, projects, or
Security Act (Public Law 116–136): Provided, tions, Construction, and Operation and
activities.
That 1 percent of the total amount of funds Maintenance portions of the Mississippi
WATER INFRASTRUCTURE FINANCE AND River and Tributaries Account, respectively;
provided for each of the programs, projects, INNOVATION PROGRAM ACCOUNT
or activities funded under this heading shall and
For administrative expenses to carry out (10) FORMERLY UTILIZED SITES REMEDIAL AC-
not be allocated to a field operating activity
the direct and guaranteed loan programs au- TION PROGRAM.—Reprogramming of up to 15
prior to the beginning of the fourth quarter
thorized by the Water Infrastructure Fi- percent of the base of the receiving project is
of the fiscal year and shall be available for
nance and Innovation Act of 2014, $7,200,000,
dlhill on DSK120RN23PROD with SENATE
use by the Chief of Engineers to fund such permitted.
to remain available until September 30, 2024. (b) DE MINIMUS REPROGRAMMINGS.—In no
emergency activities as the Chief of Engi-
neers determines to be necessary and appro- GENERAL PROVISIONS—CORPS OF case should a reprogramming for less than
priate, and that the Chief of Engineers shall ENGINEERS—CIVIL $50,000 be submitted to the Committees on
allocate during the fourth quarter any re- (INCLUDING TRANSFER OF FUNDS) Appropriations of both Houses of Congress.
maining funds which have not been used for SEC. 101. (a) None of the funds provided in (c) CONTINUING AUTHORITIES PROGRAM.—
emergency activities proportionally in ac- title I of this Act, or provided by previous Subsection (a)(1) shall not apply to any
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