Consolidated Appropriations Act, 2023, H.R. 2617 — Congressional Record, House, December 23, 2022
Summary
This is a Congressional Record, House, December 23, 2022 document titled Consolidated Appropriations Act, 2023, H.R. 2617, beginning at page H10076. The opening section prints roll call vote lists, including a NAYS—227 list, and state that the motion to adjourn was rejected. A section lists Members recorded pursuant to House Resolution 8, 117th Congress. Under the heading Providing for a Correction in the Enrollment of H.R. 4373, Ms. DeLauro sends to the desk a concurrent resolution, S. Con. Res. 52, and asks unanimous consent for its immediate consideration in the House, and the Speaker pro tempore records no objection.
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, H.R. 2617 — Congressional Record, House, December 23, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-23-crec-2022-12-23-pt1-pgh10076-2-18b46ae06d/
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H10076 CONGRESSIONAL RECORD — HOUSE December 23, 2022
Smith (NE) Taylor Waltz b 1310 Miller (IL) Quigley (Blunt Stefanik (Zeldin)
Smith (NJ) Tenney Weber (TX) (Donalds) Rochester) Steube (Diaz-
Smucker Thompson (PA) Webster (FL) Ms. BLUNT ROCHESTER, Messrs. Miller (WV) Rice (NY) Balart)
Spartz Tiffany Wenstrup (Murphy (NC)) (Wasserman Stevens (Casten)
CARSON and ESPAILLAT, and Mrs. Miller-Meeks Schultz)
Stauber Turner Westerman Stewart
Steel Valadao Williams (TX)
PELTOLA changed their vote from (Keller) Rice (SC) (Weber (Armstrong)
Stefanik Van Drew Wilson (SC) ‘‘yea’’ to ‘‘nay.’’ Moolenaar (TX)) Suozzi (Clarke
(Bergman) Rodgers (WA)
Steil Van Duyne Yakym Messrs. FLEISCHMANN, HIGGINS of Moore (UT) (Bilirakis)
(NY))
Steube Wagner Zeldin Louisiana, and CAWTHORN changed Swalwell
(Armstrong) Rogers (AL) (Correa)
Stewart Walberg
their vote from ‘‘nay’’ to ‘‘yea.’’ Moore (WI) (Calvert)
Thompson (CA)
(Raskin) Roybal-Allard
NAYS—227 So the motion to adjourn was re- Morelle (Correa)
(Torres (CA))
jected. Thompson (MS)
Aguilar Gomez Pallone (Perlmutter) Ruiz (Takano)
Moulton Rush (Torres (Strickland)
Allred Gonzalez (OH) Panetta The result of the vote was announced Tiffany
Auchincloss Gonzalez, Pappas (Pappas) (CA))
as above recorded. Mrvan Ryan (OH) (Fitzgerald)
Axne Vicente Pascrell
(Perlmutter) (Blunt Titus (Pallone)
Barragán Gottheimer Payne MEMBERS RECORDED PURSUANT TO HOUSE
Murphy (FL) Rochester) Torres (NY)
Beatty Green, Al (TX) Pelosi RESOLUTION 8, 117TH CONGRESS
(Wasserman Salazar (Dunn) (Blunt
Bera Grijalva Peltola Aguilar (Soto) DeFazio Johnson (LA) Schultz) Sánchez (Levin Rochester)
Beyer Harder (CA) Perlmutter Amodei (Pallone) (Nehls) Napolitano (CA)) Tlaib (Levin
Bishop (GA) Hayes Peters (Balderson) DeGette (Blunt Johnson (TX) (Correa) Scanlon (Evans) (MI))
Blumenauer Higgins (NY) Phillips Auchincloss Rochester) (Pallone) Neal (Evans) Schakowsky Trahan (Pappas)
Blunt Rochester Himes Pingree (Wasserman DelBene Joyce (OH) Neguse (Casten) Trone (Phillips)
Bonamici Horsford Pocan Schultz) (Strickland) (Valadao) (Perlmutter) Schneider Turner (Garcia
Bourdeaux Houlahan Porter Axne (Pappas) Demings (Evans) Kahele (Correa) Newman (Correa) (Perlmutter) (CA))
Bowman Hoyer Pressley Babin (Nehls) DeSaulnier Katko (Kim Obernolte Schrader (Blunt Van Drew
Boyle, Brendan Huffman Price (NC) Bacon (Flood) (Beyer) (CA)) (Pfluger) Rochester) (Nehls)
F. Jackson Lee Quigley Baird (Bucshon) DesJarlais Keating Ocasio-Cortez Scott, David Van Duyne
Brown (MD) Jacobs (CA) Raskin Barr (Donalds) (Fleischmann) (Perlmutter) (Bowman) (Garcia (TX)) (Nehls)
Brown (OH) Jayapal Barragán (Clarke Doggett Kelly (IL) O’Halleran Sewell (Clarke
Rice (NY) Vargas (Correa)
Brownley Jeffries (NY)) (Takano) (Casten) (Pappas) (NY))
Ross Veasey (Clarke
Bucshon Johnson (GA) Beatty Doyle, Michael Kelly (PA) Omar (Blunt Sherrill
Roybal-Allard (NY))
Bush Johnson (TX) (Cherfilus- F. (Evans) (Keller) Rochester) (Phillips)
Ruiz Duncan (Weber Vélazquez
Bustos Jones McCormick) Khanna (Blunt Owens Simpson
Ruppersberger (TX)) (Clarke (NY))
Butterfield Kahele Bentz Rochester) (Armstrong) (Fulcher)
Rush Escobar (Garcia Wagner
Carbajal Kaptur (Fitzgerald) Kildee (Evans) Palazzo Sires (Pallone)
Rutherford (TX)) (Fleischmann)
Cárdenas Katko Bera (Beyer) Kilmer (Fleischmann) Slotkin (Raskin)
Ryan (NY) Ferguson Waltz (Dunn)
Carson Keating Bishop (GA) (Strickland) Pascrell Smith (WA)
Ryan (OH) (Kustoff) Kind (Beyer) (Pallone) (Garcia (TX)) Watson Coleman
Carter (LA) Kelly (IL) (Strickland)
Sánchez Fletcher (Evans) Kirkpatrick Payne (Pallone) Smucker (Joyce (Pallone)
Cartwright Khanna Blumenauer
Sarbanes (Beyer) Flores (Weber (Pallone) Peters (Torres (PA)) Welch (Pallone)
Case Kildee (TX))
Scanlon Bonamici Krishnamoorthi (CA)) Spartz (Bucshon) Wenstrup
Casten Kilmer Foster (Casten) (Johnson (OH))
Schakowsky (Wasserman (Pappas) Pingree (Beyer) Speier (Torres
Castor (FL) Kim (NJ) Frankel, Lois Williams (GA)
Schiff Schultz) Kuster (Pappas) Pocan (Raskin) (CA))
Castro (TX) Kind (Wasserman (Perlmutter)
Schneider Brooks (Moore LaHood (Kustoff) Porter (Beyer) Stansbury
Cheney Kirkpatrick Schultz) Williams (TX)
Schrader (AL)) LaMalfa Posey (Diaz- (Perlmutter)
Cherfilus- Krishnamoorthi Gallego (Beyer) (Weber (TX))
Schrier Brown (MD) (Fleischmann) Balart) Stauber
McCormick Kuster Garamendi
Scott (VA) (Ruppersberger) Lamborn Pressley (Fischbach) Wilson (FL)
Chu Lamb (Correa) (Perlmutter) Steel (Kim (CA)) (Cicilline)
Scott, David (Fleischmann)
Cicilline Langevin Garbarino
Clark (MA) Larsen (WA)
Sewell Brown (OH)
(Fischbach)
Langevin f
Sherman (Cherfilus- (Pappas)
Clarke (NY) Larson (CT) Garcı́a (IL)
Cleaver Lawrence
Sherrill McCormick)
(Correa)
Larson (CT) b 1315
Sires Brownley (Blunt
Clyburn Lawson (FL) Gibbs (Joyce PROVIDING FOR A CORRECTION IN
Slotkin (Correa) Rochester)
Cohen Lee (CA) (PA))
Smith (WA) Buchanan Gimenez (Diaz- LaTurner THE ENROLLMENT OF H.R. 4373
Cole Lee (NV) (Bucshon) (Valadao)
Connolly Leger Fernandez Soto Balart) Ms. DELAURO. Mr. Speaker, I send
Spanberger Budd (Kustoff) Gomez (Torres Lawrence
Cooper Levin (CA) Burgess (Weber (Garcia (TX)) to the desk a concurrent resolution and
Correa Levin (MI) Speier (CA))
Stansbury (TX)) Gonzales, Tony Lawson (FL) ask unanimous consent for its imme-
Costa Lieu Bush (Bowman) (Evans)
Courtney Lofgren Stanton (Weber (TX)) diate consideration in the House.
Bustos (Pappas) Lee (NV)
Craig Lowenthal Stevens
Cárdenas (Soto)
Gonzalez,
(Pappas)
The Clerk read the title of the con-
Strickland Vicente
Crow Luria Carter (GA) (Garcia (TX)) Leger Fernandez current resolution.
Cuellar Lynch Suozzi (Perlmutter) The SPEAKER pro tempore (Mr.
(Murphy (NC)) Gooden (TX)
Davids (KS) Malinowski Swalwell
Takano
Carter (TX) (Joyce (PA)) Letlow (Nehls) MALINOWSKI). Is there objection to the
Davis, Danny K. Maloney, (Nehls) Lofgren
Dean Carolyn B. Thompson (CA) Gosar (Weber request of the gentlewoman from Con-
Cartwright (TX)) (Takano)
DeFazio Maloney, Sean Thompson (MS) (Beyer) Gottheimer Long (Bucshon) necticut?
DeGette Manning Titus Castor (FL) (Craig) Loudermilk There was no objection.
DeLauro Matsui Tlaib (Wasserman (Fleischmann) The text of the concurrent resolution
Graves (MO)
DelBene McBath Tonko Schultz) Lowenthal
(Fleischmann) is as follows:
Demings McCollum Torres (CA) Castro (TX) Greene (GA) (Beyer)
Torres (NY) (Takano) Luetkemeyer
S. CON. RES. 52
DeSaulnier McGovern (Moore (AL))
Diaz-Balart McNerney Trahan Chu (Takano) Grijalva (Torres (Kim (CA)) Resolved by the Senate (the House of Rep-
Dingell Meeks Trone Cleaver (Davids (CA)) Luria (Connolly) resentatives concurring), That, in the enroll-
Doggett Meng Underwood (KS)) Grothman Lynch (Pappas) ment of H.R. 4373, the Clerk of the House of
Doyle, Michael Mfume Upton Clyburn (Fitzgerald) Mace (Nehls) Representatives shall amend the title so as
F. Moore (WI) Vargas (Wasserman Hartzler (Weber Malliotakis to read: ‘‘Making further continuing appro-
Escobar Morelle Veasey Schultz) (TX)) (Yakym)
Cohen (Casten)
priations for the fiscal year ending Sep-
Eshoo Moulton Velázquez Hayes (Raskin) Maloney, Sean P.
Conway Hern (Flood) (Torres (CA)) tember 30, 2023, and for other purposes.’’.
Espaillat Mrvan Wasserman
Evans Murphy (FL) Schultz (Valadao) Herrell (Joyce Manning (Ross) The concurrent resolution was agreed
Fitzpatrick Nadler Waters Cooper (Beyer) (PA)) McBath to.
Fletcher Napolitano Watson Coleman Costa (Correa) Hice (GA) (Strickland)
Courtney McCaul (Weber
A motion to reconsider was laid on
Foster Neal Welch (Bishop (NC))
Frankel, Lois Neguse Wexton (Perlmutter) Higgins (NY) (TX)) the table.
Gallego Newman Wild Crawford (Moore (Pallone) McClain f
(AL)) Houlahan (Fitzgerald)
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Garamendi Norcross Williams (GA)
Garcı́a (IL) O’Halleran Wilson (FL) Crow (Blunt (Evans) McHenry AGRICULTURE, RURAL DEVELOP-
Womack Rochester) Hudson (Rouzer) (Donalds) MENT, FOOD AND DRUG ADMIN-
Garcia (TX) Ocasio-Cortez
Cuellar (Garcia Huffman Meeks
Golden Omar Yarmuth
(TX)) (Casten) (Cherfilus- ISTRATION, AND RELATED
Curtis Jackson (Nehls) McCormick) AGENCIES APPROPRIATIONS
NOT VOTING—11 (Armstrong) Jacobs (NY) Meijer (Upton) ACT, 2023
Adams Hollingsworth Rogers (AL) Davis, Danny K. (Zeldin) Meng (Clarke
Buck Issa Timmons (Evans) Jayapal (NY)) Ms. DELAURO. Mr. Speaker, pursu-
Gallagher Kinzinger Wittman Dean (Evans) (Cicilline) Meuser (Nehls) ant to House Resolution 1531, I call up
Herrera Beutler McKinley
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10077
the bill (H.R. 2617) to amend section Title VII—General Provisions—Government- Title VIII—United States Parole Commission Ex-
1115 of title 31, United States Code, to wide tension
amend the description of how perform- Title VIII—General Provisions—District of Co- Title IX—Extension of FCC Auction Authority
lumbia Title X—Budgetary Effects
ance goals are achieved, and for other
purposes, with the Senate amendment DIVISION F—DEPARTMENT OF HOMELAND DIVISION P—ELECTORAL COUNT REFORM
SECURITY APPROPRIATIONS ACT, 2023 AND PRESIDENTIAL TRANSITION IM-
to the House amendment to the Senate
amendment thereto, and ask for its im- Title I—Departmental Management, Intel- PROVEMENT
ligence, Situational Awareness, DIVISION Q—AVIATION RELATED
mediate consideration. and Oversight
The Clerk read the title of the bill. MATTERS
Title II—Security, Enforcement, and Investiga-
The SPEAKER pro tempore. The tions DIVISION R—NO TIKTOK ON GOVERNMENT
Clerk will designate the Senate amend- Title III—Protection, Preparedness, Response, DEVICES
ment to the House amendment to the and Recovery DIVISION S—OCEANS RELATED MATTERS
Senate amendment. Title IV—Research, Development, Training, and DIVISION T—SECURE 2.0 ACT OF 2022
The text of the Senate amendment to Services
Title V—General Provisions DIVISION U—JOSEPH MAXWELL CLELAND
the House amendment to the Senate AND ROBERT JOSEPH DOLE MEMORIAL
amendment is as follows: DIVISION G—DEPARTMENT OF THE INTE- VETERANS BENEFITS AND HEALTH CARE
RIOR, ENVIRONMENT, AND RELATED IMPROVEMENT ACT OF 2022
In lieu of the matter proposed to be in-
AGENCIES APPROPRIATIONS ACT, 2023
serted by the House in Senate amendment 4, DIVISION V—STRONG VETERANS ACT OF
insert the following: Title I—Department of the Interior 2022
SECTION 1. SHORT TITLE.
Title II—Environmental Protection Agency
Title III—Related Agencies DIVISION W—UNLEASHING AMERICAN
This Act may be cited as the ‘‘Consolidated Title IV—General Provisions INNOVATORS ACT OF 2022
Appropriations Act, 2023’’.
DIVISION H—DEPARTMENTS OF LABOR, DIVISION X—EXTENSION OF AUTHORIZA-
SEC. 2. TABLE OF CONTENTS.
HEALTH AND HUMAN SERVICES, AND TION FOR SPECIAL ASSESSMENT FOR
Sec. 1. Short title. EDUCATION, AND RELATED AGENCIES DOMESTIC TRAFFICKING VICTIMS’ FUND
Sec. 2. Table of contents. APPROPRIATIONS ACT, 2023 DIVISION Y—CONTRACT ACT OF 2022
Sec. 3. References.
Title I—Department of Labor DIVISION Z—COVS ACT
Sec. 4. Explanatory statement.
Title II—Department of Health and Human
Sec. 5. Statement of appropriations. DIVISION AA—FINANCIAL SERVICES
Services
Sec. 6. Adjustments to compensation. MATTERS
Title III—Department of Education
DIVISION A—AGRICULTURE, RURAL DE- Title IV—Related Agencies DIVISION BB—CONSUMER PROTECTION
VELOPMENT, FOOD AND DRUG ADMINIS- Title V—General Provisions AND COMMERCE
TRATION, AND RELATED AGENCIES AP- DIVISION CC—WATER RELATED MATTERS
DIVISION I—LEGISLATIVE BRANCH
PROPRIATIONS ACT, 2023
APPROPRIATIONS ACT, 2023 DIVISION DD—PUBLIC LAND
Title I—Agricultural Programs
Title I—Legislative Branch MANAGEMENT
Title II—Farm Production and Conservation
Title II—General Provisions DIVISION EE—POST OFFICE
Programs
Title III—Rural Development Programs DIVISION J—MILITARY CONSTRUCTION, DESIGNATIONS
Title IV—Domestic Food Programs VETERANS AFFAIRS, AND RELATED DIVISION FF—HEALTH AND HUMAN
Title V—Foreign Assistance and Related Pro- AGENCIES APPROPRIATIONS ACT, 2023 SERVICES
grams Title I—Department of Defense
DIVISION GG—MERGER FILING FEE
Title VI—Related Agency and Food and Drug Title II—Department of Veterans Affairs
MODERNIZATION
Administration Title III—Related Agencies
Title VII—General Provisions Title IV—General Provisions DIVISION HH—AGRICULTURE
DIVISION B—COMMERCE, JUSTICE, DIVISION K—DEPARTMENT OF STATE, DIVISION II—PREGNANT WORKERS
SCIENCE, AND RELATED AGENCIES AP- FOREIGN OPERATIONS, AND RELATED DIVISION JJ—NORTH ATLANTIC RIGHT
PROPRIATIONS ACT, 2023 PROGRAMS APPROPRIATIONS ACT, 2023 WHALES
Title I—Department of Commerce Title I—Department of State and Related Agen- DIVISION KK—PUMP FOR NURSING
Title II—Department of Justice cy MOTHERS ACT
Title III—Science Title II—United States Agency for International
DIVISION LL—STATE, LOCAL, TRIBAL, AND TER-
Title IV—Related Agencies Development
RITORIAL FISCAL RECOVERY, INFRASTRUCTURE,
Title V—General Provisions Title III—Bilateral Economic Assistance
AND DISASTER RELIEF FLEXIBILITY
DIVISION C—DEPARTMENT OF DEFENSE Title IV—International Security Assistance
APPROPRIATIONS ACT, 2023 Title V—Multilateral Assistance DIVISION MM—FAIRNESS FOR 9/11
Title VI—Export and Investment Assistance FAMILIES ACT
Title I—Military Personnel
Title VII—General Provisions SEC. 3. REFERENCES.
Title II—Operation and Maintenance
Title III—Procurement DIVISION L—TRANSPORTATION, HOUSING Except as expressly provided otherwise, any
Title IV—Research, Development, Test and AND URBAN DEVELOPMENT, AND RE- reference to ‘‘this Act’’ contained in any divi-
Evaluation LATED AGENCIES APPROPRIATIONS ACT, sion of this Act shall be treated as referring only
Title V—Revolving and Management Funds 2023 to the provisions of that division.
Title VI—Other Department of Defense Pro- Title I—Department of Transportation SEC. 4. EXPLANATORY STATEMENT.
grams Title II—Department of Housing and Urban De- The explanatory statement regarding this Act,
Title VII—Related Agencies velopment printed in the Senate section of the Congres-
Title VIII—General Provisions Title III—Related Agencies sional Record on or about December 19, 2022,
DIVISION D—ENERGY AND WATER DEVEL- Title IV—General Provisions—This Act and submitted by the chair of the Committee on
OPMENT AND RELATED AGENCIES AP- DIVISION M—ADDITIONAL UKRAINE SUP- Appropriations of the Senate, shall have the
PROPRIATIONS ACT, 2023 PLEMENTAL APPROPRIATIONS ACT, 2023 same effect with respect to the allocation of
Title I—Corps of Engineers—Civil DIVISION N—DISASTER RELIEF SUPPLE- funds and implementation of divisions A
Title II—Department of the Interior MENTAL APPROPRIATIONS ACT, 2023 through L of this Act as if it were a joint ex-
Title III—Department of Energy planatory statement of a committee of con-
DIVISION O—EXTENDERS AND TECHNICAL
Title IV—Independent Agencies ference.
CORRECTIONS
Title V—General Provisions SEC. 5. STATEMENT OF APPROPRIATIONS.
Title I—National Cybersecurity Protection Sys-
DIVISION E—FINANCIAL SERVICES AND tem Authorization Extension The following sums in this Act are appro-
GENERAL GOVERNMENT APPROPRIA- Title II—NDAA Technical Corrections priated, out of any money in the Treasury not
TIONS ACT, 2023 Title III—Immigration Extensions otherwise appropriated, for the fiscal year end-
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Title I—Department of the Treasury Title IV—Environment and Public Works Mat- ing September 30, 2023.
Title II—Executive Office of the President and ters SEC. 6. ADJUSTMENTS TO COMPENSATION.
Funds Appropriated to the Presi- Title V—Safety Enhancements Notwithstanding any other provision of law,
dent Title VI—Extension of Temporary Order for no adjustment shall be made under section
Title III—The Judiciary Fentanyl-Related Substances 601(a) of the Legislative Reorganization Act of
Title IV—District of Columbia Title VII—Federal Trade Commission Oversight 1946 (2 U.S.C. 4501) (relating to cost of living ad-
Title V—Independent Agencies of Horseracing Integrity and Safe- justments for Members of Congress) during fiscal
Title VI—General Provisions—This Act ty Authority year 2023.
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H10078 CONGRESSIONAL RECORD — HOUSE December 23, 2022
DIVISION A—AGRICULTURE, RURAL DE- notification period referenced in section 716 of ant to the Inspector General Act of 1978 (Public
VELOPMENT, FOOD AND DRUG ADMINIS- this Act, the Secretary of Agriculture shall take Law 95–452; 5 U.S.C. App.), $111,561,000, includ-
TRATION, AND RELATED AGENCIES AP- no action to begin implementation of the action ing such sums as may be necessary for con-
PROPRIATIONS ACT, 2023 that is subject to section 716 of this Act or make tracting and other arrangements with public
TITLE I any public announcement of such action in any agencies and private persons pursuant to sec-
AGRICULTURAL PROGRAMS form. tion 6(a)(9) of the Inspector General Act of 1978
EXECUTIVE OPERATIONS (Public Law 95–452; 5 U.S.C. App.), and includ-
PROCESSING, RESEARCH, AND MARKETING ing not to exceed $125,000 for certain confiden-
OFFICE OF THE SECRETARY OFFICE OF THE CHIEF ECONOMIST
tial operational expenses, including the pay-
(INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the ment of informants, to be expended under the
Chief Economist, $28,181,000, of which $8,000,000 direction of the Inspector General pursuant to
For necessary expenses of the Office of the
shall be for grants or cooperative agreements for the Inspector General Act of 1978 (Public Law
Secretary, $65,067,000 of which not to exceed
policy research under 7 U.S.C. 3155: Provided, 95–452; 5 U.S.C. App.) and section 1337 of the
$7,432,000 shall be available for the immediate
That of the amounts made available under this Agriculture and Food Act of 1981 (Public Law
Office of the Secretary; not to exceed $1,396,000
heading, $500,000 shall be available to carry out 97–98).
shall be available for the Office of Homeland Se-
section 224 of subtitle A of the Department of
curity; not to exceed $5,190,000 shall be available OFFICE OF THE GENERAL COUNSEL
Agriculture Reorganization Act of 1994 (7 U.S.C.
for the Office of Tribal Relations, of which For necessary expenses of the Office of the
6924), as amended by section 12504 of Public
$1,000,000 shall be to establish a Tribal Public General Counsel, $60,537,000.
Law 115–334.
Health Resource Center at a land grant univer-
OFFICE OF HEARINGS AND APPEALS OFFICE OF ETHICS
sity with existing indigenous public health ex-
pertise to expand current partnerships and col- For necessary expenses of the Office of Hear- For necessary expenses of the Office of Ethics,
laborative efforts with indigenous groups, in- ings and Appeals, $16,703,000. $5,556,000.
cluding but not limited to, tribal organizations OFFICE OF BUDGET AND PROGRAM ANALYSIS OFFICE OF THE UNDER SECRETARY FOR
and institutions such as tribal colleges, tribal RESEARCH, EDUCATION, AND ECONOMICS
For necessary expenses of the Office of Budget
technical colleges, tribal community colleges and For necessary expenses of the Office of the
and Program Analysis, $14,967,000.
tribal universities, to improve the delivery of Under Secretary for Research, Education, and
culturally appropriate public health services OFFICE OF THE CHIEF INFORMATION OFFICER
Economics, $2,384,000: Provided, That funds
and functions in American Indian communities For necessary expenses of the Office of the made available by this Act to an agency in the
focusing on indigenous food sovereignty; not to Chief Information Officer, $92,284,000, of which Research, Education, and Economics mission
exceed $9,280,000 shall be available for the Office not less than $77,428,000 is for cybersecurity re- area for salaries and expenses are available to
of Partnerships and Public Engagement, of quirements of the department. fund up to one administrative support staff for
which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); OFFICE OF THE CHIEF FINANCIAL OFFICER the Office: Provided further, That of the
not to exceed $28,422,000 shall be available for amounts made available under this heading,
For necessary expenses of the Office of the
the Office of the Assistant Secretary for Admin- $1,000,000 shall be made available for the Office
Chief Financial Officer, $7,367,000.
istration, of which $26,716,000 shall be available of the Chief Scientist.
for Departmental Administration to provide for OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
RIGHTS ECONOMIC RESEARCH SERVICE
necessary expenses for management support
services to offices of the Department and for For necessary expenses of the Office of the As- For necessary expenses of the Economic Re-
general administration, security, repairs and al- sistant Secretary for Civil Rights, $1,466,000: search Service, $92,612,000.
terations, and other miscellaneous supplies and Provided, That funds made available by this Act NATIONAL AGRICULTURAL STATISTICS SERVICE
expenses not otherwise provided for and nec- to an agency in the Civil Rights mission area for For necessary expenses of the National Agri-
essary for the practical and efficient work of the salaries and expenses are available to fund up cultural Statistics Service, $211,076,000, of which
Department: Provided, That funds made avail- to one administrative support staff for the Of- up to $66,413,000 shall be available until ex-
able by this Act to an agency in the Administra- fice. pended for the Census of Agriculture: Provided,
tion mission area for salaries and expenses are OFFICE OF CIVIL RIGHTS That amounts made available for the Census of
available to fund up to one administrative sup- Agriculture may be used to conduct Current In-
For necessary expenses of the Office of Civil
port staff for the Office; not to exceed $4,609,000 dustrial Report surveys subject to 7 U.S.C.
Rights, $37,595,000.
shall be available for the Office of Assistant Sec- 2204g(d) and (f).
retary for Congressional Relations and Inter- AGRICULTURE BUILDINGS AND FACILITIES
AGRICULTURAL RESEARCH SERVICE
governmental Affairs to carry out the programs (INCLUDING TRANSFERS OF FUNDS)
funded by this Act, including programs involv- SALARIES AND EXPENSES
For payment of space rental and related costs
ing intergovernmental affairs and liaison within pursuant to Public Law 92–313, including au- For necessary expenses of the Agricultural Re-
the executive branch; and not to exceed thorities pursuant to the 1984 delegation of au- search Service and for acquisition of lands by
$8,738,000 shall be available for the Office of thority from the Administrator of General Serv- donation, exchange, or purchase at a nominal
Communications: Provided further, That the ices to the Department of Agriculture under 40 cost not to exceed $100, and for land exchanges
Secretary of Agriculture is authorized to trans- U.S.C. 121, for programs and activities of the where the lands exchanged shall be of equal
fer funds appropriated for any office of the Of- Department which are included in this Act, and value or shall be equalized by a payment of
fice of the Secretary to any other office of the for alterations and other actions needed for the money to the grantor which shall not exceed 25
Office of the Secretary: Provided further, That Department and its agencies to consolidate percent of the total value of the land or interests
no appropriation for any office shall be in- unneeded space into configurations suitable for transferred out of Federal ownership,
creased or decreased by more than 5 percent: release to the Administrator of General Services, $1,744,279,000: Provided, That appropriations
Provided further, That not to exceed $22,000 of and for the operation, maintenance, improve- hereunder shall be available for the operation
the amount made available under this para- ment, and repair of Agriculture buildings and and maintenance of aircraft and the purchase
graph for the immediate Office of the Secretary facilities, and for related costs, $40,581,000, to of not to exceed one for replacement only: Pro-
shall be available for official reception and rep- remain available until expended. vided further, That appropriations hereunder
resentation expenses, not otherwise provided shall be available pursuant to 7 U.S.C. 2250 for
HAZARDOUS MATERIALS MANAGEMENT
for, as determined by the Secretary: Provided the construction, alteration, and repair of build-
further, That the amount made available under (INCLUDING TRANSFERS OF FUNDS) ings and improvements, but unless otherwise
this heading for Departmental Administration For necessary expenses of the Department of provided, the cost of constructing any one build-
shall be reimbursed from applicable appropria- Agriculture, to comply with the Comprehensive ing shall not exceed $500,000, except for
tions in this Act for travel expenses incident to Environmental Response, Compensation, and headhouses or greenhouses which shall each be
the holding of hearings as required by 5 U.S.C. Liability Act (42 U.S.C. 9601 et seq.) and the limited to $1,800,000, except for 10 buildings to be
551–558: Provided further, That funds made Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), constructed or improved at a cost not to exceed
available under this heading for the Office of $7,581,000, to remain available until expended: $1,100,000 each, and except for four buildings to
the Assistant Secretary for Congressional Rela- Provided, That appropriations and funds avail- be constructed at a cost not to exceed $5,000,000
tions and Intergovernmental Affairs shall be able herein to the Department for Hazardous each, and the cost of altering any one building
transferred to agencies of the Department of Ag- Materials Management may be transferred to during the fiscal year shall not exceed 10 per-
riculture funded by this Act to maintain per- any agency of the Department for its use in cent of the current replacement value of the
sonnel at the agency level: Provided further, meeting all requirements pursuant to the above building or $500,000, whichever is greater: Pro-
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That no funds made available under this head- Acts on Federal and non-Federal lands. vided further, That appropriations hereunder
ing for the Office of Assistant Secretary for Con- OFFICE OF SAFETY, SECURITY, AND PROTECTION shall be available for entering into lease agree-
gressional Relations may be obligated after 30 ments at any Agricultural Research Service lo-
For necessary expenses of the Office of Safety,
days from the date of enactment of this Act, un- cation for the construction of a research facility
Security, and Protection, $21,800,000.
less the Secretary has notified the Committees by a non-Federal entity for use by the Agricul-
on Appropriations of both Houses of Congress OFFICE OF INSPECTOR GENERAL tural Research Service and a condition of the
on the allocation of these funds by USDA agen- For necessary expenses of the Office of In- lease shall be that any facility shall be owned,
cy: Provided further, That during any 30 day spector General, including employment pursu- operated, and maintained by the non-Federal
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10079
entity and shall be removed upon the expiration culture to pay administrative costs incurred by the authority of the Horse Protection Act of
or termination of the lease agreement: Provided the Secretary in carrying out that authority. 1970, as amended (15 U.S.C. 1831); of which
further, That the limitations on alterations con- NATIVE AMERICAN INSTITUTIONS ENDOWMENT $64,930,000, to remain available until expended,
tained in this Act shall not apply to moderniza- FUND shall be used to support avian health; of which
tion or replacement of existing facilities at Belts- For the Native American Institutions Endow- $4,251,000, to remain available until expended,
ville, Maryland: Provided further, That appro- ment Fund authorized by Public Law 103–382 (7 shall be for information technology infrastruc-
priations hereunder shall be available for grant- ture; of which $216,117,000, to remain available
U.S.C. 301 note), $11,880,000, to remain available
ing easements at the Beltsville Agricultural Re- until expended, shall be for specialty crop pests,
until expended.
search Center: Provided further, That the fore- of which $8,500,000, to remain available until
EXTENSION ACTIVITIES September 30, 2024, shall be for one-time control
going limitations shall not apply to replacement
of buildings needed to carry out the Act of April For payments to States, the District of Colum- and management and associated activities di-
24, 1948 (21 U.S.C. 113a): Provided further, That bia, Puerto Rico, Guam, the Virgin Islands, Mi- rectly related to the multiple-agency response to
appropriations hereunder shall be available for cronesia, the Northern Marianas, and American citrus greening; of which, $14,986,000, to remain
granting easements at any Agricultural Re- Samoa, $565,410,000 which shall be for the pur- available until expended, shall be for field crop
search Service location for the construction of a poses, and in the amounts, specified in the table and rangeland ecosystem pests; of which
research facility by a non-Federal entity for use titled ‘‘National Institute of Food and Agri- $21,567,000, to remain available until expended,
by, and acceptable to, the Agricultural Research culture, Extension Activities’’ in the explana- shall be for zoonotic disease management; of
Service and a condition of the easements shall tory statement described in section 4 (in the which $44,067,000, to remain available until ex-
be that upon completion the facility shall be ac- matter preceding division A of this consolidated pended, shall be for emergency preparedness
cepted by the Secretary, subject to the avail- Act): Provided, That funds for extension serv- and response; of which $62,562,000, to remain
ability of funds herein, if the Secretary finds ices at 1994 institutions and for facility improve- available until expended, shall be for tree and
that acceptance of the facility is in the interest ments at 1890 institutions shall remain available wood pests; of which $6,500,000, to remain avail-
of the United States: Provided further, That until expended: Provided further, That institu- able until expended, shall be for the National
funds may be received from any State, other po- tions eligible to receive funds under 7 U.S.C. Veterinary Stockpile; of which up to $1,500,000,
litical subdivision, organization, or individual 3221 for cooperative extension receive no less to remain available until expended, shall be for
for the purpose of establishing or operating any than $1,000,000: Provided further, That funds the scrapie program for indemnities; of which
research facility or research project of the Agri- for cooperative extension under sections 3(b) $2,500,000, to remain available until expended,
cultural Research Service, as authorized by law. and (c) of the Smith-Lever Act (7 U.S.C. 343(b) shall be for the wildlife damage management
and (c)) and section 208(c) of Public Law 93–471 program for aviation safety: Provided, That of
BUILDINGS AND FACILITIES
shall be available for retirement and employees’ amounts available under this heading for wild-
For the acquisition of land, construction, re- compensation costs for extension agents. life services methods development, $1,000,000
pair, improvement, extension, alteration, and INTEGRATED ACTIVITIES shall remain available until expended: Provided
purchase of fixed equipment or facilities as nec- further, That of amounts available under this
essary to carry out the agricultural research For the integrated research, education, and
heading for the screwworm program, $4,990,000
programs of the Department of Agriculture, extension grants programs, including necessary
shall remain available until expended; of which
where not otherwise provided, $74,297,000 to re- administrative expenses, $41,500,000, which shall
$24,527,000, to remain available until expended,
main available until expended, of which be for the purposes, and in the amounts, speci- shall be used to carry out the science program
$56,697,000 shall be for the purposes, and in the fied in the table titled ‘‘National Institute of and transition activities for the National Bio
amounts, specified for this account in the table Food and Agriculture, Integrated Activities’’ in and Agro-defense Facility located in Manhat-
titled ‘‘Community Project Funding/Congres- the explanatory statement described in section 4 tan, Kansas: Provided further, That no funds
sionally Directed Spending’’ in the explanatory (in the matter preceding division A of this con- shall be used to formulate or administer a bru-
statement described in section 4 (in the matter solidated Act): Provided, That funds for the cellosis eradication program for the current fis-
preceding division A of this consolidated Act). Food and Agriculture Defense Initiative shall cal year that does not require minimum match-
remain available until September 30, 2024: Pro- ing by the States of at least 40 percent: Provided
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE vided further, That notwithstanding any other further, That this appropriation shall be avail-
RESEARCH AND EDUCATION ACTIVITIES provision of law, indirect costs shall not be able for the purchase, replacement, operation,
For payments to agricultural experiment sta- charged against any Extension Implementation and maintenance of aircraft: Provided further,
tions, for cooperative forestry and other re- Program Area grant awarded under the Crop That in addition, in emergencies which threaten
search, for facilities, and for other expenses, Protection/Pest Management Program (7 U.S.C. any segment of the agricultural production in-
$1,094,121,000 which shall be for the purposes, 7626). dustry of the United States, the Secretary may
and in the amounts, specified in the table titled OFFICE OF THE UNDER SECRETARY FOR transfer from other appropriations or funds
‘‘National Institute of Food and Agriculture, MARKETING AND REGULATORY PROGRAMS available to the agencies or corporations of the
Research and Education Activities’’ in the ex- For necessary expenses of the Office of the Department such sums as may be deemed nec-
planatory statement described in section 4 (in Under Secretary for Marketing and Regulatory essary, to be available only in such emergencies
the matter preceding division A of this consoli- Programs, $1,617,000: Provided, That funds for the arrest and eradication of contagious or
dated Act): Provided, That funds for research made available by this Act to an agency in the infectious disease or pests of animals, poultry,
grants for 1994 institutions, education grants for Marketing and Regulatory Programs mission or plants, and for expenses in accordance with
1890 institutions, Hispanic serving institutions area for salaries and expenses are available to sections 10411 and 10417 of the Animal Health
education grants, capacity building for non- fund up to one administrative support staff for Protection Act (7 U.S.C. 8310 and 8316) and sec-
land-grant colleges of agriculture, the agri- the Office. tions 431 and 442 of the Plant Protection Act (7
culture and food research initiative, veterinary ANIMAL AND PLANT HEALTH INSPECTION SERVICE U.S.C. 7751 and 7772), and any unexpended bal-
medicine loan repayment, multicultural schol- ances of funds transferred for such emergency
SALARIES AND EXPENSES purposes in the preceding fiscal year shall be
ars, graduate fellowship and institution chal-
lenge grants, grants management systems, tribal (INCLUDING TRANSFERS OF FUNDS) merged with such transferred amounts: Provided
colleges education equity grants, and scholar- For necessary expenses of the Animal and further, That appropriations hereunder shall be
ships at 1890 institutions shall remain available Plant Health Inspection Service, including up to available pursuant to law (7 U.S.C. 2250) for the
until expended: Provided further, That each in- $30,000 for representation allowances and for ex- repair and alteration of leased buildings and im-
stitution eligible to receive funds under the penses pursuant to the Foreign Service Act of provements, but unless otherwise provided the
Evans-Allen program receives no less than 1980 (22 U.S.C. 4085), $1,171,071,000 of which up cost of altering any one building during the fis-
$1,000,000: Provided further, That funds for edu- to $9,552,000 shall be for the purposes, and in cal year shall not exceed 10 percent of the cur-
cation grants for Alaska Native and Native Ha- the amounts, specified for this account in the rent replacement value of the building.
waiian-serving institutions be made available to table titled ‘‘Community Project Funding/Con- In fiscal year 2023, the agency is authorized to
individual eligible institutions or consortia of el- gressionally Directed Spending’’ in the explana- collect fees to cover the total costs of providing
igible institutions with funds awarded equally tory statement described in section 4 (in the technical assistance, goods, or services requested
to each of the States of Alaska and Hawaii: Pro- matter preceding division A of this consolidated by States, other political subdivisions, domestic
vided further, That funds for providing grants Act); of which $514,000, to remain available and international organizations, foreign govern-
for food and agricultural sciences for Alaska until expended, shall be available for the control ments, or individuals, provided that such fees
Native and Native Hawaiian-Serving institu- of outbreaks of insects, plant diseases, animal are structured such that any entity’s liability
tions and for Insular Areas shall remain avail- diseases and for control of pest animals and for such fees is reasonably based on the tech-
able until September 30, 2024: Provided further, birds (‘‘contingency fund’’) to the extent nec- nical assistance, goods, or services provided to
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That funds for education grants for 1890 institu- essary to meet emergency conditions; of which the entity by the agency, and such fees shall be
tions shall be made available to institutions eli- $15,450,000, to remain available until expended, reimbursed to this account, to remain available
gible to receive funds under 7 U.S.C. 3221 and shall be used for the cotton pests program, in- until expended, without further appropriation,
3222: Provided further, That not more than 5 cluding for cost share purposes or for debt re- for providing such assistance, goods, or services.
percent of the amounts made available by this tirement for active eradication zones; of which BUILDINGS AND FACILITIES
or any other Act to carry out the Agriculture $39,183,000, to remain available until expended, For plans, construction, repair, preventive
and Food Research Initiative under 7 U.S.C. shall be for Animal Health Technical Services; maintenance, environmental support, improve-
3157 may be retained by the Secretary of Agri- of which $4,096,000 shall be for activities under ment, extension, alteration, and purchase of
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H10080 CONGRESSIONAL RECORD — HOUSE December 23, 2022
fixed equipment or facilities, as authorized by 7 up to one administrative support staff for the ations, and (c) key milestones to be met; (2) dem-
U.S.C. 2250, and acquisition of land as author- Office. onstrates that each project/investment is, (a)
ized by 7 U.S.C. 2268a, $3,175,000, to remain FOOD SAFETY AND INSPECTION SERVICE consistent with the Farm Service Agency Infor-
available until expended. mation Technology Roadmap, (b) being man-
For necessary expenses to carry out services
AGRICULTURAL MARKETING SERVICE aged in accordance with applicable lifecycle
authorized by the Federal Meat Inspection Act,
management policies and guidance, and (c) sub-
MARKETING SERVICES the Poultry Products Inspection Act, and the
ject to the applicable Department’s capital plan-
For necessary expenses of the Agricultural Egg Products Inspection Act, including not to
ning and investment control requirements; and
Marketing Service, $237,695,000, of which exceed $10,000 for representation allowances and
(3) has been reviewed by the Government Ac-
$7,504,000 shall be available for the purposes of for expenses pursuant to section 8 of the Act ap-
countability Office and approved by the Com-
section 12306 of Public Law 113–79, and of which proved August 3, 1956 (7 U.S.C. 1766),
mittees on Appropriations of both Houses of
$1,000,000 shall be available for the purposes of $1,158,266,000; and in addition, $1,000,000 may be
Congress: Provided further, That the agency
section 779 of division A of Public Law 117–103: credited to this account from fees collected for
shall submit a report by the end of the fourth
Provided, That of the amounts made available the cost of laboratory accreditation as author-
quarter of fiscal year 2023 to the Committees on
under this heading, $25,000,000, to remain avail- ized by section 1327 of the Food, Agriculture,
Appropriations and the Government Account-
able until expended, shall be to carry out sec- Conservation and Trade Act of 1990 (7 U.S.C.
ability Office, that identifies for each project/in-
tion 12513 of Public Law 115–334, of which 138f): Provided, That funds provided for the
vestment that is operational (a) current perform-
$23,000,000 shall be for dairy business innova- Public Health Data Communication Infrastruc-
ance against key indicators of customer satisfac-
tion initiatives established in Public Law 116–6 ture system shall remain available until ex-
tion, (b) current performance of service level
and the Secretary shall take measures to ensure pended: Provided further, That no fewer than
agreements or other technical metrics, (c) cur-
an equal distribution of funds between these 148 full-time equivalent positions shall be em-
rent performance against a pre-established cost
three regional innovation initiatives: Provided ployed during fiscal year 2023 for purposes dedi-
baseline, (d) a detailed breakdown of current
further, That this appropriation shall be avail- cated solely to inspections and enforcement re-
and planned spending on operational enhance-
able pursuant to law (7 U.S.C. 2250) for the al- lated to the Humane Methods of Slaughter Act
ments or upgrades, and (e) an assessment of
teration and repair of buildings and improve- (7 U.S.C. 1901 et seq.): Provided further, That
whether the investment continues to meet busi-
ments, but the cost of altering any one building the Food Safety and Inspection Service shall
ness needs as intended as well as alternatives to
during the fiscal year shall not exceed 10 per- continue implementation of section 11016 of
the investment: Provided further, That the Sec-
cent of the current replacement value of the Public Law 110–246 as further clarified by the
retary is authorized to use the services, facili-
building. amendments made in section 12106 of Public
ties, and authorities (but not the funds) of the
Fees may be collected for the cost of standard- Law 113–79: Provided further, That this appro-
Commodity Credit Corporation to make program
ization activities, as established by regulation priation shall be available pursuant to law (7
payments for all programs administered by the
pursuant to law (31 U.S.C. 9701), except for the U.S.C. 2250) for the alteration and repair of
Agency: Provided further, That other funds
cost of activities relating to the development or buildings and improvements, but the cost of al-
made available to the Agency for authorized ac-
maintenance of grain standards under the tering any one building during the fiscal year
tivities may be advanced to and merged with
United States Grain Standards Act, 7 U.S.C. 71 shall not exceed 10 percent of the current re-
this account: Provided further, That of the
et seq. placement value of the building.
amount appropriated under this heading,
LIMITATION ON ADMINISTRATIVE EXPENSES TITLE II $696,594,000 shall be made available to county
Not to exceed $62,596,000 (from fees collected) FARM PRODUCTION AND CONSERVATION committees, to remain available until expended:
shall be obligated during the current fiscal year PROGRAMS Provided further, That, notwithstanding the
for administrative expenses: Provided, That if OFFICE OF THE UNDER SECRETARY FOR FARM preceding proviso, any funds made available to
crop size is understated and/or other uncontrol- PRODUCTION AND CONSERVATION county committees in the current fiscal year
lable events occur, the agency may exceed this For necessary expenses of the Office of the that the Administrator of the Farm Service
limitation by up to 10 percent with notification Under Secretary for Farm Production and Con- Agency deems to exceed or not meet the amount
to the Committees on Appropriations of both servation, $1,727,000: Provided, That funds made needed for the county committees may be trans-
Houses of Congress. available by this Act to an agency in the Farm ferred to or from the Farm Service Agency for
FUNDS FOR STRENGTHENING MARKETS, INCOME, Production and Conservation mission area for necessary expenses: Provided further, That none
AND SUPPLY (SECTION 32) salaries and expenses are available to fund up of the funds available to the Farm Service Agen-
to one administrative support staff for the Of- cy shall be used to close Farm Service Agency
(INCLUDING TRANSFERS OF FUNDS)
fice. county offices: Provided further, That none of
Funds available under section 32 of the Act of the funds available to the Farm Service Agency
August 24, 1935 (7 U.S.C. 612c), shall be used FARM PRODUCTION AND CONSERVATION BUSINESS shall be used to permanently relocate county
only for commodity program expenses as author- CENTER based employees that would result in an office
ized therein, and other related operating ex- SALARIES AND EXPENSES with two or fewer employees without prior noti-
penses, except for: (1) transfers to the Depart- (INCLUDING TRANSFERS OF FUNDS) fication and approval of the Committees on Ap-
ment of Commerce as authorized by the Fish propriations of both Houses of Congress.
For necessary expenses of the Farm Produc-
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.);
tion and Conservation Business Center, STATE MEDIATION GRANTS
(2) transfers otherwise provided in this Act; and
$248,684,000: Provided, That $60,228,000 of For grants pursuant to section 502(b) of the
(3) not more than $21,501,000 for formulation
amounts appropriated for the current fiscal year Agricultural Credit Act of 1987, as amended (7
and administration of marketing agreements
pursuant to section 1241(a) of the Farm Security U.S.C. 5101–5106), $7,000,000.
and orders pursuant to the Agricultural Mar-
and Rural Investment Act of 1985 (16 U.S.C.
keting Agreement Act of 1937 and the Agricul- GRASSROOTS SOURCE WATER PROTECTION
3841(a)) shall be transferred to and merged with
tural Act of 1961 (Public Law 87–128). PROGRAM
this account.
PAYMENTS TO STATES AND POSSESSIONS For necessary expenses to carry out wellhead
FARM SERVICE AGENCY
For payments to departments of agriculture, or groundwater protection activities under sec-
SALARIES AND EXPENSES tion 1240O of the Food Security Act of 1985 (16
bureaus and departments of markets, and simi-
lar agencies for marketing activities under sec- (INCLUDING TRANSFERS OF FUNDS) U.S.C. 3839bb–2), $7,500,000, to remain available
tion 204(b) of the Agricultural Marketing Act of For necessary expenses of the Farm Service until expended.
1946 (7 U.S.C. 1623(b)), $1,235,000. Agency, $1,215,307,000, of which not less than DAIRY INDEMNITY PROGRAM
LIMITATION ON INSPECTION AND WEIGHING $15,000,000 shall be for the hiring of new em- (INCLUDING TRANSFER OF FUNDS)
SERVICES EXPENSES ployees to fill vacancies and anticipated vacan-
For necessary expenses involved in making in-
cies at Farm Service Agency county offices and
Not to exceed $55,000,000 (from fees collected) demnity payments to dairy farmers and manu-
farm loan officers and shall be available until
shall be obligated during the current fiscal year facturers of dairy products under a dairy in-
September 30, 2024: Provided, That not more
for inspection and weighing services: Provided, demnity program, such sums as may be nec-
than 50 percent of the funding made available
That if grain export activities require additional essary, to remain available until expended: Pro-
under this heading for information technology
supervision and oversight, or other uncontrol- vided, That such program is carried out by the
related to farm program delivery may be obli-
lable factors occur, this limitation may be ex- Secretary in the same manner as the dairy in-
gated until the Secretary submits to the Commit-
ceeded by up to 10 percent with notification to demnity program described in the Agriculture,
tees on Appropriations of both Houses of Con-
the Committees on Appropriations of both Rural Development, Food and Drug Administra-
gress, and receives written or electronic notifica-
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Houses of Congress. tion, and Related Agencies Appropriations Act,
tion of receipt from such Committees of, a plan
OFFICE OF THE UNDER SECRETARY FOR FOOD 2001 (Public Law 106–387, 114 Stat. 1549A–12).
for expenditure that (1) identifies for each
SAFETY project/investment over $25,000 (a) the func- GEOGRAPHICALLY DISADVANTAGED FARMERS AND
For necessary expenses of the Office of the tional and performance capabilities to be deliv- RANCHERS
Under Secretary for Food Safety, $1,117,000: ered and the mission benefits to be realized, (b) For necessary expenses to carry out direct re-
Provided, That funds made available by this Act the estimated lifecycle cost for the entirety of imbursement payments to geographically dis-
to an agency in the Food Safety mission area the project/investment, including estimates for advantaged farmers and ranchers under section
for salaries and expenses are available to fund development as well as maintenance and oper- 1621 of the Food Conservation, and Energy Act
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10081
of 2008 (7 U.S.C. 8792), $4,000,000, to remain the Act of August 3, 1956 (7 U.S.C. 2268a); pur- CORPORATIONS
available until expended. chase and erection or alteration or improvement The following corporations and agencies are
AGRICULTURAL CREDIT INSURANCE FUND of permanent and temporary buildings; and op- hereby authorized to make expenditures, within
PROGRAM ACCOUNT eration and maintenance of aircraft, the limits of funds and borrowing authority
$941,124,000, to remain available until September available to each such corporation or agency
(INCLUDING TRANSFERS OF FUNDS)
30, 2024, of which up to $22,973,000 shall be for and in accord with law, and to make contracts
For gross obligations for the principal amount the purposes, and in the amounts, specified for and commitments without regard to fiscal year
of direct and guaranteed farm ownership (7 this account in the table titled ‘‘Community limitations as provided by section 104 of the
U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 Project Funding/Congressionally Directed Government Corporation Control Act as may be
et seq.) loans, emergency loans (7 U.S.C. 1961 et Spending’’ in the explanatory statement de- necessary in carrying out the programs set forth
seq.), Indian tribe land acquisition loans (25 scribed in section 4 (in the matter preceding di- in the budget for the current fiscal year for such
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), vision A of this consolidated Act): Provided fur- corporation or agency, except as hereinafter
guaranteed conservation loans (7 U.S.C. 1924 et ther, That appropriations hereunder shall be provided.
seq.), relending program (7 U.S.C. 1936c), and available pursuant to 7 U.S.C. 2250 for construc- FEDERAL CROP INSURANCE CORPORATION FUND
Indian highly fractionated land loans (25 U.S.C. tion and improvement of buildings and public For payments as authorized by section 516 of
5136) to be available from funds in the Agricul- improvements at plant materials centers, except the Federal Crop Insurance Act (7 U.S.C. 1516),
tural Credit Insurance Fund, as follows: that the cost of alterations and improvements to such sums as may be necessary, to remain avail-
$3,500,000,000 for guaranteed farm ownership other buildings and other public improvements able until expended.
loans and $3,100,000,000 for farm ownership di- shall not exceed $250,000: Provided further, That
rect loans; $2,118,491,000 for unsubsidized guar- COMMODITY CREDIT CORPORATION FUND
when buildings or other structures are erected
anteed operating loans and $1,633,333,000 for di- REIMBURSEMENT FOR NET REALIZED LOSSES
on non-Federal land, that the right to use such
rect operating loans; emergency loans, land is obtained as provided in 7 U.S.C. 2250a. (INCLUDING TRANSFERS OF FUNDS)
$4,062,000; Indian tribe land acquisition loans, WATERSHED AND FLOOD PREVENTION OPERATIONS For the current fiscal year, such sums as may
$20,000,000; guaranteed conservation loans, be necessary to reimburse the Commodity Credit
For necessary expenses to carry out preventive
$150,000,000; relending program, $61,426,000; In- Corporation for net realized losses sustained,
measures, including but not limited to surveys
dian highly fractionated land loans, $5,000,000; but not previously reimbursed, pursuant to sec-
and investigations, engineering operations,
and for boll weevil eradication program loans, tion 2 of the Act of August 17, 1961 (15 U.S.C.
works of improvement, and changes in use of
$60,000,000: Provided, That the Secretary shall 713a–11): Provided, That of the funds available
land, in accordance with the Watershed Protec-
deem the pink bollworm to be a boll weevil for to the Commodity Credit Corporation under sec-
tion and Flood Prevention Act (16 U.S.C. 1001–
the purpose of boll weevil eradication program tion 11 of the Commodity Credit Corporation
1005 and 1007–1009) and in accordance with the
loans. Charter Act (15 U.S.C. 714i) for the conduct of
provisions of laws relating to the activities of
For the cost of direct and guaranteed loans its business with the Foreign Agricultural Serv-
the Department, $75,000,000, to remain available
and grants, including the cost of modifying ice, up to $5,000,000 may be transferred to and
until expended, of which up to $20,591,000 shall used by the Foreign Agricultural Service for in-
loans as defined in section 502 of the Congres-
be for the purposes, and in the amounts, speci- formation resource management activities of the
sional Budget Act of 1974, as follows: $249,000
fied for this account in the table titled ‘‘Commu- Foreign Agricultural Service that are not related
for emergency loans, to remain available until
nity Project Funding/Congressionally Directed to Commodity Credit Corporation business: Pro-
expended; and $23,520,000 for direct farm oper-
Spending’’ in the explanatory statement de- vided further, That the Secretary shall notify
ating loans, $11,228,000 for unsubsidized guar-
scribed in section 4 (in the matter preceding di- the Committees on Appropriations of the House
anteed farm operating loans, $10,983,000 for the
vision A of this consolidated Act): Provided, and Senate in writing 15 days prior to the obli-
relending program, and $894,000 for Indian
That for funds provided by this Act or any other gation or commitment of any emergency funds
highly fractionated land loans.
prior Act, the limitation regarding the size of from the Commodity Credit Corporation.
In addition, for administrative expenses nec-
the watershed or subwatershed exceeding two
essary to carry out the direct and guaranteed HAZARDOUS WASTE MANAGEMENT
hundred and fifty thousand acres in which such
loan programs, $326,461,000: Provided, That of (LIMITATION ON EXPENSES)
activities can be undertaken shall only apply
this amount, $305,803,000 shall be transferred to For the current fiscal year, the Commodity
for activities undertaken for the primary pur-
and merged with the appropriation for ‘‘Farm Credit Corporation shall not expend more than
pose of flood prevention (including structural
Service Agency, Salaries and Expenses’’. $15,000,000 for site investigation and cleanup ex-
and land treatment measures): Provided further,
Funds appropriated by this Act to the Agri- penses, and operations and maintenance ex-
That of the amounts made available under this
cultural Credit Insurance Program Account for penses to comply with the requirement of section
heading, $10,000,000 shall be allocated to
farm ownership, operating and conservation di- 107(g) of the Comprehensive Environmental Re-
projects and activities that can commence
rect loans and guaranteed loans may be trans- sponse, Compensation, and Liability Act (42
promptly following enactment; that address re-
ferred among these programs: Provided, That U.S.C. 9607(g)), and section 6001 of the Solid
gional priorities for flood prevention, agricul-
the Committees on Appropriations of both Waste Disposal Act (42 U.S.C. 6961).
tural water management, inefficient irrigation
Houses of Congress are notified at least 15 days
systems, fish and wildlife habitat, or watershed TITLE III
in advance of any transfer.
protection; or that address authorized ongoing RURAL DEVELOPMENT PROGRAMS
RISK MANAGEMENT AGENCY projects under the authorities of section 13 of OFFICE OF THE UNDER SECRETARY FOR RURAL
SALARIES AND EXPENSES the Flood Control Act of December 22, 1944 DEVELOPMENT
For necessary expenses of the Risk Manage- (Public Law 78–534) with a primary purpose of For necessary expenses of the Office of the
ment Agency, $66,870,000: Provided, That watershed protection by preventing floodwater Under Secretary for Rural Development,
$1,000,000 of the amount appropriated under damage and stabilizing stream channels, tribu- $1,620,000: Provided, That funds made available
this heading in this Act shall be available for taries, and banks to reduce erosion and sedi- by this Act to an agency in the Rural Develop-
compliance and integrity activities required ment transport: Provided further, That of the ment mission area for salaries and expenses are
under section 516(b)(2)(C) of the Federal Crop amounts made available under this heading, available to fund up to one administrative sup-
Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), $10,000,000 shall remain available until ex- port staff for the Office.
and shall be in addition to amounts otherwise pended for the authorities under 16 U.S.C. 1001–
RURAL DEVELOPMENT
provided for such purpose: Provided further, 1005 and 1007–1009 for authorized ongoing wa-
tershed projects with a primary purpose of pro- SALARIES AND EXPENSES
That not to exceed $1,000 shall be available for
viding water to rural communities. (INCLUDING TRANSFERS OF FUNDS)
official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i). WATERSHED REHABILITATION PROGRAM For necessary expenses for carrying out the
Under the authorities of section 14 of the Wa- administration and implementation of Rural De-
NATURAL RESOURCES CONSERVATION SERVICE
tershed Protection and Flood Prevention Act, velopment programs, including activities with
CONSERVATION OPERATIONS institutions concerning the development and op-
$2,000,000 is provided.
For necessary expenses for carrying out the eration of agricultural cooperatives; and for co-
HEALTHY FORESTS RESERVE PROGRAM
provisions of the Act of April 27, 1935 (16 U.S.C. operative agreements; $351,087,000: Provided,
590a–f), including preparation of conservation For necessary expenses to carry out the That of the amount made available under this
plans and establishment of measures to conserve Healthy Forests Reserve Program under the heading, up to $5,000,000, to remain available
soil and water (including farm irrigation and Healthy Forests Restoration Act of 2003 (16 until September 30, 2024, shall be for the Rural
land drainage and such special measures for soil U.S.C. 6571–6578), $7,000,000, to remain available Partners Network activities of the Department
and water management as may be necessary to until expended. of Agriculture, and may be transferred to other
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prevent floods and the siltation of reservoirs and URBAN AGRICULTURE AND INNOVATIVE agencies of the Department for such purpose,
to control agricultural related pollutants); oper- PRODUCTION consistent with the missions and authorities of
ation of conservation plant materials centers; For necessary expenses to carry out the Urban such agencies: Provided further, That of the
classification and mapping of soil; dissemination Agriculture and Innovative Production Program amount made available under this heading, no
of information; acquisition of lands, water, and under section 222 of subtitle A of the Depart- less than $135,000,000, to remain available until
interests therein for use in the plant materials ment of Agriculture Reorganization Act of 1994 expended, shall be used for information tech-
program by donation, exchange, or purchase at (7 U.S.C. 6923), as added by section 12302 of nology expenses: Provided further, That not-
a nominal cost not to exceed $100 pursuant to Public Law 115–334, $8,500,000. withstanding any other provision of law, funds
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H10082 CONGRESSIONAL RECORD — HOUSE December 23, 2022
appropriated under this heading may be used Budget Act of 1974, $36,000,000, to remain avail- 1949, but notwithstanding subsection (b) of such
for advertising and promotional activities that able until expended, for a demonstration pro- section, $48,000,000, to remain available until ex-
support Rural Development programs: Provided gram for the preservation and revitalization of pended: Provided, That the funds made avail-
further, That in addition to any other funds ap- the sections 514, 515, and 516 multi-family rental able under this heading shall be available for
propriated for purposes authorized by section housing properties to restructure existing USDA rural housing vouchers to any low-income
502(i) of the Housing Act of 1949 (42 U.S.C. multi-family housing loans, as the Secretary household (including those not receiving rental
1472(i)), any amounts collected under such sec- deems appropriate, expressly for the purposes of assistance) residing in a property financed with
tion, as amended by this Act, will immediately ensuring the project has sufficient resources to a section 515 loan which has been prepaid or
be credited to this account and will remain preserve the project for the purpose of providing otherwise paid off after September 30, 2005: Pro-
available until expended for such purposes. safe and affordable housing for low-income resi- vided further, That the amount of such voucher
RURAL HOUSING SERVICE dents and farm laborers including reducing or shall be the difference between comparable mar-
RURAL HOUSING INSURANCE FUND PROGRAM eliminating interest; deferring loan payments, ket rent for the section 515 unit and the tenant
ACCOUNT subordinating, reducing or re-amortizing loan paid rent for such unit: Provided further, That
debt; and other financial assistance including funds made available for such vouchers shall be
(INCLUDING TRANSFERS OF FUNDS)
advances, payments and incentives (including subject to the availability of annual appropria-
For gross obligations for the principal amount the ability of owners to obtain reasonable re- tions: Provided further, That the Secretary
of direct and guaranteed loans as authorized by turns on investment) required by the Secretary: shall, to the maximum extent practicable, ad-
title V of the Housing Act of 1949, to be avail- Provided, That the Secretary shall, as part of minister such vouchers with current regulations
able from funds in the rural housing insurance the preservation and revitalization agreement, and administrative guidance applicable to sec-
fund, as follows: $1,250,000,000 shall be for direct obtain a restrictive use agreement consistent tion 8 housing vouchers administered by the
loans, $7,500,000 shall be for a Single Family with the terms of the restructuring. Secretary of the Department of Housing and
Housing Relending demonstration program for In addition, for the cost of direct loans, Urban Development: Provided further, That in
Native American Tribes, and $30,000,000,000 grants, and contracts, as authorized by sections addition to any other available funds, the Sec-
shall be for unsubsidized guaranteed loans; 514 and 516 of the Housing Act of 1949 (42 U.S.C. retary may expend not more than $1,000,000
$28,000,000 for section 504 housing repair loans; 1484, 1486), $14,084,000, to remain available until total, from the program funds made available
$70,000,000 for section 515 rental housing; expended, for direct farm labor housing loans under this heading, for administrative expenses
$400,000,000 for section 538 guaranteed multi- and domestic farm labor housing grants and for activities funded under this heading.
family housing loans; $10,000,000 for credit sales contracts.
of single family housing acquired property; MUTUAL AND SELF-HELP HOUSING GRANTS
In addition, for administrative expenses nec-
$5,000,000 for section 523 self-help housing land essary to carry out the direct and guaranteed For grants and contracts pursuant to section
development loans; and $5,000,000 for section 524 loan programs, $412,254,000 shall be paid to the 523(b)(1)(A) of the Housing Act of 1949 (42
site development loans. appropriation for ‘‘Rural Development, Salaries U.S.C. 1490c), $32,000,000, to remain available
For the cost of direct and guaranteed loans, and Expenses’’. until expended.
including the cost of modifying loans, as defined RURAL HOUSING ASSISTANCE GRANTS
RENTAL ASSISTANCE PROGRAM
in section 502 of the Congressional Budget Act For grants for very low-income housing repair
of 1974, as follows: section 502 loans, $46,375,000 For rental assistance agreements entered into
or renewed pursuant to the authority under sec- and rural housing preservation made by the
shall be for direct loans; Single Family Housing Rural Housing Service, as authorized by 42
Relending demonstration program for Native tion 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgive- U.S.C. 1474, and 1490m, $48,000,000, to remain
American Tribes, $2,468,000; section 504 housing available until expended.
repair loans, $2,324,000; section 523 self-help ness or payments for eligible households as au-
housing land development loans, $267,000; sec- thorized by section 502(c)(5)(D) of the Housing RURAL COMMUNITY FACILITIES PROGRAM
tion 524 site development loans, $208,000; and re- Act of 1949, $1,487,926,000, and in addition such ACCOUNT
pair, rehabilitation, and new construction of sums as may be necessary, as authorized by sec- (INCLUDING TRANSFERS OF FUNDS)
section 515 rental housing, $13,377,000: Provided, tion 521(c) of the Act, to liquidate debt incurred For gross obligations for the principal amount
That to support the loan program level for sec- prior to fiscal year 1992 to carry out the rental of direct and guaranteed loans as authorized by
tion 538 guaranteed loans made available under assistance program under section 521(a)(2) of section 306 and described in section 381E(d)(1) of
this heading the Secretary may charge or adjust the Act: Provided, That rental assistance agree- the Consolidated Farm and Rural Development
any fees to cover the projected cost of such loan ments entered into or renewed during the cur- Act, $2,800,000,000 for direct loans and
guarantees pursuant to the provisions of the rent fiscal year shall be funded for a one-year $650,000,000 for guaranteed loans.
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), period: Provided further, That upon request by For the cost of direct loans, loan guarantees
and the interest on such loans may not be sub- an owner of a project financed by an existing and grants, including the cost of modifying
sidized: Provided further, That applicants in loan under section 514 or 515 of the Act, the Sec- loans, as defined in section 502 of the Congres-
communities that have a current rural area retary may renew the rental assistance agree- sional Budget Act of 1974, for rural community
waiver under section 541 of the Housing Act of ment for a period of 20 years or until the term facilities programs as authorized by section 306
1949 (42 U.S.C. 1490q) shall be treated as living of such loan has expired, subject to annual ap- and described in section 381E(d)(1) of the Con-
in a rural area for purposes of section 502 guar- propriations: Provided further, That any unex- solidated Farm and Rural Development Act,
anteed loans provided under this heading: Pro- pended balances remaining at the end of such $341,490,328, to remain available until expended,
vided further, That of the amounts available one-year agreements may be transferred and of which up to $325,490,328 shall be for the pur-
under this paragraph for section 502 direct used for purposes of any debt reduction, mainte- poses, and in the amounts, specified for this ac-
loans, no less than $5,000,000 shall be available nance, repair, or rehabilitation of any existing count in the table titled ‘‘Community Project
for direct loans for individuals whose homes will projects; preservation; and rental assistance ac- Funding/Congressionally Directed Spending’’ in
be built pursuant to a program funded with a tivities authorized under title V of the Act: Pro- the explanatory statement described in section 4
mutual and self-help housing grant authorized vided further, That rental assistance provided (in the matter preceding division A of this con-
by section 523 of the Housing Act of 1949 until under agreements entered into prior to fiscal solidated Act): Provided, That $6,000,000 of the
June 1, 2023: Provided further, That the Sec- year 2023 for a farm labor multi-family housing amount appropriated under this heading shall
retary shall implement provisions to provide in- project financed under section 514 or 516 of the be available for a Rural Community Develop-
centives to nonprofit organizations and public Act may not be recaptured for use in another ment Initiative: Provided further, That such
housing authorities to facilitate the acquisition project until such assistance has remained un- funds shall be used solely to develop the capac-
of Rural Housing Service (RHS) multifamily used for a period of 12 consecutive months, if ity and ability of private, nonprofit community-
housing properties by such nonprofit organiza- such project has a waiting list of tenants seek- based housing and community development or-
tions and public housing authorities that com- ing such assistance or the project has rental as- ganizations, low-income rural communities, and
mit to keep such properties in the RHS multi- sistance eligible tenants who are not receiving Federally Recognized Native American Tribes to
family housing program for a period of time as such assistance: Provided further, That such re- undertake projects to improve housing, commu-
determined by the Secretary, with such incen- captured rental assistance shall, to the extent nity facilities, community and economic devel-
tives to include, but not be limited to, the fol- practicable, be applied to another farm labor opment projects in rural areas: Provided fur-
lowing: allow such nonprofit entities and public multi-family housing project financed under ther, That such funds shall be made available to
housing authorities to earn a Return on Invest- section 514 or 516 of the Act: Provided further, qualified private, nonprofit and public inter-
ment on their own resources to include proceeds That except as provided in the fourth proviso mediary organizations proposing to carry out a
from low income housing tax credit syndication, under this heading and notwithstanding any program of financial and technical assistance:
own contributions, grants, and developer loans other provision of the Act, the Secretary may re- Provided further, That such intermediary orga-
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at favorable rates and terms, invested in a deal; capture rental assistance provided under agree- nizations shall provide matching funds from
and allow reimbursement of organizational costs ments entered into prior to fiscal year 2023 for a other sources, including Federal funds for re-
associated with owner’s oversight of asset re- project that the Secretary determines no longer lated activities, in an amount not less than
ferred to as ‘‘Asset Management Fee’’ of up to needs rental assistance and use such recaptured funds provided: Provided further, That any un-
$7,500 per property. funds for current needs. obligated balances from prior year appropria-
In addition, for the cost of direct loans and RURAL HOUSING VOUCHER ACCOUNT tions under this heading for the cost of direct
grants, including the cost of modifying loans, as For the rural housing voucher program as au- loans, loan guarantees and grants, including
defined in section 502 of the Congressional thorized under section 542 of the Housing Act of amounts deobligated or cancelled, may be made
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10083
available to cover the subsidy costs for direct RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM For the cost of loan guarantees and grants,
loans and or loan guarantees under this head- ACCOUNT including the cost of modifying loans, as defined
ing in this fiscal year: Provided further, That For the principal amount of direct loans, as in section 502 of the Congressional Budget Act
no amounts may be made available pursuant to authorized under section 313B(a) of the Rural of 1974, for rural water, waste water, waste dis-
the preceding proviso from amounts that were Electrification Act, for the purpose of promoting posal, and solid waste management programs
designated by the Congress as an emergency re- rural economic development and job creation authorized by sections 306, 306A, 306C, 306D,
quirement pursuant to a Concurrent Resolution projects, $75,000,000. 306E, and 310B and described in sections
on the Budget or the Balanced Budget and The cost of grants authorized under section 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Emergency Deficit Control Act of 1985, or that 313B(a) of the Rural Electrification Act, for the Consolidated Farm and Rural Development Act,
were specified in the table titled ‘‘Community purpose of promoting rural economic develop- $596,404,000, to remain available until expended,
Project Funding/Congressionally Directed ment and job creation projects shall not exceed of which not to exceed $1,000,000 shall be avail-
Spending’’ in the explanatory statement for di- $15,000,000. able for the rural utilities program described in
vision A of Public Law 117-103 described in sec- section 306(a)(2)(B) of such Act, and of which
RURAL COOPERATIVE DEVELOPMENT GRANTS not to exceed $5,000,000 shall be available for the
tion 4 in the matter preceding such division A:
Provided further, That $10,000,000 of the For rural cooperative development grants au- rural utilities program described in section 306E
amount appropriated under this heading shall thorized under section 310B(e) of the Consoli- of such Act: Provided, That not to exceed
be available for community facilities grants to dated Farm and Rural Development Act (7 $15,000,000 of the amount appropriated under
tribal colleges, as authorized by section U.S.C. 1932), $28,300,000, of which $3,500,000 this heading shall be for grants authorized by
306(a)(19) of such Act: Provided further, That shall be for cooperative agreements for the ap- section 306A(i)(2) of the Consolidated Farm and
sections 381E–H and 381N of the Consolidated propriate technology transfer for rural areas Rural Development Act in addition to funding
Farm and Rural Development Act are not appli- program: Provided, That not to exceed $3,000,000 authorized by section 306A(i)(1) of such Act:
cable to the funds made available under this shall be for grants for cooperative development Provided further, That $70,000,000 of the
heading. centers, individual cooperatives, or groups of co- amount appropriated under this heading shall
operatives that serve socially disadvantaged be for loans and grants including water and
RURAL BUSINESS—COOPERATIVE SERVICE groups and a majority of the boards of directors waste disposal systems grants authorized by sec-
RURAL BUSINESS PROGRAM ACCOUNT or governing boards of which are comprised of tion 306C(a)(2)(B) and section 306D of the Con-
For the cost of loan guarantees and grants, individuals who are members of socially dis- solidated Farm and Rural Development Act, and
for the rural business development programs au- advantaged groups; and of which $16,000,000, to Federally Recognized Native American Tribes
thorized by section 310B and described in sub- remain available until expended, shall be for authorized by 306C(a)(1) of such Act: Provided
sections (a), (c), (f) and (g) of section 310B of value-added agricultural product market devel- further, That funding provided for section 306D
the Consolidated Farm and Rural Development opment grants, as authorized by section 210A of of the Consolidated Farm and Rural Develop-
Act, $86,520,000, to remain available until ex- the Agricultural Marketing Act of 1946, of ment Act may be provided to a consortium
which $3,000,000, to remain available until ex- formed pursuant to section 325 of Public Law
pended: Provided, That of the amount appro-
pended, shall be for Agriculture Innovation 105–83: Provided further, That not more than 2
priated under this heading, not to exceed
Centers authorized pursuant to section 6402 of percent of the funding provided for section 306D
$500,000 shall be made available for one grant to
Public Law 107–171. of the Consolidated Farm and Rural Develop-
a qualified national organization to provide
ment Act may be used by the State of Alaska for
technical assistance for rural transportation in RURAL MICROENTREPRENEUR ASSISTANCE
training and technical assistance programs and
order to promote economic development and PROGRAM
not more than 2 percent of the funding provided
$9,000,000 shall be for grants to the Delta Re- For the principal amount of direct loans as for section 306D of the Consolidated Farm and
gional Authority (7 U.S.C. 2009aa et seq.), the authorized by section 379E of the Consolidated Rural Development Act may be used by a con-
Northern Border Regional Commission (40 Farm and Rural Development Act (7 U.S.C. sortium formed pursuant to section 325 of Public
U.S.C. 15101 et seq.), and the Appalachian Re- 2008s), $25,000,000. Law 105–83 for training and technical assistance
gional Commission (40 U.S.C. 14101 et seq.) for For the cost of loans and grants, $6,000,000 programs: Provided further, That not to exceed
any Rural Community Advancement Program under the same terms and conditions as author- $37,500,000 of the amount appropriated under
purpose as described in section 381E(d) of the ized by section 379E of the Consolidated Farm this heading shall be for technical assistance
Consolidated Farm and Rural Development Act, and Rural Development Act (7 U.S.C. 2008s). grants for rural water and waste systems pursu-
of which not more than 5 percent may be used ant to section 306(a)(14) of such Act, unless the
RURAL ENERGY FOR AMERICA PROGRAM
for administrative expenses: Provided further, Secretary makes a determination of extreme
That $4,000,000 of the amount appropriated For the principal amount of loan guarantees,
under the same terms and conditions as author- need, of which $8,500,000 shall be made avail-
under this heading shall be for business grants able for a grant to a qualified nonprofit multi-
to benefit Federally Recognized Native Amer- ized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), State regional technical assistance organization,
ican Tribes, including $250,000 for a grant to a with experience in working with small commu-
qualified national organization to provide tech- $20,000,000.
For the cost of a program of loan guarantees, nities on water and waste water problems, the
nical assistance for rural transportation in principal purpose of such grant shall be to assist
order to promote economic development: Pro- under the same terms and conditions as author-
ized by section 9007 of the Farm Security and rural communities with populations of 3,300 or
vided further, That of the amount appropriated less, in improving the planning, financing, de-
under this heading, $2,000,000 shall be for the Rural Investment Act of 2002 (7 U.S.C. 8107),
velopment, operation, and management of water
Rural Innovation Stronger Economy Grant Pro- $18,000: Provided, That the cost of loan guaran-
and waste water systems, and of which not less
gram (7 U.S.C. 2008w): Provided further, That tees, including the cost of modifying such loans,
than $800,000 shall be for a qualified national
sections 381E–H and 381N of the Consolidated shall be as defined in section 502 of the Congres-
Native American organization to provide tech-
Farm and Rural Development Act are not appli- sional Budget Act of 1974.
nical assistance for rural water systems for trib-
cable to funds made available under this head- HEALTHY FOOD FINANCING INITIATIVE al communities: Provided further, That not to
ing. For the cost of loans and grants that is con- exceed $21,180,000 of the amount appropriated
INTERMEDIARY RELENDING PROGRAM FUND sistent with section 243 of subtitle D of title II under this heading shall be for contracting with
ACCOUNT of the Department of Agriculture Reorganiza- qualified national organizations for a circuit
tion Act of 1994 (7 U.S.C. 6953), as added by sec- rider program to provide technical assistance for
(INCLUDING TRANSFER OF FUNDS)
tion 4206 of the Agricultural Act of 2014, for nec- rural water systems: Provided further, That not
For the principal amount of direct loans, as essary expenses of the Secretary to support to exceed $4,000,000 of the amounts made avail-
authorized by the Intermediary Relending Pro- projects that provide access to healthy food in able under this heading shall be for solid waste
gram Fund Account (7 U.S.C. 1936b), underserved areas, to create and preserve qual- management grants: Provided further, That not
$18,889,000. ity jobs, and to revitalize low-income commu- to exceed $2,724,000 of the amounts appropriated
For the cost of direct loans, $3,313,000, as au- nities, $3,000,000, to remain available until ex- under this heading shall be available as the Sec-
thorized by the Intermediary Relending Program pended: Provided, That such costs of loans, in- retary deems appropriate for water and waste
Fund Account (7 U.S.C. 1936b), of which cluding the cost of modifying such loans, shall direct one percent loans for distressed commu-
$331,000 shall be available through June 30, be as defined in section 502 of the Congressional nities: Provided further, That if the Secretary
2023, for Federally Recognized Native American Budget Act of 1974. determines that any portion of the amount made
Tribes; and of which $663,000 shall be available RURAL UTILITIES SERVICE available for one percent loans is not needed for
through June 30, 2023, for Mississippi Delta Re- such loans, the Secretary may use such amounts
RURAL WATER AND WASTE DISPOSAL PROGRAM
gion counties (as determined in accordance with for grants authorized by section 306(a)(2) of the
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ACCOUNT
Public Law 100–460): Provided, That such costs, Consolidated Farm and Rural Development Act:
including the cost of modifying such loans, shall (INCLUDING TRANSFERS OF FUNDS) Provided further, That if any funds made avail-
be as defined in section 502 of the Congressional For gross obligations for the principal amount able for the direct loan subsidy costs remain un-
Budget Act of 1974. of direct and guaranteed loans as authorized by obligated after July 31, 2024, such unobligated
In addition, for administrative expenses to section 306 and described in section 381E(d)(2) of balances may be used for grant programs funded
carry out the direct loan programs, $4,468,000 the Consolidated Farm and Rural Development under this heading: Provided further, That
shall be paid to the appropriation for ‘‘Rural Act, as follows: $1,420,000,000 for direct loans; $10,000,000 of the amount appropriated under
Development, Salaries and Expenses’’. and $50,000,000 for guaranteed loans. this heading shall be transferred to, and merged
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H10084 CONGRESSIONAL RECORD — HOUSE December 23, 2022
with, the Rural Utilities Service, High Energy specified for this account in the table titled total amount available, $14,000,000 shall remain
Cost Grants Account to provide grants author- ‘‘Community Project Funding/Congressionally available until expended to carry out section
ized under section 19 of the Rural Electrification Directed Spending’’ in the explanatory state- 18(g) of the Richard B. Russell National School
Act of 1936 (7 U.S.C. 918a): Provided further, ment described in section 4 (in the matter pre- Lunch Act (42 U.S.C. 1769(g)): Provided further,
That sections 381E–H and 381N of the Consoli- ceding division A of this consolidated Act): Pro- That notwithstanding section 18(g)(3)(C) of the
dated Farm and Rural Development Act are not vided, That the Secretary may award grants de- Richard B. Russell National School Lunch Act
applicable to the funds made available under scribed in section 601(a) of the Rural Electrifica- (42 U.S.C. 1769(g)(3)(c)), the total grant amount
this heading. tion Act of 1936, as amended (7 U.S.C. 950bb(a)) provided to a farm to school grant recipient in
RURAL ELECTRIFICATION AND for the purposes of carrying out such pilot pro- fiscal year 2023 shall not exceed $500,000: Pro-
TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT gram: Provided further, That the cost of direct vided further, That of the total amount avail-
loans shall be defined in section 502 of the Con- able, $30,000,000 shall be available to provide
(INCLUDING TRANSFER OF FUNDS)
gressional Budget Act of 1974: Provided further, competitive grants to State agencies for sub-
The principal amount of loans and loan guar- That at least 90 percent of the households to be grants to local educational agencies and schools
antees as authorized by sections 4, 305, 306, served by a project receiving a loan or grant to purchase the equipment, with a value of
313A, and 317 of the Rural Electrification Act of under the pilot program shall be in a rural area greater than $1,000, needed to serve healthier
1936 (7 U.S.C. 904, 935, 936, 940c–1, and 940g) without sufficient access to broadband: Pro- meals, improve food safety, and to help support
shall be made as follows: guaranteed rural elec- vided further, That for purposes of such pilot the establishment, maintenance, or expansion of
tric loans made pursuant to section 306 of that program, a rural area without sufficient access the school breakfast program: Provided further,
Act, $2,167,000,000; cost of money direct loans to broadband shall be defined as twenty-five That of the total amount available, $40,000,000
made pursuant to sections 4, notwithstanding megabits per second downstream and three shall remain available until expended to carry
the one-eighth of one percent in 4(c)(2), and 317, megabits per second upstream: Provided further, out section 749(g) of the Agriculture Appropria-
notwithstanding 317(c), of that Act, That to the extent possible, projects receiving tions Act of 2010 (Public Law 111–80): Provided
$4,333,000,000; guaranteed underwriting loans funds provided under the pilot program must further, That of the total amount available,
pursuant to section 313A of that Act, build out service to at least one hundred mega- $2,000,000 shall remain available until expended
$900,000,000; and for cost-of-money rural tele- bits per second downstream, and twenty mega- to carry out activities authorized under sub-
communications loans made pursuant to section bits per second upstream: Provided further,
305(d)(2) of that Act, $690,000,000: Provided, sections (a)(2) and (e)(2) of section 21 of the
That an entity to which a loan or grant is made Richard B. Russell National School Lunch Act
That up to $2,000,000,000 shall be used for the under the pilot program shall not use the loan
construction, acquisition, design, engineering or (42 U.S.C. 1769b–1(a)(2) and (e)(2)): Provided
or grant to overbuild or duplicate broadband further, That of the total amount available,
improvement of fossil-fueled electric generating service in a service area by any entity that has
plants (whether new or existing) that utilize $3,000,000 shall be available until September 30,
received a broadband loan from the Rural Utili- 2024 to carry out section 23 of the Child Nutri-
carbon subsurface utilization and storage sys- ties Service unless such service is not provided
tems. tion Act of 1966 (42 U.S.C. 1793), of which
sufficient access to broadband at the minimum $1,000,000 shall be for grants under such section
For the cost of direct loans as authorized by service threshold: Provided further, That not
section 305(d)(2) of the Rural Electrification Act to the Commonwealth of Puerto Rico, the Com-
more than four percent of the funds made avail- monwealth of the Northern Mariana Islands,
of 1936 (7 U.S.C. 935(d)(2)), including the cost of able in this paragraph can be used for adminis-
modifying loans, as defined in section 502 of the the United States Virgin Islands, Guam, and
trative costs to carry out the pilot program and
Congressional Budget Act of 1974, cost of money American Samoa: Provided further, That section
up to three percent of funds made available in
rural telecommunications loans, $3,726,000. 26(d) of the Richard B. Russell National School
this paragraph may be available for technical
In addition, $11,500,000 to remain available Lunch Act (42 U.S.C. 1769g(d)) is amended in
assistance and pre-development planning activi-
until expended, to carry out section 6407 of the the first sentence by striking ‘‘2010 through
ties to support the most rural communities: Pro-
Farm Security and Rural Investment Act of 2002 2023’’ and inserting ‘‘2010 through 2024’’: Pro-
vided further, That the Rural Utilities Service is
(7 U.S.C. 8107a): Provided, That the energy effi- vided further, That section 9(h)(3) of the Rich-
directed to expedite program delivery methods
ciency measures supported by the funding in ard B. Russell National School Lunch Act (42
that would implement this paragraph: Provided
this paragraph shall contribute in a demon- U.S.C. 1758(h)(3)) is amended in the first sen-
further, That for purposes of this paragraph,
strable way to the reduction of greenhouse tence by striking ‘‘For fiscal year 2022’’ and in-
the Secretary shall adhere to the notice, report-
gases. ing and service area assessment requirements set serting ‘‘For fiscal year 2023’’: Provided further,
In addition, for administrative expenses nec- forth in section 701 of the Rural Electrification That section 9(h)(4) of the Richard B. Russell
essary to carry out the direct and guaranteed Act (7 U.S.C. 950cc). National School Lunch Act (42 U.S.C.
loan programs, $33,270,000, which shall be paid In addition, $35,000,000, to remain available 1758(h)(4)) is amended in the first sentence by
to the appropriation for ‘‘Rural Development, until expended, for the Community Connect striking ‘‘For fiscal year 2022’’ and inserting
Salaries and Expenses’’. Grant Program authorized by 7 U.S.C. 950bb–3. ‘‘For fiscal year 2023’’.
DISTANCE LEARNING, TELEMEDICINE, AND TITLE IV SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
BROADBAND PROGRAM DOMESTIC FOOD PROGRAMS WOMEN, INFANTS, AND CHILDREN (WIC)
For grants for telemedicine and distance OFFICE OF THE UNDER SECRETARY FOR FOOD,
learning services in rural areas, as authorized For necessary expenses to carry out the spe-
NUTRITION, AND CONSUMER SERVICES
by 7 U.S.C. 950aaa et seq., $64,991,000, to remain cial supplemental nutrition program as author-
For necessary expenses of the Office of the ized by section 17 of the Child Nutrition Act of
available until expended, of which up to Under Secretary for Food, Nutrition, and Con-
$4,991,000 shall be for the purposes, and in the 1966 (42 U.S.C. 1786), $6,000,000,000, to remain
sumer Services, $1,376,000: Provided, That funds available through September 30, 2024: Provided,
amounts, specified for this account in the table made available by this Act to an agency in the
titled ‘‘Community Project Funding/Congres- That notwithstanding section 17(h)(10) of the
Food, Nutrition and Consumer Services mission
sionally Directed Spending’’ in the explanatory Child Nutrition Act of 1966 (42 U.S.C.
area for salaries and expenses are available to
statement described in section 4 (in the matter 1786(h)(10)), not less than $90,000,000 shall be
fund up to one administrative support staff for
preceding division A of this consolidated Act): used for breastfeeding peer counselors and other
the Office.
Provided, That $3,000,000 shall be made avail- related activities, and $14,000,000 shall be used
FOOD AND NUTRITION SERVICE for infrastructure: Provided further, That the
able for grants authorized by section 379G of the
Consolidated Farm and Rural Development Act: CHILD NUTRITION PROGRAMS Secretary shall use funds made available under
Provided further, That funding provided under (INCLUDING TRANSFERS OF FUNDS) this heading to increase the amount of a cash-
this heading for grants under section 379G of For necessary expenses to carry out the Rich- value voucher for women and children partici-
the Consolidated Farm and Rural Development ard B. Russell National School Lunch Act (42 pants to an amount recommended by the Na-
Act may only be provided to entities that meet U.S.C. 1751 et seq.), except section 21, and the tional Academies of Science, Engineering and
all of the eligibility criteria for a consortium as Child Nutrition Act of 1966 (42 U.S.C. 1771 et Medicine and adjusted for inflation: Provided
established by this section. seq.), except sections 17 and 21; $28,545,432,000 to further, That none of the funds provided in this
For the cost of broadband loans, as author- remain available through September 30, 2024, of account shall be available for the purchase of
ized by sections 601 and 602 of the Rural Elec- which such sums as are made available under infant formula except in accordance with the
trification Act, $3,000,000, to remain available section 14222(b)(1) of the Food, Conservation, cost containment and competitive bidding re-
until expended: Provided, That the cost of direct and Energy Act of 2008 (Public Law 110–246), as quirements specified in section 17 of such Act:
loans shall be as defined in section 502 of the amended by this Act, shall be merged with and Provided further, That none of the funds pro-
Congressional Budget Act of 1974. available for the same time period and purposes vided shall be available for activities that are
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For the cost to continue a broadband loan as provided herein: Provided, That of the total not fully reimbursed by other Federal Govern-
and grant pilot program established by section amount available, $20,162,000 shall be available ment departments or agencies unless authorized
779 of division A of the Consolidated Appropria- to carry out section 19 of the Child Nutrition by section 17 of such Act: Provided further,
tions Act, 2018 (Public Law 115–141) under the Act of 1966 (42 U.S.C. 1771 et seq.): Provided fur- That upon termination of a federally mandated
Rural Electrification Act of 1936, as amended (7 ther, That of the total amount available, vendor moratorium and subject to terms and
U.S.C. 901 et seq.), $363,512,317, to remain avail- $21,005,000 shall be available to carry out stud- conditions established by the Secretary, the Sec-
able until expended, of which up to $15,512,317 ies and evaluations and shall remain available retary may waive the requirement at 7 CFR
shall be for the purposes, and in the amounts, until expended: Provided further, That of the 246.12(g)(6) at the request of a State agency.
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10085
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TITLE V Credit Corporation Charter Act and in con-
FOREIGN ASSISTANCE AND RELATED formity with the Federal Credit Reform Act of
For necessary expenses to carry out the Food 1990, which shall be transferred to and merged
PROGRAMS
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), with the appropriation for ‘‘Foreign Agricul-
$153,863,723,000, of which $3,000,000,000, to re- OFFICE OF THE UNDER SECRETARY FOR TRADE
AND FOREIGN AGRICULTURAL AFFAIRS
tural Service, Salaries and Expenses’’.
main available through September 30, 2025, shall TITLE VI
be placed in reserve for use only in such For necessary expenses of the Office of the
Under Secretary for Trade and Foreign Agricul- RELATED AGENCY AND FOOD AND DRUG
amounts and at such times as may become nec-
tural Affairs, $932,000: Provided, That funds ADMINISTRATION
essary to carry out program operations: Pro-
made available by this Act to any agency in the DEPARTMENT OF HEALTH AND HUMAN SERVICES
vided, That funds provided herein shall be ex-
Trade and Foreign Agricultural Affairs mission FOOD AND DRUG ADMINISTRATION
pended in accordance with section 16 of the
area for salaries and expenses are available to SALARIES AND EXPENSES
Food and Nutrition Act of 2008: Provided fur-
fund up to one administrative support staff for
ther, That of the funds made available under (INCLUDING TRANSFERS OF FUNDS)
the Office.
this heading, $998,000 may be used to provide For necessary expenses of the Food and Drug
OFFICE OF CODEX ALIMENTARIUS
nutrition education services to State agencies Administration, including hire and purchase of
and Federally Recognized Tribes participating For necessary expenses of the Office of Codex passenger motor vehicles; for payment of space
in the Food Distribution Program on Indian Alimentarius, $4,922,000, including not to exceed rental and related costs pursuant to Public Law
Reservations: Provided further, That of the $40,000 for official reception and representation 92–313 for programs and activities of the Food
funds made available under this heading, expenses. and Drug Administration which are included in
$3,000,000, to remain available until September FOREIGN AGRICULTURAL SERVICE this Act; for rental of special purpose space in
30, 2024, shall be used to carry out section SALARIES AND EXPENSES the District of Columbia or elsewhere; in addi-
4003(b) of Public Law 115–334 relating to dem- (INCLUDING TRANSFERS OF FUNDS) tion to amounts appropriated to the FDA Inno-
onstration projects for tribal organizations: Pro- vation Account, for carrying out the activities
For necessary expenses of the Foreign Agri-
vided further, That this appropriation shall be described in section 1002(b)(4) of the 21st Cen-
cultural Service, including not to exceed $250,000
subject to any work registration or workfare re- tury Cures Act (Public Law 114–255); for mis-
for representation allowances and for expenses
cellaneous and emergency expenses of enforce-
quirements as may be required by law: Provided pursuant to section 8 of the Act approved Au-
ment activities, authorized and approved by the
further, That funds made available for Employ- gust 3, 1956 (7 U.S.C. 1766), $237,330,000, of
Secretary and to be accounted for solely on the
ment and Training under this heading shall re- which no more than 6 percent shall remain
Secretary’s certificate, not to exceed $25,000; and
main available through September 30, 2024: Pro- available until September 30, 2024, for overseas
notwithstanding section 521 of Public Law 107–
vided further, That funds made available under operations to include the payment of locally em-
188; $6,562,793,000: Provided, That of the amount
this heading for section 28(d)(1), section 4(b), ployed staff: Provided, That the Service may
provided under this heading, $1,310,319,000 shall
and section 27(a) of the Food and Nutrition Act utilize advances of funds, or reimburse this ap-
be derived from prescription drug user fees au-
of 2008 shall remain available through Sep- propriation for expenditures made on behalf of
thorized by 21 U.S.C. 379h, and shall be credited
tember 30, 2024: Provided further, That none of Federal agencies, public and private organiza-
to this account and remain available until ex-
the funds made available under this heading tions and institutions under agreements exe-
pended; $324,777,000 shall be derived from med-
may be obligated or expended in contravention cuted pursuant to the agricultural food produc-
ical device user fees authorized by 21 U.S.C.
of section 213A of the Immigration and Nation- tion assistance programs (7 U.S.C. 1737) and the
379j, and shall be credited to this account and
ality Act (8 U.S.C. 1183A): Provided further, foreign assistance programs of the United States
remain available until expended; $582,500,000
That funds made available under this heading Agency for International Development: Provided
shall be derived from human generic drug user
may be used to enter into contracts and employ further, That funds made available for middle-
fees authorized by 21 U.S.C. 379j–42, and shall
income country training programs, funds made
staff to conduct studies, evaluations, or to con- be credited to this account and remain available
available for the Borlaug International Agricul-
duct activities related to program integrity pro- until expended; $41,600,000 shall be derived from
tural Science and Technology Fellowship pro-
vided that such activities are authorized by the biosimilar biological product user fees author-
gram, and up to $2,000,000 of the Foreign Agri-
Food and Nutrition Act of 2008. ized by 21 U.S.C. 379j–52, and shall be credited
cultural Service appropriation solely for the
to this account and remain available until ex-
COMMODITY ASSISTANCE PROGRAM purpose of offsetting fluctuations in inter-
pended; $32,144,000 shall be derived from animal
national currency exchange rates, subject to
For necessary expenses to carry out disaster drug user fees authorized by 21 U.S.C. 379j–12,
documentation by the Foreign Agricultural
and shall be credited to this account and remain
assistance and the Commodity Supplemental Service, shall remain available until expended.
available until expended; $29,303,000 shall be de-
Food Program as authorized by section 4(a) of FOOD FOR PEACE TITLE II GRANTS rived from generic new animal drug user fees
the Agriculture and Consumer Protection Act of For expenses during the current fiscal year, authorized by 21 U.S.C. 379j–21, and shall be
1973 (7 U.S.C. 612c note); the Emergency Food not otherwise recoverable, and unrecovered credited to this account and remain available
Assistance Act of 1983; special assistance for the prior years’ costs, including interest thereon, until expended; $712,000,000 shall be derived
nuclear affected islands, as authorized by sec- under the Food for Peace Act (Public Law 83– from tobacco product user fees authorized by 21
tion 103(f)(2) of the Compact of Free Association 480), for commodities supplied in connection U.S.C. 387s, and shall be credited to this ac-
Amendments Act of 2003 (Public Law 108–188); with dispositions abroad under title II of said count and remain available until expended: Pro-
and the Farmers’ Market Nutrition Program, as Act, $1,750,000,000, to remain available until ex- vided further, That in addition to and notwith-
authorized by section 17(m) of the Child Nutri- pended. standing any other provision under this head-
tion Act of 1966, $457,710,000, to remain avail- MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDU- ing, amounts collected for prescription drug user
able through September 30, 2024: Provided, That CATION AND CHILD NUTRITION PROGRAM fees, medical device user fees, human generic
none of these funds shall be available to reim- GRANTS drug user fees, biosimilar biological product user
burse the Commodity Credit Corporation for For necessary expenses to carry out the provi- fees, animal drug user fees, and generic new
commodities donated to the program: Provided sions of section 3107 of the Farm Security and animal drug user fees that exceed the respective
further, That notwithstanding any other provi- Rural Investment Act of 2002 (7 U.S.C. 1736o–1), fiscal year 2023 limitations are appropriated and
sion of law, effective with funds made available $243,331,000, to remain available until expended: shall be credited to this account and remain
in fiscal year 2023 to support the Seniors Farm- Provided, That the Commodity Credit Corpora- available until expended: Provided further,
ers’ Market Nutrition Program, as authorized by tion is authorized to provide the services, facili- That fees derived from prescription drug, med-
section 4402 of the Farm Security and Rural In- ties, and authorities for the purpose of imple- ical device, human generic drug, biosimilar bio-
vestment Act of 2002, such funds shall remain menting such section, subject to reimbursement logical product, animal drug, and generic new
available through September 30, 2024: Provided from amounts provided herein: Provided further, animal drug assessments for fiscal year 2023, in-
further, That of the funds made available under That of the amount made available under this cluding any such fees collected prior to fiscal
section 27(a) of the Food and Nutrition Act of heading, not more than 10 percent, but not less year 2023 but credited for fiscal year 2023, shall
2008 (7 U.S.C. 2036(a)), the Secretary may use up than $24,300,000, shall remain available until ex- be subject to the fiscal year 2023 limitations:
to 20 percent for costs associated with the dis- pended to purchase agricultural commodities as Provided further, That the Secretary may accept
tribution of commodities. described in subsection 3107(a)(2) of the Farm payment during fiscal year 2023 of user fees
Security and Rural Investment Act of 2002 (7 specified under this heading and authorized for
NUTRITION PROGRAMS ADMINISTRATION U.S.C. 1736o–1(a)(2)). fiscal year 2024, prior to the due date for such
fees, and that amounts of such fees assessed for
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For necessary administrative expenses of the COMMODITY CREDIT CORPORATION EXPORT
fiscal year 2024 for which the Secretary accepts
Food and Nutrition Service for carrying out any (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT
payment in fiscal year 2023 shall not be included
domestic nutrition assistance program, (INCLUDING TRANSFERS OF FUNDS) in amounts under this heading: Provided fur-
$189,348,000: Provided, That of the funds pro- For administrative expenses to carry out the ther, That none of these funds shall be used to
vided herein, $2,000,000 shall be used for the Commodity Credit Corporation’s Export Guar- develop, establish, or operate any program of
purposes of section 4404 of Public Law 107–171, antee Program, GSM 102 and GSM 103, user fees authorized by 31 U.S.C. 9701: Provided
as amended by section 4401 of Public Law 110– $6,063,000, to cover common overhead expenses further, That of the total amount appropriated:
246. as permitted by section 11 of the Commodity (1) $1,196,097,000 shall be for the Center for Food
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H10086 CONGRESSIONAL RECORD — HOUSE December 23, 2022
Safety and Applied Nutrition and related field FDA INNOVATION ACCOUNT, CURES ACT tion and migration, of primary benefit to the
activities in the Office of Regulatory Affairs, of (INCLUDING TRANSFER OF FUNDS) agencies of the Department of Agriculture, such
which no less than $15,000,000 shall be used for transferred funds to remain available until ex-
For necessary expenses to carry out the pur-
inspections of foreign seafood manufacturers pended: Provided, That none of the funds made
poses described under section 1002(b)(4) of the
and field examinations of imported seafood; (2) available by this Act or any other Act shall be
21st Century Cures Act, in addition to amounts
$2,289,290,000 shall be for the Center for Drug transferred to the Working Capital Fund with-
available for such purposes under the heading
Evaluation and Research and related field ac- out the prior approval of the agency adminis-
‘‘Salaries and Expenses’’, $50,000,000, to remain
tivities in the Office of Regulatory Affairs, of trator: Provided further, That none of the funds
available until expended: Provided, That
which no less than $10,000,000 shall be for pilots transferred to the Working Capital Fund pursu-
amounts appropriated in this paragraph are ap-
to increase unannounced foreign inspections ant to this section shall be available for obliga-
propriated pursuant to section 1002(b)(3) of the
and shall remain available until expended; (3) tion without written notification to and the
21st Century Cures Act, are to be derived from
$489,594,000 shall be for the Center for Biologics prior approval of the Committees on Appropria-
amounts transferred under section 1002(b)(2)(A)
Evaluation and Research and for related field tions of both Houses of Congress: Provided fur-
of such Act, and may be transferred by the Com-
activities in the Office of Regulatory Affairs; (4) ther, That none of the funds appropriated by
missioner of Food and Drugs to the appropria-
$287,339,000 shall be for the Center for Veteri- this Act or made available to the Department’s
tion for ‘‘Department of Health and Human
nary Medicine and for related field activities in Working Capital Fund shall be available for ob-
Services Food and Drug Administration Salaries
the Office of Regulatory Affairs; (5) $736,359,000 ligation or expenditure to make any changes to
and Expenses’’ solely for the purposes provided
shall be for the Center for Devices and Radio- the Department’s National Finance Center with-
in such Act: Provided further, That upon a de-
logical Health and for related field activities in out written notification to and prior approval of
termination by the Commissioner that funds
the Office of Regulatory Affairs; (6) $76,919,000 the Committees on Appropriations of both
transferred pursuant to the previous proviso are
shall be for the National Center for Toxi- Houses of Congress as required by section 716 of
not necessary for the purposes provided, such
cological Research; (7) $677,165,000 shall be for this Act: Provided further, That none of the
amounts may be transferred back to the ac-
the Center for Tobacco Products and for related funds appropriated by this Act or made avail-
count: Provided further, That such transfer au-
field activities in the Office of Regulatory Af- able to the Department’s Working Capital Fund
thority is in addition to any other transfer au-
fairs; (8) $214,082,000 shall be for Rent and Re- shall be available for obligation or expenditure
thority provided by law.
lated activities, of which $55,893,000 is for White to initiate, plan, develop, implement, or make
Oak Consolidation, other than the amounts INDEPENDENT AGENCY any changes to remove or relocate any systems,
paid to the General Services Administration for FARM CREDIT ADMINISTRATION missions, personnel, or functions of the offices
rent; (9) $236,166,000 shall be for payments to the LIMITATION ON ADMINISTRATIVE EXPENSES of the Chief Financial Officer and the Chief In-
General Services Administration for rent; and Not to exceed $88,500,000 (from assessments formation Officer, co-located with or from the
(10) $359,782,000 shall be for other activities, in- collected from farm credit institutions, including National Finance Center prior to written notifi-
cluding the Office of the Commissioner of Food the Federal Agricultural Mortgage Corporation) cation to and prior approval of the Committee
and Drugs, the Office of Food Policy and Re- shall be obligated during the current fiscal year on Appropriations of both Houses of Congress
sponse, the Office of Operations, the Office of for administrative expenses as authorized under and in accordance with the requirements of sec-
the Chief Scientist, and central services for 12 U.S.C. 2249: Provided, That this limitation tion 716 of this Act: Provided further, That the
these offices: Provided further, That not to ex- shall not apply to expenses associated with re- National Finance Center Information Tech-
ceed $25,000 of this amount shall be for official ceiverships: Provided further, That the agency nology Services Division personnel and data
reception and representation expenses, not oth- may exceed this limitation by up to 10 percent center management responsibilities, and control
erwise provided for, as determined by the Com- with notification to the Committees on Appro- of any functions, missions, and systems for cur-
missioner: Provided further, That any transfer priations of both Houses of Congress: Provided rent and future human resources management
of funds pursuant to, and for the administration further, That the purposes of section and integrated personnel and payroll systems
of, section 770(n) of the Federal Food, Drug, 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 (PPS) and functions provided by the Chief Fi-
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Admin- nancial Officer and the Chief Information Offi-
be from amounts made available under this istration may exempt, an amount in its sole dis- cer shall remain in the National Finance Center
heading for other activities and shall not exceed cretion, from the application of the limitation and under the management responsibility and
$2,000,000: Provided further, That of the provided in that clause of export loans described administrative control of the National Finance
amounts that are made available under this in the clause guaranteed or insured in a manner Center: Provided further, That the Secretary of
heading for ‘‘other activities’’, and that are not other than described in subclause (II) of the Agriculture and the offices of the Chief Finan-
derived from user fees, $1,500,000 shall be trans- clause. cial Officer shall actively market to existing and
ferred to and merged with the appropriation for new Departments and other government agen-
‘‘Department of Health and Human Services— TITLE VII cies National Finance Center shared services in-
Office of Inspector General’’ for oversight of the GENERAL PROVISIONS cluding, but not limited to, payroll, financial
programs and operations of the Food and Drug (INCLUDING RESCISSIONS AND TRANSFERS OF management, and human capital shared services
Administration and shall be in addition to funds FUNDS) and allow the National Finance Center to per-
otherwise made available for oversight of the SEC. 701. The Secretary may use any appro- form technology upgrades: Provided further,
Food and Drug Administration: Provided fur- priations made available to the Department of That of annual income amounts in the Working
ther, That funds may be transferred from one Agriculture in this Act to purchase new pas- Capital Fund of the Department of Agriculture
specified activity to another with the prior ap- senger motor vehicles, in addition to specific ap- attributable to the amounts in excess of the true
proval of the Committees on Appropriations of propriations for this purpose, so long as the costs of the shared services provided by the Na-
both Houses of Congress. total number of vehicles purchased in fiscal year tional Finance Center and budgeted for the Na-
In addition, mammography user fees author- 2023 does not exceed the number of vehicles tional Finance Center, the Secretary shall re-
ized by 42 U.S.C. 263b, export certification user owned or leased in fiscal year 2018: Provided, serve not more than 4 percent for the replace-
fees authorized by 21 U.S.C. 381, priority review That, prior to purchasing additional motor vehi- ment or acquisition of capital equipment, in-
user fees authorized by 21 U.S.C. 360n and 360ff, cles, the Secretary must determine that such ve- cluding equipment for the improvement, deliv-
food and feed recall fees, food reinspection fees, hicles are necessary for transportation safety, to ery, and implementation of financial, adminis-
and voluntary qualified importer program fees reduce operational costs, and for the protection trative, and information technology services,
authorized by 21 U.S.C. 379j–31, outsourcing fa- of life, property, and public safety: Provided and other systems of the National Finance Cen-
cility fees authorized by 21 U.S.C. 379j–62, pre- further, That the Secretary may not increase ter or to pay any unforeseen, extraordinary cost
scription drug wholesale distributor licensing the Department of Agriculture’s fleet above the of the National Finance Center: Provided fur-
and inspection fees authorized by 21 U.S.C. 2018 level unless the Secretary notifies in writ- ther, That none of the amounts reserved shall be
353(e)(3), third-party logistics provider licensing ing, and receives approval from, the Committees available for obligation unless the Secretary
and inspection fees authorized by 21 U.S.C. on Appropriations of both Houses of Congress submits written notification of the obligation to
360eee–3(c)(1), third-party auditor fees author- within 30 days of the notification. the Committees on Appropriations of both
ized by 21 U.S.C. 384d(c)(8), medical counter- SEC. 702. Notwithstanding any other provision Houses of Congress: Provided further, That the
measure priority review voucher user fees au- of this Act, the Secretary of Agriculture may limitations on the obligation of funds pending
thorized by 21 U.S.C. 360bbb–4a, and fees relat- transfer unobligated balances of discretionary notification to Congressional Committees shall
ing to over-the-counter monograph drugs au- funds appropriated by this Act or any other not apply to any obligation that, as determined
thorized by 21 U.S.C. 379j–72 shall be credited to available unobligated discretionary balances by the Secretary, is necessary to respond to a
this account, to remain available until ex- that are remaining available of the Department declared state of emergency that significantly
SSpencer on DSK126QN23PROD with HOUSE
pended. of Agriculture to the Working Capital Fund for impacts the operations of the National Finance
BUILDINGS AND FACILITIES the acquisition of property, plant and equip- Center; or to evacuate employees of the National
For plans, construction, repair, improvement, ment and for the improvement, delivery, and im- Finance Center to a safe haven to continue op-
extension, alteration, demolition, and purchase plementation of Department financial, and ad- erations of the National Finance Center.
of fixed equipment or facilities of or used by the ministrative information technology services, SEC. 703. No part of any appropriation con-
Food and Drug Administration, where not oth- and other support systems necessary for the de- tained in this Act shall remain available for ob-
erwise provided, $12,788,000, to remain available livery of financial, administrative, and informa- ligation beyond the current fiscal year unless
until expended. tion technology services, including cloud adop- expressly so provided herein.
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10087
SEC. 704. No funds appropriated by this Act is authorized or required to be carried out using SEC. 716. (a) None of the funds provided by
may be used to pay negotiated indirect cost funds of the Commodity Credit Corporation— this Act, or provided by previous appropriations
rates on cooperative agreements or similar ar- (1) such funds shall be available for salaries Acts to the agencies funded by this Act that re-
rangements between the United States Depart- and related administrative expenses, including main available for obligation or expenditure in
ment of Agriculture and nonprofit institutions technical assistance, associated with the imple- the current fiscal year, or provided from any ac-
in excess of 10 percent of the total direct cost of mentation of the program, without regard to the counts in the Treasury derived by the collection
the agreement when the purpose of such cooper- limitation on the total amount of allotments and of fees available to the agencies funded by this
ative arrangements is to carry out programs of fund transfers contained in section 11 of the Act, shall be available for obligation or expendi-
mutual interest between the two parties. This Commodity Credit Corporation Charter Act (15 ture through a reprogramming, transfer of
does not preclude appropriate payment of indi- U.S.C. 714i); and funds, or reimbursements as authorized by the
rect costs on grants and contracts with such in- (2) the use of such funds for such purpose Economy Act, or in the case of the Department
stitutions when such indirect costs are computed shall not be considered to be a fund transfer or of Agriculture, through use of the authority
on a similar basis for all agencies for which ap- allotment for purposes of applying the limitation provided by section 702(b) of the Department of
propriations are provided in this Act. on the total amount of allotments and fund Agriculture Organic Act of 1944 (7 U.S.C. 2257)
SEC. 705. Appropriations to the Department of transfers contained in such section. or section 8 of Public Law 89–106 (7 U.S.C. 2263),
Agriculture for the cost of direct and guaran- SEC. 712. Of the funds made available by this that—
teed loans made available in the current fiscal Act, not more than $2,900,000 shall be used to
(1) creates new programs;
year shall remain available until expended to cover necessary expenses of activities related to
(2) eliminates a program, project, or activity;
disburse obligations made in the current fiscal all advisory committees, panels, commissions,
and task forces of the Department of Agri- (3) increases funds or personnel by any means
year for the following accounts: the Rural De- for any project or activity for which funds have
velopment Loan Fund program account, the culture, except for panels used to comply with
negotiated rule makings and panels used to been denied or restricted;
Rural Electrification and Telecommunication
evaluate competitively awarded grants. (4) relocates an office or employees;
Loans program account, and the Rural Housing
Insurance Fund program account. SEC. 713. (a) None of the funds made available (5) reorganizes offices, programs, or activities;
SEC. 706. None of the funds made available to in this Act may be used to maintain or establish or
the Department of Agriculture by this Act may a computer network unless such network blocks (6) contracts out or privatizes any functions
be used to acquire new information technology the viewing, downloading, and exchanging of or activities presently performed by Federal em-
systems or significant upgrades, as determined pornography. ployees;
by the Office of the Chief Information Officer, (b) Nothing in subsection (a) shall limit the unless the Secretary of Agriculture or the Sec-
without the approval of the Chief Information use of funds necessary for any Federal, State, retary of Health and Human Services (as the
Officer and the concurrence of the Executive In- tribal, or local law enforcement agency or any case may be) notifies in writing and receives ap-
formation Technology Investment Review other entity carrying out criminal investiga- proval from the Committees on Appropriations
Board: Provided, That notwithstanding any tions, prosecution, or adjudication activities. of both Houses of Congress at least 30 days in
other provision of law, none of the funds appro- SEC. 714. Notwithstanding subsection (b) of advance of the reprogramming of such funds or
priated or otherwise made available by this Act section 14222 of Public Law 110–246 (7 U.S.C. the use of such authority.
may be transferred to the Office of the Chief In- 612c–6; in this section referred to as ‘‘section (b) None of the funds provided by this Act, or
formation Officer without written notification 14222’’), none of the funds appropriated or oth- provided by previous Appropriations Acts to the
to and the prior approval of the Committees on erwise made available by this or any other Act agencies funded by this Act that remain avail-
Appropriations of both Houses of Congress: Pro- shall be used to pay the salaries and expenses of able for obligation or expenditure in the current
vided further, That notwithstanding section personnel to carry out a program under section fiscal year, or provided from any accounts in
11319 of title 40, United States Code, none of the 32 of the Act of August 24, 1935 (7 U.S.C. 612c; the Treasury derived by the collection of fees
funds available to the Department of Agri- in this section referred to as ‘‘section 32’’) in ex- available to the agencies funded by this Act,
culture for information technology shall be obli- cess of $1,483,309,000 (exclusive of carryover ap- shall be available for obligation or expenditure
gated for projects, contracts, or other agree- propriations from prior fiscal years), as follows: for activities, programs, or projects through a
ments over $25,000 prior to receipt of written ap- Child Nutrition Programs Entitlement Commod- reprogramming or use of the authorities referred
proval by the Chief Information Officer: Pro- ities—$485,000,000; State Option Contracts— to in subsection (a) involving funds in excess of
vided further, That the Chief Information Offi- $5,000,000; Removal of Defective Commodities— $500,000 or 10 percent, whichever is less, that—
cer may authorize an agency to obligate funds $2,500,000; Administration of section 32 Com-
(1) augments existing programs, projects, or
without written approval from the Chief Infor- modity Purchases—$37,178,000: Provided, That,
activities;
mation Officer for projects, contracts, or other of the total funds made available in the matter
(2) reduces by 10 percent funding for any ex-
agreements up to $250,000 based upon the per- preceding this proviso that remain unobligated
isting program, project, or activity, or numbers
formance of an agency measured against the on October 1, 2023, such unobligated balances
of personnel by 10 percent as approved by Con-
performance plan requirements described in the shall carryover into fiscal year 2024 and shall
gress; or
explanatory statement accompanying Public remain available until expended for any of the
purposes of section 32, except that any such car- (3) results from any general savings from a re-
Law 113–235. duction in personnel which would result in a
SEC. 707. Funds made available under section ryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and change in existing programs, activities, or
524(b) of the Federal Crop Insurance Act (7 projects as approved by Congress;
U.S.C. 1524(b)) in the current fiscal year shall may not be obligated until the Secretary of Agri-
culture provides written notification of the ex- unless the Secretary of Agriculture or the Sec-
remain available until expended to disburse obli- retary of Health and Human Services (as the
gations made in the current fiscal year. penditures to the Committees on Appropriations
of both Houses of Congress at least two weeks in case may be) notifies in writing and receives ap-
SEC. 708. Notwithstanding any other provision
advance: Provided further, That, with the ex- proval from the Committees on Appropriations
of law, any former Rural Utilities Service bor-
ception of any available carryover funds au- of both Houses of Congress at least 30 days in
rower that has repaid or prepaid an insured, di-
thorized in any prior appropriations Act to be advance of the reprogramming or transfer of
rect or guaranteed loan under the Rural Elec-
used for the purposes of clause (3) of section 32, such funds or the use of such authority.
trification Act of 1936, or any not-for-profit util-
none of the funds appropriated or otherwise (c) The Secretary of Agriculture or the Sec-
ity that is eligible to receive an insured or direct
made available by this or any other Act shall be retary of Health and Human Services shall no-
loan under such Act, shall be eligible for assist-
used to pay the salaries or expenses of any em- tify in writing and receive approval from the
ance under section 313B(a) of such Act in the
ployee of the Department of Agriculture to carry Committees on Appropriations of both Houses of
same manner as a borrower under such Act.
SEC. 709. Except as otherwise specifically pro- out clause (3) of section 32. Congress before implementing any program or
vided by law, not more than $20,000,000 in unob- SEC. 715. None of the funds appropriated by activity not carried out during the previous fis-
ligated balances from appropriations made this or any other Act shall be used to pay the cal year unless the program or activity is funded
available for salaries and expenses in this Act salaries and expenses of personnel who prepare by this Act or specifically funded by any other
for the Farm Service Agency shall remain avail- or submit appropriations language as part of the Act.
able through September 30, 2024, for information President’s budget submission to the Congress (d) None of the funds provided by this Act, or
technology expenses. for programs under the jurisdiction of the Ap- provided by previous Appropriations Acts to the
SEC. 710. None of the funds appropriated or propriations Subcommittees on Agriculture, agencies funded by this Act that remain avail-
otherwise made available by this Act may be Rural Development, Food and Drug Administra- able for obligation or expenditure in the current
used for first-class travel by the employees of tion, and Related Agencies that assumes reve- fiscal year, or provided from any accounts in
agencies funded by this Act in contravention of nues or reflects a reduction from the previous the Treasury derived by the collection of fees
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sections 301–10.122 through 301–10.124 of title 41, year due to user fees proposals that have not available to the agencies funded by this Act,
Code of Federal Regulations. been enacted into law prior to the submission of shall be available for—
SEC. 711. In the case of each program estab- the budget unless such budget submission iden- (1) modifying major capital investments fund-
lished or amended by the Agricultural Act of tifies which additional spending reductions ing levels, including information technology sys-
2014 (Public Law 113–79) or by a successor to should occur in the event the user fees proposals tems, that involves increasing or decreasing
that Act, other than by title I or subtitle A of are not enacted prior to the date of the con- funds in the current fiscal year for the indi-
title III of such Act, or programs for which in- vening of a committee of conference for the fis- vidual investment in excess of $500,000 or 10 per-
definite amounts were provided in that Act, that cal year 2024 appropriations Act. cent of the total cost, whichever is less;
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H10088 CONGRESSIONAL RECORD — HOUSE December 23, 2022
(2) realigning or reorganizing new, current, or prior to the Secretary implementing such an in- U.S.C. 1031 et seq., for the cost of inspection
vacant positions or agency activities or func- crease, the Secretary notifies, in writing, the services provided outside of an establishment’s
tions to establish a center, office, branch, or Committees on Appropriations of both Houses of approved inspection shifts, and for inspection
similar entity with ten or more personnel; or Congress at least 15 days in advance. services provided on Federal holidays: Provided,
(3) carrying out activities or functions that SEC. 725. None of the credit card refunds or re- That any sums charged pursuant to this para-
were not described in the budget request; bates transferred to the Working Capital Fund graph shall be deemed as overtime pay or holi-
unless the agencies funded by this Act notify, in pursuant to section 729 of the Agriculture, day pay under section 1001(d) of the American
writing, the Committees on Appropriations of Rural Development, Food and Drug Administra- Rescue Plan Act of 2021 (Public Law 117–2, 135
both Houses of Congress at least 30 days in ad- tion, and Related Agencies Appropriations Act, Stat. 242): Provided further, That sums received
vance of using the funds for these purposes. 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be by the Secretary under this paragraph shall, in
(e) As described in this section, no funds may available for obligation without written notifi- addition to other available funds, remain avail-
be used for any activities unless the Secretary of cation to, and the prior approval of, the Com- able until expended to the Secretary without
Agriculture or the Secretary of Health and mittees on Appropriations of both Houses of further appropriation for the purpose of fund-
Human Services receives from the Committee on Congress: Provided, That the refunds or rebates ing all costs associated with FSIS inspections.
Appropriations of both Houses of Congress writ- so transferred shall be available for obligation SEC. 731. (a) The Secretary of Agriculture
ten or electronic mail confirmation of receipt of only for the acquisition of property, plant and shall—
the notification as required in this section. equipment, including equipment for the im- (1) conduct audits in a manner that evaluates
SEC. 717. Notwithstanding section 310B(g)(5) provement, delivery, and implementation of De- the following factors in the country or region
of the Consolidated Farm and Rural Develop- partmental financial management, information being audited, as applicable—
ment Act (7 U.S.C. 1932(g)(5)), the Secretary technology, and other support systems necessary (A) veterinary control and oversight;
may assess a one-time fee for any guaranteed for the delivery of financial, administrative, and (B) disease history and vaccination practices;
business and industry loan in an amount that information technology services, including cloud (C) livestock demographics and traceability;
does not exceed 3 percent of the guaranteed adoption and migration, of primary benefit to (D) epidemiological separation from potential
principal portion of the loan. the agencies of the Department of Agriculture. sources of infection;
SEC. 718. None of the funds appropriated or SEC. 726. None of the funds made available by (E) surveillance practices;
otherwise made available to the Department of this Act may be used to implement, administer, (F) diagnostic laboratory capabilities; and
Agriculture, the Food and Drug Administration or enforce the ‘‘variety’’ requirements of the (G) emergency preparedness and response;
or the Farm Credit Administration shall be used final rule entitled ‘‘Enhancing Retailer Stand- and
(2) promptly make publicly available the final
to transmit or otherwise make available reports, ards in the Supplemental Nutrition Assistance
reports of any audits or reviews conducted pur-
questions, or responses to questions that are a Program (SNAP)’’ published by the Department
suant to subsection (1).
result of information requested for the appro- of Agriculture in the Federal Register on Decem- (b) This section shall be applied in a manner
priations hearing process to any non-Depart- ber 15, 2016 (81 Fed. Reg. 90675) until the Sec- consistent with United States obligations under
ment of Agriculture, non-Department of Health retary of Agriculture amends the definition of its international trade agreements.
and Human Services, or non-Farm Credit Ad- the term ‘‘variety’’ as defined in section SEC. 732. In this fiscal year and thereafter,
ministration employee. 278.1(b)(1)(ii)(C) of title 7, Code of Federal Reg- and notwithstanding any other provision of
SEC. 719. Unless otherwise authorized by exist- ulations, and ‘‘variety’’ as applied in the defini- law, none of the funds made available by this
ing law, none of the funds provided in this Act, tion of the term ‘‘staple food’’ as defined in sec- Act may be used to implement section 3.7(f) of
may be used by an executive branch agency to tion 271.2 of title 7, Code of Federal Regulations, the Farm Credit Act of 1971 in a manner incon-
produce any prepackaged news story intended to increase the number of items that qualify as sistent with section 343(a)(13) of the Consoli-
for broadcast or distribution in the United acceptable varieties in each staple food category dated Farm and Rural Development Act.
States unless the story includes a clear notifica- so that the total number of such items in each SEC. 733. In this fiscal year and thereafter,
tion within the text or audio of the prepackaged staple food category exceeds the number of such and notwithstanding any other provision of
news story that the prepackaged news story was items in each staple food category included in law, none of the funds made available by this
prepared or funded by that executive branch the final rule as published on December 15, 2016: Act may be used to carry out any activities or
agency. Provided, That until the Secretary promulgates incur any expense related to the issuance of li-
SEC. 720. No employee of the Department of such regulatory amendments, the Secretary censes under section 3 of the Animal Welfare
Agriculture may be detailed or assigned from an shall apply the requirements regarding accept- Act (7 U.S.C. 2133), or the renewal of such li-
agency or office funded by this Act or any other able varieties and breadth of stock to Supple- censes, to class B dealers who sell Random
Act to any other agency or office of the Depart- mental Nutrition Assistance Program retailers Source dogs and cats for use in research, experi-
ment for more than 60 days in a fiscal year un- that were in effect on the day before the date of ments, teaching, or testing.
less the individual’s employing agency or office the enactment of the Agricultural Act of 2014 SEC. 734. (a)(1) No Federal funds made avail-
is fully reimbursed by the receiving agency or (Public Law 113–79). able for this fiscal year for the rural water,
office for the salary and expenses of the em- SEC. 727. In carrying out subsection (h) of sec- waste water, waste disposal, and solid waste
ployee for the period of assignment. tion 502 of the Housing Act of 1949 (42 U.S.C. management programs authorized by sections
SEC. 721. Not later than 30 days after the date 1472), the Secretary of Agriculture shall have 306, 306A, 306C, 306D, 306E, and 310B of the
of enactment of this Act, the Secretary of Agri- the same authority with respect to loans guar- Consolidated Farm and Rural Development Act
culture, the Commissioner of the Food and Drug anteed under such section and eligible lenders (7 U.S.C. 1926 et seq.) shall be used for a project
Administration and the Chairman of the Farm for such loans as the Secretary has under sub- for the construction, alteration, maintenance, or
Credit Administration shall submit to the Com- sections (h) and (j) of section 538 of such Act (42 repair of a public water or wastewater system
mittees on Appropriations of both Houses of U.S.C. 1490p–2) with respect to loans guaranteed unless all of the iron and steel products used in
Congress a detailed spending plan by program, under such section 538 and eligible lenders for the project are produced in the United States.
project, and activity for all the funds made such loans. (2) In this section, the term ‘‘iron and steel
available under this Act including appropriated SEC. 728. None of the funds appropriated or products’’ means the following products made
user fees, as defined in the explanatory state- otherwise made available by this Act shall be primarily of iron or steel: lined or unlined pipes
ment described in section 4 (in the matter pre- available for the United States Department of and fittings, manhole covers and other munic-
ceding division A of this consolidated Act). Agriculture to propose, finalize or implement ipal castings, hydrants, tanks, flanges, pipe
SEC. 722. None of the funds made available by any regulation that would promulgate new user clamps and restraints, valves, structural steel,
this Act may be used to propose, promulgate, or fees pursuant to 31 U.S.C. 9701 after the date of reinforced precast concrete, and construction
implement any rule, or take any other action the enactment of this Act. materials.
with respect to, allowing or requiring informa- SEC. 729. Of the unobligated balances from (b) Subsection (a) shall not apply in any case
tion intended for a prescribing health care pro- amounts made available for the supplemental or category of cases in which the Secretary of
fessional, in the case of a drug or biological nutrition program as authorized by section 17 of Agriculture (in this section referred to as the
product subject to section 503(b)(1) of the Fed- the Child Nutrition Act of 1966 (42 U.S.C. 1786), ‘‘Secretary’’) or the designee of the Secretary
eral Food, Drug, and Cosmetic Act (21 U.S.C. $315,000,000 are hereby rescinded: Provided, finds that—
353(b)(1)), to be distributed to such professional That no amounts may be rescinded from (1) applying subsection (a) would be incon-
electronically (in lieu of in paper form) unless amounts that were designated by the Congress sistent with the public interest;
and until a Federal law is enacted to allow or as an emergency requirement pursuant to a (2) iron and steel products are not produced in
require such distribution. Concurrent Resolution on the Budget or the the United States in sufficient and reasonably
SEC. 723. For the purposes of determining eli- Balanced Budget and Emergency Deficit Con- available quantities or of a satisfactory quality;
gibility or level of program assistance for Rural trol Act of 1985. or
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Development programs the Secretary shall not SEC. 730. Notwithstanding any provision of (3) inclusion of iron and steel products pro-
include incarcerated prison populations. law that regulates the calculation and payment duced in the United States will increase the cost
SEC. 724. For loans and loan guarantees that of overtime and holiday pay for FSIS inspectors, of the overall project by more than 25 percent.
do not require budget authority and the pro- the Secretary may charge establishments subject (c) If the Secretary or the designee receives a
gram level has been established in this Act, the to the inspection requirements of the Poultry request for a waiver under this section, the Sec-
Secretary of Agriculture may increase the pro- Products Inspection Act, 21 U.S.C. 451 et seq., retary or the designee shall make available to
gram level for such loans and loan guarantees the Federal Meat Inspection Act, 21 U.S.C. 601 the public on an informal basis a copy of the re-
by not more than 25 percent: Provided, That et seq, and the Egg Products Inspection Act, 21 quest and information available to the Secretary
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10089
or the designee concerning the request, and tionally created or modified to include a heri- Assistance Grant Program for an additional pe-
shall allow for informal public input on the re- table genetic modification. Any such submission riod of time not to exceed 120 days beyond the
quest for at least 15 days prior to making a find- shall be deemed to have not been received by the established period provided under the Program
ing based on the request. The Secretary or the Secretary, and the exemption may not go into in order to protect public health.
designee shall make the request and accom- effect. SEC. 749. Funds made available under title II
panying information available by electronic SEC. 738. None of the funds made available by of the Food for Peace Act (7 U.S.C. 1721 et seq.)
means, including on the official public Internet this or any other Act may be used to enforce the may only be used to provide assistance to recipi-
Web site of the Department. final rule promulgated by the Food and Drug ent nations if adequate monitoring and controls,
(d) This section shall be applied in a manner Administration entitled ‘‘Standards for the as determined by the Administrator, are in place
consistent with United States obligations under Growing, Harvesting, Packing, and Holding of to ensure that emergency food aid is received by
international agreements. Produce for Human Consumption,’’ and pub- the intended beneficiaries in areas affected by
(e) The Secretary may retain up to 0.25 per- lished on November 27, 2015, with respect to the food shortages and not diverted for unauthor-
cent of the funds appropriated in this Act for regulation of entities that grow, harvest, pack, ized or inappropriate purposes.
‘‘Rural Utilities Service—Rural Water and or hold wine grapes, hops, pulse crops, or al- SEC. 750. In this fiscal year and thereafter,
Waste Disposal Program Account’’ for carrying monds. and notwithstanding any other provision of
out the provisions described in subsection (a)(1) SEC. 739. There is hereby appropriated law, ARS facilities as described in the ‘‘Memo-
for management and oversight of the require- $5,000,000, to remain available until September randum of Understanding Between the U.S. De-
ments of this section. 30, 2024, for a pilot program for the National In- partment of Agriculture Animal and Plant
(f) Subsection (a) shall not apply with respect stitute of Food and Agriculture to provide Health Inspection Service (APHIS) and the U.S.
to a project for which the engineering plans and grants to nonprofit organizations for programs Department of Agriculture Agricultural Re-
specifications include use of iron and steel prod- and services to establish and enhance farming search Service (ARS) Concerning Laboratory
ucts otherwise prohibited by such subsection if and ranching opportunities for military vet- Animal Welfare’’ (16–6100–0103–MU Revision 16–
the plans and specifications have received re- erans. 1) shall be inspected by APHIS for compliance
quired approvals from State agencies prior to SEC. 740. For school years 2022–2023 and 2023– with the Animal Welfare Act and its regulations
the date of enactment of this Act. 2024, none of the funds made available by this and standards.
(g) For purposes of this section, the terms Act may be used to implement or enforce the SEC. 751. None of the funds made available by
‘‘United States’’ and ‘‘State’’ shall include each matter following the first comma in the second this Act may be used to procure raw or proc-
of the several States, the District of Columbia, sentence of footnote (c) of section 220.8(c) of title essed poultry products imported into the United
and each Federally recognized Indian Tribe. 7, Code of Federal Regulations, with respect to States from the People’s Republic of China for
SEC. 735. None of the funds appropriated by the substitution of vegetables for fruits under use in the school lunch program under the Rich-
this Act may be used in any way, directly or in- the school breakfast program established under ard B. Russell National School Lunch Act (42
directly, to influence congressional action on section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1751 et seq.), the Child and Adult Care
any legislation or appropriation matters pend- U.S.C. 1773). Food Program under section 17 of such Act (42
ing before Congress, other than to communicate SEC. 741. None of the funds made available by U.S.C. 1766), the Summer Food Service Program
to Members of Congress as described in 18 U.S.C. this Act or any other Act may be used— for Children under section 13 of such Act (42
1913. (1) in contravention of section 7606 of the Ag- U.S.C. 1761), or the school breakfast program
SEC. 736. Of the total amounts made available ricultural Act of 2014 (7 U.S.C. 5940), subtitle G under the Child Nutrition Act of 1966 (42 U.S.C.
by this Act for direct loans and grants under the of the Agricultural Marketing Act of 1946, or 1771 et seq.).
following headings: ‘‘Rural Housing Service— section 10114 of the Agriculture Improvement SEC. 752. For school year 2023–2024, only a
Rural Housing Insurance Fund Program Ac- Act of 2018; or school food authority that had a negative bal-
count’’; ‘‘Rural Housing Service—Mutual and (2) to prohibit the transportation, processing, ance in the nonprofit school food service ac-
Self-Help Housing Grants’’; ‘‘Rural Housing sale, or use of hemp, or seeds of such plant, that count as of June 30, 2022, shall be required to es-
Service—Rural Housing Assistance Grants’’; is grown or cultivated in accordance with sec- tablish a price for paid lunches in accordance
‘‘Rural Housing Service—Rural Community Fa- tion 7606 of the Agricultural Act of 2014 or sub- with section 12(p) of the Richard B. Russell Na-
cilities Program Account’’; ‘‘Rural Business-Co- title G of the Agricultural Marketing Act of tional School Lunch Act (42 U.S.C. 1760(p)).
operative Service—Rural Business Program Ac- 1946, within or outside the State in which the SEC. 753. There is hereby appropriated
count’’; ‘‘Rural Business-Cooperative Service— hemp is grown or cultivated. $2,000,000, to remain available until expended,
Rural Economic Development Loans Program SEC. 742. There is hereby appropriated for the Secretary of Agriculture to carry out a
Account’’; ‘‘Rural Business-Cooperative Serv- $3,000,000, to remain available until expended, pilot program that assists rural hospitals to im-
ice—Rural Cooperative Development Grants’’; for grants under section 12502 of Public Law prove long-term operations and financial health
‘‘Rural Business-Cooperative Service—Rural 115–334. by providing technical assistance through anal-
Microentrepreneur Assistance Program’’; SEC. 743. There is hereby appropriated ysis of current hospital management practices.
‘‘Rural Utilities Service—Rural Water and $1,000,000 to carry out section 3307 of Public SEC. 754. Any funds made available by this or
Waste Disposal Program Account’’; ‘‘Rural Util- Law 115–334. any other Act that the Secretary withholds pur-
ities Service—Rural Electrification and Tele- SEC. 744. The Secretary of Agriculture may suant to section 1668(g)(2) of the Food, Agri-
communications Loans Program Account’’; and waive the matching funds requirement under culture, Conservation, and Trade Act of 1990 (7
‘‘Rural Utilities Service—Distance Learning, section 412(g) of the Agricultural Research, Ex- U.S.C. 5921(g)(2)), as amended, shall be avail-
Telemedicine, and Broadband Program’’, to the tension, and Education Reform Act of 1998 (7 able for grants for biotechnology risk assessment
maximum extent feasible, at least 10 percent of U.S.C. 7632(g)). research: Provided, That the Secretary may
the funds shall be allocated for assistance in SEC. 745. There is hereby appropriated transfer such funds among appropriations of the
persistent poverty counties under this section, $2,000,000, to remain available until expended, Department of Agriculture for purposes of mak-
including, notwithstanding any other provision for a pilot program for the Secretary to provide ing such grants.
regarding population limits, any county seat of grants to qualified non-profit organizations and SEC. 755. There is hereby appropriated
such a persistent poverty county that has a pop- public housing authorities to provide technical $400,000 to carry out section 1672(g)(4)(B) of the
ulation that does not exceed the authorized pop- assistance, including financial and legal serv- Food, Agriculture, Conservation, and Trade Act
ulation limit by more than 10 percent: Provided, ices, to RHS multi-family housing borrowers to of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by
That for purposes of this section, the term ‘‘per- facilitate the acquisition of RHS multi-family section 7209 of Public Law 115–334.
sistent poverty counties’’ means any county housing properties in areas where the Secretary SEC. 756. Hereafter, none of the funds made
that has had 20 percent or more of its popu- determines a risk of loss of affordable housing, available by this Act or any other Act, may be
lation living in poverty over the past 30 years, by non-profit housing organizations and public used to pay the salaries or expenses of personnel
as measured by the 1990 and 2000 decennial cen- housing authorities as authorized by law that to implement any activities related to the per-
suses, and 2007–2011 American Community Sur- commit to keep such properties in the RHS mitting of non-recording of observed violations
vey 5-year average, or any territory or posses- multi-family housing program for a period of of the Animal Welfare Act or its regulations on
sion of the United States: Provided further, time as determined by the Secretary. official inspection reports.
That with respect to specific activities for which SEC. 746. There is hereby appropriated SEC. 757. For necessary expenses associated
program levels have been made available by this $4,000,000, to carry out section 4208 of Public with cotton classing activities pursuant to 7
Act that are not supported by budget authority, Law 115–334, including for project locations in U.S.C. 55, to include equipment and facility up-
the requirements of this section shall be applied additional regions. grades, and in addition to any other funds made
to such program level. SEC. 747. There is hereby appropriated available for this purpose, there is appropriated
SEC. 737. None of the funds made available by $4,000,000 to carry out section 12301 of Public $4,000,000, to remain available until September
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this Act may be used to notify a sponsor or oth- Law 115–334, Farming Opportunities Training 30, 2024: Provided, That amounts made available
erwise acknowledge receipt of a submission for and Outreach. in this section shall be treated as funds collected
an exemption for investigational use of a drug SEC. 748. In response to an eligible community by fees authorized under Mar. 4, 1923, ch. 288,
or biological product under section 505(i) of the where the drinking water supplies are inad- §5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Federal Food, Drug, and Cosmetic Act (21 equate due to a natural disaster, as determined SEC. 758. Notwithstanding any other provision
U.S.C. 355(i)) or section 351(a)(3) of the Public by the Secretary, including drought or severe of law, no funds available to the Department of
Health Service Act (42 U.S.C. 262(a)(3)) in re- weather, the Secretary may provide potable Agriculture may be used to move any staff office
search in which a human embryo is inten- water through the Emergency Community Water or any agency from the mission area in which it
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H10090 CONGRESSIONAL RECORD — HOUSE December 23, 2022
was located on August 1, 2018, to any other mis- until expended, for necessary expenses, under in subsection (a)(2)(G) of section III of the SRA
sion area or office within the Department in the such terms and conditions determined by the but subject to a reimbursement rate equal to 17.5
absence of the enactment of specific legislation Secretary, related to testing soil, water, or agri- percent of the net book premium.
affirming such move. cultural products for per- and polyfluoroalkyl SEC. 772. For an additional amount for the
SEC. 759. The Secretary, acting through the substances (PFAS) at the request of an agricul- ‘‘Office of the Secretary’’, $1,300,000, to remain
Chief of the Natural Resources Conservation tural producer, assisting agricultural producers available until expended, for the Secretary, in
Service, may use funds appropriated under this affected by PFAS contamination with costs re- consultation with the Secretary of the Depart-
Act or any other Act for the Watershed and lated to mitigate the impacts to their operation ment of Health and Human Services, to enter
Flood Prevention Operations Program and the that have resulted from such contamination and into an agreement with the National Academies
Watershed Rehabilitation Program carried out indemnifying agricultural producers for the of Sciences, Engineering, and Medicine to con-
pursuant to the Watershed Protection and value of unmarketable crops, livestock, and duct a study of the eight topics and scientific
Flood Prevention Act (16 U.S.C. 1001 et seq.), other agricultural products related to PFAS questions related to alcohol previously published
and for the Emergency Watershed Protection contamination: Provided, That the Secretary by USDA and HHS and other relevant topics:
Program carried out pursuant to section 403 of shall prioritize such assistance to agricultural Provided, That the panel or panels established
the Agricultural Credit Act of 1978 (16 U.S.C. producers in states and territories that have es- by the National Academies Sciences, Engineer-
2203) to provide technical services for such pro- tablished a tolerance threshold for PFAS in a ing, and Medicine to conduct the study shall
grams pursuant to section 1252(a)(1) of the Food food or agricultural product: Provided further, operate in a fully transparent manner and in-
Security Act of 1985 (16 U.S.C. 3851(a)(1)), not- That, not later than 90 days after the end of fis- clude a balanced representation of individuals
withstanding subsection (c) of such section. cal year 2023, the Secretary shall submit a report who have expertise in the health effects of alco-
SEC. 760. In administering the pilot program to the Congress specifying the type, amount, hol consumption, are unbiased, and are free
established by section 779 of division A of the and method of such assistance by state and ter- from conflicts of interests: Provided further,
Consolidated Appropriations Act, 2018 (Public ritory and the status of the amounts obligated That the findings and recommendations of the
Law 115–141), the Secretary of Agriculture may, and plans for further expenditure, and include study shall be based on the preponderance of
for purposes of determining entities eligible to improvements that can be made to U.S. Depart- the scientific and medical knowledge consistent
receive assistance, consider those communities ment of Agriculture programs, either adminis- with section 5341 of title 7 of United States
which are ‘‘Areas Rural in Character’’: Pro- tratively or legislatively, to increase support for Code: Provided further, That not later than
vided, That not more than 10 percent of the agricultural producers impacted by PFAS con- eighteen months after the date of enactment of
funds made available under the heading ‘‘Dis- tamination and to enhance scientific knowledge this Act, the National Academies of Sciences,
tance Learning, Telemedicine, and Broadband on PFAS uptake in crops and livestock and Engineering, and Medicine shall submit its re-
Program’’ for the purposes of the pilot program PFAS mitigation and remediation methods and port to the Secretary of Agriculture, the Sec-
established by section 779 of Public Law 115–141 disseminate such knowledge to agricultural pro- retary of Health and Human Services, and the
may be used for this purpose. ducers. Congress of its systematic review and data anal-
SEC. 761. None of the funds made available by SEC. 767. The Secretary shall set aside for ysis of the eight research topics: Provided fur-
this Act may be used to pay the salaries or ex- Rural Economic Area Partnership (REAP) ther, That the Secretary of Agriculture shall en-
penses of personnel— Zones, until August 15, 2023, an amount of sure that the 2025 Dietary Guidelines for Ameri-
(1) to inspect horses under section 3 of the funds made available in title III under the head- cans process includes a recommendation for al-
Federal Meat Inspection Act (21 U.S.C. 603); ings of Rural Housing Insurance Fund Program cohol and shall be based on the preponderance
(2) to inspect horses under section 903 of the Account, Mutual and Self-Help Housing Grants, of scientific and medical knowledge consistent
Federal Agriculture Improvement and Reform Rural Housing Assistance Grants, Rural Com- with section 5341 of title 7 of United States
Act of 1996 (7 U.S.C. 1901 note; Public Law 104– munity Facilities Program Account, Rural Busi- Code: Provided further, That the Secretary of
127); or ness Program Account, Rural Development Agriculture shall ensure the process is fully
(3) to implement or enforce section 352.19 of Loan Fund Program Account, and Rural Water transparent and includes a balanced representa-
title 9, Code of Federal Regulations (or a suc- and Waste Disposal Program Account, equal to tion of individuals who are unbiased and free
cessor regulation). the amount obligated in REAP Zones with re- from conflicts of interest.
SEC. 762. In addition to amounts otherwise spect to funds provided under such headings in SEC. 773. The Secretary, as part of the report
made available by this Act and notwithstanding the most recent fiscal year any such funds were on foreign landholding required under the Agri-
the last sentence of 16 U.S.C. 1310, there is ap- obligated under such headings for REAP Zones. cultural Foreign Investment Disclosure Act
propriated $4,000,000, to remain available until SEC. 768. There is hereby appropriated (Public Law 95–460), shall report to Congress on
expended, to implement non-renewable agree- $500,000 to carry out the duties of the working foreign investments in agricultural land in the
ments on eligible lands, including flooded agri- group established under section 770 of the Agri- United States, including the impact foreign
cultural lands, as determined by the Secretary, culture, Rural Development, Food and Drug Ad- ownership has on family farms, rural commu-
under the Water Bank Act (16 U.S.C. 1301–1311). ministration, and Related Agencies Appropria- nities, and the domestic food supply: Provided,
SEC. 763. Out of amounts appropriated to the tions Act, 2019 (Public Law 116–6; 133 Stat. 89). That within 3 years after the enactment of this
Food and Drug Administration under title VI, SEC. 769. For an additional amount for the Act, the Secretary shall establish a streamlined
the Secretary of Health and Human Services, Office of the Secretary, $15,000,000, to remain process for electronic submission and retention
acting through the Commissioner of Food and available until expended, to continue the Insti- of disclosures made under the Agricultural For-
Drugs, shall, not later than September 30, 2023, tute for Rural Partnerships as established in eign Investment Disclosure Act, including an
and following the review required under Execu- section 778 of Public Law 117–103: Provided, internet database that contains disaggregated
tive Order No. 12866 (5 U.S.C. 601 note; relating That the Institute for Rural Partnerships shall data from each disclosure submitted: Provided
to regulatory planning and review), issue advice continue to dedicate resources to researching further, That all prior year disclosures of for-
revising the advice provided in the notice of the causes and conditions of challenges facing eign investments in agricultural land in the
availability entitled ‘‘Advice About Eating Fish, rural areas, and develop community partner- United States are published in the database:
From the Environmental Protection Agency and ships to address such challenges: Provided fur- Provided further, That the plan includes a proc-
Food and Drug Administration; Revised Fish ther, That administrative or other fees shall not ess to ensure the protection of personally identi-
Advice; Availability’’ (82 Fed. Reg. 6571 (Janu- exceed one percent: Provided further, That such fiable information and that all disclosures of
ary 19, 2017)), in a manner that is consistent partnership shall coordinate and publish an an- foreign investments in agricultural land on the
with nutrition science recognized by the Food nual report. USDA website be disaggregated by: (1) in any
and Drug Administration on the net effects of SEC. 770. Of the unobligated balances from case in which such foreign person is an indi-
seafood consumption. prior year appropriations made available under vidual, the citizenship of such foreign person;
SEC. 764. There is hereby appropriated the heading ‘‘Farm Service Agency—Agricul- and (2) in any case in which such foreign per-
$5,000,000, to remain available until expended, tural Credit Insurance Fund Program Ac- son is not an individual or a government, the
to carry out section 2103 of Public Law 115–334: count’’, $73,000,000 are hereby rescinded. nature of the legal entity holding the interest,
Provided, That the Secretary shall prioritize the SEC. 771. In addition to the amount of reim- the country in which such foreign person is cre-
wetland compliance needs of areas with signifi- bursement for administrative and operating ex- ated or organized, and the principal place of
cant numbers of individual wetlands, wetland penses available for crop insurance contracts business of such foreign person.
acres, and conservation compliance requests. described in subsection (a)(2)(F) of section III of SEC. 774. Notwithstanding any other provision
SEC. 765. Notwithstanding any other provision the 2023 Standard Reinsurance Agreement of law, the common name ‘‘Kanpachi’’ shall
of law, the acceptable market name of any engi- (SRA) that cover agricultural commodities de- serve as an acceptable market name under the
neered animal approved prior to the effective scribed in section 101 of title I of the Specialty Federal Food, Drug, and Cosmetic Act (21
date of the National Bioengineered Food Disclo- Crops Competitiveness Act of 2004 (7 U.S.C. 1621 U.S.C. 301 et seq.) for labeling and marketing of
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sure Standard (February 19, 2019) shall include note), there is hereby appropriated $25,000,000, ocean-farmed Seriola rivoliana.
the words ‘‘genetically engineered’’ prior to the to remain available until expended, to pay, with SEC. 775. In this or any subsequent fiscal year,
existing acceptable market name. respect to such contracts for the 2021 reinsur- the Secretary of Homeland Security shall trans-
SEC. 766. There is appropriated to the Depart- ance year, an amount that is equal to the dif- fer to the Secretary of Agriculture the operation
ment of Agriculture, for an additional amount ference between the amount to be paid pursuant of and all property required to operate the Na-
for ‘‘Agricultural Programs—Processing, Re- to the SRA for the applicable reinsurance year tional Bio- and Agro-Defense Facility in Man-
search, and Marketing—Office of the Sec- and the amount that would be paid if such con- hattan, Kansas: Provided, That, such transfer
retary’’, $5,000,000, which shall remain available tracts were not subject to a reduction described of function shall include the transfer of up to 40
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10091
full time equivalent positions, to be completed cial representation expenses abroad; purchase of other export control programs of the United
within 120 days of the effective date of the passenger motor vehicles for official use abroad, States and other governments.
transfer of function, as jointly determined by not to exceed $45,000 per vehicle; not to exceed ECONOMIC DEVELOPMENT ADMINISTRATION
the Secretaries. $325,000 for purchase of armored vehicles with- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
SEC. 776. (a) Section 260 of the Agricultural out regard to the general purchase price limita-
For grants for economic development assist-
Marketing Act of 1946 (7 U.S.C. 1636i) is amend- tions; obtaining insurance on official motor ve-
ance as provided by the Public Works and Eco-
ed by striking ‘‘2022’’ and inserting ‘‘2023’’. hicles; and rental of tie lines, $625,000,000, of
which $85,000,000 shall remain available until nomic Development Act of 1965, for trade adjust-
(b) Section 942 of the Livestock Mandatory
September 30, 2024: Provided, That $12,000,000 is ment assistance, and for grants authorized by
Reporting Act of 1999 (7 U.S.C. 1635 note; Public
to be derived from fees to be retained and used sections 27, 28, 29, and 30 of the Stevenson-
Law 106–78) is amended by striking ‘‘2022’’ and
by the International Trade Administration, not- Wydler Technology Innovation Act of 1980 (15
inserting ‘‘2023’’.
withstanding section 3302 of title 31, United U.S.C. 3722, 3722a, 3722b, and 3723), as amend-
SEC. 777. Section 18(g) of the Richard B. Rus-
States Code: Provided further, That, of amounts ed, $430,000,000 to remain available until ex-
sell National School Lunch Act (42 U.S.C.
provided under this heading, not less than pended, of which $50,000,000 shall be for grants
1769(g)) is amended by striking ‘‘Access to Local
$16,400,000 shall be for China antidumping and under section 27, $41,000,000 shall be for grants
Foods: Farm to School Program.’’ and inserting
countervailing duty enforcement and compli- under section 28, $41,000,000 shall be for grants
‘‘Access to Local Foods: Patrick Leahy Farm to
ance activities: Provided further, That the pro- under section 29 in amounts determined by the
School Program’’.
SEC. 778. Notwithstanding 7 U.S.C. visions of the first sentence of section 105(f) and Secretary, and $2,500,000 shall be for grants
1991(a)(13), the Secretary shall consider a city or all of section 108(c) of the Mutual Educational under section 30: Provided, That any deviation
town to be a rural area for the purposes of eligi- and Cultural Exchange Act of 1961 (22 U.S.C. from the amounts designated for specific activi-
bility for a guaranteed loan funded through the 2455(f) and 2458(c)) shall apply in carrying out ties in the explanatory statement described in
Rural Community Facilities Program Account if these activities; and that for the purpose of this section 4 (in the matter preceding division A of
the project to be funded received a prior loan Act, contributions under the provisions of the this consolidated Act), or any use of deobligated
from such account in fiscal year 2021. Mutual Educational and Cultural Exchange Act balances of funds provided under this heading
SEC. 779. Of the unobligated balances in the of 1961 shall include payment for assessments in previous years, shall be subject to the proce-
‘‘Nonrecurring Expenses Fund’’ established in for services provided as part of these activities: dures set forth in section 505 of this Act.
section 742 of division A of Public Law 113–235, Provided further, That, of amounts provided SALARIES AND EXPENSES
$150,000,000 are hereby rescinded not later than under this heading, up to $3,000,000, to remain For necessary expenses of administering the
September 30, 2023. available until expended, shall be for the pur- economic development assistance programs as
SEC. 780. Funds made available in the Consoli- pose of carrying out a pilot fellowship program provided for by law, $68,000,000: Provided, That
dated Appropriations Act, 2018 (Public Law 115– of the United States Commercial Service under funds provided under this heading may be used
141) for the ‘‘Rural Community Facilities Pro- which the Secretary of Commerce may make to monitor projects approved pursuant to title I
gram Account’’ under section 306 of the Consoli- competitive grants to appropriate institutions of of the Public Works Employment Act of 1976;
dated Farm and Rural Development Act, 7 higher education or students to increase the title II of the Trade Act of 1974; sections 27
U.S.C. 1926, for the principal amount of direct level of knowledge and awareness of, and inter- through 30 of the Stevenson-Wydler Technology
loans are to remain available through fiscal est in employment with, that Service among mi- Innovation Act of 1980 (15 U.S.C. 3722–3723), as
year 2028 for the liquidation of valid obligations nority students: Provided further, That any amended; and the Community Emergency
incurred in fiscal year 2018. grants awarded under such program shall be Drought Relief Act of 1977.
SEC. 781. Of the unobligated balances from made pursuant to regulations to be prescribed MINORITY BUSINESS DEVELOPMENT AGENCY
amounts made available to carry out section by the Secretary, which shall require as a condi- MINORITY BUSINESS DEVELOPMENT
749(g) of the Agricultural Appropriations Act of tion of the initial receipt of grant funds, a com-
For necessary expenses of the Minority Busi-
2010 (Public Law 111–80), $80,000,000 are hereby mitment by prospective grantees to accept full-
ness Development Agency in fostering, pro-
rescinded: Provided, That no amounts may be time employment in the Global Markets unit of
moting, and developing minority business enter-
rescinded from amounts that were designated by the International Trade Administration upon
prises, as authorized by law, $70,000,000.
the Congress as an emergency requirement pur- the completion of participation in the program.
suant to a Concurrent Resolution on the Budget ECONOMIC AND STATISTICAL ANALYSIS
BUREAU OF INDUSTRY AND SECURITY
or the Balanced Budget and Emergency Deficit SALARIES AND EXPENSES
OPERATIONS AND ADMINISTRATION
Control Act of 1985. For necessary expenses for export administra- For necessary expenses, as authorized by law,
This division may be cited as the ‘‘Agri- tion and national security activities of the De- of economic and statistical analysis programs of
culture, Rural Development, Food and Drug Ad- partment of Commerce, including costs associ- the Department of Commerce, $130,000,000, to re-
ministration, and Related Agencies Appropria- ated with the performance of export administra- main available until September 30, 2024.
tions Act, 2023’’. tion field activities both domestically and BUREAU OF THE CENSUS
DIVISION B—COMMERCE, JUSTICE, abroad; full medical coverage for dependent CURRENT SURVEYS AND PROGRAMS
SCIENCE, AND RELATED AGENCIES AP- members of immediate families of employees sta- For necessary expenses for collecting, com-
PROPRIATIONS ACT, 2023 tioned overseas; employment of citizens of the piling, analyzing, preparing, and publishing
TITLE I United States and aliens by contract for services statistics, provided for by law, $330,000,000: Pro-
DEPARTMENT OF COMMERCE abroad; payment of tort claims, in the manner vided, That, from amounts provided herein,
authorized in the first paragraph of section 2672 funds may be used for promotion, outreach, and
INTERNATIONAL TRADE ADMINISTRATION
of title 28, United States Code, when such claims marketing activities.
OPERATIONS AND ADMINISTRATION arise in foreign countries; not to exceed $13,500 PERIODIC CENSUSES AND PROGRAMS
For necessary expenses for international trade for official representation expenses abroad;
For necessary expenses for collecting, com-
activities of the Department of Commerce pro- awards of compensation to informers under the
piling, analyzing, preparing, and publishing
vided for by law, to carry out activities associ- Export Control Reform Act of 2018 (subtitle B of
statistics for periodic censuses and programs
ated with facilitating, attracting, and retaining title XVII of the John S. McCain National De-
provided for by law, $1,155,000,000, to remain
business investment in the United States, and fense Authorization Act for Fiscal Year 2019;
available until September 30, 2024: Provided,
for engaging in trade promotional activities Public Law 115–232; 132 Stat. 2208; 50 U.S.C.
That, from amounts provided herein, funds may
abroad, including expenses of grants and coop- 4801 et seq.), and as authorized by section 1(b)
be used for promotion, outreach, and marketing
erative agreements for the purpose of promoting of the Act of June 15, 1917 (40 Stat. 223; 22
activities.
exports of United States firms, without regard to U.S.C. 401(b)); and purchase of passenger motor
sections 3702 and 3703 of title 44, United States vehicles for official use and motor vehicles for NATIONAL TELECOMMUNICATIONS AND
Code; full medical coverage for dependent mem- law enforcement use with special requirement INFORMATION ADMINISTRATION
bers of immediate families of employees sta- vehicles eligible for purchase without regard to SALARIES AND EXPENSES
tioned overseas and employees temporarily post- any price limitation otherwise established by For necessary expenses, as provided for by
ed overseas; travel and transportation of em- law, $191,000,000, of which $76,000,000 shall re- law, of the National Telecommunications and
ployees of the International Trade Administra- main available until expended: Provided, That Information Administration (NTIA), $62,000,000,
tion between two points abroad, without regard the provisions of the first sentence of section to remain available until September 30, 2024:
to section 40118 of title 49, United States Code; 105(f) and all of section 108(c) of the Mutual Provided, That, notwithstanding 31 U.S.C.
employment of citizens of the United States and Educational and Cultural Exchange Act of 1961 1535(d), the Secretary of Commerce shall charge
aliens by contract for services; rental of space (22 U.S.C. 2455(f) and 2458(c)) shall apply in Federal agencies for costs incurred in spectrum
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abroad for periods not exceeding 10 years, and carrying out these activities: Provided further, management, analysis, operations, and related
expenses of alteration, repair, or improvement; That payments and contributions collected and services, and such fees shall be retained and
purchase or construction of temporary demount- accepted for materials or services provided as used as offsetting collections for costs of such
able exhibition structures for use abroad; pay- part of such activities may be retained for use in spectrum services, to remain available until ex-
ment of tort claims, in the manner authorized in covering the cost of such activities, and for pro- pended: Provided further, That the Secretary of
the first paragraph of section 2672 of title 28, viding information to the public with respect to Commerce is authorized to retain and use as off-
United States Code, when such claims arise in the export administration and national security setting collections all funds transferred, or pre-
foreign countries; not to exceed $294,300 for offi- activities of the Department of Commerce and viously transferred, from other Government
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H10092 CONGRESSIONAL RECORD — HOUSE December 23, 2022
agencies for all costs incurred in telecommuni- ployees FEHB Fund, as appropriate, and shall vided further, That the Secretary of Commerce
cations research, engineering, and related ac- be available for the authorized purposes of those shall include in the budget justification mate-
tivities by the Institute for Telecommunication accounts: Provided further, That any dif- rials for fiscal year 2024 that the Secretary sub-
Sciences of NTIA, in furtherance of its assigned ferences between the present value factors pub- mits to Congress in support of the Department of
functions under this paragraph, and such funds lished in OPM’s yearly 300 series benefit letters Commerce budget (as submitted with the budget
received from other Government agencies shall and the factors that OPM provides for USPTO’s of the President under section 1105(a) of title 31,
remain available until expended. specific use shall be recognized as an imputed United States Code) an estimate for each Na-
PUBLIC TELECOMMUNICATIONS FACILITIES, cost on USPTO’s financial statements, where tional Institute of Standards and Technology
PLANNING AND CONSTRUCTION applicable: Provided further, That, notwith- construction project having a total multi-year
For the administration of prior-year grants, standing any other provision of law, all fees program cost of more than $5,000,000, and simul-
recoveries and unobligated balances of funds and surcharges assessed and collected by taneously the budget justification materials
previously appropriated are available for the USPTO are available for USPTO only pursuant shall include an estimate of the budgetary re-
administration of all open grants until their ex- to section 42(c) of title 35, United States Code, as quirements for each such project for each of the
piration. amended by section 22 of the Leahy-Smith 5 subsequent fiscal years.
America Invents Act (Public Law 112–29): Pro- NATIONAL OCEANIC AND ATMOSPHERIC
UNITED STATES PATENT AND TRADEMARK OFFICE vided further, That within the amounts appro- ADMINISTRATION
SALARIES AND EXPENSES priated, $2,450,000 shall be transferred to the
(INCLUDING TRANSFERS OF FUNDS) ‘‘Office of Inspector General’’ account for ac- OPERATIONS, RESEARCH, AND FACILITIES
For necessary expenses of the United States tivities associated with carrying out investiga- (INCLUDING TRANSFER OF FUNDS)
Patent and Trademark Office (USPTO) provided tions and audits related to the USPTO.
For necessary expenses of activities author-
for by law, including defense of suits instituted NATIONAL INSTITUTE OF STANDARDS AND ized by law for the National Oceanic and At-
against the Under Secretary of Commerce for In- TECHNOLOGY mospheric Administration, including mainte-
tellectual Property and Director of the USPTO, SCIENTIFIC AND TECHNICAL RESEARCH AND nance, operation, and hire of aircraft and ves-
$4,253,404,000, to remain available until ex- SERVICES sels; pilot programs for State-led fisheries man-
pended: Provided, That the sum herein appro- (INCLUDING TRANSFER OF FUNDS) agement, notwithstanding any other provision
priated from the general fund shall be reduced For necessary expenses of the National Insti- of law; grants, contracts, or other payments to
as offsetting collections of fees and surcharges tute of Standards and Technology (NIST), nonprofit organizations for the purposes of con-
assessed and collected by the USPTO under any $953,000,000, to remain available until expended, ducting activities pursuant to cooperative agree-
law are received during fiscal year 2023, so as to of which not to exceed $9,000,000 may be trans- ments; and relocation of facilities, $4,500,997,000,
result in a fiscal year 2023 appropriation from ferred to the ‘‘Working Capital Fund’’: Pro- to remain available until September 30, 2024:
the general fund estimated at $0: Provided fur- vided, That of the amounts appropriated under Provided, That fees and donations received by
ther, That during fiscal year 2023, should the this heading, $62,532,000 shall be used for the the National Ocean Service for the management
total amount of such offsetting collections be projects, and in the amounts, specified in the of national marine sanctuaries may be retained
less than $4,253,404,000, this amount shall be re- table immediately following the paragraph and used for the salaries and expenses associ-
duced accordingly: Provided further, That any ‘‘NIST STRS Community Project Funding/NIST ated with those activities, notwithstanding sec-
amount received in excess of $4,253,404,000 in fis- External Projects’’ in the explanatory statement tion 3302 of title 31, United States Code: Pro-
cal year 2023 and deposited in the Patent and described in section 4 (in the matter preceding vided further, That in addition, $344,901,000
Trademark Fee Reserve Fund shall remain division A of this consolidated Act): Provided shall be derived by transfer from the fund enti-
available until expended: Provided further, further, That the amounts made available for tled ‘‘Promote and Develop Fishery Products
That the Director of USPTO shall submit a the projects referenced in the preceding proviso and Research Pertaining to American Fish-
spending plan to the Committees on Appropria- may not be transferred for any other purpose: eries’’, which shall only be used for fishery ac-
tions of the House of Representatives and the Provided further, That not to exceed $5,000 shall tivities related to the Saltonstall-Kennedy Grant
Senate for any amounts made available by the be for official reception and representation ex- Program; Fisheries Data Collections, Surveys,
preceding proviso and such spending plan shall penses: Provided further, That NIST may pro- and Assessments; Observers and Training; Fish-
be treated as a reprogramming under section 505 vide local transportation for summer under- eries Management Programs and Services; and
of this Act and shall not be available for obliga- graduate research fellowship program partici- Interjurisdictional Fisheries Grants: Provided
tion or expenditure except in compliance with pants. further, That not to exceed $71,299,000 shall be
the procedures set forth in that section: Pro- for payment to the ‘‘Department of Commerce
INDUSTRIAL TECHNOLOGY SERVICES
vided further, That any amounts reprogrammed Working Capital Fund’’: Provided further, That
in accordance with the preceding proviso shall For necessary expenses for industrial tech-
nology services, $212,000,000, to remain available of the $4,868,898,000 provided for in direct obli-
be transferred to the United States Patent and gations under this heading, $4,500,997,000 is ap-
Trademark Office ‘‘Salaries and Expenses’’ ac- until expended, of which $175,000,000 shall be
for the Hollings Manufacturing Extension Part- propriated from the general fund, $344,901,000 is
count: Provided further, That the budget of the provided by transfer, and $23,000,000 is derived
President submitted for fiscal year 2024 under nership, and of which $37,000,000 shall be for
the Manufacturing USA Program. from recoveries of prior year obligations: Pro-
section 1105 of title 31, United States Code, shall vided further, That of the amounts appropriated
include within amounts provided under this CONSTRUCTION OF RESEARCH FACILITIES
under this heading, $111,465,000 shall be used
heading for necessary expenses of the USPTO For construction of new research facilities, in- for the projects, and in the amounts, specified in
any increases that are expected to result from cluding architectural and engineering design, the table immediately following the paragraph
an increase promulgated through rule or regula- and for renovation and maintenance of existing ‘‘NOAA Community Project Funding/NOAA
tion in offsetting collections of fees and sur- facilities, not otherwise provided for the Na- Special Projects’’ in the explanatory statement
charges assessed and collected by the USPTO tional Institute of Standards and Technology, described in section 4 (in the matter preceding
under any law in either fiscal year 2023 or fiscal as authorized by sections 13 through 15 of the division A of this consolidated Act): Provided
year 2024: Provided further, That from amounts National Institute of Standards and Technology further, That the amounts made available for
provided herein, not to exceed $13,500 shall be Act (15 U.S.C. 278c–278e), $462,285,000, to remain the projects referenced in the preceding proviso
made available in fiscal year 2023 for official re- available until expended: Provided, That of the may not be transferred for any other purpose:
ception and representation expenses: Provided amounts appropriated under this heading, Provided further, That any deviation from the
further, That in fiscal year 2023 from the $332,285,000 shall be used for the projects, and in amounts designated for specific activities in the
amounts made available for ‘‘Salaries and Ex- the amounts, specified in the table immediately explanatory statement described in section 4 (in
penses’’ for the USPTO, the amounts necessary following the paragraph ‘‘NIST Construction the matter preceding division A of this consoli-
to pay (1) the difference between the percentage Community Project Funding/NIST Extramural dated Act), or any use of deobligated balances
of basic pay contributed by the USPTO and em- Construction’’ in the explanatory statement de- of funds provided under this heading in pre-
ployees under section 8334(a) of title 5, United scribed in section 4 (in the matter preceding di- vious years, shall be subject to the procedures
States Code, and the normal cost percentage (as vision A of this consolidated Act): Provided fur- set forth in section 505 of this Act: Provided fur-
defined by section 8331(17) of that title) as pro- ther, That up to one percent of amounts made ther, That in addition, for necessary retired pay
vided by the Office of Personnel Management available for the projects referenced in the pre- expenses under the Retired Serviceman’s Family
(OPM) for USPTO’s specific use, of basic pay, ceding proviso may be used for the administra- Protection and Survivor Benefits Plan, and for
of employees subject to subchapter III of chapter tive costs of such projects: Provided further, payments for the medical care of retired per-
83 of that title, and (2) the present value of the That the Director of the National Institute of sonnel and their dependents under the Depend-
otherwise unfunded accruing costs, as deter- Standards and Technology shall submit a ents’ Medical Care Act (10 U.S.C. ch. 55), such
SSpencer on DSK126QN23PROD with HOUSE
mined by OPM for USPTO’s specific use of post- spending plan to the Committees on Appropria- sums as may be necessary.
retirement life insurance and post-retirement tions of the House of Representatives and the
PROCUREMENT, ACQUISITION AND CONSTRUCTION
health benefits coverage for all USPTO employ- Senate for any amounts made available by the
ees who are enrolled in Federal Employees preceding proviso and such spending plan shall For procurement, acquisition and construction
Health Benefits (FEHB) and Federal Employees be treated as a reprogramming under section 505 of capital assets, including alteration and modi-
Group Life Insurance (FEGLI), shall be trans- of this Act and shall not be available for obliga- fication costs, of the National Oceanic and At-
ferred to the Civil Service Retirement and Dis- tion or expenditure except in compliance with mospheric Administration, $1,653,630,000, to re-
ability Fund, the FEGLI Fund, and the Em- the procedures set forth in that section: Pro- main available until September 30, 2025, except
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10093
that funds provided for acquisition and con- bureau or office funded by this Act or any other I of division B of Public Law 113–6, are hereby
struction of vessels and aircraft, and construc- Act to offices within the Office of the Secretary adopted by reference and made applicable with
tion of facilities shall remain available until ex- of the Department of Commerce for more than respect to fiscal year 2023: Provided, That the
pended: Provided, That of the $1,666,630,000 pro- 180 days in a fiscal year unless the individual’s life cycle cost for the Joint Polar Satellite Sys-
vided for in direct obligations under this head- employing bureau or office is fully reimbursed tem is $11,322,125,000, the life cycle cost of the
ing, $1,653,630,000 is appropriated from the gen- for the salary and expenses of the employee for Polar Follow On Program is $6,837,900,000, the
eral fund and $13,000,000 is provided from recov- the entire period of assignment using funds pro- life cycle cost for the Geostationary Operational
eries of prior year obligations: Provided further, vided under this heading: Provided further, Environmental Satellite R-Series Program is
That any deviation from the amounts des- That amounts made available to the Department $11,700,100,000, and the life cycle cost for the
ignated for specific activities in the explanatory of Commerce in this or any prior Act may not be Space Weather Follow On Program is
statement described in section 4 (in the matter transferred pursuant to section 508 of this or $692,800,000.
preceding division A of this consolidated Act), any prior Act to the account funded under this SEC. 105. Notwithstanding any other provision
or any use of deobligated balances of funds pro- heading, except in the case of extraordinary cir- of law, the Secretary of Commerce may furnish
vided under this heading in previous years, cumstances that threaten life or property. services (including but not limited to utilities,
shall be subject to the procedures set forth in telecommunications, and security services) nec-
RENOVATION AND MODERNIZATION
section 505 of this Act: Provided further, That essary to support the operation, maintenance,
For necessary expenses for the renovation and and improvement of space that persons, firms, or
the Secretary of Commerce shall include in
modernization of the Herbert C. Hoover Build- organizations are authorized, pursuant to the
budget justification materials for fiscal year 2024
ing, $1,142,000. Public Buildings Cooperative Use Act of 1976 or
that the Secretary submits to Congress in sup-
port of the Department of Commerce budget (as NONRECURRING EXPENSES FUND other authority, to use or occupy in the Herbert
submitted with the budget of the President For necessary expenses for technology mod- C. Hoover Building, Washington, DC, or other
under section 1105(a) of title 31, United States ernization projects and cybersecurity risk miti- buildings, the maintenance, operation, and pro-
Code) an estimate for each National Oceanic gation of the Department of Commerce, tection of which has been delegated to the Sec-
and Atmospheric Administration procurement, $35,000,000, to remain available until September retary from the Administrator of General Serv-
acquisition or construction project having a 30, 2025: Provided, That amounts made available ices pursuant to the Federal Property and Ad-
total of more than $5,000,000 and simultaneously under this heading are in addition to such other ministrative Services Act of 1949 on a reimburs-
the budget justification shall include an esti- funds as may be available for such purposes: able or non-reimbursable basis. Amounts re-
mate of the budgetary requirements for each Provided further, That any unobligated bal- ceived as reimbursement for services provided
such project for each of the 5 subsequent fiscal ances of expired discretionary funds transferred under this section or the authority under which
years. to the Department of Commerce Nonrecurring the use or occupancy of the space is authorized,
Expenses Fund, as authorized by section 111 of up to $200,000, shall be credited to the appro-
PACIFIC COASTAL SALMON RECOVERY
title I of division B of Public Law 116–93, may priation or fund which initially bears the costs
For necessary expenses associated with the of such services.
restoration of Pacific salmon populations, be obligated only after the Committees on Ap-
propriations of the House of Representatives SEC. 106. Nothing in this title shall be con-
$65,000,000, to remain available until September strued to prevent a grant recipient from deter-
30, 2024: Provided, That, of the funds provided and the Senate are notified at least 15 days in
advance of the planned use of funds. ring child pornography, copyright infringement,
herein, the Secretary of Commerce may issue or any other unlawful activity over its net-
grants to the States of Washington, Oregon, OFFICE OF INSPECTOR GENERAL
works.
Idaho, Nevada, California, and Alaska, and to For necessary expenses of the Office of In- SEC. 107. The Administrator of the National
the federally recognized Tribes of the Columbia spector General in carrying out the provisions of Oceanic and Atmospheric Administration is au-
River and Pacific Coast (including Alaska), for the Inspector General Act of 1978 (5 U.S.C. thorized to use, with their consent, with reim-
projects necessary for conservation of salmon App.), $48,000,000. bursement and subject to the limits of available
and steelhead populations that are listed as GENERAL PROVISIONS—DEPARTMENT OF appropriations, the land, services, equipment,
threatened or endangered, or that are identified COMMERCE personnel, and facilities of any department,
by a State as at-risk to be so listed, for main- agency, or instrumentality of the United States,
(INCLUDING TRANSFER OF FUNDS)
taining populations necessary for exercise of or of any State, local government, Indian Tribal
Tribal treaty fishing rights or native subsistence SEC. 101. During the current fiscal year, appli- government, Territory, or possession, or of any
fishing, or for conservation of Pacific coastal cable appropriations and funds made available political subdivision thereof, or of any foreign
salmon and steelhead habitat, based on guide- to the Department of Commerce by this Act shall government or international organization, for
lines to be developed by the Secretary of Com- be available for the activities specified in the purposes related to carrying out the responsibil-
merce: Provided further, That all funds shall be Act of October 26, 1949 (15 U.S.C. 1514), to the ities of any statute administered by the National
allocated based on scientific and other merit extent and in the manner prescribed by the Act, Oceanic and Atmospheric Administration.
principles and shall not be available for mar- and, notwithstanding 31 U.S.C. 3324, may be SEC. 108. The National Technical Information
keting activities: Provided further, That funds used for advanced payments not otherwise au- Service shall not charge any customer for a copy
disbursed to States shall be subject to a match- thorized only upon the certification of officials of any report or document generated by the Leg-
ing requirement of funds or documented in-kind designated by the Secretary of Commerce that islative Branch unless the Service has provided
contributions of at least 33 percent of the Fed- such payments are in the public interest. information to the customer on how an elec-
eral funds. SEC. 102. During the current fiscal year, ap- tronic copy of such report or document may be
FISHERIES DISASTER ASSISTANCE propriations made available to the Department accessed and downloaded for free online.
of Commerce by this Act for salaries and ex- Should a customer still require the Service to
For necessary expenses of administering the
penses shall be available for hire of passenger provide a printed or digital copy of the report or
fishery disaster assistance programs authorized
motor vehicles as authorized by 31 U.S.C. 1343 document, the charge shall be limited to recov-
by the Magnuson-Stevens Fishery Conservation
and 1344; services as authorized by 5 U.S.C. ering the Service’s cost of processing, reproduc-
and Management Act (Public Law 94–265) and
3109; and uniforms or allowances therefor, as ing, and delivering such report or document.
the Interjurisdictional Fisheries Act (title III of
authorized by law (5 U.S.C. 5901–5902). SEC. 109. To carry out the responsibilities of
Public Law 99–659), $300,000.
SEC. 103. Not to exceed 5 percent of any ap- the National Oceanic and Atmospheric Adminis-
FISHERMEN’S CONTINGENCY FUND propriation made available for the current fiscal tration (NOAA), the Administrator of NOAA is
For carrying out the provisions of title IV of year for the Department of Commerce in this Act authorized to: (1) enter into grants and coopera-
Public Law 95–372, not to exceed $349,000, to be may be transferred between such appropria- tive agreements with; (2) use on a non-reimburs-
derived from receipts collected pursuant to that tions, but no such appropriation shall be in- able basis land, services, equipment, personnel,
Act, to remain available until expended. creased by more than 10 percent by any such and facilities provided by; and (3) receive and
FISHERIES FINANCE PROGRAM ACCOUNT transfers: Provided, That any transfer pursuant expend funds made available on a consensual
Subject to section 502 of the Congressional to this section shall be treated as a reprogram- basis from: a Federal agency, State or subdivi-
Budget Act of 1974, during fiscal year 2023, obli- ming of funds under section 505 of this Act and sion thereof, local government, Tribal govern-
gations of direct loans may not exceed shall not be available for obligation or expendi- ment, Territory, or possession or any subdivi-
$24,000,000 for Individual Fishing Quota loans ture except in compliance with the procedures sions thereof: Provided, That funds received for
and not to exceed $100,000,000 for traditional di- set forth in that section: Provided further, That permitting and related regulatory activities pur-
rect loans as authorized by the Merchant Ma- the Secretary of Commerce shall notify the Com- suant to this section shall be deposited under
rine Act of 1936. mittees on Appropriations at least 15 days in ad- the heading ‘‘National Oceanic and Atmos-
vance of the acquisition or disposal of any cap- pheric Administration—Operations, Research,
SSpencer on DSK126QN23PROD with HOUSE
DEPARTMENTAL MANAGEMENT ital asset (including land, structures, and equip- and Facilities’’ and shall remain available until
SALARIES AND EXPENSES ment) not specifically provided for in this Act or September 30, 2024, for such purposes: Provided
For necessary expenses for the management of any other law appropriating funds for the De- further, That all funds within this section and
the Department of Commerce provided for by partment of Commerce. their corresponding uses are subject to section
law, including not to exceed $4,500 for official SEC. 104. The requirements set forth by section 505 of this Act.
reception and representation, $95,000,000: Pro- 105 of the Commerce, Justice, Science, and Re- SEC. 110. Amounts provided by this Act or by
vided, That no employee of the Department of lated Agencies Appropriations Act, 2012 (Public any prior appropriations Act that remain avail-
Commerce may be detailed or assigned from a Law 112–55), as amended by section 105 of title able for obligation, for necessary expenses of the
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H10094 CONGRESSIONAL RECORD — HOUSE December 23, 2022
programs of the Economics and Statistics Ad- from the Executive Office for Immigration Re- under section 8 of the Voting Rights Act of 1965
ministration of the Department of Commerce, in- view fees deposited in the ‘‘Immigration Exami- (52 U.S.C. 10305) may also be used to carry out
cluding amounts provided for programs of the nations Fee’’ account, and of which not less any authorized purposes of the Civil Rights Di-
Bureau of Economic Analysis and the Bureau of than $29,000,000 shall be available for services vision: Provided further, That amounts
the Census, shall be available for expenses of co- and activities provided by the Legal Orientation repurposed by the preceding proviso may not be
operative agreements with appropriate entities, Program: Provided, That not to exceed used to increase the number of permanent posi-
including any Federal, State, or local govern- $50,000,000 of the total amount made available tions.
mental unit, or institution of higher education, under this heading shall remain available until In addition, for reimbursement of expenses of
to aid and promote statistical, research, and September 30, 2027, for build-out and modifica- the Department of Justice associated with proc-
methodology activities which further the pur- tions of courtroom space. essing cases under the National Childhood Vac-
poses for which such amounts have been made OFFICE OF INSPECTOR GENERAL cine Injury Act of 1986, $31,738,000, to be appro-
available. priated from the Vaccine Injury Compensation
For necessary expenses of the Office of In-
SEC. 111. Amounts provided by this Act for the Trust Fund and to remain available until ex-
spector General, $139,000,000, including not to
Hollings Manufacturing Extension Partnership pended.
exceed $10,000 to meet unforeseen emergencies of
under the heading ‘‘National Institute of Stand-
a confidential character: Provided, That not to SALARIES AND EXPENSES, ANTITRUST DIVISION
ards and Technology—Industrial Technology
exceed $4,000,000 shall remain available until
Services’’ shall not be subject to cost share re- For expenses necessary for the enforcement of
September 30, 2024.
quirements under 15 U.S.C. 278k(e)(2): Provided, antitrust and kindred laws, $225,000,000, to re-
That the authority made available pursuant to UNITED STATES PAROLE COMMISSION
main available until expended, of which not to
this section shall be elective, in whole or in part, SALARIES AND EXPENSES exceed $5,000 shall be available for official re-
for any Manufacturing Extension Partnership For necessary expenses of the United States ception and representation expenses: Provided,
Center that also receives funding from a State Parole Commission as authorized, $14,591,000: That notwithstanding any other provision of
that is conditioned upon the application of a Provided, That, notwithstanding any other pro- law, fees collected for premerger notification fil-
Federal cost sharing requirement. vision of law, upon the expiration of a term of ings under the Hart-Scott-Rodino Antitrust Im-
SEC. 112. The Secretary of Commerce, or the office of a Commissioner, the Commissioner may provements Act of 1976 (15 U.S.C. 18a), regard-
designee of the Secretary, may waive— continue to act until a successor has been ap- less of the year of collection (and estimated to be
(1) in whole or in part, the matching require- pointed. $190,000,000 in fiscal year 2023), shall be re-
ments under sections 306 and 306A, and the cost tained and used for necessary expenses in this
sharing requirements under section 315, of the LEGAL ACTIVITIES
appropriation, and shall remain available until
Coastal Zone Management Act of 1972 (16 SALARIES AND EXPENSES, GENERAL LEGAL
expended: Provided further, That the sum here-
U.S.C. 1455, 1455a, and 1461) as necessary at the ACTIVITIES
in appropriated from the general fund shall be
request of the grant applicant, for amounts (INCLUDING TRANSFER OF FUNDS) reduced as such offsetting collections are re-
made available under this Act under the head- For expenses necessary for the legal activities ceived during fiscal year 2023, so as to result in
ing ‘‘Operations, Research, and Facilities’’ of the Department of Justice, not otherwise pro- a final fiscal year 2023 appropriation from the
under the heading ‘‘National Oceanic and At- vided for, including not to exceed $20,000 for ex- general fund estimated at $35,000,000.
mospheric Administration’’; and penses of collecting evidence, to be expended
(2) up to 50 percent of the matching require- SALARIES AND EXPENSES, UNITED STATES
under the direction of, and to be accounted for
ments under sections 306 and 306A, and the cost solely under the certificate of, the Attorney
ATTORNEYS
sharing requirements under section 315, of the General; the administration of pardon and clem- For necessary expenses of the Offices of the
Coastal Zone Management Act of 1972 (16 ency petitions; and rent of private or Govern- United States Attorneys, including inter-govern-
U.S.C. 1455, 1455a, and 1461) as necessary at the ment-owned space in the District of Columbia, mental and cooperative agreements,
request of the grant applicant, for amounts $1,138,000,000, of which not to exceed $50,000,000 $2,632,000,000: Provided, That of the total
made available under this Act under the head- for litigation support contracts and information amount appropriated, not to exceed $19,600 shall
ing ‘‘Procurement, Acquisition and Construc- technology projects, including cybersecurity and be available for official reception and represen-
tion’’ under the heading ‘‘National Oceanic and hardening of critical networks, shall remain tation expenses: Provided further, That not to
Atmospheric Administration’’. available until expended: Provided, That of the exceed $40,000,000 shall remain available until
This title may be cited as the ‘‘Department of amount provided for INTERPOL Washington expended: Provided further, That each United
Commerce Appropriations Act, 2023’’. dues payments, not to exceed $685,000 shall re- States Attorney shall establish or participate in
TITLE II main available until expended: Provided fur- a task force on human trafficking.
DEPARTMENT OF JUSTICE ther, That of the total amount appropriated, not
UNITED STATES TRUSTEE SYSTEM FUND
GENERAL ADMINISTRATION to exceed $9,000 shall be available to INTERPOL
SALARIES AND EXPENSES
Washington for official reception and represen- For necessary expenses of the United States
tation expenses: Provided further, That of the Trustee Program, as authorized, $255,000,000, to
For expenses necessary for the administration total amount appropriated, not to exceed $9,000 remain available until expended: Provided,
of the Department of Justice, $145,000,000, of shall be available to the Criminal Division for That, notwithstanding any other provision of
which $4,000,000 shall remain available until official reception and representation expenses: law, deposits of discretionary offsetting collec-
September 30, 2024, and of which not to exceed Provided further, That notwithstanding section tions to the United States Trustee System Fund
$4,000,000 for security and construction of De- 205 of this Act, upon a determination by the At- and amounts herein appropriated shall be avail-
partment of Justice facilities shall remain avail- torney General that emergent circumstances re- able in such amounts as may be necessary to
able until expended. quire additional funding for litigation activities pay refunds due depositors: Provided further,
JUSTICE INFORMATION SHARING TECHNOLOGY of the Civil Division, the Attorney General may That, notwithstanding any other provision of
(INCLUDING TRANSFER OF FUNDS) transfer such amounts to ‘‘Salaries and Ex- law, fees deposited into the Fund as discre-
For necessary expenses for information shar- penses, General Legal Activities’’ from available tionary offsetting collections pursuant to section
ing technology, including planning, develop- appropriations for the current fiscal year for the 589a of title 28, United States Code (as limited
ment, deployment and departmental direction, Department of Justice, as may be necessary to by section 589a(f)(2) of title 28, United States
$138,000,000, to remain available until expended: respond to such circumstances: Provided fur- Code), shall be retained and used for necessary
Provided, That the Attorney General may trans- ther, That any transfer pursuant to the pre- expenses in this appropriation and shall remain
fer up to $40,000,000 to this account, from funds ceding proviso shall be treated as a reprogram- available until expended: Provided further,
available to the Department of Justice for infor- ming under section 505 of this Act and shall not That to the extent that fees deposited into the
mation technology, to remain available until ex- be available for obligation or expenditure except Fund as discretionary offsetting collections in
pended, for enterprise-wide information tech- in compliance with the procedures set forth in fiscal year 2023, net of amounts necessary to
nology initiatives: Provided further, That the that section: Provided further, That of the pay refunds due depositors, exceed $255,000,000,
transfer authority in the preceding proviso is in amount appropriated, such sums as may be nec- those excess amounts shall be available in fu-
addition to any other transfer authority con- essary shall be available to the Civil Rights Di- ture fiscal years only to the extent provided in
tained in this Act: Provided further, That any vision for salaries and expenses associated with advance in appropriations Acts: Provided fur-
transfer pursuant to the first proviso shall be the election monitoring program under section 8 ther, That the sum herein appropriated from the
treated as a reprogramming under section 505 of of the Voting Rights Act of 1965 (52 U.S.C. general fund shall be reduced (1) as such fees
this Act and shall not be available for obligation 10305) and to reimburse the Office of Personnel are received during fiscal year 2023, net of
or expenditure except in compliance with the Management for such salaries and expenses: amounts necessary to pay refunds due deposi-
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procedures set forth in that section. Provided further, That of the amounts provided tors, (estimated at $269,000,000) and (2) to the
under this heading for the election monitoring extent that any remaining general fund appro-
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
program, $3,390,000 shall remain available until priations can be derived from amounts deposited
(INCLUDING TRANSFER OF FUNDS) expended: Provided further, That any funds in the Fund as discretionary offsetting collec-
For expenses necessary for the administration provided under this heading in prior year ap- tions in previous fiscal years that are not other-
of immigration-related activities of the Executive propriations Acts that remain available to the wise appropriated, so as to result in a final fis-
Office for Immigration Review, $860,000,000, of Civil Rights Division for salaries and expenses cal year 2023 appropriation from the general
which $4,000,000 shall be derived by transfer associated with the election monitoring program fund estimated at $0.
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10095
SALARIES AND EXPENSES, FOREIGN CLAIMS NATIONAL SECURITY DIVISION penses incurred to clean up and safely dispose
SETTLEMENT COMMISSION SALARIES AND EXPENSES of substances associated with clandestine meth-
For expenses necessary to carry out the activi- amphetamine laboratories, conversion and ex-
(INCLUDING TRANSFER OF FUNDS)
ties of the Foreign Claims Settlement Commis- traction operations, tableting operations, or lab-
For expenses necessary to carry out the activi- oratories and processing operations for fentanyl
sion, including services as authorized by section ties of the National Security Division,
3109 of title 5, United States Code, $2,504,000. and fentanyl-related substances which may
$133,512,000, of which not to exceed $5,000,000 present a danger to public health or the envi-
FEES AND EXPENSES OF WITNESSES for information technology systems shall remain ronment.
available until expended: Provided, That not-
For fees and expenses of witnesses, for ex- withstanding section 205 of this Act, upon a de- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
penses of contracts for the procurement and su- termination by the Attorney General that emer- EXPLOSIVES
pervision of expert witnesses, for private counsel gent circumstances require additional funding SALARIES AND EXPENSES
expenses, including advances, and for expenses for the activities of the National Security Divi-
of foreign counsel, $270,000,000, to remain avail- For necessary expenses of the Bureau of Alco-
sion, the Attorney General may transfer such hol, Tobacco, Firearms and Explosives, for
able until expended, of which not to exceed amounts to this heading from available appro-
$16,000,000 is for construction of buildings for training of State and local law enforcement
priations for the current fiscal year for the De- agencies with or without reimbursement, includ-
protected witness safesites; not to exceed partment of Justice, as may be necessary to re-
$3,000,000 is for the purchase and maintenance ing training in connection with the training and
spond to such circumstances: Provided further, acquisition of canines for explosives and fire
of armored and other vehicles for witness secu- That any transfer pursuant to the preceding
rity caravans; and not to exceed $35,000,000 is accelerants detection; and for provision of lab-
proviso shall be treated as a reprogramming oratory assistance to State and local law en-
for the purchase, installation, maintenance, and under section 505 of this Act and shall not be
upgrade of secure telecommunications equip- forcement agencies, with or without reimburse-
available for obligation or expenditure except in ment, $1,672,000,000, of which not to exceed
ment and a secure automated information net- compliance with the procedures set forth in that
work to store and retrieve the identities and lo- $36,000 shall be for official reception and rep-
section. resentation expenses, not to exceed $1,000,000
cations of protected witnesses: Provided, That
amounts made available under this heading may INTERAGENCY LAW ENFORCEMENT shall be available for the payment of attorneys’
not be transferred pursuant to section 205 of this INTERAGENCY CRIME AND DRUG ENFORCEMENT fees as provided by section 924(d)(2) of title 18,
Act. For necessary expenses for the identification, United States Code, and not to exceed
investigation, and prosecution of individuals as- $25,000,000 shall remain available until ex-
SALARIES AND EXPENSES, COMMUNITY RELATIONS
sociated with the most significant drug traf- pended: Provided, That none of the funds ap-
SERVICE
ficking organizations, transnational organized propriated herein shall be available to inves-
(INCLUDING TRANSFER OF FUNDS) crime, and money laundering organizations not tigate or act upon applications for relief from
otherwise provided for, to include inter-govern- Federal firearms disabilities under section 925(c)
For necessary expenses of the Community Re-
mental agreements with State and local law en- of title 18, United States Code: Provided further,
lations Service, $25,024,000: Provided, That not-
forcement agencies engaged in the investigation That such funds shall be available to investigate
withstanding section 205 of this Act, upon a de-
and prosecution of individuals involved in and act upon applications filed by corporations
termination by the Attorney General that emer-
transnational organized crime and drug traf- for relief from Federal firearms disabilities
gent circumstances require additional funding
ficking, $550,458,000, of which $50,000,000 shall under section 925(c) of title 18, United States
for conflict resolution and violence prevention
remain available until expended: Provided, That Code: Provided further, That no funds made
activities of the Community Relations Service,
any amounts obligated from appropriations available by this or any other Act may be used
the Attorney General may transfer such
under this heading may be used under authori- to transfer the functions, missions, or activities
amounts to the Community Relations Service,
ties available to the organizations reimbursed of the Bureau of Alcohol, Tobacco, Firearms
from available appropriations for the current
from this appropriation. and Explosives to other agencies or Depart-
fiscal year for the Department of Justice, as may
ments.
be necessary to respond to such circumstances: FEDERAL BUREAU OF INVESTIGATION
Provided further, That any transfer pursuant to SALARIES AND EXPENSES
CONSTRUCTION
the preceding proviso shall be treated as a re- For necessary expenses related to construction
For necessary expenses of the Federal Bureau
programming under section 505 of this Act and of laboratory facilities, to include the cost of
of Investigation for detection, investigation, and
shall not be available for obligation or expendi- equipment, furniture, and information tech-
prosecution of crimes against the United States,
ture except in compliance with the procedures nology requirements; construction or acquisition
$10,676,000,000, of which not to exceed
set forth in that section. of buildings, facilities, and sites by purchase, or
$216,900,000 shall remain available until ex-
ASSETS FORFEITURE FUND pended: Provided, That not to exceed $284,000 as otherwise authorized by law; conversion,
shall be available for official reception and rep- modification and extension of federally owned
For expenses authorized by subparagraphs
resentation expenses. buildings; and preliminary planning and design
(B), (F), and (G) of section 524(c)(1) of title 28,
of projects; $75,000,000, to remain available until
United States Code, $20,514,000, to be derived CONSTRUCTION
expended.
from the Department of Justice Assets Forfeiture For necessary expenses, to include the cost of
Fund. equipment, furniture, and information tech- FEDERAL PRISON SYSTEM
UNITED STATES MARSHALS SERVICE nology requirements, related to construction or SALARIES AND EXPENSES
acquisition of buildings, facilities, and sites by (INCLUDING TRANSFER OF FUNDS)
SALARIES AND EXPENSES purchase, or as otherwise authorized by law;
For necessary expenses of the United States conversion, modification, and extension of fed- For necessary expenses of the Federal Prison
Marshals Service, $1,705,000,000, of which not to erally owned buildings; preliminary planning System for the administration, operation, and
exceed $20,000 shall be available for official re- and design of projects; and operation and main- maintenance of Federal penal and correctional
ception and representation expenses, and not to tenance of secure work environment facilities institutions, and for the provision of technical
exceed $25,000,000 shall remain available until and secure networking capabilities; $651,895,000, assistance and advice on corrections related
expended. to remain available until expended. issues to foreign governments, $8,392,588,000:
Provided, That not less than $409,483,000 shall
CONSTRUCTION DRUG ENFORCEMENT ADMINISTRATION
be for the programs and activities authorized by
SALARIES AND EXPENSES the First Step Act of 2018 (Public Law 115–391),
For construction in space that is controlled,
occupied, or utilized by the United States Mar- For necessary expenses of the Drug Enforce- of which not less than 2 percent shall be trans-
shals Service for prisoner holding and related ment Administration, including not to exceed ferred to and merged with the appropriation for
support, $18,000,000, to remain available until $70,000 to meet unforeseen emergencies of a con- ‘‘Office of Justice Programs—Research, Evalua-
expended. fidential character pursuant to section 530C of tion and Statistics’’ for the National Institute of
title 28, United States Code; and expenses for Justice to carry out evaluations of programs and
FEDERAL PRISONER DETENTION
conducting drug education and training pro- activities related to the First Step Act of 2018:
For necessary expenses related to United grams, including travel and related expenses for Provided further, That the Attorney General
States prisoners in the custody of the United participants in such programs and the distribu- may transfer to the Department of Health and
States Marshals Service as authorized by section tion of items of token value that promote the Human Services such amounts as may be nec-
4013 of title 18, United States Code, goals of such programs, $2,563,116,000, of which essary for direct expenditures by that Depart-
$2,129,789,000, to remain available until ex- not to exceed $75,000,000 shall remain available ment for medical relief for inmates of Federal
SSpencer on DSK126QN23PROD with HOUSE
pended: Provided, That not to exceed $20,000,000 until expended and not to exceed $90,000 shall penal and correctional institutions: Provided
shall be considered ‘‘funds appropriated for be available for official reception and represen- further, That the Director of the Federal Prison
State and local law enforcement assistance’’ tation expenses: Provided, That, notwith- System, where necessary, may enter into con-
pursuant to section 4013(b) of title 18, United standing section 3672 of Public Law 106–310, up tracts with a fiscal agent or fiscal intermediary
States Code: Provided further, That the United to $10,000,000 may be used to reimburse States, claims processor to determine the amounts pay-
States Marshals Service shall be responsible for units of local government, Indian Tribal Gov- able to persons who, on behalf of the Federal
managing the Justice Prisoner and Alien Trans- ernments, other public entities, and multi-juris- Prison System, furnish health services to indi-
portation System. dictional or regional consortia thereof for ex- viduals committed to the custody of the Federal
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H10096 CONGRESSIONAL RECORD — HOUSE December 23, 2022
Prison System: Provided further, That not to ex- Today Act of 2003 (Public Law 108–21); the Ju- (6) $78,500,000 is for sexual assault victims as-
ceed $5,400 shall be available for official recep- venile Justice and Delinquency Prevention Act sistance, as authorized by section 41601 of the
tion and representation expenses: Provided fur- of 1974 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); 1994 Act;
ther, That not to exceed $50,000,000 shall remain the Victims of Trafficking and Violence Protec- (7) $50,000,000 is for rural domestic violence
available until expended for necessary oper- tion Act of 2000 (Public Law 106–386) (‘‘the 2000 and child abuse enforcement assistance grants,
ations: Provided further, That, of the amounts Act’’); the Violence Against Women and Depart- as authorized by section 40295 of the 1994 Act;
provided for contract confinement, not to exceed ment of Justice Reauthorization Act of 2005 (8) $25,000,000 is for grants to reduce violent
$20,000,000 shall remain available until ex- (Public Law 109–162) (‘‘the 2005 Act’’); the Vio- crimes against women on campus, as authorized
pended to make payments in advance for grants, lence Against Women Reauthorization Act of by section 304 of the 2005 Act, of which
contracts and reimbursable agreements, and 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the $12,500,000 is for grants to Historically Black
other expenses: Provided further, That the Di- Justice for Victims of Trafficking Act of 2015 Colleges and Universities, Hispanic-Serving In-
rector of the Federal Prison System may accept (Public Law 114–22) (‘‘the 2015 Act’’); and the stitutions, and Tribal colleges and universities;
donated property and services relating to the Abolish Human Trafficking Act (Public Law (9) $55,000,000 is for legal assistance for vic-
operation of the prison card program from a 115–392); and the Violence Against Women Act tims, as authorized by section 1201 of the 2000
not-for-profit entity which has operated such Reauthorization Act of 2022 (division W of Pub- Act;
program in the past, notwithstanding the fact lic Law 117–103) (‘‘the 2022 Act’’); and for re-
(10) $9,000,000 is for enhanced training and
that such not-for-profit entity furnishes services lated victims services, $700,000,000, to remain
services to end violence against and abuse of
under contracts to the Federal Prison System re- available until expended: Provided, That except
women in later life, as authorized by section
lating to the operation of pre-release services, as otherwise provided by law, not to exceed 5
40801 of the 1994 Act;
halfway houses, or other custodial facilities. percent of funds made available under this
heading may be used for expenses related to (11) $22,000,000 is for grants to support fami-
BUILDINGS AND FACILITIES lies in the justice system, as authorized by sec-
evaluation, training, and technical assistance:
For planning, acquisition of sites, and con- Provided further, That of the amount pro- tion 1301 of the 2000 Act: Provided, That unobli-
struction of new facilities; purchase and acqui- vided— gated balances available for the programs au-
sition of facilities and remodeling, and equip- (1) $255,000,000 is for grants to combat violence thorized by section 1301 of the 2000 Act and sec-
ping of such facilities for penal and correctional against women, as authorized by part T of the tion 41002 of the 1994 Act, prior to their amend-
use, including all necessary expenses incident 1968 Act, and any applicable increases for the ment by the 2013 Act, shall be available for this
thereto, by contract or force account; and con- amount of such grants, as authorized by section program;
structing, remodeling, and equipping necessary 5903 of the James M. Inhofe National Defense (12) $12,000,000 is for education and training
buildings and facilities at existing penal and Authorization Act for Fiscal Year 2023: Pro- to end violence against and abuse of women
correctional institutions, including all necessary vided, That $10,000,000 shall be for any such in- with disabilities, as authorized by section 1402
expenses incident thereto, by contract or force creases under such section 5903, which shall of the 2000 Act;
account, $108,000,000, to remain available until apply to fiscal year 2023 grants funded by (13) $1,000,000 is for the National Resource
expended: Provided, That labor of United States amounts provided in this paragraph; Center on Workplace Responses to assist victims
prisoners may be used for work performed under (2) $50,000,000 is for transitional housing as- of domestic violence, as authorized by section
this appropriation. sistance grants for victims of domestic violence, 41501 of the 1994 Act;
FEDERAL PRISON INDUSTRIES, INCORPORATED dating violence, stalking, or sexual assault as (14) $1,000,000 is for analysis and research on
The Federal Prison Industries, Incorporated, authorized by section 40299 of the 1994 Act; violence against Indian women, including as
is hereby authorized to make such expenditures (3) $2,500,000 is for the National Institute of authorized by section 904 of the 2005 Act: Pro-
within the limits of funds and borrowing au- Justice and the Bureau of Justice Statistics for vided, That such funds may be transferred to
thority available, and in accord with the law, research, evaluation, and statistics of violence ‘‘Research, Evaluation and Statistics’’ for ad-
and to make such contracts and commitments against women and related issues addressed by ministration by the Office of Justice Programs;
without regard to fiscal year limitations as pro- grant programs of the Office on Violence (15) $500,000 is for a national clearinghouse
vided by section 9104 of title 31, United States Against Women, which shall be transferred to that provides training and technical assistance
Code, as may be necessary in carrying out the ‘‘Research, Evaluation and Statistics’’ for ad- on issues relating to sexual assault of American
program set forth in the budget for the current ministration by the Office of Justice Programs; Indian and Alaska Native women;
(4) $17,000,000 is for a grant program to pro- (16) $11,000,000 is for programs to assist Tribal
fiscal year for such corporation.
vide services to advocate for and respond to Governments in exercising special Tribal crimi-
LIMITATION ON ADMINISTRATIVE EXPENSES, youth victims of domestic violence, dating vio-
FEDERAL PRISON INDUSTRIES, INCORPORATED nal jurisdiction, as authorized by section 204 of
lence, sexual assault, and stalking; assistance to the Indian Civil Rights Act: Provided, That the
Not to exceed $2,700,000 of the funds of the children and youth exposed to such violence; grant conditions in section 40002(b) of the 1994
Federal Prison Industries, Incorporated, shall programs to engage men and youth in pre- Act shall apply to grants made;
be available for its administrative expenses, and venting such violence; and assistance to middle
for services as authorized by section 3109 of title (17) $2,500,000 is for the purposes authorized
and high school students through education
5, United States Code, to be computed on an ac- under the 2015 Act;
and other services related to such violence, of
crual basis to be determined in accordance with (18) $15,000,000 is for a grant program to sup-
which $3,500,000 is to engage men and youth in
the corporation’s current prescribed accounting port restorative justice responses to domestic vi-
preventing domestic violence, dating violence,
system, and such amounts shall be exclusive of olence, dating violence, sexual assault, and
sexual assault, and stalking: Provided, That un-
depreciation, payment of claims, and expendi- stalking, including evaluations of those re-
obligated balances available for the programs
tures which such accounting system requires to sponses: Provided, That the definitions and
authorized by sections 41201, 41204, 41303, and
be capitalized or charged to cost of commodities grant conditions in section 109 of the 2022 Act,
41305 of the 1994 Act, prior to its amendment by
acquired or produced, including selling and shall apply to this program;
the 2013 Act, shall be available for this program:
shipping expenses, and expenses in connection Provided further, That 10 percent of the total (19) $11,000,000 is for culturally specific serv-
with acquisition, construction, operation, main- amount available for this grant program shall be ices for victims, as authorized by section 121 of
tenance, improvement, protection, or disposition available for grants under the program author- the 2005 Act;
of facilities and other property belonging to the ized by section 2015 of the 1968 Act: Provided (20) $3,000,000 is for an initiative to support
corporation or in which it has an interest. further, That the definitions and grant condi- cross-designation of tribal prosecutors as Tribal
STATE AND LOCAL LAW ENFORCEMENT tions in section 40002 of the 1994 Act shall apply Special Assistant United States Attorneys: Pro-
ACTIVITIES to this program; vided, That the definitions and grant conditions
(5) $60,500,000 is for grants to improve the in section 40002 of the 1994 Act shall apply to
OFFICE ON VIOLENCE AGAINST WOMEN
criminal justice response as authorized by part this initiative;
VIOLENCE AGAINST WOMEN PREVENTION AND (21) $1,000,000 is for an initiative to support
U of title I the 1968 Act, of which $4,000,000 is
PROSECUTION PROGRAMS victims of domestic violence, dating violence,
for a homicide reduction initiative; up to
(INCLUDING TRANSFER OF FUNDS) $4,000,000 is for a domestic violence lethality re- sexual assault, and stalking, including through
For grants, contracts, cooperative agreements, duction initiative; $8,000,000 is for an initiative the provision of technical assistance, as author-
and other assistance for the prevention and to promote effective policing and prosecution re- ized by section 206 of the 2022 Act: Provided,
prosecution of violence against women, as au- sponses to domestic violence, dating violence, That the definitions and grant conditions in
thorized by the Omnibus Crime Control and Safe sexual assault, and stalking, including evalua- section 40002 of the 1994 Act shall apply to this
Streets Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the tion of the effectiveness of funded interventions initiative;
1968 Act’’); title II of the Civil Rights Act of 1968 (‘‘Policing and Prosecution Initiative’’); and (22) $2,000,000 is for a National Deaf Services
SSpencer on DSK126QN23PROD with HOUSE
(commonly known as the ‘‘Indian Civil Rights $1,000,000 is for an initiative to enhance pros- Line to provide remote services to Deaf victims
Act of 1968’’) (Public Law 90–284) (‘‘the Indian ecution and investigation of online abuse and of domestic violence, dating violence, sexual as-
Civil Rights Act’’); the Violent Crime Control harassment (‘‘Prosecution and Investigation of sault, and stalking: Provided, That the defini-
and Law Enforcement Act of 1994 (Public Law Online Abuse Initiative’’): Provided, That sub- tions and grant conditions in section 40002 of
103–322) (‘‘the 1994 Act’’); the Victims of Child sections (c) and (d) of section 2101 of the 1968 the 1994 Act shall apply to this service line;
Abuse Act of 1990 (Public Law 101–647) (‘‘the Act shall not apply to the Policing and Prosecu- (23) $5,000,000 is for grants for outreach and
1990 Act’’); the Prosecutorial Remedies and tion Initiative or the Prosecution and Investiga- services to underserved populations, as author-
Other Tools to end the Exploitation of Children tion of Online Abuse Initiative; ized by section 120 of the 2005 Act;
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10097
(24) $4,000,000 is for an initiative to provide fi- tims of Child Abuse Act of 1990 (Public Law 101– section 426 of Public Law 108–405, and for
nancial assistance to victims, including evalua- 647) (‘‘the 1990 Act’’); the Trafficking Victims grants for wrongful conviction review;
tion of the effectiveness of funded projects: Pro- Protection Reauthorization Act of 2005 (Public (I) $3,000,000 is for a national center on restor-
vided, That the definitions and grant conditions Law 109–164) (‘‘the TVPRA of 2005’’); the Vio- ative justice;
in section 40002 of the 1994 Act shall apply to lence Against Women and Department of Justice (J) $1,000,000 is for the purposes of the
this initiative; Reauthorization Act of 2005 (Public Law 109– Ashanti Alert Communications Network as au-
(25) $5,000,000 is for trauma-informed, victim- 162) (‘‘the 2005 Act’’); the Adam Walsh Child thorized under the Ashanti Alert Act of 2018
centered training for law enforcement, and re- Protection and Safety Act of 2006 (Public Law (Public Law 115–401);
lated research and evaluation activities, as au- 109–248) (‘‘the Adam Walsh Act’’); the Victims of (K) $3,500,000 is for a grant program to rep-
thorized by section 41701 of the 1994 Act; and Trafficking and Violence Protection Act of 2000 licate and support family-based alternative sen-
(26) $1,500,000 is for a pilot program to im- (Public Law 106–386) (‘‘the Victims of Traf- tencing programs;
prove victim services on college campuses. (L) $2,000,000 is for a grant program to sup-
ficking Act’’); the NICS Improvement Amend-
port child advocacy training in post-secondary
OFFICE OF JUSTICE PROGRAMS ments Act of 2007 (Public Law 110–180); subtitle
education;
RESEARCH, EVALUATION AND STATISTICS
C of title II of the Homeland Security Act of (M) $8,000,000 is for a rural violent crime ini-
2002 (Public Law 107–296) (‘‘the 2002 Act’’); the tiative, including assistance for law enforce-
For grants, contracts, cooperative agreements, Prison Rape Elimination Act of 2003 (Public
and other assistance authorized by title I of the ment;
Law 108–79) (‘‘PREA’’); the Second Chance Act (N) $6,000,000 is for grants authorized under
Omnibus Crime Control and Safe Streets Act of of 2007 (Public Law 110–199); the Prioritizing
1968 (‘‘the 1968 Act’’); the Violent Crime Control the Missing Persons and Unidentified Remains
Resources and Organization for Intellectual Act of 2019 (Public Law 116–277);
and Law Enforcement Act of 1994 (Public Law Property Act of 2008 (Public Law 110–403); the (O) $4,000,000 is for a drug data research cen-
103–322) (‘‘the 1994 Act’’); the Juvenile Justice Victims of Crime Act of 1984 (Public Law 98– ter to combat opioid abuse;
and Delinquency Prevention Act of 1974 (‘‘the 473); the Mentally Ill Offender Treatment and (P) $1,500,000 is for grants to accredited insti-
1974 Act’’); the Missing Children’s Assistance Crime Reduction Reauthorization and Improve- tutions of higher education to support forensic
Act (34 U.S.C. 11291 et seq.); the Prosecutorial ment Act of 2008 (Public Law 110–416); the Vio- ballistics programs;
Remedies and Other Tools to end the Exploi- lence Against Women Reauthorization Act of (Q) $229,551,000 is for discretionary grants to
tation of Children Today Act of 2003 (Public 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the improve the functioning of the criminal justice
Law 108–21) (‘‘the PROTECT Act’’); the Justice Comprehensive Addiction and Recovery Act of system, to prevent or combat juvenile delin-
for All Act of 2004 (Public Law 108–405); the Vio- 2016 (Public Law 114–198) (‘‘CARA’’); the Justice quency, and to assist victims of crime (other
lence Against Women and Department of Justice for All Reauthorization Act of 2016 (Public Law than compensation), which shall be used for the
Reauthorization Act of 2005 (Public Law 109– 114–324); Kevin and Avonte’s Law (division Q of projects, and in the amounts, specified under
162) (‘‘the 2005 Act’’); the Victims of Child Abuse Public Law 115–141) (‘‘Kevin and Avonte’s the heading, ‘‘Byrne Discretionary Community
Act of 1990 (Public Law 101–647); the Second Law’’); the Keep Young Athletes Safe Act of Project Grants/Byrne Discretionary Grants’’, in
Chance Act of 2007 (Public Law 110–199); the 2018 (title III of division S of Public Law 115– the explanatory statement described in section 4
Victims of Crime Act of 1984 (Public Law 98– 141) (‘‘the Keep Young Athletes Safe Act’’); the (in the matter preceding division A of this con-
473); the Adam Walsh Child Protection and STOP School Violence Act of 2018 (title V of di- solidated Act): Provided, That such amounts
Safety Act of 2006 (Public Law 109–248) (‘‘the vision S of Public Law 115–141) (‘‘the STOP may not be transferred for any other purpose;
Adam Walsh Act’’); the PROTECT Our Chil- School Violence Act’’); the Fix NICS Act of 2018 (R) $5,000,000 is for the purposes authorized
dren Act of 2008 (Public Law 110–401); subtitle C (title VI of division S of Public Law 115–141); under section 1506 of the 2022 Act;
of title II of the Homeland Security Act of 2002 (S) $5,000,000 is for a program to improve vir-
the Project Safe Neighborhoods Grant Program
(Public Law 107–296) (‘‘the 2002 Act’’); the Pris- tual training for law enforcement; and
Authorization Act of 2018 (Public Law 115–185);
on Rape Elimination Act of 2003 (Public Law (T) $7,000,000 is for programs for cybercrime
the SUPPORT for Patients and Communities enforcement, as authorized by sections 1401 and
108–79) (‘‘PREA’’); the NICS Improvement Act (Public Law 115–271); the Second Chance
Amendments Act of 2007 (Public Law 110–180); 1402 of the 2022 Act;
Reauthorization Act of 2018 (Public Law 115– (2) $234,000,000 for the State Criminal Alien
the Violence Against Women Reauthorization 391); the Matthew Shepard and James Byrd, Jr.
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); Assistance Program, as authorized by section
Hate Crimes Prevention Act (Public Law 111– 241(I)(5) of the Immigration and Nationality Act
the Comprehensive Addiction and Recovery Act 84); the Ashanti Alert Act of 2018 (Public Law
of 2016 (Public Law 114–198); the First Step Act (8 U.S.C. 1231(I)(5)): Provided, That no jurisdic-
115–401); the Missing Persons and Unidentified tion shall request compensation for any cost
of 2018 (Public Law 115–391); and other pro- Remains Act of 2019 (Public Law 116–277); the
grams, $77,000,000, to remain available until ex- greater than the actual cost for Federal immi-
Jabara-Heyer NO HATE Act (34 U.S.C. 30507); gration and other detainees housed in State and
pended, of which— the Violence Against Women Act Reauthoriza-
(1) $42,000,000 is for criminal justice statistics local detention facilities;
tion Act of 2022 (division W of Public Law 117– (3) $95,000,000 for victim services programs for
programs, and other activities, as authorized by 103 (‘‘the 2022 Act’’); and other programs, victims of trafficking, as authorized by section
part C of title I of the 1968 Act; and $2,416,805,000, to remain available until ex- 107(b)(2) of the Victims of Trafficking Act, by
(2) $35,000,000 is for research, development, pended as follows— the TVPRA of 2005, or programs authorized
and evaluation programs, and other activities as (1) $770,805,000 for the Edward Byrne Memo- under Public Law 113–4;
authorized by part B of title I of the 1968 Act rial Justice Assistance Grant program as author- (4) $13,000,000 for a grant program to prevent
and subtitle C of title II of the 2002 Act, and for ized by subpart 1 of part E of title I of the 1968 and address economic, high technology, white
activities authorized by or consistent with the Act (except that section 1001(c), and the special collar, and Internet crime, including as author-
First Step Act of 2018, of which $7,500,000 is for rules for Puerto Rico under section 505(g), of ized by section 401 of Public Law 110–403, of
research targeted toward developing a better un- title I of the 1968 Act shall not apply for pur- which not less than $2,500,000 is for intellectual
derstanding of the domestic radicalization phe- poses of this Act), of which, notwithstanding property enforcement grants including as au-
nomenon, and advancing evidence-based strate- such subpart 1— thorized by section 401, and $2,000,000 is for
gies for effective intervention and prevention; (A) $13,000,000 is for an Officer Robert Wilson grants to develop databases on Internet of
$1,000,000 is for research to study the root III memorial initiative on Preventing Violence Things device capabilities and to build and exe-
causes of school violence to include the impact Against Law Enforcement and Ensuring Officer cute training modules for law enforcement;
and effectiveness of grants made under the Resilience and Survivability (VALOR); (5) $20,000,000 for sex offender management
STOP School Violence Act of 2018 (title V of di- (B) $3,500,000 is for the operation, mainte- assistance, as authorized by the Adam Walsh
vision S of Public Law 115–141); $1,000,000 is for nance, and expansion of the National Missing Act, and related activities;
research on violence against American Indians and Unidentified Persons System; (6) $30,000,000 for the Patrick Leahy Bullet-
and Alaska Natives or otherwise affecting indig- (C) $10,000,000 is for a grant program for State proof Vest Partnership Grant Program, as au-
enous communities, in connection with extrac- and local law enforcement to provide officer thorized by section 2501 of title I of the 1968 Act:
tive industry activities; $1,000,000 is for research training on responding to individuals with men- Provided, That $1,500,000 shall be transferred
on gun violence prevention; $1,000,000 is for sur- tal illness or disabilities; directly to the National Institute of Standards
veys on the campus sexual assault climate; (D) $5,000,000 is for a student loan repayment and Technology’s Office of Law Enforcement
$1,200,000 is for a study on certain school-based assistance program pursuant to section 952 of Standards for research, testing, and evaluation
crimes; and $1,000,000 is for a study on law en- Public Law 110–315; programs;
forcement and community agency responses to (E) $15,500,000 is for prison rape prevention (7) $1,000,000 for the National Sex Offender
opioid overdoses. and prosecution grants to States and units of Public Website;
local government, and other programs, as au- (8) $95,000,000 for grants to States to upgrade
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
thorized by PREA; criminal and mental health records for the Na-
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(INCLUDING TRANSFER OF FUNDS) tional Instant Criminal Background Check Sys-
(F) $3,000,000 is for the Missing Americans
For grants, contracts, cooperative agreements, Alert Program (title XXIV of the 1994 Act), as tem, of which no less than $25,000,000 shall be
and other assistance authorized by the Violent amended by Kevin and Avonte’s Law; for grants made under the authorities of the
Crime Control and Law Enforcement Act of 1994 (G) $20,000,000 is for grants authorized under NICS Improvement Amendments Act of 2007
(Public Law 103–322) (‘‘the 1994 Act’’); the Om- the Project Safe Neighborhoods Grant Author- (Public Law 110–180) and Fix NICS Act of 2018;
nibus Crime Control and Safe Streets Act of 1968 ization Act of 2018 (Public Law 115–185); (9) $35,000,000 for Paul Coverdell Forensic
(Public Law 90–351) (‘‘the 1968 Act’’); the Justice (H) $13,000,000 is for the Capital Litigation Sciences Improvement Grants under part BB of
for All Act of 2004 (Public Law 108–405); the Vic- Improvement Grant Program, as authorized by title I of the 1968 Act;
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H10098 CONGRESSIONAL RECORD — HOUSE December 23, 2022
(10) $170,000,000 for DNA-related and forensic (16) $2,500,000 for a competitive grant program Provided, That of the amounts provided under
programs and activities, of which— authorized by the Keep Young Athletes Safe this paragraph, $500,000 shall be for a competi-
(A) $130,000,000 is for the purposes authorized Act; tive demonstration grant program to support
under section 2 of the DNA Analysis Backlog (17) $82,000,000 for grants to be administered emergency planning among State, local, and
Elimination Act of 2000 (Public Law 106–546) by the Bureau of Justice Assistance for purposes Tribal juvenile justice residential facilities;
(the Debbie Smith DNA Backlog Grant Pro- authorized under the STOP School Violence (2) $107,000,000 for youth mentoring grants;
gram): Provided, That up to 4 percent of funds Act; (3) $65,000,000 for delinquency prevention, of
made available under this paragraph may be (18) $3,500,000 for grants to State and local which, pursuant to sections 261 and 262 of the
used for the purposes described in the DNA law enforcement agencies for the expenses asso- 1974 Act—
Training and Education for Law Enforcement, ciated with the investigation and prosecution of (A) $5,000,000 shall be for grants to prevent
Correctional Personnel, and Court Officers pro- criminal offenses involving civil rights, author- trafficking of girls;
gram (Public Law 108–405, section 303); ized by the Emmett Till Unsolved Civil Rights (B) $17,000,000 shall be for the Tribal Youth
(B) $20,000,000 for other local, State, and Fed- Crimes Reauthorization Act of 2016 (Public Law Program;
eral forensic activities; 114–325); (C) $500,000 shall be for an Internet site pro-
(C) $15,000,000 is for the purposes described in (19) $25,000,000 for grants to State, local, and viding information and resources on children of
the Kirk Bloodsworth Post-Conviction DNA Tribal law enforcement agencies to conduct edu- incarcerated parents;
Testing Grant Program (Public Law 108–405, cational outreach and training on hate crimes (D) $5,500,000 shall be for competitive grants
section 412); and and to investigate and prosecute hate crimes, as focusing on girls in the juvenile justice system;
(D) $5,000,000 is for Sexual Assault Forensic authorized by section 4704 of the Matthew (E) $12,500,000 shall be for an initiative relat-
Exam Program grants, including as authorized Shepard and James Byrd, Jr. Hate Crimes Pre- ing to youth affected by opioids, stimulants, and
by section 304 of Public Law 108–405; vention Act (Public Law 111–84); substance use disorder;
(11) $55,000,000 for community-based grant (20) $10,000,000 for grants to support commu- (F) $10,000,000 shall be for an initiative relat-
programs to improve the response to sexual as- nity-based approaches to advancing justice and ing to children exposed to violence; and
sault, including assistance for investigation and reconciliation, facilitating dialogue between all (G) $2,000,000 shall be for grants to protect
prosecution of related cold cases; parties, building local capacity, de-escalating vulnerable and at-risk youth;
(12) $15,000,000 for the court-appointed special community tensions, and preventing hate crimes (4) $41,000,000 for programs authorized by the
advocate program, as authorized by section 217 through conflict resolution and community em- Victims of Child Abuse Act of 1990;
of the 1990 Act; powerment and education; (5) $105,000,000 for missing and exploited chil-
(13) $60,000,000 for assistance to Indian Tribes; (21) $10,000,000 for programs authorized under dren programs, including as authorized by sec-
(14) $125,000,000 for offender reentry programs the Jabara-Heyer NO HATE Act (34 U.S.C. tions 404(b) and 405(a) of the 1974 Act (except
and research, as authorized by the Second 30507); and that section 102(b)(4)(B) of the PROTECT Our
Chance Act of 2007 (Public Law 110–199) and by (22) $120,000,000 for initiatives to improve po- Children Act of 2008 (Public Law 110–401) shall
the Second Chance Reauthorization Act of 2018 lice-community relations, of which $35,000,000 is not apply for purposes of this Act);
(Public Law 115–391), without regard to the time for a competitive matching grant program for (6) $4,500,000 for child abuse training pro-
limitations specified at section 6(1) of such Act, purchases of body-worn cameras for State, local, grams for judicial personnel and practitioners,
of which not to exceed— and Tribal law enforcement; $35,000,000 is for a as authorized by section 222 of the 1990 Act; and
(A) $8,000,000 is for a program to improve justice reinvestment initiative, for activities re- (7) $2,500,000 for a program to improve juve-
State, local, and Tribal probation or parole su- lated to criminal justice reform and recidivism nile indigent defense:
pervision efforts and strategies; reduction; and $50,000,000 is for a community vi- Provided, That not more than 10 percent of each
(B) $5,000,000 is for children of incarcerated olence intervention and prevention initiative: amount may be used for research, evaluation,
parents demonstration programs to enhance and Provided, That, if a unit of local government and statistics activities designed to benefit the
maintain parental and family relationships for uses any of the funds made available under this programs or activities authorized: Provided fur-
incarcerated parents as a reentry or recidivism heading to increase the number of law enforce- ther, That not more than 2 percent of the
reduction strategy; ment officers, the unit of local government will amounts designated under paragraphs (1)
(C) $5,000,000 is for additional replication sites achieve a net gain in the number of law enforce- through (3) and (6) may be used for training
employing the Project HOPE Opportunity Pro- ment officers who perform non-administrative and technical assistance: Provided further, That
bation with Enforcement model implementing public sector safety service: Provided further, the two preceding provisos shall not apply to
swift and certain sanctions in probation, of That in the spending plan submitted pursuant grants and projects administered pursuant to
which no less than $500,000 shall be used for a to section 528 of this Act, the Office of Justice sections 261 and 262 of the 1974 Act and to miss-
project that provides training, technical assist- Programs shall specifically and explicitly iden- ing and exploited children programs.
ance, and best practices; and tify all changes in the administration of com- PUBLIC SAFETY OFFICER BENEFITS
(D) $10,000,000 is for a grant program for crisis petitive grant programs for fiscal year 2023, in- (INCLUDING TRANSFER OF FUNDS)
stabilization and community reentry, as author- cluding changes to applicant eligibility, priority
ized by the Crisis Stabilization and Community For payments and expenses authorized under
areas or weightings, and the application review
Reentry Act of 2020 (Public Law 116–281): section 1001(a)(4) of title I of the Omnibus Crime
process.
Provided, That up to $7,500,000 of funds made Control and Safe Streets Act of 1968, such sums
JUVENILE JUSTICE PROGRAMS as are necessary (including amounts for admin-
available in this paragraph may be used for per-
formance-based awards for Pay for Success For grants, contracts, cooperative agreements, istrative costs), to remain available until ex-
projects, of which up to $5,000,000 shall be for and other assistance authorized by the Juvenile pended; and $34,800,000 for payments authorized
Pay for Success programs implementing the Per- Justice and Delinquency Prevention Act of 1974 by section 1201(b) of such Act and for edu-
manent Supportive Housing Model and reentry (‘‘the 1974 Act’’); the Omnibus Crime Control cational assistance authorized by section 1218 of
housing; and Safe Streets Act of 1968 (‘‘the 1968 Act’’); such Act, to remain available until expended:
(15) $445,000,000 for comprehensive opioid use the Violence Against Women and Department of Provided, That notwithstanding section 205 of
reduction activities, including as authorized by Justice Reauthorization Act of 2005 (Public Law this Act, upon a determination by the Attorney
CARA, and for the following programs, which 109–162) (‘‘the 2005 Act’’); the Missing Children’s General that emergent circumstances require ad-
shall address opioid, stimulant, and substance Assistance Act (34 U.S.C. 11291 et seq.); the ditional funding for such disability and edu-
use disorders consistent with underlying pro- PROTECT Act (Public Law 108–21); the Victims cation payments, the Attorney General may
gram authorities, of which— of Child Abuse Act of 1990 (Public Law 101–647) transfer such amounts to ‘‘Public Safety Officer
(A) $95,000,000 is for Drug Courts, as author- (‘‘the 1990 Act’’); the Adam Walsh Child Protec- Benefits’’ from available appropriations for the
ized by section 1001(a)(25)(A) of title I of the tion and Safety Act of 2006 (Public Law 109–248) Department of Justice as may be necessary to re-
1968 Act; (‘‘the Adam Walsh Act’’); the PROTECT Our spond to such circumstances: Provided further,
(B) $45,000,000 is for mental health courts and Children Act of 2008 (Public Law 110–401); the That any transfer pursuant to the preceding
adult and juvenile collaboration program Violence Against Women Reauthorization Act of proviso shall be treated as a reprogramming
grants, as authorized by parts V and HH of title 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the under section 505 of this Act and shall not be
I of the 1968 Act, and the Mentally Ill Offender Justice for All Reauthorization Act of 2016 (Pub- available for obligation or expenditure except in
Treatment and Crime Reduction Reauthoriza- lic Law 114–324); the Missing Children’s Assist- compliance with the procedures set forth in that
tion and Improvement Act of 2008 (Public Law ance Act of 2018 (Public Law 115–267); the Juve- section.
110–416); nile Justice Reform Act of 2018 (Public Law 115– COMMUNITY ORIENTED POLICING SERVICES
(C) $45,000,000 is for grants for Residential 385); the Victims of Crime Act of 1984 (chapter
COMMUNITY ORIENTED POLICING SERVICES
Substance Abuse Treatment for State Prisoners, XIV of title II of Public Law 98–473) (‘‘the 1984
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PROGRAMS
as authorized by part S of title I of the 1968 Act; Act’’); the Comprehensive Addiction and Recov-
(D) $35,000,000 is for a veterans treatment ery Act of 2016 (Public Law 114–198); and other (INCLUDING TRANSFER OF FUNDS)
courts program; juvenile justice programs, $400,000,000, to remain For activities authorized by the Violent Crime
(E) $35,000,000 is for a program to monitor pre- available until expended as follows— Control and Law Enforcement Act of 1994 (Pub-
scription drugs and scheduled listed chemical (1) $75,000,000 for programs authorized by sec- lic Law 103–322); the Omnibus Crime Control
products; and tion 221 of the 1974 Act, and for training and and Safe Streets Act of 1968 (‘‘the 1968 Act’’);
(F) $190,000,000 is for a comprehensive opioid, technical assistance to assist small, nonprofit the Violence Against Women and Department of
stimulant, and substance use disorder program; organizations with the Federal grants process: Justice Reauthorization Act of 2005 (Public Law
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10099
109–162) (‘‘the 2005 Act’’); the American Law nity Projects/ COPS Law Enforcement Tech- trols and contractor oversight mechanisms in
Enforcement Heroes Act of 2017 (Public Law nology and Equipment’’, in the explanatory place, and that the program is compatible with
115–37); the Law Enforcement Mental Health statement described in section 4 (in the matter the enterprise architecture of the Department of
and Wellness Act (Public Law 115–113) (‘‘the preceding division A of this consolidated Act): Justice.
LEMHW Act’’); the SUPPORT for Patients and Provided, That such amounts may not be trans- SEC. 209. The notification thresholds and pro-
Communities Act (Public Law 115–271); and the ferred for any other purpose: Provided further, cedures set forth in section 505 of this Act shall
Supporting and Treating Officers In Crisis Act That grants funded by such amounts shall not apply to deviations from the amounts designated
of 2019 (Public Law 116–32) (‘‘the STOIC Act’’), be subject to section 1703 of title I of the 1968 Act for specific activities in this Act and in the ex-
$662,880,000, to remain available until expended: (34 U.S.C. 10383). planatory statement described in section 4 (in
Provided, That any balances made available GENERAL PROVISIONS—DEPARTMENT OF JUSTICE the matter preceding division A of this consoli-
through prior year deobligations shall only be dated Act), and to any use of deobligated bal-
(INCLUDING TRANSFER OF FUNDS)
available in accordance with section 505 of this ances of funds provided under this title in pre-
Act: Provided further, That of the amount pro- SEC. 201. In addition to amounts otherwise vious years.
vided under this heading— made available in this title for official reception SEC. 210. None of the funds appropriated by
(1) $324,000,000 is for grants under section 1701 and representation expenses, a total of not to this Act may be used to plan for, begin, con-
of title I of the 1968 Act (34 U.S.C. 10381) for the exceed $50,000 from funds appropriated to the tinue, finish, process, or approve a public-pri-
hiring and rehiring of additional career law en- Department of Justice in this title shall be avail- vate competition under the Office of Manage-
forcement officers under part Q of such title able to the Attorney General for official recep- ment and Budget Circular A–76 or any successor
notwithstanding subsection (i) of such section: tion and representation expenses. administrative regulation, directive, or policy
Provided, That, notwithstanding section 1704(c) SEC. 202. None of the funds appropriated by for work performed by employees of the Bureau
of such title (34 U.S.C. 10384(c)), funding for this title shall be available to pay for an abor- of Prisons or of Federal Prison Industries, In-
hiring or rehiring a career law enforcement offi- tion, except where the life of the mother would corporated.
cer may not exceed $125,000 unless the Director be endangered if the fetus were carried to term, SEC. 211. Notwithstanding any other provision
of the Office of Community Oriented Policing or in the case of rape or incest: Provided, That of law, no funds shall be available for the sal-
Services grants a waiver from this limitation: should this prohibition be declared unconstitu- ary, benefits, or expenses of any United States
Provided further, That of the amounts appro- tional by a court of competent jurisdiction, this Attorney assigned dual or additional respon-
priated under this paragraph, $34,000,000 is for section shall be null and void. sibilities by the Attorney General or his designee
improving Tribal law enforcement, including SEC. 203. None of the funds appropriated that exempt that United States Attorney from
hiring, equipment, training, anti-methamphet- under this title shall be used to require any per- the residency requirements of section 545 of title
amine activities, and anti-opioid activities: Pro- son to perform, or facilitate in any way the per- 28, United States Code.
vided further, That of the amounts appropriated formance of, any abortion. SEC. 212. At the discretion of the Attorney
under this paragraph, $44,000,000 is for regional SEC. 204. Nothing in the preceding section General, and in addition to any amounts that
information sharing activities, as authorized by shall remove the obligation of the Director of the otherwise may be available (or authorized to be
part M of title I of the 1968 Act, which shall be Bureau of Prisons to provide escort services nec- made available) by law, with respect to funds
transferred to and merged with ‘‘Research, essary for a female inmate to receive such serv- appropriated by this title under the headings
Evaluation, and Statistics’’ for administration ice outside the Federal facility: Provided, That ‘‘Research, Evaluation and Statistics’’, ‘‘State
by the Office of Justice Programs: Provided fur- nothing in this section in any way diminishes and Local Law Enforcement Assistance’’, and
ther, That of the amounts appropriated under the effect of section 203 intended to address the ‘‘Juvenile Justice Programs’’—
this paragraph, no less than $4,000,000 is to sup- philosophical beliefs of individual employees of (1) up to 2 percent of funds made available to
port the Tribal Access Program: Provided fur- the Bureau of Prisons. the Office of Justice Programs for grant or reim-
ther, That of the amounts appropriated under SEC. 205. Not to exceed 5 percent of any ap- bursement programs may be used by such Office
this paragraph, $10,000,000 is for training, peer propriation made available for the current fiscal to provide training and technical assistance;
mentoring, mental health program activities, year for the Department of Justice in this Act and
and other support services as authorized under may be transferred between such appropria- (2) up to 2 percent of funds made available for
the LEMHW Act and the STOIC Act: Provided tions, but no such appropriation, except as oth- grant or reimbursement programs under such
further, That of the amounts appropriated erwise specifically provided, shall be increased headings, except for amounts appropriated spe-
under this paragraph, $7,500,000 is for the col- by more than 10 percent by any such transfers: cifically for research, evaluation, or statistical
laborative reform model of technical assistance Provided, That any transfer pursuant to this programs administered by the National Institute
in furtherance of section 1701 of title I of the section shall be treated as a reprogramming of of Justice and the Bureau of Justice Statistics,
1968 Act (34 U.S.C. 10381); funds under section 505 of this Act and shall not shall be transferred to and merged with funds
(2) $12,000,000 is for activities authorized by be available for obligation except in compliance provided to the National Institute of Justice and
the POLICE Act of 2016 (Public Law 114–199); with the procedures set forth in that section: the Bureau of Justice Statistics, to be used by
(3) $16,000,000 is for competitive grants to Provided further, That this section shall not them for research, evaluation, or statistical pur-
State law enforcement agencies in States with apply to the following— poses, without regard to the authorizations for
high seizures of precursor chemicals, finished (1) paragraph 1(Q) under the heading ‘‘State such grant or reimbursement programs.
methamphetamine, laboratories, and laboratory and Local Law Enforcement Assistance’’; and This section shall not apply to paragraph 1(Q)
dump seizures: Provided, That funds appro- (2) paragraph (7) under the heading ‘‘Commu- under the heading ‘‘State and Local Law En-
priated under this paragraph shall be utilized nity Oriented Policing Services Programs’’. forcement Assistance’’.
for investigative purposes to locate or inves- SEC. 206. None of the funds made available SEC. 213. Upon request by a grantee for whom
tigate illicit activities, including precursor diver- under this title may be used by the Federal Bu- the Attorney General has determined there is a
sion, laboratories, or methamphetamine traf- reau of Prisons or the United States Marshals fiscal hardship, the Attorney General may, with
fickers; Service for the purpose of transporting an indi- respect to funds appropriated in this or any
(4) $35,000,000 is for competitive grants to vidual who is a prisoner pursuant to conviction other Act making appropriations for fiscal years
statewide law enforcement agencies in States for crime under State or Federal law and is clas- 2020 through 2023 for the following programs,
with high rates of primary treatment admissions sified as a maximum or high security prisoner, waive the following requirements:
for heroin and other opioids: Provided, That other than to a prison or other facility certified (1) For the adult and juvenile offender State
these funds shall be utilized for investigative by the Federal Bureau of Prisons as appro- and local reentry demonstration projects under
purposes to locate or investigate illicit activities, priately secure for housing such a prisoner. part FF of title I of the Omnibus Crime Control
including activities related to the distribution of SEC. 207. (a) None of the funds appropriated and Safe Streets Act of 1968 (34 U.S.C. 10631 et
heroin or unlawful distribution of prescription by this Act may be used by Federal prisons to seq.), the requirements under section 2976(g)(1)
opioids, or unlawful heroin and prescription purchase cable television services, or to rent or of such part (34 U.S.C. 10631(g)(1)).
opioid traffickers through statewide collabora- purchase audiovisual or electronic media or (2) For grants to protect inmates and safe-
tion; equipment used primarily for recreational pur- guard communities as authorized by section 6 of
(5) $53,000,000 is for competitive grants to be poses. the Prison Rape Elimination Act of 2003 (34
administered by the Community Oriented Polic- (b) Subsection (a) does not preclude the rent- U.S.C. 30305(c)(3)), the requirements of section
ing Services Office for purposes authorized al, maintenance, or purchase of audiovisual or 6(c)(3) of such Act.
under the STOP School Violence Act (title V of electronic media or equipment for inmate train- SEC. 214. Notwithstanding any other provision
division S of Public Law 115–141); ing, religious, or educational programs. of law, section 20109(a) of subtitle A of title II
(6) $45,000,000 is for community policing devel- SEC. 208. None of the funds made available of the Violent Crime Control and Law Enforce-
opment activities in furtherance of section 1701 under this title shall be obligated or expended ment Act of 1994 (34 U.S.C. 12109(a)) shall not
SSpencer on DSK126QN23PROD with HOUSE
of title I of the 1968 Act (34 U.S.C. 10381); and for any new or enhanced information tech- apply to amounts made available by this or any
(7) $177,880,000 is for a law enforcement tech- nology program having total estimated develop- other Act.
nologies and interoperable communications pro- ment costs in excess of $100,000,000, unless the SEC. 215. None of the funds made available
gram, and related law enforcement and public Deputy Attorney General and the investment re- under this Act, other than for the national in-
safety equipment, which shall be used for the view board certify to the Committees on Appro- stant criminal background check system estab-
projects, and in the amounts, specified under priations of the House of Representatives and lished under section 103 of the Brady Handgun
the heading, ‘‘Community Oriented Policing the Senate that the information technology pro- Violence Prevention Act (34 U.S.C. 40901), may
Services, Technology and Equipment Commu- gram has appropriate program management con- be used by a Federal law enforcement officer to
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H10100 CONGRESSIONAL RECORD — HOUSE December 23, 2022
facilitate the transfer of an operable firearm to section 3109 of title 5, United States Code, not to ministration shall provide a plan for the design
an individual if the Federal law enforcement of- exceed $2,250 for official reception and represen- of a flight demonstration.
ficer knows or suspects that the individual is an tation expenses, and rental of conference rooms EXPLORATION
agent of a drug cartel, unless law enforcement in the District of Columbia, $7,965,000. For necessary expenses, not otherwise pro-
personnel of the United States continuously NATIONAL SPACE COUNCIL vided for, in the conduct and support of Artemis
monitor or control the firearm at all times. Campaign Development activities, including re-
For necessary expenses of the National Space
SEC. 216. (a) None of the income retained in
Council, in carrying out the purposes of title V search, development, operations, support, and
the Department of Justice Working Capital
of Public Law 100–685 and Executive Order No. services; maintenance and repair, facility plan-
Fund pursuant to title I of Public Law 102–140
13803, hire of passenger motor vehicles, and ning and design; space flight, spacecraft con-
(105 Stat. 784; 28 U.S.C. 527 note) shall be avail-
services as authorized by section 3109 of title 5, trol, and communications activities; program
able for obligation during fiscal year 2023, ex-
United States Code, not to exceed $2,250 for offi- management; personnel and related costs, in-
cept up to $12,000,000 may be obligated for im-
cial reception and representation expenses, cluding uniforms or allowances therefor, as au-
plementation of a unified Department of Justice
$1,965,000: Provided, That notwithstanding any thorized by sections 5901 and 5902 of title 5,
financial management system.
other provision of law, the National Space United States Code; travel expenses; purchase
(b) Not to exceed $30,000,000 of the unobli-
Council may accept personnel support from Fed- and hire of passenger motor vehicles; and pur-
gated balances transferred to the capital ac-
eral agencies, departments, and offices, and chase, lease, charter, maintenance, and oper-
count of the Department of Justice Working
such Federal agencies, departments, and offices ation of mission and administrative aircraft,
Capital Fund pursuant to title I of Public Law
may detail staff without reimbursement to the $7,468,850,000, to remain available until Sep-
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
National Space Council for purposes provided tember 30, 2024: Provided, That not less than
be available for obligation in fiscal year 2023,
herein. $1,338,700,000 shall be for the Orion Multi-Pur-
and any use, obligation, transfer, or allocation
NATIONAL AERONAUTICS AND SPACE pose Crew Vehicle: Provided further, That not
of such funds shall be treated as a reprogram-
ADMINISTRATION less than $2,600,000,000 shall be for the Space
ming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess un- Launch System (SLS) launch vehicle, which
SCIENCE
obligated balances available under section shall have a lift capability not less than 130
For necessary expenses, not otherwise pro- metric tons and which shall have core elements
524(c)(8)(E) of title 28, United States Code, shall vided for, in the conduct and support of science
be available for obligation during fiscal year and an Exploration Upper Stage developed si-
research and development activities, including multaneously to be used to the maximum extent
2023, and any use, obligation, transfer or alloca- research, development, operations, support, and
tion of such funds shall be treated as a re- practicable, including for Earth to Moon mis-
services; maintenance and repair, facility plan- sions and Moon landings: Provided further,
programming of funds under section 505 of this ning and design; space flight, spacecraft con-
Act. That of the amounts provided for SLS, not less
trol, and communications activities; program than $600,000,000 shall be for SLS Block 1B de-
SEC. 217. Discretionary funds that are made
management; personnel and related costs, in- velopment including the Exploration Upper
available in this Act for the Office of Justice
cluding uniforms or allowances therefor, as au- Stage and associated systems including related
Programs may be used to participate in Perform-
thorized by sections 5901 and 5902 of title 5, facilitization, to support an SLS Block 1B mis-
ance Partnership Pilots authorized under such
United States Code; travel expenses; purchase sion available to launch in 2025 in addition to
authorities as have been enacted for Perform-
and hire of passenger motor vehicles; and pur- the planned Block 1 missions for Artemis I
ance Partnership Pilots in appropriations acts
chase, lease, charter, maintenance, and oper- through Artemis III: Provided further, That
in prior fiscal years and the current fiscal year.
ation of mission and administrative aircraft, $799,150,000 shall be for Exploration Ground
SEC. 218. The Attorney General shall submit to
$7,795,000,000, to remain available until Sep- Systems and associated Block 1B activities, in-
the Committees on Appropriations of the House
tember 30, 2024. cluding up to $281,350,000 for a second mobile
of Representatives and the Senate quarterly re-
ports on the Crime Victims Fund, the Working AERONAUTICS launch platform: Provided further, That the Na-
Capital Fund, the Three Percent Fund, and the For necessary expenses, not otherwise pro- tional Aeronautics and Space Administration
Asset Forfeiture Fund. Such quarterly reports vided for, in the conduct and support of aero- shall provide to the Committees on Appropria-
shall contain at least the same level of informa- nautics research and development activities, in- tions of the House of Representatives and the
tion and detail for each Fund as was provided cluding research, development, operations, sup- Senate, concurrent with the annual budget sub-
to the Committees on Appropriations of the port, and services; maintenance and repair, fa- mission, a 5-year budget profile for an inte-
House of Representatives and the Senate in fis- cility planning and design; space flight, space- grated system that includes the SLS, the Orion
cal year 2022. craft control, and communications activities; Multi-Purpose Crew Vehicle, and associated
SEC. 219. Section 3201 of Public Law 101–647, program management; personnel and related ground systems that will ensure a crewed
as amended (28 U.S.C. 509 note), is hereby costs, including uniforms or allowances there- launch as early as possible, as well as a system-
amended: (1) by striking ‘‘or the Immigration for, as authorized by sections 5901 and 5902 of based funding profile for a sustained launch ca-
and Naturalization Service’’ and inserting ‘‘the title 5, United States Code; travel expenses; pur- dence that contemplates the use of an SLS
Federal Prison System, the Bureau of Alcohol, chase and hire of passenger motor vehicles; and Block 1B cargo variant with an 8.4 meter fairing
Tobacco, Firearms and Explosives, or the United purchase, lease, charter, maintenance, and op- and associated ground systems: Provided fur-
States Marshals Service’’; and (2) by striking eration of mission and administrative aircraft, ther, That $2,600,300,000 shall be for Artemis
‘‘$25,000’’ and inserting ‘‘$50,000’’. $935,000,000, to remain available until September Campaign Development.
SEC. 220. None of the funds made available 30, 2024. SPACE OPERATIONS
under this Act may be used to conduct, contract SPACE TECHNOLOGY For necessary expenses, not otherwise pro-
for, or otherwise support, live tissue training, vided for, in the conduct and support of space
unless the Attorney General issues a written, For necessary expenses, not otherwise pro-
vided for, in the conduct and support of space operations research and development activities,
non-delegable determination that such training including research, development, operations,
is medically necessary and cannot be replicated technology research and development activities,
including research, development, operations, support and services; space flight, spacecraft
by alternatives. control, and communications activities, includ-
SEC. 221. (a) DESIGNATION.—The facilities of support, and services; maintenance and repair,
facility planning and design; space flight, ing operations, production, and services; main-
the Federal Bureau of Investigation at Redstone tenance and repair, facility planning and de-
Arsenal, Alabama, shall be known and des- spacecraft control, and communications activi-
ties; program management; personnel and re- sign; program management; personnel and re-
ignated as the ‘‘Richard Shelby Center for Inno- lated costs, including uniforms or allowances
vation and Advanced Training’’. lated costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 therefor, as authorized by sections 5901 and 5902
(b) REFERENCES.—Any reference in a law, of title 5, United States Code; travel expenses;
map, regulation, document, paper, or other of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; purchase and hire of passenger motor vehicles;
record of the United States to the facilities of and purchase, lease, charter, maintenance, and
the Federal Bureau of Investigation at Redstone and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, operation of mission and administrative aircraft,
Arsenal referred to in subsection (a) shall be $4,250,000,000, to remain available until Sep-
deemed to be a reference to the ‘‘Richard Shelby $1,200,000,000, to remain available until Sep-
tember 30, 2024: Provided, That $227,000,000 tember 30, 2024.
Center for Innovation and Advanced Training’’.
shall be for On-orbit Servicing, Assembly, and SCIENCE, TECHNOLOGY, ENGINEERING, AND
This title may be cited as the ‘‘Department of
Manufacturing 1: Provided further, That MATHEMATICS ENGAGEMENT
Justice Appropriations Act, 2023’’.
TITLE III $110,000,000 shall be for the development, pro- For necessary expenses, not otherwise pro-
duction, and demonstration of a nuclear ther- vided for, in the conduct and support of aero-
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SCIENCE mal propulsion system, of which not less than space and aeronautical education research and
OFFICE OF SCIENCE AND TECHNOLOGY POLICY $45,000,000 shall be for reactor development, not development activities, including research, de-
For necessary expenses of the Office of less than $45,000,000 shall be for fuel materials velopment, operations, support, and services;
Science and Technology Policy, in carrying out development, and not less than $20,000,000 shall program management; personnel and related
the purposes of the National Science and Tech- be for non-nuclear systems development and ac- costs, including uniforms or allowances there-
nology Policy, Organization, and Priorities Act quisition planning: Provided further, That, not for, as authorized by sections 5901 and 5902 of
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger later than 180 days after the enactment of this title 5, United States Code; travel expenses; pur-
motor vehicles, and services as authorized by Act, the National Aeronautics and Space Ad- chase and hire of passenger motor vehicles; and
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10101
purchase, lease, charter, maintenance, and op- Not to exceed 5 percent of any appropriation ty, Security and Mission Services’’ may be
eration of mission and administrative aircraft, made available for the current fiscal year for transferred to the Working Capital Fund of the
$143,500,000, to remain available until September the National Aeronautics and Space Adminis- National Aeronautics and Space Administra-
30, 2024, of which $26,000,000 shall be for the Es- tration in this Act may be transferred between tion. Balances so transferred shall be available
tablished Program to Stimulate Competitive Re- such appropriations, but no such appropriation, until expended only for activities described in
search and $58,000,000 shall be for the National except as otherwise specifically provided, shall section 30102(b)(3) of title 51, United States
Space Grant College and Fellowship Program. be increased by more than 10 percent by any Code, as amended by this Act, and shall remain
SAFETY, SECURITY AND MISSION SERVICES such transfers. Any funds transferred to ‘‘Con- available until expended. Any transfer pursuant
For necessary expenses, not otherwise pro- struction and Environmental Compliance and to this provision shall be treated as a reprogram-
vided for, in the conduct and support of science, Restoration’’ for construction activities shall ming of funds under section 505 of this Act and
aeronautics, space technology, exploration, not increase that account by more than 50 per- shall not be available for obligation except in
space operations and education research and cent and any funds transferred to or within compliance with the procedures set forth in that
development activities, including research, de- ‘‘Exploration’’ for Exploration Ground Systems section.
velopment, operations, support, and services; shall not increase Exploration Ground Systems NATIONAL SCIENCE FOUNDATION
maintenance and repair, facility planning and by more than $49,300,000. Balances so trans-
RESEARCH AND RELATED ACTIVITIES
design; space flight, spacecraft control, and ferred shall be merged with and available for
communications activities; program manage- the same purposes and the same time period as For necessary expenses in carrying out the
ment; personnel and related costs, including the appropriations to which transferred. Any National Science Foundation Act of 1950 (42
uniforms or allowances therefor, as authorized transfer pursuant to this provision shall be U.S.C. 1861 et seq.), and Public Law 86–209 (42
by sections 5901 and 5902 of title 5, United States treated as a reprogramming of funds under sec- U.S.C. 1880 et seq.); services as authorized by
Code; travel expenses; purchase and hire of pas- tion 505 of this Act and shall not be available section 3109 of title 5, United States Code; main-
senger motor vehicles; not to exceed $63,000 for for obligation except in compliance with the pro- tenance and operation of aircraft and purchase
official reception and representation expenses; cedures set forth in that section. of flight services for research support; acquisi-
and purchase, lease, charter, maintenance, and Not to exceed 5 percent of any appropriation tion of aircraft; and authorized travel;
operation of mission and administrative aircraft, provided for the National Aeronautics and $7,021,136,000, to remain available until Sep-
$3,129,451,000, to remain available until Sep- Space Administration under previous appropria- tember 30, 2024, of which not to exceed
tember 30, 2024: Provided, That if available bal- tions Acts that remains available for obligation $640,000,000 shall remain available until ex-
ances in the ‘‘Science, Space, and Technology or expenditure in fiscal year 2023 may be trans- pended for polar research and operations sup-
Education Trust Fund’’ are not sufficient to ferred between such appropriations, but no such port, and for reimbursement to other Federal
provide for the grant disbursements required appropriation, except as otherwise specifically agencies for operational and science support
under the third and fourth provisos under such provided, shall be increased by more than 10 and logistical and other related activities for the
heading in the Department of Housing and percent by any such transfers. Any transfer United States Antarctic program: Provided,
Urban Development-Independent Agencies Ap- pursuant to this provision shall retain its origi- That receipts for scientific support services and
propriations Act, 1989 (Public Law 100–404) as nal availability and shall be treated as a re- materials furnished by the National Research
amended by the Departments of Veterans Af- programming of funds under section 505 of this Centers and other National Science Foundation
fairs and Housing and Urban Development, and Act and shall not be available for obligation ex- supported research facilities may be credited to
Independent Agencies Appropriations Act, 1995 cept in compliance with the procedures set forth this appropriation.
(Public Law 103–327) up to $1,000,000 shall be in that section. MAJOR RESEARCH EQUIPMENT AND FACILITIES
available from amounts made available under The spending plan required by this Act shall CONSTRUCTION
this heading to make such grant disbursements: be provided by the National Aeronautics and
Space Administration at the theme, program, For necessary expenses for the acquisition,
Provided further, That of the amounts appro- construction, commissioning, and upgrading of
priated under this heading, $30,701,000 shall be project, and activity level. The spending plan,
as well as any subsequent change of an amount major research equipment, facilities, and other
used for the projects, and in the amounts, speci- such capital assets pursuant to the National
fied in the table under the heading ‘‘NASA Com- established in that spending plan that meets the
notification requirements of section 505 of this Science Foundation Act of 1950 (42 U.S.C. 1861
munity Projects/NASA Special Projects’’ in the et seq.), including authorized travel,
explanatory statement described in section 4 (in Act, shall be treated as a reprogramming under
section 505 of this Act and shall not be available $187,230,000, to remain available until expended.
the matter preceding division A of this consoli-
dated Act): Provided further, That the amounts for obligation or expenditure except in compli- STEM EDUCATION
made available for the projects referenced in the ance with the procedures set forth in that sec- For necessary expenses in carrying out
preceding proviso may not be transferred for tion. science, mathematics, and engineering edu-
Not more than 20 percent or $50,000,000, cation and human resources programs and ac-
any other purpose.
whichever is less, of the amounts made available tivities pursuant to the National Science Foun-
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE
in the current-year Construction and Environ- dation Act of 1950 (42 U.S.C. 1861 et seq.), in-
AND RESTORATION
mental Compliance and Restoration (CECR) ap- cluding services as authorized by section 3109 of
For necessary expenses for construction of fa- propriation may be applied to CECR projects
cilities including repair, rehabilitation, revital- title 5, United States Code, authorized travel,
funded under previous years’ CECR appropria- and rental of conference rooms in the District of
ization, and modification of facilities, construc- tions. Use of current-year funds under this pro-
tion of new facilities and additions to existing Columbia, $1,154,000,000, to remain available
vision shall be treated as a reprogramming of until September 30, 2024.
facilities, facility planning and design, and res- funds under section 505 of this act and shall not
toration, and acquisition or condemnation of be available for obligation except in compliance AGENCY OPERATIONS AND AWARD MANAGEMENT
real property, as authorized by law, and envi- with the procedures set forth in that section. For agency operations and award manage-
ronmental compliance and restoration, Of the amounts made available in this Act ment necessary in carrying out the National
$47,300,000, to remain available until September under the heading ‘‘Science, Technology, Engi- Science Foundation Act of 1950 (42 U.S.C. 1861
30, 2028: Provided, That proceeds from leases de- neering, and Mathematics Engagement’’ et seq.); services authorized by section 3109 of
posited into this account shall be available for a (‘‘STEM Engagement’’), up to $5,000,000 shall be title 5, United States Code; hire of passenger
period of 5 years to the extent and in amounts available to jointly fund, with an additional motor vehicles; uniforms or allowances therefor,
as provided in annual appropriations Acts: Pro- amount of up to $1,000,000 each from amounts as authorized by sections 5901 and 5902 of title
vided further, That such proceeds referred to in made available in this Act under the headings 5, United States Code; rental of conference
the preceding proviso shall be available for obli- ‘‘Science’’, ‘‘Aeronautics’’, ‘‘Space Tech- rooms in the District of Columbia; and reim-
gation for fiscal year 2023 in an amount not to nology’’, ‘‘Exploration’’, and ‘‘Space Oper- bursement of the Department of Homeland Secu-
exceed $25,000,000: Provided further, That each ations’’, projects and activities for engaging stu- rity for security guard services; $448,000,000:
annual budget request shall include an annual dents in STEM and increasing STEM research Provided, That not to exceed $8,280 is for official
estimate of gross receipts and collections and capacities of universities, including Minority reception and representation expenses: Provided
proposed use of all funds collected pursuant to Serving Institutions. further, That contracts may be entered into
section 20145 of title 51, United States Code. Section 30102(b) of title 51, United States under this heading in fiscal year 2023 for main-
OFFICE OF INSPECTOR GENERAL Code, is amended by: tenance and operation of facilities and for other
For necessary expenses of the Office of In- (1) Redesignating existing paragraph (3) to services to be provided during the next fiscal
spector General in carrying out the Inspector (4); and year.
General Act of 1978, $47,600,000, of which (2) Inserting, after paragraph (2), the fol-
OFFICE OF THE NATIONAL SCIENCE BOARD
lowing:
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$500,000 shall remain available until September
‘‘(3) INFORMATION TECHNOLOGY (IT) MOD- For necessary expenses (including payment of
30, 2024.
ERNIZATION.—The fund shall also be available salaries, authorized travel, hire of passenger
ADMINISTRATIVE PROVISIONS motor vehicles, the rental of conference rooms in
for the purpose of funding IT Modernization ac-
(INCLUDING TRANSFERS OF FUNDS) tivities, as described in section 1077(b)(3)(A)–(E) the District of Columbia, and the employment of
Funds for any announced prize otherwise au- of Public Law 115–91, on a non-reimbursable experts and consultants under section 3109 of
thorized shall remain available, without fiscal basis.’’. title 5, United States Code) involved in carrying
year limitation, until a prize is claimed or the Not to exceed $18,162,000 made available for out section 4 of the National Science Founda-
offer is withdrawn. the current fiscal year in this Act within ‘‘Safe- tion Act of 1950 (42 U.S.C. 1863) and Public Law
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H10102 CONGRESSIONAL RECORD — HOUSE December 23, 2022
86–209 (42 U.S.C. 1880 et seq.), $5,090,000: Pro- $2,000,000 shall be used to separately fund the ject to the same terms and conditions set forth
vided, That not to exceed $2,500 shall be avail- Commission on the Social Status of Black Men in such sections, except that all references in
able for official reception and representation ex- and Boys. sections 502 and 503 to 1997 and 1998 shall be
penses. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION deemed to refer instead to 2022 and 2023, respec-
OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES
tively.
For necessary expenses of the Office of In- For necessary expenses of the Equal Employ- MARINE MAMMAL COMMISSION
spector General as authorized by the Inspector ment Opportunity Commission as authorized by SALARIES AND EXPENSES
General Act of 1978, $23,393,000, of which title VII of the Civil Rights Act of 1964, the Age For necessary expenses of the Marine Mam-
$400,000 shall remain available until September Discrimination in Employment Act of 1967, the mal Commission as authorized by title II of the
30, 2024. Equal Pay Act of 1963, the Americans with Dis- Marine Mammal Protection Act of 1972 (16
ADMINISTRATIVE PROVISIONS abilities Act of 1990, section 501 of the Rehabili- U.S.C. 1361 et seq.), $4,500,000.
(INCLUDING TRANSFERS OF FUNDS) tation Act of 1973, the Civil Rights Act of 1991, OFFICE OF THE UNITED STATES TRADE
the Genetic Information Nondiscrimination Act REPRESENTATIVE
Not to exceed 5 percent of any appropriation
(GINA) of 2008 (Public Law 110–233), the ADA SALARIES AND EXPENSES
made available for the current fiscal year for
Amendments Act of 2008 (Public Law 110–325),
the National Science Foundation in this Act For necessary expenses of the Office of the
and the Lilly Ledbetter Fair Pay Act of 2009
may be transferred between such appropria- United States Trade Representative, including
(Public Law 111–2), including services as au-
tions, but no such appropriation shall be in- the hire of passenger motor vehicles and the em-
thorized by section 3109 of title 5, United States
creased by more than 10 percent by any such ployment of experts and consultants as author-
Code; hire of passenger motor vehicles as au-
transfers. Any transfer pursuant to this para- ized by section 3109 of title 5, United States
thorized by section 1343(b) of title 31, United
graph shall be treated as a reprogramming of Code, $61,000,000, of which $1,000,000 shall re-
States Code; nonmonetary awards to private
funds under section 505 of this Act and shall not main available until expended: Provided, That
citizens; and up to $31,500,000 for payments to
be available for obligation except in compliance of the total amount made available under this
State and local enforcement agencies for author-
with the procedures set forth in that section. heading, not to exceed $124,000 shall be avail-
ized services to the Commission, $455,000,000:
The Director of the National Science Founda- able for official reception and representation ex-
Provided, That the Commission is authorized to
tion (NSF) shall notify the Committees on Ap- penses.
make available for official reception and rep-
propriations of the House of Representatives TRADE ENFORCEMENT TRUST FUND
resentation expenses not to exceed $2,250 from
and the Senate at least 30 days in advance of
available funds: Provided further, That the (INCLUDING TRANSFER OF FUNDS)
any planned divestment through transfer, de-
Commission may take no action to implement For activities of the United States Trade Rep-
commissioning, termination, or deconstruction
any workforce repositioning, restructuring, or resentative authorized by section 611 of the
of any NSF-owned facilities or any NSF capital
reorganization until such time as the Commit- Trade Facilitation and Trade Enforcement Act
assets (including land, structures, and equip-
tees on Appropriations of the House of Rep- of 2015 (19 U.S.C. 4405), including transfers,
ment) valued greater than $2,500,000.
resentatives and the Senate have been notified $15,000,000, to be derived from the Trade En-
There is hereby established in the Treasury of
of such proposals, in accordance with the re- forcement Trust Fund: Provided, That any
the United States a fund to be known as the
programming requirements of section 505 of this transfer pursuant to subsection (d)(1) of such
‘‘National Science Foundation Nonrecurring Ex-
Act: Provided further, That the Chair may ac- section shall be treated as a reprogramming
penses Fund’’ (the Fund). Unobligated balances
cept and use any gift or donation to carry out under section 505 of this Act.
of expired discretionary funds appropriated for
the work of the Commission. STATE JUSTICE INSTITUTE
this or any succeeding fiscal year from the Gen-
eral Fund of the Treasury to the National INTERNATIONAL TRADE COMMISSION SALARIES AND EXPENSES
Science Foundation by this or any other Act SALARIES AND EXPENSES
For necessary expenses of the State Justice In-
may be transferred (not later than the end of For necessary expenses of the International stitute, as authorized by the State Justice Insti-
the fifth fiscal year after the last fiscal year for Trade Commission, including hire of passenger tute Act of 1984 (42 U.S.C. 10701 et seq.)
which such funds are available for the purposes motor vehicles and services as authorized by sec- $7,640,000, of which $500,000 shall remain avail-
for which appropriated) into the Fund. tion 3109 of title 5, United States Code, and not able until September 30, 2024: Provided, That
Amounts deposited in the Fund shall be avail- to exceed $2,250 for official reception and rep- not to exceed $2,250 shall be available for offi-
able until expended, and in addition to such resentation expenses, $122,400,000, to remain cial reception and representation expenses: Pro-
other funds as may be available for such pur- available until expended. vided further, That, for the purposes of section
poses, for information and business technology LEGAL SERVICES CORPORATION 505 of this Act, the State Justice Institute shall
system modernization and facilities infrastruc- be considered an agency of the United States
PAYMENT TO THE LEGAL SERVICES CORPORATION
ture improvements, including nonrecurring Government.
maintenance, necessary for the operation of the For payment to the Legal Services Corpora-
tion to carry out the purposes of the Legal Serv- TITLE V
Foundation or its funded research facilities,
subject to approval by the Office of Manage- ices Corporation Act of 1974, $560,000,000, of GENERAL PROVISIONS
ment and Budget. Amounts in the Fund may be which $516,100,000 is for basic field programs (INCLUDING RESCISSIONS)
obligated only after the Committees on Appro- and required independent audits; $5,700,000 is (INCLUDING TRANSFER OF FUNDS)
priations of the House of Representatives and for the Office of Inspector General, of which
such amounts as may be necessary may be used SEC. 501. No part of any appropriation con-
the Senate are notified at least 15 days in ad- tained in this Act shall be used for publicity or
vance of the planned use of funds. to conduct additional audits of recipients;
$26,200,000 is for management and grants over- propaganda purposes not authorized by the
This title may be cited as the ‘‘Science Appro- Congress.
priations Act, 2023’’. sight; $5,000,000 is for client self-help and infor-
SEC. 502. No part of any appropriation con-
mation technology; $5,000,000 is for a Pro Bono
TITLE IV tained in this Act shall remain available for ob-
Innovation Fund; and $2,000,000 is for loan re-
RELATED AGENCIES ligation beyond the current fiscal year unless
payment assistance: Provided, That the Legal
COMMISSION ON CIVIL RIGHTS expressly so provided herein.
Services Corporation may continue to provide
SEC. 503. The expenditure of any appropria-
SALARIES AND EXPENSES locality pay to officers and employees at a rate
tion under this Act for any consulting service
For necessary expenses of the Commission on no greater than that provided by the Federal
through procurement contract, pursuant to sec-
Civil Rights, including hire of passenger motor Government to Washington, DC-based employ-
tion 3109 of title 5, United States Code, shall be
vehicles, $14,350,000: Provided, That none of the ees as authorized by section 5304 of title 5,
limited to those contracts where such expendi-
funds appropriated in this paragraph may be United States Code, notwithstanding section
tures are a matter of public record and available
used to employ any individuals under Schedule 1005(d) of the Legal Services Corporation Act (42
for public inspection, except where otherwise
C of subpart C of part 213 of title 5 of the Code U.S.C. 2996d(d)): Provided further, That the au-
provided under existing law, or under existing
of Federal Regulations exclusive of one special thorities provided in section 205 of this Act shall
Executive order issued pursuant to existing law.
assistant for each Commissioner: Provided fur- be applicable to the Legal Services Corporation:
SEC. 504. If any provision of this Act or the
ther, That none of the funds appropriated in Provided further, That, for the purposes of sec-
application of such provision to any person or
this paragraph shall be used to reimburse Com- tion 505 of this Act, the Legal Services Corpora-
circumstances shall be held invalid, the remain-
missioners for more than 75 billable days, with tion shall be considered an agency of the United
der of the Act and the application of each provi-
the exception of the chairperson, who is per- States Government.
sion to persons or circumstances other than
mitted 125 billable days: Provided further, That ADMINISTRATIVE PROVISION—LEGAL SERVICES those as to which it is held invalid shall not be
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the Chair may accept and use any gift or dona- CORPORATION affected thereby.
tion to carry out the work of the Commission: None of the funds appropriated in this Act to SEC. 505. None of the funds provided under
Provided further, That none of the funds appro- the Legal Services Corporation shall be ex- this Act, or provided under previous appropria-
priated in this paragraph shall be used for any pended for any purpose prohibited or limited by, tions Acts to the agencies funded by this Act
activity or expense that is not explicitly author- or contrary to any of the provisions of, sections that remain available for obligation or expendi-
ized by section 3 of the Civil Rights Commission 501, 502, 503, 504, 505, and 506 of Public Law ture in fiscal year 2023, or provided from any ac-
Act of 1983 (42 U.S.C. 1975a): Provided further, 105–119, and all funds appropriated in this Act counts in the Treasury of the United States de-
That notwithstanding the preceding proviso, to the Legal Services Corporation shall be sub- rived by the collection of fees available to the
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10103
agencies funded by this Act, shall be available ther, That for the Department of Commerce, this Ethics, determines that a uniform set of rules
for obligation or expenditure through a re- section shall also apply to actions taken for the and requirements, substantially similar to the
programming of funds that: (1) creates or initi- care and protection of loan collateral or grant requirements in such subsections, consistently
ates a new program, project, or activity; (2) property. apply under the executive branch ethics pro-
eliminates a program, project, or activity; (3) in- SEC. 509. None of the funds provided by this gram to all Federal departments, agencies, and
creases funds or personnel by any means for Act shall be available to promote the sale or ex- entities.
any project or activity for which funds have port of tobacco or tobacco products, or to seek SEC. 514. (a) None of the funds appropriated
been denied or restricted; (4) relocates an office the reduction or removal by any foreign country or otherwise made available under this Act may
or employees; (5) reorganizes or renames offices, of restrictions on the marketing of tobacco or to- be used by the Departments of Commerce and
programs, or activities; (6) contracts out or bacco products, except for restrictions which are Justice, the National Aeronautics and Space Ad-
privatizes any functions or activities presently not applied equally to all tobacco or tobacco ministration, or the National Science Founda-
performed by Federal employees; (7) augments products of the same type. tion to acquire a high-impact or moderate-im-
existing programs, projects, or activities in ex- SEC. 510. Notwithstanding any other provision pact information system, as defined for security
cess of $500,000 or 10 percent, whichever is less, of law, amounts deposited or available in the categorization in the National Institute of
or reduces by 10 percent funding for any pro- Fund established by section 1402 of chapter XIV Standards and Technology’s (NIST) Federal In-
gram, project, or activity, or numbers of per- of title II of Public Law 98–473 (34 U.S.C. 20101) formation Processing Standard Publication 199,
sonnel by 10 percent; or (8) results from any in any fiscal year in excess of $1,900,000,000 ‘‘Standards for Security Categorization of Fed-
general savings, including savings from a reduc- shall not be available for obligation until the eral Information and Information Systems’’ un-
tion in personnel, which would result in a following fiscal year: Provided, That notwith- less the agency has—
change in existing programs, projects, or activi- standing section 1402(d) of such Act, of the (1) reviewed the supply chain risk for the in-
ties as approved by Congress; unless the House amounts available from the Fund for obligation: formation systems against criteria developed by
and Senate Committees on Appropriations are (1) $10,000,000 shall be transferred to the De- NIST and the Federal Bureau of Investigation
notified 15 days in advance of such reprogram- partment of Justice Office of Inspector General (FBI) to inform acquisition decisions for high-
ming of funds. and remain available until expended for over- impact and moderate-impact information sys-
SEC. 506. (a) If it has been finally determined sight and auditing purposes associated with this tems within the Federal Government;
by a court or Federal agency that any person section; and (2) 5 percent shall be available to (2) reviewed the supply chain risk from the
intentionally affixed a label bearing a ‘‘Made in the Office for Victims of Crime for grants, con- presumptive awardee against available and rel-
America’’ inscription, or any inscription with sistent with the requirements of the Victims of evant threat information provided by the FBI
the same meaning, to any product sold in or Crime Act, to Indian Tribes to improve services and other appropriate agencies; and
(3) in consultation with the FBI or other ap-
shipped to the United States that is not made in for victims of crime.
SEC. 511. None of the funds made available to propriate Federal entity, conducted an assess-
the United States, the person shall be ineligible
the Department of Justice in this Act may be ment of any risk of cyber-espionage or sabotage
to receive any contract or subcontract made
used to discriminate against or denigrate the re- associated with the acquisition of such system,
with funds made available in this Act, pursuant
ligious or moral beliefs of students who partici- including any risk associated with such system
to the debarment, suspension, and ineligibility
pate in programs for which financial assistance being produced, manufactured, or assembled by
procedures described in sections 9.400 through
is provided from those funds, or of the parents one or more entities identified by the United
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect or legal guardians of such students. States Government as posing a cyber threat, in-
to authorized purchases of promotional items, SEC. 512. None of the funds made available in cluding but not limited to, those that may be
funds made available by this Act shall be used this Act may be transferred to any department, owned, directed, or subsidized by the People’s
to purchase items that are manufactured, pro- agency, or instrumentality of the United States Republic of China, the Islamic Republic of Iran,
duced, or assembled in the United States, its ter- Government, except pursuant to a transfer made the Democratic People’s Republic of Korea, or
ritories or possessions. by, or transfer authority provided in, this Act or the Russian Federation.
(2) The term ‘‘promotional items’’ has the (b) None of the funds appropriated or other-
any other appropriations Act.
meaning given the term in OMB Circular A–87, SEC. 513. (a) The Inspectors General of the De- wise made available under this Act may be used
Attachment B, Item (1)(f)(3). partment of Commerce, the Department of Jus- to acquire a high-impact or moderate-impact in-
SEC. 507. (a) The Departments of Commerce tice, the National Aeronautics and Space Ad- formation system reviewed and assessed under
and Justice, the National Science Foundation, ministration, the National Science Foundation, subsection (a) unless the head of the assessing
and the National Aeronautics and Space Ad- and the Legal Services Corporation shall con- entity described in subsection (a) has—
ministration shall provide to the Committees on (1) developed, in consultation with NIST, the
duct audits, pursuant to the Inspector General
Appropriations of the House of Representatives FBI, and supply chain risk management ex-
Act (5 U.S.C. App.), of grants or contracts for
and the Senate a quarterly report on the status perts, a mitigation strategy for any identified
which funds are appropriated by this Act, and
of balances of appropriations at the account risks;
shall submit reports to Congress on the progress (2) determined, in consultation with NIST and
level. For unobligated, uncommitted balances of such audits, which may include preliminary the FBI, that the acquisition of such system is
and unobligated, committed balances the quar- findings and a description of areas of particular in the national interest of the United States;
terly reports shall separately identify the interest, within 180 days after initiating such an and
amounts attributable to each source year of ap- audit and every 180 days thereafter until any (3) reported that determination to the Commit-
propriation from which the balances were de- such audit is completed. tees on Appropriations of the House of Rep-
rived. For balances that are obligated, but unex- (b) Within 60 days after the date on which an resentatives and the Senate and the agency In-
pended, the quarterly reports shall separately audit described in subsection (a) by an Inspector spector General.
identify amounts by the year of obligation. General is completed, the Secretary, Attorney SEC. 515. None of the funds made available in
(b) The report described in subsection (a) shall General, Administrator, Director, or President, this Act shall be used in any way whatsoever to
be submitted within 30 days of the end of each as appropriate, shall make the results of the support or justify the use of torture by any offi-
quarter. audit available to the public on the Internet cial or contract employee of the United States
(c) If a department or agency is unable to ful- website maintained by the Department, Admin- Government.
fill any aspect of a reporting requirement de- istration, Foundation, or Corporation, respec- SEC. 516. None of the funds made available in
scribed in subsection (a) due to a limitation of a tively. The results shall be made available in re- this Act may be used to include in any new bi-
current accounting system, the department or dacted form to exclude— lateral or multilateral trade agreement the text
agency shall fulfill such aspect to the maximum (1) any matter described in section 552(b) of of—
extent practicable under such accounting system title 5, United States Code; and (1) paragraph 2 of article 16.7 of the United
and shall identify and describe in each quar- (2) sensitive personal information for any in- States–Singapore Free Trade Agreement;
terly report the extent to which such aspect is dividual, the public access to which could be (2) paragraph 4 of article 17.9 of the United
not fulfilled. used to commit identity theft or for other inap- States–Australia Free Trade Agreement; or
SEC. 508. Any costs incurred by a department propriate or unlawful purposes. (3) paragraph 4 of article 15.9 of the United
or agency funded under this Act resulting from, (c) Any person awarded a grant or contract States–Morocco Free Trade Agreement.
or to prevent, personnel actions taken in re- funded by amounts appropriated by this Act SEC. 517. None of the funds made available in
sponse to funding reductions included in this shall submit a statement to the Secretary of this Act may be used to authorize or issue a na-
Act shall be absorbed within the total budgetary Commerce, the Attorney General, the Adminis- tional security letter in contravention of any of
resources available to such department or agen- trator, Director, or President, as appropriate, the following laws authorizing the Federal Bu-
cy: Provided, That the authority to transfer certifying that no funds derived from the grant reau of Investigation to issue national security
funds between appropriations accounts as may or contract will be made available through a letters: The Right to Financial Privacy Act of
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be necessary to carry out this section is provided subcontract or in any other manner to another 1978; The Electronic Communications Privacy
in addition to authorities included elsewhere in person who has a financial interest in the per- Act of 1986; The Fair Credit Reporting Act; The
this Act: Provided further, That use of funds to son awarded the grant or contract. National Security Act of 1947; USA PATRIOT
carry out this section shall be treated as a re- (d) The provisions of the preceding sub- Act; USA FREEDOM Act of 2015; and the laws
programming of funds under section 505 of this sections of this section shall take effect 30 days amended by these Acts.
Act and shall not be available for obligation or after the date on which the Director of the Of- SEC. 518. If at any time during any quarter,
expenditure except in compliance with the pro- fice of Management and Budget, in consultation the program manager of a project within the ju-
cedures set forth in that section: Provided fur- with the Director of the Office of Government risdiction of the Departments of Commerce or
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H10104 CONGRESSIONAL RECORD — HOUSE December 23, 2022
Justice, the National Aeronautics and Space Ad- (1) ‘‘Working Capital Fund’’, $705,768,000; and develop, design, plan, promulgate, implement, or
ministration, or the National Science Founda- (2) ‘‘Legal Activities, Assets Forfeiture Fund’’, execute a bilateral policy, program, order, or
tion totaling more than $75,000,000 has reason- $500,000,000. contract of any kind to participate, collaborate,
able cause to believe that the total program cost (e) The Departments of Commerce and Justice or coordinate bilaterally in any way with China
has increased by 10 percent or more, the pro- shall submit to the Committees on Appropria- or any Chinese-owned company unless such ac-
gram manager shall immediately inform the re- tions of the House of Representatives and the tivities are specifically authorized by a law en-
spective Secretary, Administrator, or Director. Senate a report no later than September 1, 2023, acted after the date of enactment of this Act.
The Secretary, Administrator, or Director shall specifying the amount of each rescission made (b) None of the funds made available by this
notify the House and Senate Committees on Ap- pursuant to subsections (a), (b), (c) and (d). Act may be used to effectuate the hosting of of-
propriations within 30 days in writing of such (f) The amounts rescinded in subsections (a), ficial Chinese visitors at facilities belonging to
increase, and shall include in such notice: the (b), (c) and (d) shall not be from amounts that or utilized by NASA.
date on which such determination was made; a were designated by the Congress as an emer- (c) The limitations described in subsections (a)
statement of the reasons for such increases; the gency or disaster relief requirement pursuant to and (b) shall not apply to activities which
action taken and proposed to be taken to control the concurrent resolution on the budget or the NASA, OSTP, or NSC, after consultation with
future cost growth of the project; changes made Balanced Budget and Emergency Deficit Con- the Federal Bureau of Investigation, have cer-
in the performance or schedule milestones and trol Act of 1985. tified—
the degree to which such changes have contrib- (g) The amounts rescinded pursuant to sub- (1) pose no risk of resulting in the transfer of
uted to the increase in total program costs or sections (c) and (d) shall not be from— technology, data, or other information with na-
procurement costs; new estimates of the total (1) amounts provided under subparagraph (Q) tional security or economic security implications
project or procurement costs; and a statement of paragraph (1) under the heading ‘‘State and to China or a Chinese-owned company; and
validating that the project’s management struc- Local Law Enforcement Activities—Office of (2) will not involve knowing interactions with
ture is adequate to control total project or pro- Justice Programs—State and Local Law En- officials who have been determined by the
curement costs. forcement Assistance’’ in title II of division B of United States to have direct involvement with
SEC. 519. Funds appropriated by this Act, or Public Law 117–103; or violations of human rights.
made available by the transfer of funds in this (2) amounts provided under paragraph (7) (d) Any certification made under subsection
Act, for intelligence or intelligence related ac- under the heading ‘‘State and Local Law En- (c) shall be submitted to the Committees on Ap-
tivities are deemed to be specifically authorized forcement Activities—Community Oriented Po- propriations of the House of Representatives
by the Congress for purposes of section 504 of licing Services—Community Oriented Policing and the Senate, and the Federal Bureau of In-
the National Security Act of 1947 (50 U.S.C. Services Programs’’ in title II of division B of vestigation, no later than 30 days prior to the
3094) during fiscal year 2023 until the enactment Public Law 117–103. activity in question and shall include a descrip-
of the Intelligence Authorization Act for fiscal SEC. 522. None of the funds made available in tion of the purpose of the activity, its agenda,
year 2023. this Act may be used to purchase first class or its major participants, and its location and tim-
SEC. 520. None of the funds appropriated or premium airline travel in contravention of sec- ing.
otherwise made available by this Act may be tions 301–10.122 through 301–10.124 of title 41 of SEC. 527. (a) None of the funds made available
used to enter into a contract in an amount the Code of Federal Regulations. in this Act may be used to maintain or establish
greater than $5,000,000 or to award a grant in SEC. 523. None of the funds made available in a computer network unless such network blocks
excess of such amount unless the prospective this Act may be used to send or otherwise pay the viewing, downloading, and exchanging of
contractor or grantee certifies in writing to the for the attendance of more than 50 employees pornography.
from a Federal department or agency, who are (b) Nothing in subsection (a) shall limit the
agency awarding the contract or grant that, to
stationed in the United States, at any single use of funds necessary for any Federal, State,
the best of its knowledge and belief, the con-
conference occurring outside the United States Tribal, or local law enforcement agency or any
tractor or grantee has filed all Federal tax re-
unless— other entity carrying out criminal investiga-
turns required during the three years preceding
(1) such conference is a law enforcement tions, prosecution, adjudication, or other law
the certification, has not been convicted of a
training or operational conference for law en- enforcement- or victim assistance-related activ-
criminal offense under the Internal Revenue
forcement personnel and the majority of Federal ity.
Code of 1986, and has not, more than 90 days
employees in attendance are law enforcement SEC. 528. The Departments of Commerce and
prior to certification, been notified of any un-
personnel stationed outside the United States; or Justice, the National Aeronautics and Space Ad-
paid Federal tax assessment for which the liabil-
(2) such conference is a scientific conference ministration, the National Science Foundation,
ity remains unsatisfied, unless the assessment is
and the department or agency head determines the Commission on Civil Rights, the Equal Em-
the subject of an installment agreement or offer
that such attendance is in the national interest ployment Opportunity Commission, the Inter-
in compromise that has been approved by the
and notifies the Committees on Appropriations national Trade Commission, the Legal Services
Internal Revenue Service and is not in default,
of the House of Representatives and the Senate Corporation, the Marine Mammal Commission,
or the assessment is the subject of a non-frivo-
within at least 15 days of that determination the Offices of Science and Technology Policy
lous administrative or judicial proceeding.
and the basis for that determination. and the United States Trade Representative, the
(RESCISSIONS) SEC. 524. The Director of the Office of Man- National Space Council, and the State Justice
SEC. 521. (a) Of the unobligated balances in agement and Budget shall instruct any depart- Institute shall submit spending plans, signed by
the ‘‘Nonrecurring Expenses Fund’’ established ment, agency, or instrumentality of the United the respective department or agency head, to the
in section 111(a) of division B of Public Law States receiving funds appropriated under this Committees on Appropriations of the House of
116–93, $50,000,000 are hereby permanently re- Act to track undisbursed balances in expired Representatives and the Senate not later than
scinded not later than September 30, 2023. grant accounts and include in its annual per- 45 days after the date of enactment of this Act.
(b) Of the unobligated balances from prior formance plan and performance and account- SEC. 529. Notwithstanding any other provision
year appropriations available to the Department ability reports the following: of this Act, none of the funds appropriated or
of Commerce under the heading ‘‘Economic De- (1) Details on future action the department, otherwise made available by this Act may be
velopment Administration, Economic Develop- agency, or instrumentality will take to resolve used to pay award or incentive fees for con-
ment Assistance Programs’’, $10,000,000 are undisbursed balances in expired grant accounts. tractor performance that has been judged to be
hereby permanently rescinded, not later than (2) The method that the department, agency, below satisfactory performance or for perform-
September 30, 2023. or instrumentality uses to track undisbursed ance that does not meet the basic requirements
(c) Of the unobligated balances from prior balances in expired grant accounts. of a contract.
year appropriations available to the Department (3) Identification of undisbursed balances in SEC. 530. None of the funds made available by
of Justice, the following funds are hereby per- expired grant accounts that may be returned to this Act may be used in contravention of section
manently rescinded, not later than September the Treasury of the United States. 7606 (‘‘Legitimacy of Industrial Hemp Re-
30, 2023, from the following accounts in the (4) In the preceding 3 fiscal years, details on search’’) of the Agricultural Act of 2014 (Public
specified amounts— the total number of expired grant accounts with Law 113–79) by the Department of Justice or the
(1) ‘‘State and Local Law Enforcement Activi- undisbursed balances (on the first day of each Drug Enforcement Administration.
ties, Office on Violence Against Women, Vio- fiscal year) for the department, agency, or in- SEC. 531. None of the funds made available
lence Against Women Prevention and Prosecu- strumentality and the total finances that have under this Act to the Department of Justice may
tion Programs’’, $15,000,000; not been obligated to a specific project remain- be used, with respect to any of the States of Ala-
(2) ‘‘State and Local Law Enforcement Activi- ing in the accounts. bama, Alaska, Arizona, Arkansas, California,
ties, Office of Justice Programs’’, $75,000,000; SEC. 525. To the extent practicable, funds Colorado, Connecticut, Delaware, Florida, Geor-
and made available in this Act should be used to gia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
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(3) ‘‘State and Local Law Enforcement Activi- purchase light bulbs that are ‘‘Energy Star’’ Louisiana, Maine, Maryland, Massachusetts,
ties, Community Oriented Policing Services’’, qualified or have the ‘‘Federal Energy Manage- Michigan, Minnesota, Mississippi, Missouri,
$15,000,000. ment Program’’ designation. Montana, Nevada, New Hampshire, New Jersey,
(d) Of the unobligated balances available to SEC. 526. (a) None of the funds made available New Mexico, New York, North Carolina, North
the Department of Justice, the following funds by this Act may be used for the National Aero- Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
are hereby permanently rescinded, not later nautics and Space Administration (NASA), the vania, Rhode Island, South Carolina, South Da-
than September 30, 2023, from the following ac- Office of Science and Technology Policy kota, Tennessee, Texas, Utah, Vermont, Vir-
counts in the specified amounts— (OSTP), or the National Space Council (NSC) to ginia, Washington, West Virginia, Wisconsin,
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10105
and Wyoming, or with respect to the District of sion of such articles has and continues to take heading in Public Law 116–113 shall be deemed
Columbia, the Commonwealth of the Northern place for use in international terrorism or in the to refer instead to ‘‘2024’’.
Mariana Islands, the United States Virgin Is- escalation of a conflict in another nation. The (b) The remaining unobligated balances of
lands, Guam, or Puerto Rico, to prevent any of President shall terminate the requirements of a funds as of September 30, 2023, from amounts
them from implementing their own laws that au- license when reasons for the temporary require- made available to ‘‘Office of the United States
thorize the use, distribution, possession, or cul- ments have ceased. Trade Representative—Trade Enforcement Trust
tivation of medical marijuana. SEC. 535. Notwithstanding any other provision Fund’’ in title IX of the United States-Mexico-
SEC. 532. The Department of Commerce, the of law, no department, agency, or instrumen- Canada Agreement Implementation Act (Public
National Aeronautics and Space Administra- tality of the United States receiving appro- Law 116–113), are hereby rescinded, and an
tion, and the National Science Foundation shall priated funds under this Act or any other Act amount of additional new budget authority
provide a quarterly report to the Committees on shall obligate or expend in any way such funds equivalent to the amount rescinded pursuant to
Appropriations of the House of Representatives to pay administrative expenses or the compensa- this subsection is hereby appropriated on Sep-
and the Senate on any official travel to China tion of any officer or employee of the United tember 30, 2023, for an additional amount for
by any employee of such Department or agency, States to deny any application submitted pursu- fiscal year 2023, to remain available until Sep-
including the purpose of such travel. ant to 22 U.S.C. 2778(b)(1)(B) and qualified pur- tember 30, 2024, and shall be available for the
SEC. 533. Of the amounts made available by suant to 27 CFR section 478.112 or .113, for a same purposes, in addition to other funds as
this Act, not less than 10 percent of each total permit to import United States origin ‘‘curios or may be available for such purposes, and under
amount provided, respectively, for Public Works relics’’ firearms, parts, or ammunition. the same authorities for which the funds were
grants authorized by the Public Works and Eco- SEC. 536. None of the funds made available by originally provided in Public Law 116–113, ex-
nomic Development Act of 1965 and grants au- this Act may be used to pay the salaries or ex- cept that the reference to ‘‘2023’’ under such
thorized by section 27 of the Stevenson-Wydler penses of personnel to deny, or fail to act on, an heading in Public Law 116–113 shall be deemed
Technology Innovation Act of 1980 (15 U.S.C. application for the importation of any model of to refer instead to ‘‘2024’’.
3722) shall be allocated for assistance in per- shotgun if— (c) The amounts rescinded pursuant to this
sistent poverty counties: Provided, That for pur- (1) all other requirements of law with respect section that were previously designated by the
poses of this section, the term ‘‘persistent pov- to the proposed importation are met; and Congress as an emergency requirement pursuant
erty counties’’ means any county that has had (2) no application for the importation of such to section 251(b)(2)(A)(i) of the Balanced Budget
20 percent or more of its population living in model of shotgun, in the same configuration, and Emergency Deficit Control Act of 1985 are
poverty over the past 30 years, as measured by had been denied by the Attorney General prior designated by the Congress as an emergency re-
the 1993 Small Area Income and Poverty Esti- to January 1, 2011, on the basis that the shot- quirement pursuant to section 4001(a)(1) of S.
mates, the 2000 decennial census, and the most gun was not particularly suitable for or readily Con. Res. 14 (117th Congress), the concurrent
recent Small Area Income and Poverty Esti- adaptable to sporting purposes. resolution on the budget for fiscal year 2022,
mates, or any Territory or possession of the SEC. 537. None of the funds made available by and section 1(e) of H. Res. 1151 (117th Congress),
United States. this Act may be obligated or expended to imple- as engrossed in the House of Representatives on
SEC. 534. (a) Notwithstanding any other provi- ment the Arms Trade Treaty until the Senate June 8, 2022.
sion of law or treaty, none of the funds appro- approves a resolution of ratification for the (d) Each amount provided by this section is
priated or otherwise made available under this Treaty. designated by the Congress as being for an
Act or any other Act may be expended or obli- SEC. 538. None of the funds appropriated or
emergency requirement pursuant to section
gated by a department, agency, or instrumen- otherwise made available in this or any other
4001(a)(1) of S. Con. Res. 14 (117th Congress),
tality of the United States to pay administrative Act may be used to transfer, release, or assist in
the concurrent resolution on the budget for fis-
expenses or to compensate an officer or em- the transfer or release to or within the United
cal year 2022, and section 1(e) of H. Res. 1151
ployee of the United States in connection with States, its territories, or possessions Khalid
(117th Congress), as engrossed in the House of
requiring an export license for the export to Sheikh Mohammed or any other detainee who—
Representatives on June 8, 2022.
Canada of components, parts, accessories or at- (1) is not a United States citizen or a member
SEC. 541. Funds made available to the Depart-
tachments for firearms listed in Category I, sec- of the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at ment of Commerce and under the heading ‘‘De-
tion 121.1 of title 22, Code of Federal Regula- partment of Justice—Federal Bureau of Inves-
tions (International Trafficking in Arms Regu- the United States Naval Station, Guantanamo
Bay, Cuba, by the Department of Defense. tigation—Salaries and Expenses’’ in this Act
lations (ITAR), part 121, as it existed on April 1, and any remaining unobligated balances of
2005) with a total value not exceeding $500 SEC. 539. (a) None of the funds appropriated
or otherwise made available in this or any other funds made available to the Department of Com-
wholesale in any transaction, provided that the merce and under the heading ‘‘Department of
conditions of subsection (b) of this section are Act may be used to construct, acquire, or modify
any facility in the United States, its territories, Justice—Federal Bureau of Investigation—Sala-
met by the exporting party for such articles. ries and Expenses’’ in prior year Acts, other
(b) The foregoing exemption from obtaining or possessions to house any individual described
in subsection (c) for the purposes of detention or than amounts designated by the Congress as
an export license—
imprisonment in the custody or under the effec- being for an emergency requirement pursuant to
(1) does not exempt an exporter from filing
tive control of the Department of Defense. a concurrent resolution on the budget or the
any Shipper’s Export Declaration or notification
(b) The prohibition in subsection (a) shall not Balanced Budget and Emergency Deficit Con-
letter required by law, or from being otherwise
apply to any modification of facilities at United trol Act of 1985, shall be available to provide
eligible under the laws of the United States to
States Naval Station, Guantanamo Bay, Cuba. payments pursuant to section 901(i)(2) of title IX
possess, ship, transport, or export the articles
(c) An individual described in this subsection of division J of the Further Consolidated Appro-
enumerated in subsection (a); and
(2) does not permit the export without a li- is any individual who, as of June 24, 2009, is lo- priations Act, 2020 (22 U.S.C. 2680b(i)(2)): Pro-
cense of— cated at United States Naval Station, Guanta- vided, That payments made pursuant to the
(A) fully automatic firearms and components namo Bay, Cuba, and who— matter preceding this proviso may not exceed
and parts for such firearms, other than for end (1) is not a citizen of the United States or a $5,000,000 for the Department of Commerce and
use by the Federal Government, or a Provincial member of the Armed Forces of the United $5,000,000 for the Federal Bureau of Investiga-
or Municipal Government of Canada; States; and tion.
(B) barrels, cylinders, receivers (frames) or (2) is— SEC. 542. (a) None of the funds in this Act
complete breech mechanisms for any firearm (A) in the custody or under the effective con- may be used for design or construction of the
listed in Category I, other than for end use by trol of the Department of Defense; or Mobile Launcher 2 until 30 days after the Ad-
the Federal Government, or a Provincial or Mu- (B) otherwise under detention at United ministrator of the National Aeronautics and
nicipal Government of Canada; or States Naval Station, Guantanamo Bay, Cuba. Space Administration (the ‘‘Administrator’’)
(C) articles for export from Canada to another SEC. 540. (a) The remaining unobligated bal- submits a plan to the Committees on Appropria-
foreign destination. ances of funds as of September 30, 2023, from tions of the House of Representatives and the
(c) In accordance with this section, the Dis- amounts made available to ‘‘Office of the United Senate (the ‘‘Committees’’), the Government Ac-
trict Directors of Customs and postmasters shall States Trade Representative—Salaries and Ex- countability Office, and the Office of Inspector
permit the permanent or temporary export with- penses’’ in title IX of the United States-Mexico- General of the National Aeronautics and Space
out a license of any unclassified articles speci- Canada Agreement Implementation Act (Public Administration detailing a cost and schedule
fied in subsection (a) to Canada for end use in Law 116–113), are hereby rescinded, and an baseline for the Mobile Launcher 2. Such plan
Canada or return to the United States, or tem- amount of additional new budget authority shall include each of the requirements described
porary import of Canadian-origin items from equivalent to the amount rescinded pursuant to in subsection (c)(2) of section 30104 of title 51,
Canada for end use in the United States or re- this subsection is hereby appropriated on Sep- United States Code, as well as an estimated date
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turn to Canada for a Canadian citizen. tember 30, 2023, for an additional amount for for completion of design and construction of the
(d) The President may require export licenses fiscal year 2023, to remain available until Sep- Mobile Launcher 2.
under this section on a temporary basis if the tember 30, 2024, and shall be available for the (b) Not later than 90 days after the submission
President determines, upon publication first in same purposes, in addition to other funds as of the plan described in subsection (a), and
the Federal Register, that the Government of may be available for such purposes, and under every 90 days thereafter, the Administrator shall
Canada has implemented or maintained inad- the same authorities for which the funds were report to the Committees, the Government Ac-
equate import controls for the articles specified originally provided in Public Law 116–113, ex- countability Office, and the Office of Inspector
in subsection (a), such that a significant diver- cept that all references to ‘‘2023’’ under such General of the National Aeronautics and Space
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H10106 CONGRESSIONAL RECORD — HOUSE December 23, 2022
Administration on steps taken to implement section 102(a)(2) and section 102(d)(2) of the MILITARY PERSONNEL, SPACE FORCE
such plan. CHIPS Act of 2022 for fiscal year 2024. For pay, allowances, individual clothing, sub-
SEC. 543. (a)(1) Within 45 days of enactment of (e) The Department of Commerce and the Na- sistence, interest on deposits, gratuities, perma-
this Act, the Secretary of Commerce shall allo- tional Science Foundation, as appropriate, shall nent change of station travel (including all ex-
cate amounts made available from the Creating each provide the Committees on Appropriations penses thereof for organizational movements),
Helpful Incentives to Produce Semiconductors of the House of Representatives and Senate and expenses of temporary duty travel between
(CHIPS) for America Fund for fiscal year 2023 quarterly reports on the status of balances of permanent duty stations, for members of the
pursuant to paragraphs (1) and (2) of section projects and activities funded by the CHIPS for Space Force on active duty and cadets; for mem-
102(a) of the CHIPS Act of 2022 (division A of America Fund for amounts allocated pursuant bers of the Reserve Officers’ Training Corps;
Public Law 117–167), including the transfer au- to subsection (a)(1) of this section, the status of and for payments pursuant to section 156 of
thority in such paragraphs of that section of balances of projects and activities funded by the Public Law 97–377, as amended (42 U.S.C. 402
that Act, to the accounts specified, in the Public Wireless Supply Chain Innovation Fund note), and to the Department of Defense Mili-
amounts specified, and for the projects and ac- for amounts allocated pursuant to subsection tary Retirement Fund, $1,109,400,000.
tivities specified, in the table titled ‘‘Department (a)(2) of this section, and the status of balances RESERVE PERSONNEL, ARMY
of Commerce Allocation of National Institute of of projects and activities funded by the CHIPS
Standards and Technology Funds: CHIPS Act For pay, allowances, clothing, subsistence,
for America Workforce and Education Fund for
Fiscal Year 2023’’ in the explanatory statement gratuities, travel, and related expenses for per-
amounts allocated pursuant to subsection (a)(3)
described in section 4 (in the matter preceding sonnel of the Army Reserve on active duty
of this section, including all uncommitted, com-
division A of this consolidated Act). under sections 10211, 10302, and 7038 of title 10,
mitted, and unobligated funds.
(2) Within 45 days of enactment of this Act, United States Code, or while serving on active
This division may be cited as the ‘‘Commerce,
the Secretary of Commerce shall allocate duty under section 12301(d) of title 10, United
Justice, Science, and Related Agencies Appro-
amounts made available from the Public Wire- States Code, in connection with performing duty
priations Act, 2023’’.
less Supply Chain Innovation Fund for fiscal specified in section 12310(a) of title 10, United
year 2023 pursuant to section 106 of the CHIPS DIVISION C—DEPARTMENT OF DEFENSE States Code, or while undergoing reserve train-
Act of 2022 (division A of Public Law 117–167), APPROPRIATIONS ACT, 2023 ing, or while performing drills or equivalent
including the transfer authority in section TITLE I duty or other duty, and expenses authorized by
106(b)(2) of that Act, to the accounts specified, MILITARY PERSONNEL section 16131 of title 10, United States Code; and
in the amounts specified, and for the projects for payments to the Department of Defense Mili-
MILITARY PERSONNEL, ARMY tary Retirement Fund, $5,212,834,000.
and activities specified, in the table titled ‘‘De-
partment of Commerce Allocation of National For pay, allowances, individual clothing, sub- RESERVE PERSONNEL, NAVY
Telecommunications and Information Adminis- sistence, interest on deposits, gratuities, perma-
For pay, allowances, clothing, subsistence,
tration Funds: CHIPS Act Fiscal Year 2023’’ in nent change of station travel (including all ex-
gratuities, travel, and related expenses for per-
the explanatory statement described in section 4 penses thereof for organizational movements),
sonnel of the Navy Reserve on active duty under
(in the matter preceding division A of this con- and expenses of temporary duty travel between
section 10211 of title 10, United States Code, or
solidated Act). permanent duty stations, for members of the
while serving on active duty under section
(3) Within 45 days of enactment of this Act, Army on active duty (except members of reserve
12301(d) of title 10, United States Code, in con-
the Director of the National Science Foundation components provided for elsewhere), cadets, and
nection with performing duty specified in sec-
shall allocate amounts made available from the aviation cadets; for members of the Reserve Offi-
tion 12310(a) of title 10, United States Code, or
Creating Helpful Incentives to Produce Semi- cers’ Training Corps; and for payments pursu-
while undergoing reserve training, or while per-
conductors (CHIPS) for America Workforce and ant to section 156 of Public Law 97–377, as
forming drills or equivalent duty, and expenses
Education Fund for fiscal year 2023 pursuant to amended (42 U.S.C. 402 note), and to the De-
authorized by section 16131 of title 10, United
section 102(d)(1) of the CHIPS Act of 2022 (divi- partment of Defense Military Retirement Fund,
States Code; and for payments to the Depart-
sion A of Public Law 117–167), to the account $49,628,305,000.
ment of Defense Military Retirement Fund,
specified, in the amounts specified, and for the MILITARY PERSONNEL, NAVY $2,400,831,000.
projects and activities specified in the table ti- For pay, allowances, individual clothing, sub- RESERVE PERSONNEL, MARINE CORPS
tled ‘‘National Science Foundation Allocation of sistence, interest on deposits, gratuities, perma-
Funds: CHIPS Act Fiscal Year 2023’’ in the ex- For pay, allowances, clothing, subsistence,
nent change of station travel (including all ex- gratuities, travel, and related expenses for per-
planatory statement described in section 4 (in penses thereof for organizational movements),
the matter preceding division A of this consoli- sonnel of the Marine Corps Reserve on active
and expenses of temporary duty travel between duty under section 10211 of title 10, United
dated Act). permanent duty stations, for members of the
(b) Neither the President nor his designee may States Code, or while serving on active duty
Navy on active duty (except members of the Re- under section 12301(d) of title 10, United States
allocate any amounts that are made available
serve provided for elsewhere), midshipmen, and Code, in connection with performing duty speci-
for any fiscal year under section 102(a)(2)(A) of
aviation cadets; for members of the Reserve Offi- fied in section 12310(a) of title 10, United States
the CHIPS Act of 2022 or under section 102(d)(2)
cers’ Training Corps; and for payments pursu- Code, or while undergoing reserve training, or
of such Act if there is in effect an Act making
ant to section 156 of Public Law 97–377, as while performing drills or equivalent duty, and
or continuing appropriations for part of a fiscal
amended (42 U.S.C. 402 note), and to the De- for members of the Marine Corps platoon leaders
year for the Departments of Commerce and Jus-
partment of Defense Military Retirement Fund, class, and expenses authorized by section 16131
tice, Science, and Related Agencies: Provided,
$36,706,395,000. of title 10, United States Code; and for payments
That in any fiscal year, the matter preceding
this proviso shall not apply to the allocation, MILITARY PERSONNEL, MARINE CORPS to the Department of Defense Military Retire-
apportionment, or allotment of amounts for con- For pay, allowances, individual clothing, sub- ment Fund, $826,712,000.
tinuing administration of programs allocated sistence, interest on deposits, gratuities, perma- RESERVE PERSONNEL, AIR FORCE
funds from the CHIPS for America Fund, which nent change of station travel (including all ex- For pay, allowances, clothing, subsistence,
may be allocated only in amounts that are no penses thereof for organizational movements), gratuities, travel, and related expenses for per-
more than the allocation for such purposes in and expenses of temporary duty travel between sonnel of the Air Force Reserve on active duty
subsection (a) of this section. permanent duty stations, for members of the under sections 10211, 10305, and 8038 of title 10,
(c) Subject to prior consultation with, and the Marine Corps on active duty (except members of United States Code, or while serving on active
regular notification procedures of, the Commit- the Reserve provided for elsewhere); and for duty under section 12301(d) of title 10, United
tees on Appropriations of the House of Rep- payments pursuant to section 156 of Public Law States Code, in connection with performing duty
resentatives and the Senate, and subject to the 97–377, as amended (42 U.S.C. 402 note), and to specified in section 12310(a) of title 10, United
terms and conditions in section 505 of this Act— the Department of Defense Military Retirement States Code, or while undergoing reserve train-
(1) the Secretary of Commerce may reallocate Fund, $15,050,088,000. ing, or while performing drills or equivalent
funds allocated to Industrial Technology Serv- duty or other duty, and expenses authorized by
MILITARY PERSONNEL, AIR FORCE
ices for section 9906 of Public Law 116–283 by section 16131 of title 10, United States Code; and
subsection (a)(1) of this section; and For pay, allowances, individual clothing, sub-
sistence, interest on deposits, gratuities, perma- for payments to the Department of Defense Mili-
(2) the Director of the National Science Foun-
nent change of station travel (including all ex- tary Retirement Fund, $2,457,519,000.
dation may reallocate funds allocated to the
CHIPS for America Workforce and Education penses thereof for organizational movements), NATIONAL GUARD PERSONNEL, ARMY
Fund by subsection (a)(3) of this section. and expenses of temporary duty travel between For pay, allowances, clothing, subsistence,
(d) Concurrent with the annual budget sub- permanent duty stations, for members of the Air gratuities, travel, and related expenses for per-
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mission of the President for fiscal year 2024, the Force on active duty (except members of reserve sonnel of the Army National Guard while on
Secretary of Commerce and the Director of the components provided for elsewhere), cadets, and duty under sections 10211, 10302, or 12402 of title
National Science Foundation, as appropriate, aviation cadets; for members of the Reserve Offi- 10 or section 708 of title 32, United States Code,
shall each submit to the Committees on Appro- cers’ Training Corps; and for payments pursu- or while serving on duty under section 12301(d)
priations of the House of Representatives and ant to section 156 of Public Law 97–377, as of title 10 or section 502(f) of title 32, United
the Senate proposed allocations by account and amended (42 U.S.C. 402 note), and to the De- States Code, in connection with performing duty
by program, project, or activity, with detailed partment of Defense Military Retirement Fund, specified in section 12310(a) of title 10, United
justifications, for amounts made available under $35,427,788,000. States Code, or while undergoing training, or
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10107
while performing drills or equivalent duty or That of the funds provided under this heading, of Iraq and other entities, to carry out assist-
other duty, and expenses authorized by section not less than $55,000,000 shall be made available ance authorized under this heading: Provided
16131 of title 10, United States Code; and for for the Procurement Technical Assistance Coop- further, That contributions of funds for the pur-
payments to the Department of Defense Military erative Agreement Program, of which not less poses provided herein from any foreign govern-
Retirement Fund, $9,232,554,000. than $5,000,000 shall be available for centers de- ment or other entity may be credited to this
NATIONAL GUARD PERSONNEL, AIR FORCE fined in 10 U.S.C. 2411(1)(D): Provided further, Fund, to remain available until expended, and
That none of the funds appropriated or other- used for such purposes: Provided further, That
For pay, allowances, clothing, subsistence,
wise made available by this Act may be used to the Secretary of Defense shall prioritize such
gratuities, travel, and related expenses for per-
plan or implement the consolidation of a budget contributions when providing any assistance for
sonnel of the Air National Guard on duty under
or appropriations liaison office of the Office of construction for facility fortification: Provided
sections 10211, 10305, or 12402 of title 10 or sec-
the Secretary of Defense, the office of the Sec- further, That the Secretary of Defense may
tion 708 of title 32, United States Code, or while
retary of a military department, or the service waive a provision of law relating to the acquisi-
serving on duty under section 12301(d) of title 10
headquarters of one of the Armed Forces into a tion of items and support services or sections 40
or section 502(f) of title 32, United States Code,
legislative affairs or legislative liaison office: and 40A of the Arms Export Control Act (22
in connection with performing duty specified in
Provided further, That $49,071,000 to remain U.S.C. 2780 and 2785) if the Secretary determines
section 12310(a) of title 10, United States Code,
available until expended, is available only for that such provision of law would prohibit, re-
or while undergoing training, or while per-
expenses relating to certain classified activities, strict, delay or otherwise limit the provision of
forming drills or equivalent duty or other duty,
and may be transferred as necessary by the Sec- such assistance and a notice of and justification
and expenses authorized by section 16131 of title
retary of Defense to operation and maintenance for such waiver is submitted to the congressional
10, United States Code; and for payments to the
appropriations or research, development, test defense committees, the Committees on Appro-
Department of Defense Military Retirement
and evaluation appropriations, to be merged priations and Foreign Relations of the Senate
Fund, $4,913,538,000.
with and to be available for the same time pe- and the Committees on Appropriations and For-
TITLE II riod as the appropriations to which transferred: eign Affairs of the House of Representatives:
OPERATION AND MAINTENANCE Provided further, That any ceiling on the in- Provided further, That the United States may
OPERATION AND MAINTENANCE, ARMY vestment item unit cost of items that may be accept equipment procured using funds provided
purchased with operation and maintenance under this heading, or under the heading, ‘‘Iraq
For expenses, not otherwise provided for, nec-
funds shall not apply to the funds described in Train and Equip Fund’’ in prior Acts, that was
essary for the operation and maintenance of the
the preceding proviso: Provided further, That of transferred to security forces, irregular forces,
Army, as authorized by law, $59,015,977,000:
the funds provided under this heading, or groups participating, or preparing to partici-
Provided, That not to exceed $12,478,000 may be
$2,467,009,000, of which $1,510,260,000, to remain pate in activities to counter the Islamic State of
used for emergencies and extraordinary ex-
available until September 30, 2024, shall be Iraq and Syria and returned by such forces or
penses, to be expended upon the approval or au-
available to provide support and assistance to groups to the United States, and such equip-
thority of the Secretary of the Army, and pay-
foreign security forces or other groups or indi- ment may be treated as stocks of the Department
ments may be made upon the Secretary’s certifi-
viduals to conduct, support or facilitate of Defense upon written notification to the con-
cate of necessity for confidential military pur-
counterterrorism, crisis response, or other De- gressional defense committees: Provided further,
poses.
partment of Defense security cooperation pro- That equipment procured using funds provided
OPERATION AND MAINTENANCE, NAVY grams: Provided further, That the Secretary of under this heading, or under the heading, ‘‘Iraq
For expenses, not otherwise provided for, nec- Defense shall provide quarterly reports to the Train and Equip Fund’’ in prior Acts, and not
essary for the operation and maintenance of the Committees on Appropriations of the House of yet transferred to security forces, irregular
Navy and the Marine Corps, as authorized by Representatives and the Senate on the use and forces, or groups participating, or preparing to
law, $68,260,046,000: Provided, That not to ex- status of funds made available in this para- participate in activities to counter the Islamic
ceed $15,055,000 may be used for emergencies graph: Provided further, That the transfer au- State of Iraq and Syria may be treated as stocks
and extraordinary expenses, to be expended thority provided under this heading is in addi- of the Department of Defense when determined
upon the approval or authority of the Secretary tion to any other transfer authority provided by the Secretary to no longer be required for
of the Navy, and payments may be made upon elsewhere in this Act. transfer to such forces or groups and upon writ-
the Secretary’s certificate of necessity for con- COUNTER-ISIS TRAIN AND EQUIP FUND ten notification to the congressional defense
fidential military purposes. For the ‘‘Counter-Islamic State of Iraq and committees: Provided further, That the Sec-
OPERATION AND MAINTENANCE, MARINE CORPS Syria Train and Equip Fund’’, $475,000,000, to retary of Defense shall provide quarterly reports
remain available until September 30, 2024: Pro- to the congressional defense committees on the
For expenses, not otherwise provided for, nec-
vided, That such funds shall be available to the use of funds provided under this heading, in-
essary for the operation and maintenance of the
Secretary of Defense in coordination with the cluding, but not limited to, the number of indi-
Marine Corps, as authorized by law,
Secretary of State, to provide assistance, includ- viduals trained, the nature and scope of support
$9,891,998,000.
ing training; equipment; logistics support, sup- and sustainment provided to each group or indi-
OPERATION AND MAINTENANCE, AIR FORCE vidual, the area of operations for each group,
plies, and services; stipends; infrastructure re-
For expenses, not otherwise provided for, nec- pair and renovation; construction for facility and the contributions of other countries, groups,
essary for the operation and maintenance of the fortification and humane treatment; and or individuals.
Air Force, as authorized by law, $60,279,937,000: sustainment, to foreign security forces, irregular OPERATION AND MAINTENANCE, ARMY RESERVE
Provided, That not to exceed $7,699,000 may be forces, groups, or individuals participating, or
used for emergencies and extraordinary ex- For expenses, not otherwise provided for, nec-
preparing to participate in activities to counter
penses, to be expended upon the approval or au- essary for the operation and maintenance, in-
the Islamic State of Iraq and Syria, and their
thority of the Secretary of the Air Force, and cluding training, organization, and administra-
affiliated or associated groups: Provided fur-
payments may be made upon the Secretary’s tion, of the Army Reserve; repair of facilities
ther, That amounts made available under this
certificate of necessity for confidential military and equipment; hire of passenger motor vehicles;
heading shall be available to provide assistance
purposes. travel and transportation; care of the dead; re-
only for activities in a country designated by
cruiting; procurement of services, supplies, and
OPERATION AND MAINTENANCE, SPACE FORCE the Secretary of Defense, in coordination with
equipment; and communications, $3,206,434,000.
For expenses, not otherwise provided for, nec- the Secretary of State, as having a security mis-
essary for the operation and maintenance of the sion to counter the Islamic State of Iraq and OPERATION AND MAINTENANCE, NAVY RESERVE
Space Force, as authorized by law, Syria, and following written notification to the For expenses, not otherwise provided for, nec-
$4,086,883,000. congressional defense committees of such des- essary for the operation and maintenance, in-
ignation: Provided further, That the Secretary cluding training, organization, and administra-
OPERATION AND MAINTENANCE, DEFENSE-WIDE
of Defense shall ensure that prior to providing tion, of the Navy Reserve; repair of facilities
(INCLUDING TRANSFER OF FUNDS) assistance to elements of any forces or individ- and equipment; hire of passenger motor vehicles;
For expenses, not otherwise provided for, nec- uals, such elements or individuals are appro- travel and transportation; care of the dead; re-
essary for the operation and maintenance of ac- priately vetted, including at a minimum, assess- cruiting; procurement of services, supplies, and
tivities and agencies of the Department of De- ing such elements for associations with terrorist equipment; and communications, $1,278,050,000.
fense (other than the military departments), as groups or groups associated with the Govern-
authorized by law, $49,574,779,000: Provided, ment of Iran; and receiving commitments from OPERATION AND MAINTENANCE, MARINE CORPS
That not more than $2,981,000 may be used for such elements to promote respect for human RESERVE
the Combatant Commander Initiative Fund au- rights and the rule of law: Provided further, For expenses, not otherwise provided for, nec-
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thorized under section 166a of title 10, United That the Secretary of Defense shall, not fewer essary for the operation and maintenance, in-
States Code: Provided further, That not to ex- than 15 days prior to obligating from this appro- cluding training, organization, and administra-
ceed $36,000,000 may be used for emergencies priation account, notify the congressional de- tion, of the Marine Corps Reserve; repair of fa-
and extraordinary expenses, to be expended fense committees in writing of the details of any cilities and equipment; hire of passenger motor
upon the approval or authority of the Secretary such obligation: Provided further, That the Sec- vehicles; travel and transportation; care of the
of Defense, and payments may be made upon retary of Defense may accept and retain con- dead; recruiting; procurement of services, sup-
the Secretary’s certificate of necessity for con- tributions, including assistance in-kind, from plies, and equipment; and communications,
fidential military purposes: Provided further, foreign governments, including the Government $347,633,000.
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H10108 CONGRESSIONAL RECORD — HOUSE December 23, 2022
OPERATION AND MAINTENANCE, AIR FORCE That the Secretary of the Navy shall, upon de- all or part of the funds transferred from this ap-
RESERVE termining that such funds are required for envi- propriation are not necessary for the purposes
For expenses, not otherwise provided for, nec- ronmental restoration, reduction and recycling provided herein, such amounts may be trans-
essary for the operation and maintenance, in- of hazardous waste, removal of unsafe buildings ferred back to this appropriation: Provided fur-
cluding training, organization, and administra- and debris of the Department of the Navy, or for ther, That the transfer authority provided
tion, of the Air Force Reserve; repair of facilities similar purposes, transfer the funds made avail- under this heading is in addition to any other
and equipment; hire of passenger motor vehicles; able by this appropriation to other appropria- transfer authority provided elsewhere in this
travel and transportation; care of the dead; re- tions made available to the Department of the Act.
cruiting; procurement of services, supplies, and Navy, to be merged with and to be available for OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
equipment; and communications, $3,700,800,000. the same purposes and for the same time period AID
OPERATION AND MAINTENANCE, ARMY NATIONAL as the appropriations to which transferred: Pro- For expenses relating to the Overseas Human-
GUARD vided further, That upon a determination that itarian, Disaster, and Civic Aid programs of the
For expenses of training, organizing, and ad- all or part of the funds transferred from this ap- Department of Defense (consisting of the pro-
ministering the Army National Guard, including propriation are not necessary for the purposes grams provided under sections 401, 402, 404, 407,
medical and hospital treatment and related ex- provided herein, such amounts may be trans- 2557, and 2561 of title 10, United States Code),
penses in non-Federal hospitals; maintenance, ferred back to this appropriation: Provided fur- $170,000,000, to remain available until September
operation, and repairs to structures and facili- ther, That the transfer authority provided 30, 2024: Provided, That such amounts shall not
ties; hire of passenger motor vehicles; personnel under this heading is in addition to any other be subject to the limitation in section 407(c)(3) of
services in the National Guard Bureau; travel transfer authority provided elsewhere in this title 10, United States Code.
expenses (other than mileage), as authorized by Act.
COOPERATIVE THREAT REDUCTION ACCOUNT
law for Army personnel on active duty, for ENVIRONMENTAL RESTORATION, AIR FORCE For assistance, including assistance provided
Army National Guard division, regimental, and (INCLUDING TRANSFER OF FUNDS) by contract or by grants, under programs and
battalion commanders while inspecting units in activities of the Department of Defense Coopera-
For the Department of the Air Force,
compliance with National Guard Bureau regula- tive Threat Reduction Program authorized
$573,810,000, to remain available until trans-
tions when specifically authorized by the Chief, under the Department of Defense Cooperative
National Guard Bureau; supplying and equip- ferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds Threat Reduction Act, $351,598,000, to remain
ping the Army National Guard as authorized by
are required for environmental restoration, re- available until September 30, 2025.
law; and expenses of repair, modification, main-
tenance, and issue of supplies and equipment duction and recycling of hazardous waste, re- DEPARTMENT OF DEFENSE ACQUISITION
(including aircraft), $8,299,187,000. moval of unsafe buildings and debris of the De- WORKFORCE DEVELOPMENT ACCOUNT
partment of the Air Force, or for similar pur- For the Department of Defense Acquisition
OPERATION AND MAINTENANCE, AIR NATIONAL
poses, transfer the funds made available by this Workforce Development Account, $111,791,000:
GUARD
appropriation to other appropriations made Provided, That no other amounts may be other-
For expenses of training, organizing, and ad- available to the Department of the Air Force, to wise credited or transferred to the Account, or
ministering the Air National Guard, including be merged with and to be available for the same
medical and hospital treatment and related ex- deposited into the Account, in fiscal year 2023
purposes and for the same time period as the ap- pursuant to section 1705(d) of title 10, United
penses in non-Federal hospitals; maintenance, propriations to which transferred: Provided fur-
operation, and repairs to structures and facili- States Code.
ther, That upon a determination that all or part TITLE III
ties; transportation of things, hire of passenger of the funds transferred from this appropriation
motor vehicles; supplying and equipping the Air PROCUREMENT
are not necessary for the purposes provided
National Guard, as authorized by law; expenses herein, such amounts may be transferred back AIRCRAFT PROCUREMENT, ARMY
for repair, modification, maintenance, and issue For construction, procurement, production,
to this appropriation: Provided further, That
of supplies and equipment, including those fur- modification, and modernization of aircraft,
the transfer authority provided under this head-
nished from stocks under the control of agencies equipment, including ordnance, ground han-
ing is in addition to any other transfer author-
of the Department of Defense; travel expenses dling equipment, spare parts, and accessories
ity provided elsewhere in this Act.
(other than mileage) on the same basis as au- therefor; specialized equipment and training de-
thorized by law for Air National Guard per- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
vices; expansion of public and private plants,
sonnel on active Federal duty, for Air National (INCLUDING TRANSFER OF FUNDS) including the land necessary therefor, for the
Guard commanders while inspecting units in For the Department of Defense, $10,979,000, to foregoing purposes, and such lands and inter-
compliance with National Guard Bureau regula- remain available until transferred: Provided, ests therein, may be acquired, and construction
tions when specifically authorized by the Chief, That the Secretary of Defense shall, upon deter- prosecuted thereon prior to approval of title;
National Guard Bureau, $7,382,079,000. mining that such funds are required for envi- and procurement and installation of equipment,
UNITED STATES COURT OF APPEALS FOR THE ronmental restoration, reduction and recycling appliances, and machine tools in public and pri-
ARMED FORCES of hazardous waste, removal of unsafe buildings vate plants; reserve plant and Government and
For salaries and expenses necessary for the and debris of the Department of Defense, or for contractor-owned equipment layaway; and
United States Court of Appeals for the Armed similar purposes, transfer the funds made avail- other expenses necessary for the foregoing pur-
Forces, $16,003,000, of which not to exceed able by this appropriation to other appropria- poses, $3,847,834,000, to remain available for ob-
$10,000 may be used for official representation tions made available to the Department of De- ligation until September 30, 2025.
purposes. fense, to be merged with and to be available for MISSILE PROCUREMENT, ARMY
ENVIRONMENTAL RESTORATION, ARMY the same purposes and for the same time period For construction, procurement, production,
(INCLUDING TRANSFER OF FUNDS) as the appropriations to which transferred: Pro- modification, and modernization of missiles,
For the Department of the Army, $324,500,000, vided further, That upon a determination that equipment, including ordnance, ground han-
to remain available until transferred: Provided, all or part of the funds transferred from this ap- dling equipment, spare parts, and accessories
That the Secretary of the Army shall, upon de- propriation are not necessary for the purposes therefor; specialized equipment and training de-
termining that such funds are required for envi- provided herein, such amounts may be trans- vices; expansion of public and private plants,
ronmental restoration, reduction and recycling ferred back to this appropriation: Provided fur- including the land necessary therefor, for the
of hazardous waste, removal of unsafe buildings ther, That the transfer authority provided foregoing purposes, and such lands and inter-
and debris of the Department of the Army, or under this heading is in addition to any other ests therein, may be acquired, and construction
for similar purposes, transfer the funds made transfer authority provided elsewhere in this prosecuted thereon prior to approval of title;
available by this appropriation to other appro- Act. and procurement and installation of equipment,
priations made available to the Department of ENVIRONMENTAL RESTORATION, FORMERLY USED appliances, and machine tools in public and pri-
the Army, to be merged with and to be available DEFENSE SITES vate plants; reserve plant and Government and
for the same purposes and for the same time pe- (INCLUDING TRANSFER OF FUNDS) contractor-owned equipment layaway; and
riod as the appropriations to which transferred: other expenses necessary for the foregoing pur-
For the Department of the Army, $317,580,000,
Provided further, That upon a determination poses, $3,848,853,000, to remain available for ob-
to remain available until transferred: Provided,
that all or part of the funds transferred from ligation until September 30, 2025.
That the Secretary of the Army shall, upon de-
this appropriation are not necessary for the pur- PROCUREMENT OF WEAPONS AND TRACKED
termining that such funds are required for envi-
poses provided herein, such amounts may be COMBAT VEHICLES, ARMY
ronmental restoration, reduction and recycling
transferred back to this appropriation: Provided
of hazardous waste, removal of unsafe buildings For construction, procurement, production,
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further, That the transfer authority provided
and debris at sites formerly used by the Depart- and modification of weapons and tracked com-
under this heading is in addition to any other
ment of Defense, transfer the funds made avail- bat vehicles, equipment, including ordnance,
transfer authority provided elsewhere in this
able by this appropriation to other appropria- spare parts, and accessories therefor; specialized
Act.
tions made available to the Department of the equipment and training devices; expansion of
ENVIRONMENTAL RESTORATION, NAVY Army, to be merged with and to be available for public and private plants, including the land
(INCLUDING TRANSFER OF FUNDS) the same purposes and for the same time period necessary therefor, for the foregoing purposes,
For the Department of the Navy, $400,113,000, as the appropriations to which transferred: Pro- and such lands and interests therein, may be ac-
to remain available until transferred: Provided, vided further, That upon a determination that quired, and construction prosecuted thereon
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10109
prior to approval of title; and procurement and Code, and the land necessary therefor, for the pansion of public and private plants, including
installation of equipment, appliances, and ma- foregoing purposes, and such lands and inter- the land necessary therefor, and such lands and
chine tools in public and private plants; reserve ests therein, may be acquired, and construction interests therein, may be acquired, and con-
plant and Government and contractor-owned prosecuted thereon prior to approval of title; struction prosecuted thereon prior to approval
equipment layaway; and other expenses nec- and procurement and installation of equipment, of title; and procurement and installation of
essary for the foregoing purposes, $4,505,157,000, appliances, and machine tools in public and pri- equipment, appliances, and machine tools in
to remain available for obligation until Sep- vate plants; reserve plant and Government and public and private plants; reserve plant and
tember 30, 2025. contractor-owned equipment layaway; and Government and contractor-owned equipment
PROCUREMENT OF AMMUNITION, ARMY other expenses necessary for the foregoing pur- layaway, $12,138,590,000, to remain available for
poses, $920,884,000, to remain available for obli- obligation until September 30, 2025: Provided,
For construction, procurement, production,
gation until September 30, 2025. That such funds are also available for the main-
and modification of ammunition, and acces-
SHIPBUILDING AND CONVERSION, NAVY tenance, repair, and modernization of ships
sories therefor; specialized equipment and train-
For expenses necessary for the construction, under a pilot program established for such pur-
ing devices; expansion of public and private
acquisition, or conversion of vessels as author- poses.
plants, including ammunition facilities, author-
ized by section 2854 of title 10, United States ized by law, including armor and armament PROCUREMENT, MARINE CORPS
Code, and the land necessary therefor, for the thereof, plant equipment, appliances, and ma- For expenses necessary for the procurement,
foregoing purposes, and such lands and inter- chine tools and installation thereof in public manufacture, and modification of missiles, ar-
ests therein, may be acquired, and construction and private plants; reserve plant and Govern- mament, military equipment, spare parts, and
prosecuted thereon prior to approval of title; ment and contractor-owned equipment layaway; accessories therefor; plant equipment, appli-
and procurement and installation of equipment, procurement of critical, long lead time compo- ances, and machine tools, and installation
appliances, and machine tools in public and pri- nents and designs for vessels to be constructed thereof in public and private plants; reserve
vate plants; reserve plant and Government and or converted in the future; and expansion of plant and Government and contractor-owned
contractor-owned equipment layaway; and public and private plants, including land nec- equipment layaway; vehicles for the Marine
other expenses necessary for the foregoing pur- essary therefor, and such lands and interests Corps, including the purchase of passenger
poses, $2,770,120,000, to remain available for ob- therein, may be acquired, and construction motor vehicles for replacement only; and expan-
ligation until September 30, 2025. prosecuted thereon prior to approval of title, as sion of public and private plants, including land
OTHER PROCUREMENT, ARMY follows: necessary therefor, and such lands and interests
Columbia Class Submarine, $3,079,223,000; therein, may be acquired, and construction
For construction, procurement, production,
Columbia Class Submarine (AP),
and modification of vehicles, including tactical, prosecuted thereon prior to approval of title,
$2,778,553,000;
support, and non-tracked combat vehicles; the $3,669,510,000, to remain available for obligation
Carrier Replacement Program (CVN–80),
purchase of passenger motor vehicles for re- until September 30, 2025.
$1,465,880,000;
placement only; communications and electronic Carrier Replacement Program (CVN–81), AIRCRAFT PROCUREMENT, AIR FORCE
equipment; other support equipment; spare $1,052,024,000;
parts, ordnance, and accessories therefor; spe- For construction, procurement, and modifica-
Virginia Class Submarine, $4,534,184,000; tion of aircraft and equipment, including armor
cialized equipment and training devices; expan- Virginia Class Submarine (AP), $2,025,651,000;
sion of public and private plants, including the and armament, specialized ground handling
CVN Refueling Overhauls (AP), $612,081,000; equipment, and training devices, spare parts,
land necessary therefor, for the foregoing pur- DDG–1000 Program, $72,976,000;
poses, and such lands and interests therein, may and accessories therefor; specialized equipment;
DDG–51 Destroyer, $6,946,537,000;
be acquired, and construction prosecuted there- expansion of public and private plants, Govern-
DDG–51 Destroyer (AP), $695,652,000;
on prior to approval of title; and procurement ment-owned equipment and installation thereof
FFG–Frigate, $1,135,224,000;
and installation of equipment, appliances, and in such plants, erection of structures, and ac-
LPD Flight II, $1,673,000,000;
machine tools in public and private plants; re- quisition of land, for the foregoing purposes,
LPD Flight II (AP), $250,000,000;
serve plant and Government and contractor- LHA Replacement, $1,374,470,000; and such lands and interests therein, may be ac-
owned equipment layaway; and other expenses Expeditionary Fast Transport, $645,000,000; quired, and construction prosecuted thereon
necessary for the foregoing purposes, TAO Fleet Oiler, $782,588,000; prior to approval of title; reserve plant and Gov-
$8,668,148,000, to remain available for obligation Towing, Salvage, and Rescue Ship, ernment and contractor-owned equipment lay-
until September 30, 2025. $95,915,000; away; and other expenses necessary for the
Ship to Shore Connector, $454,533,000; foregoing purposes including rents and trans-
AIRCRAFT PROCUREMENT, NAVY
Service Craft, $21,056,000; portation of things, $22,196,175,000, to remain
For construction, procurement, production, available for obligation until September 30, 2025.
modification, and modernization of aircraft, Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000; MISSILE PROCUREMENT, AIR FORCE
equipment, including ordnance, spare parts,
Auxiliary Vessels, $133,000,000;
and accessories therefor; specialized equipment; For construction, procurement, and modifica-
For outfitting, post delivery, conversions, and
expansion of public and private plants, includ- tion of missiles, rockets, and related equipment,
first destination transportation, $707,412,000;
ing the land necessary therefor, and such lands including spare parts and accessories therefor;
and
and interests therein, may be acquired, and con- ground handling equipment, and training de-
Completion of Prior Year Shipbuilding Pro-
struction prosecuted thereon prior to approval vices; expansion of public and private plants,
grams, $1,312,646,000.
of title; and procurement and installation of Government-owned equipment and installation
In all: $31,955,124,000, to remain available for
equipment, appliances, and machine tools in thereof in such plants, erection of structures,
obligation until September 30, 2027: Provided,
public and private plants; reserve plant and and acquisition of land, for the foregoing pur-
That additional obligations may be incurred
Government and contractor-owned equipment poses, and such lands and interests therein, may
after September 30, 2027, for engineering serv-
layaway, $19,031,864,000, to remain available for be acquired, and construction prosecuted there-
ices, tests, evaluations, and other such budgeted
obligation until September 30, 2025. on prior to approval of title; reserve plant and
work that must be performed in the final stage
WEAPONS PROCUREMENT, NAVY of ship construction: Provided further, That Government and contractor-owned equipment
For construction, procurement, production, none of the funds provided under this heading layaway; and other expenses necessary for the
modification, and modernization of missiles, tor- for the construction or conversion of any naval foregoing purposes including rents and trans-
pedoes, other weapons, and related support vessel to be constructed in shipyards in the portation of things, $2,999,346,000, to remain
equipment including spare parts, and acces- United States shall be expended in foreign fa- available for obligation until September 30, 2025.
sories therefor; expansion of public and private cilities for the construction of major components PROCUREMENT OF AMMUNITION, AIR FORCE
plants, including the land necessary therefor, of such vessel: Provided further, That none of
For construction, procurement, production,
and such lands and interests therein, may be ac- the funds provided under this heading shall be
and modification of ammunition, and acces-
quired, and construction prosecuted thereon used for the construction of any naval vessel in
sories therefor; specialized equipment and train-
prior to approval of title; and procurement and foreign shipyards: Provided further, That funds
ing devices; expansion of public and private
installation of equipment, appliances, and ma- appropriated or otherwise made available by
plants, including ammunition facilities, author-
chine tools in public and private plants; reserve this Act for Columbia Class Submarine (AP)
ized by section 2854 of title 10, United States
plant and Government and contractor-owned may be available for the purposes authorized by
Code, and the land necessary therefor, for the
equipment layaway, $4,823,113,000, to remain subsections (f), (g), (h) or (i) of section 2218a of
foregoing purposes, and such lands and inter-
available for obligation until September 30, 2025. title 10, United States Code, only in accordance
ests therein, may be acquired, and construction
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PROCUREMENT OF AMMUNITION, NAVY AND with the provisions of the applicable subsection.
prosecuted thereon prior to approval of title;
MARINE CORPS OTHER PROCUREMENT, NAVY and procurement and installation of equipment,
For construction, procurement, production, For procurement, production, and moderniza- appliances, and machine tools in public and pri-
and modification of ammunition, and acces- tion of support equipment and materials not vate plants; reserve plant and Government and
sories therefor; specialized equipment and train- otherwise provided for, Navy ordnance (except contractor-owned equipment layaway; and
ing devices; expansion of public and private ordnance for new aircraft, new ships, and ships other expenses necessary for the foregoing pur-
plants, including ammunition facilities, author- authorized for conversion); the purchase of pas- poses, $857,722,000, to remain available for obli-
ized by section 2854 of title 10, United States senger motor vehicles for replacement only; ex- gation until September 30, 2025.
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H10110 CONGRESSIONAL RECORD — HOUSE December 23, 2022
OTHER PROCUREMENT, AIR FORCE TITLE IV for obligation until September 30, 2025, shall be
RESEARCH, DEVELOPMENT, TEST AND for procurement; and of which $3,041,610,000, to
For procurement and modification of equip-
EVALUATION remain available for obligation until September
ment (including ground guidance and electronic
30, 2024, shall be for research, development, test
control equipment, and ground electronic and RESEARCH, DEVELOPMENT, TEST AND
and evaluation: Provided, That, notwith-
communication equipment), and supplies, mate- EVALUATION, ARMY
standing any other provision of law, of the
rials, and spare parts therefor, not otherwise For expenses necessary for basic and applied amount made available under this heading for
provided for; the purchase of passenger motor scientific research, development, test and eval- research, development, test and evaluation, not
vehicles for replacement only; lease of passenger uation, including maintenance, rehabilitation, less than $12,000,000 shall be available for HIV
motor vehicles; and expansion of public and pri- lease, and operation of facilities and equipment, prevention educational activities undertaken in
vate plants, Government-owned equipment and $17,150,141,000, to remain available for obliga- connection with United States military training,
installation thereof in such plants, erection of tion until September 30, 2024. exercises, and humanitarian assistance activi-
structures, and acquisition of land, for the fore-
RESEARCH, DEVELOPMENT, TEST AND ties conducted primarily in African nations:
going purposes, and such lands and interests
EVALUATION, NAVY Provided further, That of the funds provided
therein, may be acquired, and construction
For expenses necessary for basic and applied under this heading for research, development,
prosecuted thereon, prior to approval of title; re-
scientific research, development, test and eval- test and evaluation, not less than $1,561,000,000
serve plant and Government and contractor-
uation, including maintenance, rehabilitation, shall be made available to the Defense Health
owned equipment layaway, $28,034,122,000, to
lease, and operation of facilities and equipment, Agency to carry out the congressionally directed
remain available for obligation until September
$26,017,309,000, to remain available for obliga- medical research programs: Provided further,
30, 2025.
tion until September 30, 2024: Provided, That That the Secretary of Defense shall submit to
PROCUREMENT, SPACE FORCE funds appropriated in this paragraph which are the congressional defense committees quarterly
For construction, procurement, and modifica- available for the V–22 may be used to meet reports on the current status of the deployment
tion of spacecraft, rockets, and related equip- unique operational requirements of the Special of the electronic health record: Provided fur-
ment, including spare parts and accessories Operations Forces. ther, That the Secretary of Defense shall pro-
therefor; ground handling equipment, and vide notice to the congressional defense commit-
RESEARCH, DEVELOPMENT, TEST AND
training devices; expansion of public and pri- tees not later than 10 business days after delay-
EVALUATION, AIR FORCE
vate plants, Government-owned equipment and ing the proposed timeline of such deployment if
For expenses necessary for basic and applied such delay is longer than 1 week: Provided fur-
installation thereof in such plants, erection of scientific research, development, test and eval-
structures, and acquisition of land, for the fore- ther, That the Comptroller General of the
uation, including maintenance, rehabilitation, United States shall perform quarterly perform-
going purposes, and such lands and interests lease, and operation of facilities and equipment,
therein, may be acquired, and construction ance reviews of such deployment.
$44,946,927,000, to remain available for obliga-
prosecuted thereon prior to approval of title; re- tion until September 30, 2024. CHEMICAL AGENTS AND MUNITIONS
serve plant and Government and contractor- DESTRUCTION, DEFENSE
owned equipment layaway; and other expenses RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, SPACE FORCE For expenses, not otherwise provided for, nec-
necessary for the foregoing purposes including
For expenses necessary for basic and applied essary for the destruction of the United States
rents and transportation of things,
scientific research, development, test and eval- stockpile of lethal chemical agents and muni-
$4,462,188,000, to remain available for obligation
uation, including maintenance, rehabilitation, tions in accordance with the provisions of sec-
until September 30, 2025.
lease, and operation of facilities and equipment, tion 1412 of the Department of Defense Author-
PROCUREMENT, DEFENSE-WIDE $16,631,377,000, to remain available until Sep- ization Act, 1986 (50 U.S.C. 1521), and for the
tember 30, 2024. destruction of other chemical warfare materials
For expenses of activities and agencies of the
that are not in the chemical weapon stockpile,
Department of Defense (other than the military RESEARCH, DEVELOPMENT, TEST AND $1,059,818,000, of which $84,612,000 shall be for
departments) necessary for procurement, pro- EVALUATION, DEFENSE-WIDE operation and maintenance, of which no less
duction, and modification of equipment, sup- For expenses of activities and agencies of the than $53,186,000 shall be for the Chemical Stock-
plies, materials, and spare parts therefor, not Department of Defense (other than the military pile Emergency Preparedness Program, con-
otherwise provided for; the purchase of pas- departments), necessary for basic and applied sisting of $22,778,000 for activities on military in-
senger motor vehicles for replacement only; ex- scientific research, development, test and eval- stallations and $30,408,000, to remain available
pansion of public and private plants, equip- uation; advanced research projects as may be until September 30, 2024, to assist State and
ment, and installation thereof in such plants, designated and determined by the Secretary of local governments; and $975,206,000, to remain
erection of structures, and acquisition of land Defense, pursuant to law; maintenance, reha- available until September 30, 2024, shall be for
for the foregoing purposes, and such lands and bilitation, lease, and operation of facilities and research, development, test and evaluation, of
interests therein, may be acquired, and con- equipment, $34,565,478,000, to remain available which $971,742,000 shall only be for the Assem-
struction prosecuted thereon prior to approval for obligation until September 30, 2024. bled Chemical Weapons Alternatives program.
of title; reserve plant and Government and con-
tractor-owned equipment layaway, OPERATIONAL TEST AND EVALUATION, DEFENSE DRUG INTERDICTION AND COUNTER-DRUG
$6,139,674,000, to remain available for obligation For expenses, not otherwise provided for, nec- ACTIVITIES, DEFENSE
until September 30, 2025. essary for the independent activities of the Di-
(INCLUDING TRANSFER OF FUNDS)
rector, Operational Test and Evaluation, in the
DEFENSE PRODUCTION ACT PURCHASES direction and supervision of operational test For drug interdiction and counter-drug activi-
For activities by the Department of Defense and evaluation, including initial operational ties of the Department of Defense, for transfer
pursuant to sections 108, 301, 302, and 303 of the test and evaluation which is conducted prior to, to appropriations available to the Department of
Defense Production Act of 1950 (50 U.S.C. 4518, and in support of, production decisions; joint Defense for military personnel of the reserve
4531, 4532, and 4533), $372,906,000, to remain operational testing and evaluation; and admin- components serving under the provisions of title
available for obligation until September 30, 2027, istrative expenses in connection therewith, 10 and title 32, United States Code; for operation
which shall be obligated and expended by the $449,294,000, to remain available for obligation and maintenance; for procurement; and for re-
Secretary of Defense as if delegated the nec- until September 30, 2024. search, development, test and evaluation,
essary authorities conferred by the Defense Pro- TITLE V $970,764,000, of which $614,510,000 shall be for
duction Act of 1950. counter-narcotics support; $130,060,000 shall be
REVOLVING AND MANAGEMENT FUNDS
for the drug demand reduction program;
NATIONAL GUARD AND RESERVE EQUIPMENT DEFENSE WORKING CAPITAL FUNDS $200,316,000 shall be for the National Guard
ACCOUNT
For the Defense Working Capital Funds, counter-drug program; and $25,878,000 shall be
For procurement of rotary-wing aircraft; com- $1,654,710,000. for the National Guard counter-drug schools
bat, tactical and support vehicles; other weap- TITLE VI program: Provided, That the funds appropriated
ons; and other procurement items for the reserve under this heading shall be available for obliga-
OTHER DEPARTMENT OF DEFENSE
components of the Armed Forces, $1,000,000,000, tion for the same time period and for the same
PROGRAMS
to remain available for obligation until Sep- purpose as the appropriation to which trans-
tember 30, 2025: Provided, That the Chiefs of DEFENSE HEALTH PROGRAM ferred: Provided further, That upon a deter-
National Guard and Reserve components shall, For expenses, not otherwise provided for, for mination that all or part of the funds trans-
not later than 30 days after enactment of this medical and health care programs of the De- ferred from this appropriation are not necessary
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Act, individually submit to the congressional de- partment of Defense as authorized by law, for the purposes provided herein, such amounts
fense committees the modernization priority as- $39,225,101,000; of which $35,613,417,000 shall be may be transferred back to this appropriation:
sessment for their respective National Guard or for operation and maintenance, of which not to Provided further, That the transfer authority
Reserve component: Provided further, That exceed one percent shall remain available for provided under this heading is in addition to
none of the funds made available by this para- obligation until September 30, 2024, and of any other transfer authority contained else-
graph may be used to procure manned fixed which up to $18,577,877,000 may be available for where in this Act: Provided further, That funds
wing aircraft, or procure or modify missiles, mu- contracts entered into under the TRICARE pro- appropriated under this heading may be used to
nitions, or ammunition. gram; of which $570,074,000, to remain available support a new start program or project only
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10111
after written prior notification to the Commit- of reserve components or summer camp training available for reprogramming or transfer until
tees on Appropriations of the House of Rep- of the Reserve Officers’ Training Corps. the report identified in subsection (a) is sub-
resentatives and the Senate. (TRANSFER OF FUNDS) mitted to the congressional defense committees,
OFFICE OF THE INSPECTOR GENERAL SEC. 8005. Upon determination by the Sec- unless the Secretary of Defense certifies in writ-
retary of Defense that such action is necessary ing to the congressional defense committees that
For expenses and activities of the Office of the
in the national interest, the Secretary may, with such reprogramming or transfer is necessary as
Inspector General in carrying out the provisions
the approval of the Office of Management and an emergency requirement: Provided, That this
of the Inspector General Act of 1978, as amend-
Budget, transfer not to exceed $6,000,000,000 of subsection shall not apply to transfers from the
ed, $485,359,000, of which $481,971,000 shall be
working capital funds of the Department of De- following appropriations accounts:
for operation and maintenance, of which not to
(1) ‘‘Environmental Restoration, Army’’;
exceed $700,000 is available for emergencies and fense or funds made available in this Act to the
(2) ‘‘Environmental Restoration, Navy’’;
extraordinary expenses to be expended upon the Department of Defense for military functions
(3) ‘‘Environmental Restoration, Air Force’’;
approval or authority of the Inspector General, (except military construction) between such ap-
(4) ‘‘Environmental Restoration, Defense-
and payments may be made upon the Inspector propriations or funds or any subdivision there-
Wide’’;
General’s certificate of necessity for confidential of, to be merged with and to be available for the
(5) ‘‘Environmental Restoration, Formerly
military purposes; of which $1,524,000, to remain same purposes, and for the same time period, as
Used Defense Sites’’; and
available for obligation until September 30, 2025, the appropriation or fund to which transferred: (6) ‘‘Drug Interdiction and Counter-drug Ac-
shall be for procurement; and of which Provided, That such authority to transfer may tivities, Defense’’.
$1,864,000, to remain available until September not be used unless for higher priority items,
based on unforeseen military requirements, than (TRANSFER OF FUNDS)
30, 2024, shall be for research, development, test
and evaluation. those for which originally appropriated and in SEC. 8008. During the current fiscal year, cash
no case where the item for which funds are re- balances in working capital funds of the De-
SUPPORT FOR INTERNATIONAL SPORTING
quested has been denied by the Congress: Pro- partment of Defense established pursuant to sec-
COMPETITIONS
vided further, That the Secretary of Defense tion 2208 of title 10, United States Code, may be
For logistical and security support for inter- shall notify the Congress promptly of all trans- maintained in only such amounts as are nec-
national sporting competitions (including pay fers made pursuant to this authority or any essary at any time for cash disbursements to be
and non-travel related allowances only for mem- other authority in this Act: Provided further, made from such funds: Provided, That transfers
bers of the Reserve Components of the Armed That no part of the funds in this Act shall be may be made between such funds: Provided fur-
Forces of the United States called or ordered to available to prepare or present a request to the ther, That transfers may be made between work-
active duty in connection with providing such Committees on Appropriations of the House of ing capital funds and the ‘‘Foreign Currency
support), $10,377,000, to remain available until Representatives and the Senate for reprogram- Fluctuations, Defense’’ appropriation and the
expended. ming of funds, unless for higher priority items, ‘‘Operation and Maintenance’’ appropriation
TITLE VII based on unforeseen military requirements, than accounts in such amounts as may be determined
RELATED AGENCIES those for which originally appropriated and in by the Secretary of Defense, with the approval
no case where the item for which reprogramming of the Office of Management and Budget, except
CENTRAL INTELLIGENCE AGENCY RETIREMENT
is requested has been denied by the Congress: that such transfers may not be made unless the
AND DISABILITY SYSTEM FUND
Provided further, That a request for multiple Secretary of Defense has notified the Congress
For payment to the Central Intelligence Agen- reprogrammings of funds using authority pro- of the proposed transfer: Provided further, That
cy Retirement and Disability System Fund, to vided in this section shall be made prior to June except in amounts equal to the amounts appro-
maintain the proper funding level for con- 30, 2023: Provided further, That transfers among priated to working capital funds in this Act, no
tinuing the operation of the Central Intelligence military personnel appropriations shall not be obligations may be made against a working cap-
Agency Retirement and Disability System, taken into account for purposes of the limitation ital fund to procure or increase the value of war
$514,000,000. on the amount of funds that may be transferred reserve material inventory, unless the Secretary
INTELLIGENCE COMMUNITY MANAGEMENT under this section. of Defense has notified the Congress prior to
ACCOUNT SEC. 8006. (a) With regard to the list of spe- any such obligation.
For necessary expenses of the Intelligence cific programs, projects, and activities (and the SEC. 8009. Funds appropriated by this Act
Community Management Account, $562,265,000. dollar amounts and adjustments to budget ac- may not be used to initiate a special access pro-
tivities corresponding to such programs, gram without prior notification 30 calendar
TITLE VIII
projects, and activities) contained in the tables days in advance to the congressional defense
GENERAL PROVISIONS titled Explanation of Project Level Adjustments committees.
SEC. 8001. No part of any appropriation con- in the explanatory statement regarding this Act SEC. 8010. None of the funds provided in this
tained in this Act shall be used for publicity or and the tables contained in the classified annex Act shall be available to initiate: (1) a multiyear
propaganda purposes not authorized by the accompanying this Act, the obligation and ex- contract that employs economic order quantity
Congress. penditure of amounts appropriated or otherwise procurement in excess of $20,000,000 in any one
SEC. 8002. During the current fiscal year, pro- made available in this Act for those programs, year of the contract or that includes an un-
visions of law prohibiting the payment of com- projects, and activities for which the amounts funded contingent liability in excess of
pensation to, or employment of, any person not appropriated exceed the amounts requested are $20,000,000; or (2) a contract for advance pro-
a citizen of the United States shall not apply to hereby required by law to be carried out in the curement leading to a multiyear contract that
personnel of the Department of Defense: Pro- manner provided by such tables to the same ex- employs economic order quantity procurement in
vided, That salary increases granted to direct tent as if the tables were included in the text of excess of $20,000,000 in any one year, unless the
and indirect hire foreign national employees of this Act. congressional defense committees have been no-
the Department of Defense funded by this Act (b) Amounts specified in the referenced tables tified at least 30 days in advance of the pro-
shall not be at a rate in excess of the percentage described in subsection (a) shall not be treated posed contract award: Provided, That no part of
increase authorized by law for civilian employ- as subdivisions of appropriations for purposes of any appropriation contained in this Act shall be
ees of the Department of Defense whose pay is section 8005 of this Act: Provided, That section available to initiate a multiyear contract for
computed under the provisions of section 5332 of 8005 shall apply when transfers of the amounts which the economic order quantity advance pro-
title 5, United States Code, or at a rate in excess described in subsection (a) occur between appro- curement is not funded at least to the limits of
of the percentage increase provided by the ap- priation accounts. the Government’s liability: Provided further,
propriate host nation to its own employees, SEC. 8007. (a) Not later than 60 days after the That no part of any appropriation contained in
whichever is higher: Provided further, That this date of the enactment of this Act, the Depart- this Act shall be available to initiate multiyear
section shall not apply to Department of De- ment of Defense shall submit a report to the procurement contracts for any systems or com-
fense foreign service national employees serving congressional defense committees to establish ponent thereof if the value of the multiyear con-
at United States diplomatic missions whose pay the baseline for application of reprogramming tract would exceed $500,000,000 unless specifi-
is set by the Department of State under the For- and transfer authorities for fiscal year 2023: cally provided in this Act: Provided further,
eign Service Act of 1980: Provided further, That Provided, That the report shall include— That no multiyear procurement contract can be
the limitations of this provision shall not apply (1) a table for each appropriation with a sepa- terminated without 30-day prior notification to
to foreign national employees of the Department rate column to display the President’s budget re- the congressional defense committees: Provided
of Defense in the Republic of Turkey. quest, adjustments made by Congress, adjust- further, That the execution of multiyear author-
SEC. 8003. No part of any appropriation con- ments due to enacted rescissions, if appropriate, ity shall require the use of a present value anal-
tained in this Act shall remain available for ob- and the fiscal year enacted level; ysis to determine lowest cost compared to an an-
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ligation beyond the current fiscal year, unless (2) a delineation in the table for each appro- nual procurement: Provided further, That none
expressly so provided herein. priation both by budget activity and program, of the funds provided in this Act may be used
SEC. 8004. No more than 20 percent of the ap- project, and activity as detailed in the Budget for a multiyear contract executed after the date
propriations in this Act which are limited for Appendix; and of the enactment of this Act unless in the case
obligation during the current fiscal year shall be (3) an identification of items of special con- of any such contract—
obligated during the last 2 months of the fiscal gressional interest. (1) the Secretary of Defense has submitted to
year: Provided, That this section shall not apply (b) Notwithstanding section 8005 of this Act, Congress a budget request for full funding of
to obligations for support of active duty training none of the funds provided in this Act shall be units to be procured through the contract and,
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H10112 CONGRESSIONAL RECORD — HOUSE December 23, 2022
in the case of a contract for procurement of air- material and other documentation supporting any State in which the installation is located:
craft, that includes, for any aircraft unit to be such a request, shall be prepared and submitted Provided further, That such local procurement
procured through the contract for which pro- to Congress as if subsections (a) and (b) were ef- requirements for malt beverages and wine shall
curement funds are requested in that budget re- fective with respect to such fiscal year. apply to all alcoholic beverages only for military
quest for production beyond advance procure- (e) Nothing in this section shall be construed installations in States which are not contiguous
ment activities in the fiscal year covered by the to apply to military (civilian) technicians. with another State: Provided further, That alco-
budget, full funding of procurement of such unit SEC. 8013. None of the funds made available holic beverages other than wine and malt bev-
in that fiscal year; by this Act shall be used in any way, directly or erages, in contiguous States and the District of
(2) cancellation provisions in the contract do indirectly, to influence congressional action on Columbia shall be procured from the most com-
not include consideration of recurring manufac- any legislation or appropriation matters pend- petitive source, price and other factors consid-
turing costs of the contractor associated with ing before the Congress. ered.
the production of unfunded units to be delivered SEC. 8014. None of the funds available in this SEC. 8018. None of the funds available to the
under the contract; Act to the Department of Defense, other than Department of Defense may be used to demili-
(3) the contract provides that payments to the appropriations made for necessary or routine re- tarize or dispose of M–1 Carbines, M–1 Garand
contractor under the contract shall not be made furbishments, upgrades, or maintenance activi- rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri-
in advance of incurred costs on funded units; ties, shall be used to reduce or to prepare to re- fles, or M–1911 pistols, or to demilitarize or de-
and duce the number of deployed and non-deployed stroy small arms ammunition or ammunition
(4) the contract does not provide for a price strategic delivery vehicles and launchers below components that are not otherwise prohibited
adjustment based on a failure to award a fol- the levels set forth in the report submitted to from commercial sale under Federal law, unless
low-on contract. Congress in accordance with section 1042 of the the small arms ammunition or ammunition com-
Funds appropriated in title III of this Act may National Defense Authorization Act for Fiscal ponents are certified by the Secretary of the
be used for multiyear procurement contracts for Year 2012. Army or designee as unserviceable or unsafe for
up to 15 DDG–51 Arleigh Burke Class Guided (TRANSFER OF FUNDS) further use.
Missile Destroyers.
SEC. 8011. Within the funds appropriated for SEC. 8015. (a) Funds appropriated in title III SEC. 8019. No more than $500,000 of the funds
the operation and maintenance of the Armed of this Act for the Department of Defense Pilot appropriated or made available in this Act shall
Forces, funds are hereby appropriated pursuant Mentor-Protégé Program may be transferred to be used during a single fiscal year for any single
to section 401 of title 10, United States Code, for any other appropriation contained in this Act relocation of an organization, unit, activity or
humanitarian and civic assistance costs under solely for the purpose of implementing a Men- function of the Department of Defense into or
chapter 20 of title 10, United States Code: Pro- tor-Protégé Program developmental assistance within the National Capital Region: Provided,
vided, That such funds may also be obligated agreement pursuant to section 831 of the Na- That the Secretary of Defense may waive this
for humanitarian and civic assistance costs inci- tional Defense Authorization Act for Fiscal restriction on a case-by-case basis by certifying
dental to authorized operations and pursuant to Year 1991 (Public Law 101–510; 10 U.S.C. 2302 in writing to the congressional defense commit-
authority granted in section 401 of title 10, note), as amended, under the authority of this tees that such a relocation is required in the
United States Code, and these obligations shall provision or any other transfer authority con- best interest of the Government.
be reported as required by section 401(d) of title tained in this Act. SEC. 8020. In addition to the funds provided
10, United States Code: Provided further, That (b) The Secretary of Defense shall include
elsewhere in this Act, $25,000,000 is appropriated
funds available for operation and maintenance with the budget justification documents in sup-
only for incentive payments authorized by sec-
shall be available for providing humanitarian port of the budget for fiscal year 2024 (as sub-
tion 504 of the Indian Financing Act of 1974 (25
and similar assistance by using Civic Action mitted to Congress pursuant to section 1105 of
U.S.C. 1544): Provided, That a prime contractor
Teams in the Trust Territories of the Pacific Is- title 31, United States Code) a description of
or a subcontractor at any tier that makes a sub-
lands and freely associated states of Micronesia, each transfer under this section that occurred
contract award to any subcontractor or supplier
pursuant to the Compact of Free Association as during the last fiscal year before the fiscal year
as defined in section 1544 of title 25, United
authorized by Public Law 99–239: Provided fur- in which such budget is submitted.
States Code, or a small business owned and con-
ther, That upon a determination by the Sec- SEC. 8016. None of the funds in this Act may
trolled by an individual or individuals defined
retary of the Army that such action is beneficial be available for the purchase by the Department
under section 4221(9) of title 25, United States
for graduate medical education programs con- of Defense (and its departments and agencies) of
Code, shall be considered a contractor for the
ducted at Army medical facilities located in Ha- welded shipboard anchor and mooring chain
purposes of being allowed additional compensa-
waii, the Secretary of the Army may authorize unless the anchor and mooring chain are manu-
tion under section 504 of the Indian Financing
the provision of medical services at such facili- factured in the United States from components
Act of 1974 (25 U.S.C. 1544) whenever the prime
ties and transportation to such facilities, on a which are substantially manufactured in the
contract or subcontract amount is over $500,000
nonreimbursable basis, for civilian patients from United States: Provided, That for the purpose of
and involves the expenditure of funds appro-
American Samoa, the Commonwealth of the this section, the term ‘‘manufactured’’ shall in-
priated by an Act making appropriations for the
Northern Mariana Islands, the Marshall Is- clude cutting, heat treating, quality control,
Department of Defense with respect to any fis-
lands, the Federated States of Micronesia, testing of chain and welding (including the
cal year: Provided further, That notwith-
Palau, and Guam. forging and shot blasting process): Provided fur-
standing section 1906 of title 41, United States
SEC. 8012. (a) During the current fiscal year, ther, That for the purpose of this section sub-
Code, this section shall be applicable to any De-
the civilian personnel of the Department of De- stantially all of the components of anchor and
partment of Defense acquisition of supplies or
fense may not be managed on the basis of any mooring chain shall be considered to be pro-
services, including any contract and any sub-
constraint or limitation in terms of man years, duced or manufactured in the United States if
contract at any tier for acquisition of commer-
end strength, full-time equivalent positions, or the aggregate cost of the components produced
cial items produced or manufactured, in whole
maximum number of employees, but are to be or manufactured in the United States exceeds
or in part, by any subcontractor or supplier de-
managed solely on the basis of, and in a manner the aggregate cost of the components produced
fined in section 1544 of title 25, United States
consistent with— or manufactured outside the United States: Pro-
Code, or a small business owned and controlled
(1) the total force management policies and vided further, That when adequate domestic
by an individual or individuals defined under
procedures established under section 129a of supplies are not available to meet Department of
section 4221(9) of title 25, United States Code.
title 10, United States Code; Defense requirements on a timely basis, the Sec-
retary of the Service responsible for the procure- SEC. 8021. (a) Notwithstanding any other pro-
(2) the workload required to carry out the
ment may waive this restriction on a case-by- vision of law, the Secretary of the Air Force
functions and activities of the Department; and
case basis by certifying in writing to the Com- may convey at no cost to the Air Force, without
(3) the funds made available to the Depart-
mittees on Appropriations of the House of Rep- consideration, to Indian tribes located in the
ment for such fiscal year.
(b) None of the funds appropriated by this Act resentatives and the Senate that such an acqui- States of Nevada, Idaho, North Dakota, South
may be used to reduce the civilian workforce sition must be made in order to acquire capa- Dakota, Montana, Oregon, Minnesota, and
programmed full time equivalent levels absent bility for national security purposes. Washington relocatable military housing units
the appropriate analysis of the impact of these SEC. 8017. None of the funds appropriated by located at Grand Forks Air Force Base,
reductions on workload, military force struc- this Act shall be used for the support of any Malmstrom Air Force Base, Mountain Home Air
ture, lethality, readiness, operational effective- nonappropriated funds activity of the Depart- Force Base, Ellsworth Air Force Base, and
ness, stress on the military force, and fully bur- ment of Defense that procures malt beverages Minot Air Force Base that are excess to the
dened costs. and wine with nonappropriated funds for resale needs of the Air Force.
(c) A projection of the number of full-time (including such alcoholic beverages sold by the (b) The Secretary of the Air Force shall con-
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equivalent positions shall not be considered a drink) on a military installation located in the vey, at no cost to the Air Force, military hous-
constraint or limitation for purposes of sub- United States unless such malt beverages and ing units under subsection (a) in accordance
section (a) and reducing funding for under-exe- wine are procured within that State, or in the with the request for such units that are sub-
cution of such a projection shall not be consid- case of the District of Columbia, within the Dis- mitted to the Secretary by the Operation Walk-
ered managing based on a constraint or limita- trict of Columbia, in which the military installa- ing Shield Program on behalf of Indian tribes
tion for purposes of such subsection. tion is located: Provided, That, in a case in located in the States of Nevada, Idaho, North
(d) The fiscal year 2024 budget request for the which the military installation is located in Dakota, South Dakota, Montana, Oregon, Min-
Department of Defense, and any justification more than one State, purchases may be made in nesota, and Washington. Any such conveyance
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10113
shall be subject to the condition that the hous- charitable contributions, not to include em- SEC. 8031. None of the funds appropriated or
ing units shall be removed within a reasonable ployee participation in community service and/ made available in this Act shall be used to pro-
period of time, as determined by the Secretary. or development. cure carbon, alloy, or armor steel plate for use
(c) The Operation Walking Shield Program (d) Notwithstanding any other provision of in any Government-owned facility or property
shall resolve any conflicts among requests of In- law, of the funds available to the department under the control of the Department of Defense
dian tribes for housing units under subsection during fiscal year 2023, not more than which were not melted and rolled in the United
(a) before submitting requests to the Secretary of $2,788,107,000 may be funded for professional States or Canada: Provided, That these procure-
the Air Force under subsection (b). technical staff-related costs of the defense ment restrictions shall apply to any and all Fed-
(d) In this section, the term ‘‘Indian tribe’’ FFRDCs: Provided, That within such funds, not eral Supply Class 9515, American Society of
means any recognized Indian tribe included on more than $446,097,000 shall be available for the Testing and Materials (ASTM) or American Iron
the current list published by the Secretary of the defense studies and analysis FFRDCs: Provided and Steel Institute (AISI) specifications of car-
Interior under section 104 of the Federally Rec- further, That this subsection shall not apply to bon, alloy or armor steel plate: Provided further,
ognized Indian Tribe Act of 1994 (Public Law staff years funded in the National Intelligence That the Secretary of the military department
103–454; 108 Stat. 4792; 25 U.S.C. 5131). Program and the Military Intelligence Program: responsible for the procurement may waive this
SEC. 8022. Of the funds appropriated to the Provided further, That the Secretary of Defense restriction on a case-by-case basis by certifying
Department of Defense under the heading ‘‘Op- shall, with the submission of the department’s in writing to the Committees on Appropriations
eration and Maintenance, Defense-Wide’’, not fiscal year 2024 budget request, submit a report of the House of Representatives and the Senate
less than $20,000,000 shall be made available presenting the specific amounts of staff years of that adequate domestic supplies are not avail-
only for the mitigation of environmental im- technical effort to be allocated for each defense able to meet Department of Defense require-
pacts, including training and technical assist- FFRDC by program during that fiscal year and ments on a timely basis and that such an acqui-
ance to tribes, related administrative support, the associated budget estimates, by appropria- sition must be made in order to acquire capa-
the gathering of information, documenting of tion account and program. bility for national security purposes: Provided
environmental damage, and developing a system (e) Notwithstanding any other provision of further, That these restrictions shall not apply
for prioritization of mitigation and cost to com- this Act, the total amount appropriated in this to contracts which are in being as of the date of
plete estimates for mitigation, on Indian lands Act for FFRDCs is hereby reduced by the enactment of this Act.
resulting from Department of Defense activities. $129,893,000: Provided, That this subsection SEC. 8032. (a)(1) If the Secretary of Defense,
SEC. 8023. Funds appropriated by this Act for shall not apply to appropriations for the Na- after consultation with the United States Trade
the Defense Media Activity shall not be used for tional Intelligence Program and Military Intel- Representative, determines that a foreign coun-
any national or international political or psy- ligence Program. try which is party to an agreement described in
chological activities. SEC. 8027. For the purposes of this Act, the paragraph (2) has violated the terms of the
SEC. 8024. Of the amounts appropriated for term ‘‘congressional defense committees’’ means agreement by discriminating against certain
‘‘Working Capital Fund, Army’’, $115,000,000 the Armed Services Committee of the House of types of products produced in the United States
shall be available to maintain competitive rates Representatives, the Armed Services Committee that are covered by the agreement, the Secretary
at the arsenals. of the Senate, the Subcommittee on Defense of of Defense shall rescind the Secretary’s blanket
SEC. 8025. (a) Of the funds made available in the Committee on Appropriations of the Senate, waiver of the Buy American Act with respect to
this Act, not less than $64,800,000 shall be avail- and the Subcommittee on Defense of the Com- such types of products produced in that foreign
able for the Civil Air Patrol Corporation, of mittee on Appropriations of the House of Rep- country.
which— resentatives. (2) An agreement referred to in paragraph (1)
(1) $51,300,000 shall be available from ‘‘Oper- SEC. 8028. For the purposes of this Act, the
is any reciprocal defense procurement memo-
ation and Maintenance, Air Force’’ to support term ‘‘congressional intelligence committees’’
randum of understanding, between the United
Civil Air Patrol Corporation operation and means the Permanent Select Committee on Intel-
States and a foreign country pursuant to which
maintenance, readiness, counter-drug activities, ligence of the House of Representatives, the Se-
the Secretary of Defense has prospectively
and drug demand reduction activities involving lect Committee on Intelligence of the Senate, the
waived the Buy American Act for certain prod-
youth programs; Subcommittee on Defense of the Committee on
(2) $11,600,000 shall be available from ‘‘Air- ucts in that country.
Appropriations of the House of Representatives,
craft Procurement, Air Force’’; and (b) The Secretary of Defense shall submit to
and the Subcommittee on Defense of the Com-
(3) $1,900,000 shall be available from ‘‘Other the Congress a report on the amount of Depart-
mittee on Appropriations of the Senate.
Procurement, Air Force’’ for vehicle procure- SEC. 8029. During the current fiscal year, the ment of Defense purchases from foreign entities
ment. Department of Defense may acquire the modi- in fiscal year 2023. Such report shall separately
(b) The Secretary of the Air Force should fication, depot maintenance and repair of air- indicate the dollar value of items for which the
waive reimbursement for any funds used by the craft, vehicles and vessels as well as the produc- Buy American Act was waived pursuant to any
Civil Air Patrol for counter-drug activities in tion of components and other Defense-related agreement described in subsection (a)(2), the
support of Federal, State, and local government articles, through competition between Depart- Trade Agreements Act of 1979 (19 U.S.C. 2501 et
agencies. ment of Defense depot maintenance activities seq.), or any international agreement to which
SEC. 8026. (a) None of the funds appropriated and private firms: Provided, That the Senior Ac- the United States is a party.
in this Act are available to establish a new De- quisition Executive of the military department (c) For purposes of this section, the term ‘‘Buy
partment of Defense (department) federally or Defense Agency concerned, with power of American Act’’ means chapter 83 of title 41,
funded research and development center delegation, shall certify that successful bids in- United States Code.
(FFRDC), either as a new entity, or as a sepa- clude comparable estimates of all direct and in- SEC. 8033. None of the funds appropriated by
rate entity administrated by an organization direct costs for both public and private bids: this Act may be used for the procurement of ball
managing another FFRDC, or as a nonprofit Provided further, That Office of Management and roller bearings other than those produced
membership corporation consisting of a consor- and Budget Circular A–76 shall not apply to by a domestic source and of domestic origin:
tium of other FFRDCs and other nonprofit enti- competitions conducted under this section. Provided, That the Secretary of the military de-
ties. SEC. 8030. (a) None of the funds appropriated partment responsible for such procurement may
(b) No member of a Board of Directors, Trust- in this Act may be expended by an entity of the waive this restriction on a case-by-case basis by
ees, Overseers, Advisory Group, Special Issues Department of Defense unless the entity, in ex- certifying in writing to the Committees on Ap-
Panel, Visiting Committee, or any similar entity pending the funds, complies with the Buy Amer- propriations of the House of Representatives
of a defense FFRDC, and no paid consultant to ican Act. For purposes of this subsection, the and the Senate, that adequate domestic supplies
any defense FFRDC, except when acting in a term ‘‘Buy American Act’’ means chapter 83 of are not available to meet Department of Defense
technical advisory capacity, may be com- title 41, United States Code. requirements on a timely basis and that such an
pensated for his or her services as a member of (b) If the Secretary of Defense determines that acquisition must be made in order to acquire ca-
such entity, or as a paid consultant by more a person has been convicted of intentionally pability for national security purposes: Provided
than one FFRDC in a fiscal year: Provided, affixing a label bearing a ‘‘Made in America’’ further, That this restriction shall not apply to
That a member of any such entity referred to inscription to any product sold in or shipped to the purchase of ‘‘commercial products’’, as de-
previously in this subsection shall be allowed the United States that is not made in America, fined by section 103 of title 41, United States
travel expenses and per diem as authorized the Secretary shall determine, in accordance Code, except that the restriction shall apply to
under the Federal Joint Travel Regulations, with section 4658 of title 10, United States Code, ball or roller bearings purchased as end items.
when engaged in the performance of member- whether the person should be debarred from SEC. 8034. In addition to any other funds
ship duties. contracting with the Department of Defense. made available for such purposes, there is ap-
(c) Notwithstanding any other provision of (c) In the case of any equipment or products propriated $93,500,000, for an additional amount
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law, none of the funds available to the depart- purchased with appropriations provided under for the ‘‘National Defense Stockpile Transaction
ment from any source during the current fiscal this Act, it is the sense of the Congress that any Fund’’, to remain available until September 30,
year may be used by a defense FFRDC, through entity of the Department of Defense, in expend- 2025, for activities pursuant to the Strategic and
a fee or other payment mechanism, for construc- ing the appropriation, purchase only American- Critical Materials Stock Piling Act (50 U.S.C. 98
tion of new buildings not located on a military made equipment and products, provided that et seq.): Provided, That none of the funds pro-
installation, for payment of cost sharing for American-made equipment and products are vided under this section may be obligated or ex-
projects funded by Government grants, for ab- cost-competitive, quality competitive, and avail- pended until 90 days after the Secretary of De-
sorption of contract overruns, or for certain able in a timely fashion. fense provides the Committees on Appropriations
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H10114 CONGRESSIONAL RECORD — HOUSE December 23, 2022
of the House of Representatives and the Senate SEC. 8041. The Secretary of Defense shall issue ment who is transferred or reassigned from a
a detailed execution plan for such funds. regulations to prohibit the sale of any tobacco headquarters activity if the member or employ-
SEC. 8035. None of the funds in this Act may or tobacco-related products in military resale ee’s place of duty remains at the location of that
be used to purchase any supercomputer which is outlets in the United States, its territories and headquarters.
not manufactured in the United States, unless possessions at a price below the most competitive (b) The Secretary of Defense or Secretary of a
the Secretary of Defense certifies to the congres- price in the local community: Provided, That military department may waive the limitations
sional defense committees that such an acquisi- such regulations shall direct that the prices of in subsection (a), on a case-by-case basis, if the
tion must be made in order to acquire capability tobacco or tobacco-related products in overseas Secretary determines, and certifies to the Com-
for national security purposes that is not avail- military retail outlets shall be within the range mittees on Appropriations of the House of Rep-
able from United States manufacturers. of prices established for military retail system resentatives and the Senate that the granting of
SEC. 8036. (a) The Secretary of Defense may, stores located in the United States. the waiver will reduce the personnel require-
on a case-by-case basis, waive with respect to a SEC. 8042. (a) During the current fiscal year, ments or the financial requirements of the de-
foreign country each limitation on the procure- none of the appropriations or funds available to partment.
ment of defense items from foreign sources pro- the Department of Defense Working Capital (c) This section does not apply to—
vided in law if the Secretary determines that the Funds shall be used for the purchase of an in- (1) field operating agencies funded within the
application of the limitation with respect to that vestment item for the purpose of acquiring a National Intelligence Program;
country would invalidate cooperative programs new inventory item for sale or anticipated sale (2) an Army field operating agency established
entered into between the Department of Defense during the current fiscal year or a subsequent to eliminate, mitigate, or counter the effects of
and the foreign country, or would invalidate re- fiscal year to customers of the Department of improvised explosive devices, and, as determined
ciprocal trade agreements for the procurement of Defense Working Capital Funds if such an item by the Secretary of the Army, other similar
defense items entered into under section 4851 of would not have been chargeable to the Depart- threats;
title 10, United States Code, and the country ment of Defense Business Operations Fund dur- (3) an Army field operating agency established
does not discriminate against the same or simi- ing fiscal year 1994 and if the purchase of such to improve the effectiveness and efficiencies of
lar defense items produced in the United States an investment item would be chargeable during biometric activities and to integrate common bio-
for that country. the current fiscal year to appropriations made metric technologies throughout the Department
(b) Subsection (a) applies with respect to— to the Department of Defense for procurement. of Defense; or
(1) contracts and subcontracts entered into on (b) The fiscal year 2024 budget request for the (4) an Air Force field operating agency estab-
or after the date of the enactment of this Act; Department of Defense as well as all justifica- lished to administer the Air Force Mortuary Af-
and tion material and other documentation sup- fairs Program and Mortuary Operations for the
(2) options for the procurement of items that porting the fiscal year 2024 Department of De- Department of Defense and authorized Federal
are exercised after such date under contracts fense budget shall be prepared and submitted to entities.
that are entered into before such date if the op- the Congress on the basis that any equipment SEC. 8046. (a) None of the funds appropriated
tion prices are adjusted for any reason other which was classified as an end item and funded by this Act shall be available to convert to con-
than the application of a waiver granted under in a procurement appropriation contained in tractor performance an activity or function of
subsection (a). this Act shall be budgeted for in a proposed fis-
(c) Subsection (a) does not apply to a limita- the Department of Defense that, on or after the
cal year 2024 procurement appropriation and date of the enactment of this Act, is performed
tion regarding construction of public vessels, not in the supply management business area or
ball and roller bearings, food, and clothing or by Department of Defense civilian employees
any other area or category of the Department of unless—
textile materials as defined by section XI (chap- Defense Working Capital Funds.
ters 50–65) of the Harmonized Tariff Schedule of (1) the conversion is based on the result of a
SEC. 8043. None of the funds appropriated by public-private competition that includes a most
the United States and products classified under this Act for programs of the Central Intelligence
headings 4010, 4202, 4203, 6401 through 6406, efficient and cost effective organization plan de-
Agency shall remain available for obligation be- veloped by such activity or function;
6505, 7019, 7218 through 7229, 7304.41 through yond the current fiscal year, except for funds
7304.49, 7306.40, 7502 through 7508, 8105, 8108, (2) the Competitive Sourcing Official deter-
appropriated for the Reserve for Contingencies, mines that, over all performance periods stated
8109, 8211, 8215, and 9404. which shall remain available until September 30,
SEC. 8037. None of the funds made available in in the solicitation of offers for performance of
2024: Provided, That funds appropriated, trans- the activity or function, the cost of performance
this Act, or any subsequent Act making appro-
ferred, or otherwise credited to the Central In- of the activity or function by a contractor would
priations for the Department of Defense, may be
telligence Agency Central Services Working be less costly to the Department of Defense by
used for the purchase or manufacture of a flag
Capital Fund during this or any prior or subse- an amount that equals or exceeds the lesser of—
of the United States unless such flags are treat-
quent fiscal year shall remain available until ex- (A) 10 percent of the most efficient organiza-
ed as covered items under section 4862(b) of title
pended: Provided further, That any funds ap- tion’s personnel-related costs for performance of
10, United States Code.
SEC. 8038. During the current fiscal year, propriated or transferred to the Central Intel- that activity or function by Federal employees;
amounts contained in the Department of De- ligence Agency for advanced research and de- or
fense Overseas Military Facility Investment Re- velopment acquisition, for agent operations, and (B) $10,000,000; and
covery Account shall be available until ex- for covert action programs authorized by the (3) the contractor does not receive an advan-
pended for the payments specified by section President under section 503 of the National Se- tage for a proposal that would reduce costs for
2687a(b)(2) of title 10, United States Code. curity Act of 1947 (50 U.S.C. 3093) shall remain the Department of Defense by—
SEC. 8039. During the current fiscal year, ap- available until September 30, 2024: Provided fur- (A) not making an employer-sponsored health
propriations which are available to the Depart- ther, That any funds appropriated or trans- insurance plan available to the workers who are
ment of Defense for operation and maintenance ferred to the Central Intelligence Agency for the to be employed in the performance of that activ-
may be used to purchase items having an invest- construction, improvement, or alteration of fa- ity or function under the contract; or
ment item unit cost of not more than $350,000: cilities, including leased facilities, to be used (B) offering to such workers an employer-
Provided, That upon determination by the Sec- primarily by personnel of the intelligence com- sponsored health benefits plan that requires the
retary of Defense that such action is necessary munity, shall remain available until September employer to contribute less towards the premium
to meet the operational requirements of a Com- 30, 2025. or subscription share than the amount that is
mander of a Combatant Command engaged in a (INCLUDING TRANSFER OF FUNDS) paid by the Department of Defense for health
named contingency operation overseas, such SEC. 8044. Of the funds appropriated in this benefits for civilian employees under chapter 89
funds may be used to purchase items having an Act under the heading ‘‘Operation and Mainte- of title 5, United States Code.
investment item unit cost of not more than nance, Defense-Wide’’, $47,000,000 shall be for (b)(1) The Department of Defense, without re-
$500,000. continued implementation and expansion of the gard to subsection (a) of this section or sub-
SEC. 8040. Up to $13,720,000 of the funds ap- Sexual Assault Special Victims’ Counsel Pro- section (a), (b), or (c) of section 2461 of title 10,
propriated under the heading ‘‘Operation and gram: Provided, That the funds are made avail- United States Code, and notwithstanding any
Maintenance, Navy’’ may be made available for able for transfer to the Department of the Army, administrative regulation, requirement, or policy
the Asia Pacific Regional Initiative Program for the Department of the Navy, and the Depart- to the contrary shall have full authority to
the purpose of enabling the United States Indo- ment of the Air Force: Provided further, That enter into a contract for the performance of any
Pacific Command to execute Theater Security funds transferred shall be merged with and commercial or industrial type function of the
Cooperation activities such as humanitarian as- available for the same purposes and for the Department of Defense that—
sistance, and payment of incremental and per- same time period as the appropriations to which (A) is included on the procurement list estab-
sonnel costs of training and exercising with for- the funds are transferred: Provided further, lished pursuant to section 2 of the Javits-Wag-
eign security forces: Provided, That funds made That this transfer authority is in addition to ner-O’Day Act (section 8503 of title 41, United
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available for this purpose may be used, notwith- any other transfer authority provided in this States Code);
standing any other funding authorities for hu- Act. (B) is planned to be converted to performance
manitarian assistance, security assistance or SEC. 8045. (a) Except as provided in sub- by a qualified nonprofit agency for the blind or
combined exercise expenses: Provided further, sections (b) and (c), none of the funds made by a qualified nonprofit agency for other se-
That funds may not be obligated to provide as- available by this Act may be used— verely handicapped individuals in accordance
sistance to any foreign country that is otherwise (1) to establish a field operating agency; or with that Act; or
prohibited from receiving such type of assistance (2) to pay the basic pay of a member of the (C) is planned to be converted to performance
under any other provision of law. Armed Forces or civilian employee of the depart- by a qualified firm under at least 51 percent
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10115
ownership by an Indian tribe, as defined in sec- partments, Combatant Commands and Defense has closed under the provisions of section 1552
tion 4(e) of the Indian Self-Determination and Agencies shall be available for reimbursement of of title 31, United States Code, and which has a
Education Assistance Act (25 U.S.C. 450b(e)), or pay, allowances and other expenses which negative unliquidated or unexpended balance,
a Native Hawaiian Organization, as defined in would otherwise be incurred against appropria- an obligation or an adjustment of an obligation
section 8(a)(15) of the Small Business Act (15 tions for the National Guard and Reserve when may be charged to any current appropriation
U.S.C. 637(a)(15)). members of the National Guard and Reserve account for the same purpose as the expired or
(2) This section shall not apply to depot con- provide intelligence or counterintelligence sup- closed account if—
tracts or contracts for depot maintenance as port to Combatant Commands, Defense Agencies (1) the obligation would have been properly
provided in sections 2469 and 2474 of title 10, and Joint Intelligence Activities, including the chargeable (except as to amount) to the expired
United States Code. activities and programs included within the Na- or closed account before the end of the period of
(c) The conversion of any activity or function tional Intelligence Program and the Military In- availability or closing of that account;
of the Department of Defense under the author- telligence Program: Provided, That nothing in (2) the obligation is not otherwise properly
ity provided by this section shall be credited to- this section authorizes deviation from estab- chargeable to any current appropriation ac-
ward any competitive or outsourcing goal, tar- lished Reserve and National Guard personnel count of the Department of Defense; and
get, or measurement that may be established by (3) in the case of an expired account, the obli-
and training procedures.
statute, regulation, or policy and is deemed to SEC. 8051. (a) None of the funds available to gation is not chargeable to a current appropria-
the Department of Defense for any fiscal year tion of the Department of Defense under the
be awarded under the authority of, and in com-
provisions of section 1405(b)(8) of the National
pliance with, subsection (h) of section 2304 of for drug interdiction or counter-drug activities
Defense Authorization Act for Fiscal Year 1991,
title 10, United States Code, for the competition may be transferred to any other department or
Public Law 101–510, as amended (31 U.S.C. 1551
or outsourcing of commercial activities. agency of the United States except as specifi-
note): Provided, That in the case of an expired
(RESCISSIONS) cally provided in an appropriations law.
account, if subsequent review or investigation
(b) None of the funds available to the Central
SEC. 8047. Of the funds appropriated in De- discloses that there was not in fact a negative
Intelligence Agency for any fiscal year for drug
partment of Defense Appropriations Acts, the unliquidated or unexpended balance in the ac-
interdiction or counter-drug activities may be
following funds are hereby rescinded from the count, any charge to a current account under
transferred to any other department or agency
following accounts and programs in the speci- the authority of this section shall be reversed
of the United States except as specifically pro-
fied amounts: Provided, That no amounts may and recorded against the expired account: Pro-
vided in an appropriations law.
be rescinded from amounts that were designated vided further, That the total amount charged to
SEC. 8052. In addition to the amounts appro-
by the Congress as an emergency requirement a current appropriation under this section may
priated or otherwise made available elsewhere in
pursuant to a concurrent resolution on the not exceed an amount equal to 1 percent of the
this Act, $49,000,000 is hereby appropriated to
budget or the Balanced Budget and Emergency total appropriation for that account:
the Department of Defense: Provided, That Provided, That the Under Secretary of Defense
Deficit Control Act of 1985:
upon the determination of the Secretary of De- (Comptroller) shall include with the budget of
‘‘Aircraft Procurement, Army’’, 2021/2023,
fense that it shall serve the national interest, the President for fiscal year 2024 (as submitted
$7,300,000;
the Secretary shall make grants in the amounts to Congress pursuant to section 1105 of title 31,
‘‘Other Procurement, Army’’, 2021/2023,
specified as follows: $24,000,000 to the United United States Code) a statement describing each
$3,177,000;
Service Organizations and $25,000,000 to the Red instance if any, during each of the fiscal years
‘‘Aircraft Procurement, Air Force’’, 2021/2023,
Cross. 2016 through 2023 in which the authority in this
$115,804,000;
SEC. 8053. Notwithstanding any other provi- section was exercised.
‘‘Operation and Maintenance, Defense-
sion in this Act, the Small Business Innovation SEC. 8057. (a) Notwithstanding any other pro-
Wide’’, 2022/2023, $105,000,000;
Research program and the Small Business Tech- vision of law, the Chief of the National Guard
‘‘Counter-ISIS Train and Equip Fund’’, 2022/
nology Transfer program set-asides shall be Bureau may permit the use of equipment of the
2023, $65,000,000;
taken proportionally from all programs, National Guard Distance Learning Project by
‘‘Aircraft Procurement, Army’’, 2022/2024,
projects, or activities to the extent they con- any person or entity on a space-available, reim-
$9,437,000;
tribute to the extramural budget. The Secretary bursable basis. The Chief of the National Guard
‘‘Other Procurement, Army’’, 2022/2024,
of each military department, the Director of Bureau shall establish the amount of reimburse-
$71,544,000;
each Defense Agency, and the head of each ment for such use on a case-by-case basis.
‘‘Shipbuilding and Conversion, Navy: CVN
other relevant component of the Department of (b) Amounts collected under subsection (a)
Refueling Overhauls’’, 2022/2026, $191,000,000;
Defense shall submit to the congressional de- shall be credited to funds available for the Na-
‘‘Shipbuilding and Conversion, Navy: Service
fense committees, concurrent with submission of tional Guard Distance Learning Project and be
Craft’’, 2022/2026, $6,092,000;
the budget justification documents to Congress available to defray the costs associated with the
‘‘Aircraft Procurement, Air Force’’, 2022/2024,
pursuant to section 1105 of title 31, United use of equipment of the project under that sub-
$205,568,000;
States Code, a report with a detailed accounting section. Such funds shall be available for such
‘‘Other Procurement, Air Force’’, 2022/2024,
of the Small Business Innovation Research pro- purposes without fiscal year limitation.
$9,100,000; SEC. 8058. (a) None of the funds appropriated
‘‘Procurement, Space Force’’, 2022/2024, gram and the Small Business Technology Trans-
fer program set-asides taken from programs, or otherwise made available by this or prior Acts
$7,000,000; may be obligated or expended to retire, prepare
‘‘Research, Development, Test and Evalua- projects, or activities within such department,
agency, or component during the most recently to retire, or place in storage or on backup air-
tion, Army’’, 2022/2023, $26,700,000; craft inventory status any C–40 aircraft.
‘‘Research, Development, Test and Evalua- completed fiscal year.
SEC. 8054. None of the funds available to the (b) The limitation under subsection (a) shall
tion, Air Force’’, 2022/2023, $117,727,000; not apply to an individual C–40 aircraft that the
‘‘Research, Development, Test and Evalua- Department of Defense under this Act shall be
obligated or expended to pay a contractor under Secretary of the Air Force determines, on a case-
tion, Space Force’’, 2022/2023, $113,400,000; and by-case basis, to be no longer mission capable
‘‘Defense Counterintelligence and Security a contract with the Department of Defense for
costs of any amount paid by the contractor to due to a Class A mishap.
Agency Working Capital Fund’’, XXXX/XXXX, (c) If the Secretary determines under sub-
$30,000,000. an employee when—
(1) such costs are for a bonus or otherwise in section (b) that an aircraft is no longer mission
SEC. 8048. None of the funds available in this capable, the Secretary shall submit to the con-
Act may be used to reduce the authorized posi- excess of the normal salary paid by the con-
tractor to the employee; and gressional defense committees a certification in
tions for military technicians (dual status) of writing that the status of such aircraft is due to
the Army National Guard, Air National Guard, (2) such bonus is part of restructuring costs
associated with a business combination. a Class A mishap and not due to lack of mainte-
Army Reserve and Air Force Reserve for the nance, repairs, or other reasons.
purpose of applying any administratively im- (INCLUDING TRANSFER OF FUNDS) (d) Not later than 90 days after the date of the
posed civilian personnel ceiling, freeze, or reduc- SEC. 8055. During the current fiscal year, no enactment of this Act, the Secretary of Defense
tion on military technicians (dual status), un- more than $30,000,000 of appropriations made in shall submit to the congressional defense com-
less such reductions are a direct result of a re- this Act under the heading ‘‘Operation and mittees a report on the necessary steps taken by
duction in military force structure. Maintenance, Defense-Wide’’ may be trans- the Department of Defense to meet the travel re-
SEC. 8049. None of the funds appropriated or ferred to appropriations available for the pay of quirements for official or representational duties
otherwise made available in this Act may be ob- military personnel, to be merged with, and to be of members of Congress and the Cabinet in fiscal
ligated or expended for assistance to the Demo- available for the same time period as the appro- years 2023 and 2024.
cratic People’s Republic of Korea unless specifi- priations to which transferred, to be used in SEC. 8059. (a) None of the funds appropriated
cally appropriated for that purpose: Provided, support of such personnel in connection with in title IV of this Act may be used to procure
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That this restriction shall not apply to any ac- support and services for eligible organizations end-items for delivery to military forces for oper-
tivities incidental to the Defense POW/MIA Ac- and activities outside the Department of Defense ational training, operational use, or inventory
counting Agency mission to recover and identify pursuant to section 2012 of title 10, United requirements: Provided, That this restriction
the remains of United States Armed Forces per- States Code. does not apply to end-items used in develop-
sonnel from the Democratic People’s Republic of SEC. 8056. During the current fiscal year, in ment, prototyping in accordance with an ap-
Korea. the case of an appropriation account of the De- proved test strategy, and test activities pre-
SEC. 8050. Funds appropriated in this Act for partment of Defense for which the period of ceding and leading to acceptance for oper-
operation and maintenance of the Military De- availability for obligation has expired or which ational use.
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H10116 CONGRESSIONAL RECORD — HOUSE December 23, 2022
(b) If the number of end-items budgeted with and a United States military nomenclature des- (1) provide the proposed alternatives to all af-
funds appropriated in title IV of this Act ex- ignation of ‘‘armor penetrator’’, ‘‘armor piercing fected agencies;
ceeds the number required in an approved test (AP)’’, ‘‘armor piercing incendiary (API)’’, or (2) receive certification from all affected agen-
strategy, the Under Secretary of Defense (Re- ‘‘armor-piercing incendiary tracer (API–T)’’, ex- cies attesting that the proposed alternatives will
search and Engineering) and the Under Sec- cept to an entity performing demilitarization help achieve auditability, improve fiscal report-
retary of Defense (Acquisition and services for the Department of Defense under a ing, and will not adversely affect counterintel-
Sustainment), in coordination with the respon- contract that requires the entity to demonstrate ligence; and
sible Service Acquisition Executive, shall certify to the satisfaction of the Department of Defense (3) not later than 30 days after receiving all
in writing to the congressional defense commit- that armor piercing projectiles are either: (1) necessary certifications under paragraph (2),
tees that there is a bonafide need for the addi- rendered incapable of reuse by the demilitariza- present the proposed alternatives and certifi-
tional end-items at the time of submittal to Con- tion process; or (2) used to manufacture ammu- cations to the congressional defense and intel-
gress of the budget of the President for fiscal nition pursuant to a contract with the Depart- ligence committees.
year 2024 pursuant to section 1105 of title 31, ment of Defense or the manufacture of ammuni- (INCLUDING TRANSFER OF FUNDS)
United States Code: Provided, That this restric- tion for export pursuant to a License for Perma-
SEC. 8068. In addition to amounts made avail-
tion does not apply to programs funded within nent Export of Unclassified Military Articles
able elsewhere in this Act, $200,000,000 is hereby
the National Intelligence Program. issued by the Department of State.
(c) The Secretary of Defense shall, at the time SEC. 8065. Notwithstanding any other provi- appropriated to the Department of Defense and
of the submittal to Congress of the budget of the sion of law, the Chief of the National Guard made available for transfer to operation and
President for fiscal year 2024 pursuant to sec- Bureau, or their designee, may waive payment maintenance accounts, procurement accounts,
tion 1105 of title 31, United States Code, submit of all or part of the consideration that otherwise and research, development, test and evaluation
to the congressional defense committees a report would be required under section 2667 of title 10, accounts only for those efforts by the United
detailing the use of funds requested in research, United States Code, in the case of a lease of per- States Africa Command or United States South-
development, test and evaluation accounts for sonal property for a period not in excess of 1 ern Command to expand cooperation or improve
end-items used in development, prototyping and year to any organization specified in section the capabilities of our allies and partners in
test activities preceding and leading to accept- 508(d) of title 32, United States Code, or any their areas of operation: Provided, That none of
ance for operational use: Provided, That the re- other youth, social, or fraternal nonprofit orga- the funds provided under this section may be
port shall set forth, for each end item covered by nization as may be approved by the Chief of the obligated or expended until 60 days after the
the preceding proviso, a detailed list of the stat- National Guard Bureau, or their designee, on a Secretary of Defense provides to the congres-
utory authorities under which amounts in the case-by-case basis. sional defense committees an execution plan:
accounts described in that proviso were used for Provided further, That not less than 30 days
(INCLUDING TRANSFER OF FUNDS)
such item: Provided further, That the Secretary prior to any transfer of funds, the Secretary of
SEC. 8066. Of the amounts appropriated in this Defense shall notify the congressional defense
of Defense shall, at the time of the submittal to Act under the heading ‘‘Operation and Mainte-
Congress of the budget of the President for fiscal committees of the details of any such transfer:
nance, Army’’, $158,967,374 shall remain avail- Provided further, That upon transfer, the funds
year 2024 pursuant to section 1105 of title 31, able until expended: Provided, That, notwith-
United States Code, submit to the congressional shall be merged with and available for the same
standing any other provision of law, the Sec- purposes, and for the same time period, as the
defense committees a certification that funds re- retary of Defense is authorized to transfer such
quested for fiscal year 2024 in research, develop- appropriation to which transferred: Provided
funds to other activities of the Federal Govern- further, That the transfer authority provided
ment, test and evaluation accounts are in com- ment: Provided further, That the Secretary of
pliance with this section: Provided further, That under this section is in addition to any other
Defense is authorized to enter into and carry transfer authority provided elsewhere in this
the Secretary of Defense may waive this restric- out contracts for the acquisition of real prop-
tion on a case-by-case basis by certifying in Act.
erty, construction, personal services, and oper-
writing to the Committees on Appropriations of (INCLUDING TRANSFER OF FUNDS)
ations related to projects carrying out the pur-
the House of Representatives and the Senate poses of this section: Provided further, That SEC. 8069. During the current fiscal year, not
that it is in the national security interest to do contracts entered into under the authority of to exceed $11,000,000 from each of the appropria-
so. this section may provide for such indemnifica- tions made in title II of this Act for ‘‘Operation
SEC. 8060. None of the funds appropriated or tion as the Secretary determines to be necessary: and Maintenance, Army’’, ‘‘Operation and
otherwise made available by this or other De- Provided further, That projects authorized by Maintenance, Navy’’, and ‘‘Operation and
partment of Defense Appropriations Acts may be this section shall comply with applicable Fed- Maintenance, Air Force’’ may be transferred by
obligated or expended for the purpose of per- eral, State, and local law to the maximum extent the military department concerned to its central
forming repairs or maintenance to military fam- consistent with the national security, as deter- fund established for Fisher Houses and Suites
ily housing units of the Department of Defense, mined by the Secretary of Defense. pursuant to section 2493(d) of title 10, United
including areas in such military family housing SEC. 8067. (a) None of the funds appropriated States Code.
units that may be used for the purpose of con- in this or any other Act may be used to take any (INCLUDING TRANSFER OF FUNDS)
ducting official Department of Defense business. action to modify—
SEC. 8061. Notwithstanding any other provi- SEC. 8070. Of the amounts appropriated for
(1) the appropriations account structure for
sion of law, funds appropriated in this Act ‘‘Operation and Maintenance, Navy’’, up to
the National Intelligence Program budget, in-
under the heading ‘‘Research, Development, $1,000,000 shall be available for transfer to the
cluding through the creation of a new appro-
Test and Evaluation, Defense-Wide’’ for any John C. Stennis Center for Public Service Devel-
priation or new appropriation account;
new start defense innovation acceleration or opment Trust Fund established under section
(2) how the National Intelligence Program
rapid prototyping program demonstration 116 of the John C. Stennis Center for Public
budget request is presented in the unclassified
project with a value of more than $5,000,000 may Service Training and Development Act (2 U.S.C.
P–1, R–1, and O–1 documents supporting the De-
only be obligated 15 days after a report, includ- 1105).
partment of Defense budget request;
ing a description of the project, the planned ac- (3) the process by which the National Intel- SEC. 8071. None of the funds available to the
quisition and transition strategy and its esti- ligence Program appropriations are apportioned Department of Defense may be obligated to mod-
mated annual and total cost, has been provided to the executing agencies; or ify command and control relationships to give
in writing to the congressional defense commit- (4) the process by which the National Intel- Fleet Forces Command operational and adminis-
tees: Provided, That the Secretary of Defense ligence Program appropriations are allotted, ob- trative control of United States Navy forces as-
may waive this restriction on a case-by-case ligated and disbursed. signed to the Pacific fleet: Provided, That the
basis by certifying to the congressional defense (b) Nothing in subsection (a) shall be con- command and control relationships which ex-
committees that it is in the national interest to strued to prohibit the merger of programs or isted on October 1, 2004, shall remain in force
do so. changes to the National Intelligence Program until a written modification has been proposed
SEC. 8062. The Secretary of Defense shall con- budget at or below the Expenditure Center level, to the Committees on Appropriations of the
tinue to provide a classified quarterly report to provided such change is otherwise in accord- House of Representatives and the Senate: Pro-
the Committees on Appropriations of the House ance with paragraphs (1)–(3) of subsection (a). vided further, That the proposed modification
of Representatives and the Senate, Subcommit- (c) The Director of National Intelligence and may be implemented 30 days after the notifica-
tees on Defense on certain matters as directed in the Secretary of Defense may jointly, only for tion unless an objection is received from either
the classified annex accompanying this Act. the purposes of achieving auditable financial the House or Senate Appropriations Committees:
SEC. 8063. Notwithstanding section 12310(b) of statements and improving fiscal reporting, study Provided further, That any proposed modifica-
title 10, United States Code, a Reserve who is a and develop detailed proposals for alternative fi- tion shall not preclude the ability of the com-
member of the National Guard serving on full- nancial management processes. Such study shall mander of United States Indo-Pacific Command
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time National Guard duty under section 502(f) include a comprehensive counterintelligence risk to meet operational requirements.
of title 32, United States Code, may perform du- assessment to ensure that none of the alter- SEC. 8072. Any notice that is required to be
ties in support of the ground-based elements of native processes will adversely affect counter- submitted to the Committees on Appropriations
the National Ballistic Missile Defense System. intelligence. of the House of Representatives and the Senate
SEC. 8064. None of the funds provided in this (d) Upon development of the detailed pro- under section 3601 of title 10, United States
Act may be used to transfer to any nongovern- posals defined under subsection (c), the Director Code, as added by section 804(a) of the James M.
mental entity ammunition held by the Depart- of National Intelligence and the Secretary of Inhofe National Defense Authorization Act for
ment of Defense that has a center-fire cartridge Defense shall— Fiscal Year 2023, after the date of the enactment
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10117
of this Act shall be submitted pursuant to that (15) Under the heading ‘‘Shipbuilding and SEC. 8082. (a) None of the funds appropriated
requirement concurrently to the Subcommittees Conversion, Navy’’, 2018/2023: DDG–51 De- by this Act may be used to transfer research and
on Defense of the Committees on Appropriations stroyer, $5,930,000; development, acquisition, or other program au-
of the House of Representatives and the Senate. (16) Under the heading ‘‘Shipbuilding and thority relating to current tactical unmanned
(INCLUDING TRANSFER OF FUNDS) Conversion, Navy’’, 2018/2023: Littoral Combat aerial vehicles (TUAVs) from the Army.
SEC. 8073. Of the amounts appropriated in this Ship, $9,538,000; (b) The Army shall retain responsibility for
(17) Under the heading ‘‘Shipbuilding and and operational control of the MQ–1C Gray
Act under the headings ‘‘Procurement, Defense-
Conversion, Navy’’, 2018/2023: TAO Fleet Oiler, Eagle Unmanned Aerial Vehicle (UAV) in order
Wide’’ and ‘‘Research, Development, Test and
$12,500,000; to support the Secretary of Defense in matters
Evaluation, Defense-Wide’’, $500,000,000 shall be (18) Under the heading ‘‘Shipbuilding and
for the Israeli Cooperative Programs: Provided, relating to the employment of unmanned aerial
Conversion, Navy’’, 2018/2023: Towing, Salvage, vehicles.
That of this amount, $80,000,000 shall be for the and Rescue Ship Program, $2,800,000;
Secretary of Defense to provide to the Govern- SEC. 8083. None of the funds appropriated by
(19) Under the heading ‘‘Shipbuilding and this Act for programs of the Office of the Direc-
ment of Israel for the procurement of the Iron Conversion, Navy’’, 2019/2023: Littoral Combat
Dome defense system to counter short-range tor of National Intelligence shall remain avail-
Ship, $6,983,000; able for obligation beyond the current fiscal
rocket threats, subject to the U.S.-Israel Iron (20) Under the heading ‘‘Shipbuilding and
Dome Procurement Agreement, as amended; year, except for funds appropriated for research
Conversion, Navy’’, 2019/2023: TAO Fleet Oiler,
$127,000,000 shall be for the Short Range Bal- and technology, which shall remain available
$106,400,000;
listic Missile Defense (SRBMD) program, includ- (21) Under the heading ‘‘Shipbuilding and until September 30, 2024, and except for funds
ing cruise missile defense research and develop- Conversion, Navy’’, 2019/2023: Towing, Salvage, appropriated for the purchase of real property,
ment under the SRBMD program; $40,000,000 and Rescue Ship Program, $2,450,000; which shall remain available until September 30,
shall be for co-production activities of SRBMD (22) Under the heading ‘‘Shipbuilding and 2025.
systems in the United States and in Israel to Conversion, Navy’’, 2021/2023: Virginia Class SEC. 8084. For purposes of section 1553(b) of
meet Israel’s defense requirements consistent Submarine Program, $200,000,000; and title 31, United States Code, any subdivision of
with each nation’s laws, regulations, and proce- (23) Under the heading ‘‘Shipbuilding and appropriations made in this Act under the head-
dures, subject to the U.S.-Israeli co-production Conversion, Navy’’, 2021/2023: Towing, Salvage, ing ‘‘Shipbuilding and Conversion, Navy’’ shall
agreement for SRBMD, as amended; $80,000,000 and Rescue Ship Program, $15,727,000. be considered to be for the same purpose as any
shall be for an upper-tier component to the SEC. 8075. Funds appropriated by this Act, or subdivision under the heading ‘‘Shipbuilding
Israeli Missile Defense Architecture, of which made available by the transfer of funds in this and Conversion, Navy’’ appropriations in any
$80,000,000 shall be for co-production activities Act, for intelligence activities and intelligence- prior fiscal year, and the 1 percent limitation
of Arrow 3 Upper Tier systems in the United related activities not otherwise authorized in the shall apply to the total amount of the appro-
States and in Israel to meet Israel’s defense re- Intelligence Authorization Act for Fiscal Year priation.
quirements consistent with each nation’s laws, 2023 are deemed to be specifically authorized by SEC. 8085. (a) Not later than 60 days after the
regulations, and procedures, subject to the U.S.- the Congress for purposes of section 504 of the date of enactment of this Act, the Director of
Israeli co-production agreement for Arrow 3 National Security Act of 1947 (50 U.S.C. 3094). National Intelligence shall submit a report to
Upper Tier, as amended; and $173,000,000 shall SEC. 8076. None of the funds provided in this the congressional intelligence committees to es-
be for the Arrow System Improvement Program Act shall be available for obligation or expendi- tablish the baseline for application of re-
including development of a long range, ground ture through a reprogramming of funds that cre- programming and transfer authorities for fiscal
and airborne, detection suite: Provided further, ates or initiates a new program, project, or ac- year 2023: Provided, That the report shall in-
That the transfer authority provided under this tivity unless such program, project, or activity clude—
provision is in addition to any other transfer must be undertaken immediately in the interest (1) a table for each appropriation with a sepa-
authority contained in this Act. of national security and only after written prior rate column to display the President’s budget re-
SEC. 8074. Of the amounts appropriated in this notification to the congressional defense com- quest, adjustments made by Congress, adjust-
Act under the heading ‘‘Shipbuilding and Con- mittees. ments due to enacted rescissions, if appropriate,
version, Navy’’, $1,312,646,000 shall be available SEC. 8077. In addition to amounts provided and the fiscal year enacted level;
until September 30, 2023, to fund prior year ship- elsewhere in this Act, $5,000,000 is hereby appro- (2) a delineation in the table for each appro-
building cost increases for the following pro- priated to the Department of Defense, to remain priation by Expenditure Center and project; and
grams: available for obligation until expended: Pro- (3) an identification of items of special con-
(1) Under the heading ‘‘Shipbuilding and vided, That notwithstanding any other provi- gressional interest.
Conversion, Navy’’, 2013/2023: Carrier Replace- sion of law, that upon the determination of the (b) None of the funds provided for the Na-
ment Program, $461,700,000; Secretary of Defense that it shall serve the na- tional Intelligence Program in this Act shall be
(2) Under the heading ‘‘Shipbuilding and tional interest, these funds shall be available available for reprogramming or transfer until
Conversion, Navy’’, 2015/2023: Virginia Class only for a grant to the Fisher House Founda- the report identified in subsection (a) is sub-
Submarine Program, $46,060,000; tion, Inc., only for the construction and fur- mitted to the congressional intelligence commit-
(3) Under the heading ‘‘Shipbuilding and nishing of additional Fisher Houses to meet the tees, unless the Director of National Intelligence
Conversion, Navy’’, 2015/2023: DDG–51 De- needs of military family members when con- certifies in writing to the congressional intel-
stroyer, $30,231,000; fronted with the illness or hospitalization of an ligence committees that such reprogramming or
(4) Under the heading ‘‘Shipbuilding and eligible military beneficiary. transfer is necessary as an emergency require-
Conversion, Navy’’, 2015/2023: Littoral Combat SEC. 8078. None of the funds in this Act may ment.
Ship, $4,250,000; be used for research, development, test, evalua- SEC. 8086. Any transfer of amounts appro-
(5) Under the heading ‘‘Shipbuilding and tion, procurement or deployment of nuclear priated to the Department of Defense Acquisi-
Conversion, Navy’’, 2016/2023: DDG–51 De- armed interceptors of a missile defense system. tion Workforce Development Account in or for
stroyer, $24,238,000; SEC. 8079. None of the funds made available fiscal year 2023 to a military department or De-
(6) Under the heading ‘‘Shipbuilding and by this Act may be obligated or expended for the fense Agency pursuant to section 1705(e)(1) of
Conversion, Navy’’, 2016/2023: Virginia Class purpose of decommissioning the USS Fort title 10, United States Code, shall be covered by
Submarine Program, $58,642,000; Worth, the USS Wichita, the USS Billings, the
(7) Under the heading ‘‘Shipbuilding and and subject to section 8005 of this Act.
USS Indianapolis, or the USS St. Louis. SEC. 8087. (a) None of the funds provided for
Conversion, Navy’’, 2016/2023: TAO Fleet Oiler, SEC. 8080. None of the funds appropriated or the National Intelligence Program in this or any
$9,200,000; made available in this Act shall be used to re-
(8) Under the heading ‘‘Shipbuilding and prior appropriations Act shall be available for
duce or disestablish the operation of the 53rd obligation or expenditure through a reprogram-
Conversion, Navy’’, 2016/2023: Littoral Combat
Weather Reconnaissance Squadron of the Air ming or transfer of funds in accordance with
Ship, $18,000,000;
(9) Under the heading ‘‘Shipbuilding and Force Reserve, if such action would reduce the section 102A(d) of the National Security Act of
Conversion, Navy’’, 2016/2023: CVN Refueling WC–130 Weather Reconnaissance mission below 1947 (50 U.S.C. 3024(d)) that—
Overhauls, $62,000,000; the levels funded in this Act: Provided, That the (1) creates a new start effort;
(10) Under the heading ‘‘Shipbuilding and Air Force shall allow the 53rd Weather Recon- (2) terminates a program with appropriated
Conversion, Navy’’, 2016/2023: Towing, Salvage, naissance Squadron to perform other missions in funding of $10,000,000 or more;
and Rescue Ship Program, $1,750,000; support of national defense requirements during (3) transfers funding into or out of the Na-
(11) Under the heading ‘‘Shipbuilding and the non-hurricane season. tional Intelligence Program; or
Conversion, Navy’’, 2017/2023: DDG–51 De- SEC. 8081. None of the funds provided in this (4) transfers funding between appropriations,
stroyer, $168,178,000; Act shall be available for integration of foreign unless the congressional intelligence committees
(12) Under the heading ‘‘Shipbuilding and intelligence information unless the information are notified 30 days in advance of such re-
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Conversion, Navy’’, 2017/2023: LPD–17, has been lawfully collected and processed dur- programming of funds; this notification period
$17,739,000; ing the conduct of authorized foreign intel- may be reduced for urgent national security re-
(13) Under the heading ‘‘Shipbuilding and ligence activities: Provided, That information quirements.
Conversion, Navy’’, 2017/2023: LHA Replacement pertaining to United States persons shall only (b) None of the funds provided for the Na-
Program, $19,300,000; be handled in accordance with protections pro- tional Intelligence Program in this or any prior
(14) Under the heading ‘‘Shipbuilding and vided in the Fourth Amendment of the United appropriations Act shall be available for obliga-
Conversion, Navy’’, 2017/2023: Littoral Combat States Constitution as implemented through Ex- tion or expenditure through a reprogramming or
Ship, $29,030,000; ecutive Order No. 12333. transfer of funds in accordance with section
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H10118 CONGRESSIONAL RECORD — HOUSE December 23, 2022
102A(d) of the National Security Act of 1947 (50 gress, and simultaneously make public, any de- of 1978 for the purpose of targeting a United
U.S.C. 3024(d)) that results in a cumulative in- termination under this subsection not less than States person; or
crease or decrease of the levels specified in the 15 business days before the contract or sub- (2) acquire, monitor, or store the contents (as
classified annex accompanying the Act unless contract addressed in the determination may be such term is defined in section 2510(8) of title 18,
the congressional intelligence committees are no- awarded. United States Code) of any electronic commu-
tified 30 days in advance of such reprogramming (INCLUDING TRANSFER OF FUNDS) nication of a United States person from a pro-
of funds; this notification period may be re- SEC. 8090. From within the funds appropriated vider of electronic communication services to the
duced for urgent national security requirements. for operation and maintenance for the Defense public pursuant to section 501 of the Foreign In-
SEC. 8088. (a) Any agency receiving funds Health Program in this Act, up to $168,000,000, telligence Surveillance Act of 1978.
made available in this Act, shall, subject to sub- shall be available for transfer to the Joint De- SEC. 8097. None of the funds made available in
sections (b) and (c), post on the public Web site partment of Defense-Department of Veterans Af- this or any other Act may be used to pay the
of that agency any report required to be sub- fairs Medical Facility Demonstration Fund in salary of any officer or employee of any agency
mitted by the Congress in this or any other Act, accordance with the provisions of section 1704 of funded by this Act who approves or implements
upon the determination by the head of the agen- the National Defense Authorization Act for Fis- the transfer of administrative responsibilities or
cy that it shall serve the national interest. cal Year 2010, Public Law 111–84: Provided, budgetary resources of any program, project, or
(b) Subsection (a) shall not apply to a report That for purposes of section 1704(b), the facility activity financed by this Act to the jurisdiction
if— operations funded are operations of the inte- of another Federal agency not financed by this
(1) the public posting of the report com- grated Captain James A. Lovell Federal Health Act without the express authorization of Con-
promises national security; or Care Center, consisting of the North Chicago gress: Provided, That this limitation shall not
(2) the report contains proprietary informa- Veterans Affairs Medical Center, the Navy Am- apply to transfers of funds expressly provided
tion. bulatory Care Center, and supporting facilities for in Defense Appropriations Acts, or provi-
(c) The head of the agency posting such re-
designated as a combined Federal medical facil- sions of Acts providing supplemental appropria-
port shall do so only after such report has been ity as described by section 706 of Public Law tions for the Department of Defense.
made available to the requesting Committee or 110–417: Provided further, That additional funds SEC. 8098. Of the amounts appropriated in this
Committees of Congress for no less than 45 days. may be transferred from funds appropriated for Act for ‘‘Operation and Maintenance, Navy’’,
SEC. 8089. (a) None of the funds appropriated
operation and maintenance for the Defense $589,325,000, to remain available until expended,
or otherwise made available by this Act may be
Health Program to the Joint Department of De- may be used for any purposes related to the Na-
expended for any Federal contract for an fense-Department of Veterans Affairs Medical tional Defense Reserve Fleet established under
amount in excess of $1,000,000, unless the con- Facility Demonstration Fund upon written noti- section 11 of the Merchant Ship Sales Act of
tractor agrees not to— fication by the Secretary of Defense to the Com-
(1) enter into any agreement with any of its 1946 (46 U.S.C. 57100): Provided, That such
mittees on Appropriations of the House of Rep- amounts are available for reimbursements to the
employees or independent contractors that re-
resentatives and the Senate. Ready Reserve Force, Maritime Administration
quires, as a condition of employment, that the SEC. 8091. None of the funds appropriated or
employee or independent contractor agree to re- account of the United States Department of
otherwise made available by this Act may be Transportation for programs, projects, activities,
solve through arbitration any claim under title used by the Department of Defense or a compo-
VII of the Civil Rights Act of 1964 or any tort re- and expenses related to the National Defense
nent thereof in contravention of the provisions Reserve Fleet.
lated to or arising out of sexual assault or har- of section 130h of title 10, United States Code.
assment, including assault and battery, inten- SEC. 8099. None of the funds made available
SEC. 8092. Appropriations available to the De-
tional infliction of emotional distress, false im- by this Act may be used for Government Travel
partment of Defense may be used for the pur-
prisonment, or negligent hiring, supervision, or Charge Card expenses by military or civilian
chase of heavy and light armored vehicles for
retention; or personnel of the Department of Defense for gam-
the physical security of personnel or for force
(2) take any action to enforce any provision of ing, or for entertainment that includes topless or
protection purposes up to a limit of $450,000 per
an existing agreement with an employee or inde- nude entertainers or participants, as prohibited
vehicle, notwithstanding price or other limita-
pendent contractor that mandates that the em- by Department of Defense FMR, Volume 9,
tions applicable to the purchase of passenger
ployee or independent contractor resolve Chapter 3 and Department of Defense Instruc-
carrying vehicles.
through arbitration any claim under title VII of tion 1015.10 (enclosure 3, 14a and 14b).
(INCLUDING TRANSFER OF FUNDS)
the Civil Rights Act of 1964 or any tort related SEC. 8100. (a) None of the funds provided in
SEC. 8093. Upon a determination by the Direc- this Act for the TAO Fleet Oiler program shall
to or arising out of sexual assault or harass-
tor of National Intelligence that such action is be used to award a new contract that provides
ment, including assault and battery, intentional necessary and in the national interest, the Di-
infliction of emotional distress, false imprison- for the acquisition of the following components
rector may, with the approval of the Office of unless those components are manufactured in
ment, or negligent hiring, supervision, or reten- Management and Budget, transfer not to exceed
tion. the United States: Auxiliary equipment (includ-
$1,500,000,000 of the funds made available in this ing pumps) for shipboard services; propulsion
(b) None of the funds appropriated or other-
Act for the National Intelligence Program: Pro- equipment (including engines, reduction gears,
wise made available by this Act may be ex- vided, That such authority to transfer may not
pended for any Federal contract unless the con- and propellers); shipboard cranes; spreaders for
be used unless for higher priority items, based shipboard cranes; and anchor chains, specifi-
tractor certifies that it requires each covered on unforeseen intelligence requirements, than
subcontractor to agree not to enter into, and not cally for the seventh and subsequent ships of
those for which originally appropriated and in the fleet.
to take any action to enforce any provision of, no case where the item for which funds are re-
any agreement as described in paragraphs (1) (b) None of the funds provided in this Act for
quested has been denied by the Congress: Pro-
and (2) of subsection (a), with respect to any the FFG(X) Frigate program shall be used to
vided further, That a request for multiple
employee or independent contractor performing award a new contract that provides for the ac-
reprogrammings of funds using authority pro-
work related to such subcontract. For purposes quisition of the following components unless
vided in this section shall be made prior to June
of this subsection, a ‘‘covered subcontractor’’ is those components are manufactured in the
30, 2023.
an entity that has a subcontract in excess of SEC. 8094. Of the amounts appropriated in this United States: Air circuit breakers; gyro-
$1,000,000 on a contract subject to subsection Act for ‘‘Shipbuilding and Conversion, Navy’’, compasses; electronic navigation chart systems;
(a). $133,000,000, to remain available for obligation steering controls; pumps; propulsion and ma-
(c) The prohibitions in this section do not until September 30, 2027, may be used for the chinery control systems; totally enclosed life-
apply with respect to a contractor’s or sub- purchase of two used sealift vessels for the Na- boats; auxiliary equipment pumps; shipboard
contractor’s agreements with employees or inde- tional Defense Reserve Fleet, established under cranes; auxiliary chill water systems; and pro-
pendent contractors that may not be enforced in section 11 of the Merchant Ship Sales Act of pulsion propellers: Provided, That the Secretary
a court of the United States. 1946 (46 U.S.C. 57100): Provided, That such of the Navy shall incorporate United States
(d) The Secretary of Defense may waive the amounts are available for reimbursements to the manufactured propulsion engines and propul-
application of subsection (a) or (b) to a par- Ready Reserve Force, Maritime Administration sion reduction gears into the FFG(X) Frigate
ticular contractor or subcontractor for the pur- account of the United States Department of program beginning not later than with the elev-
poses of a particular contract or subcontract if Transportation for programs, projects, activities, enth ship of the program.
the Secretary or the Deputy Secretary person- and expenses related to the National Defense SEC. 8101. None of the funds provided in this
ally determines that the waiver is necessary to Reserve Fleet: Provided further, That notwith- Act for requirements development, performance
avoid harm to national security interests of the standing section 2218 of title 10, United States specification development, concept design and
United States, and that the term of the contract Code, none of these funds shall be transferred to development, ship configuration development,
or subcontract is not longer than necessary to the National Defense Sealift Fund for execution. systems engineering, naval architecture, marine
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avoid such harm. The determination shall set SEC. 8095. The Secretary of Defense shall post engineering, operations research analysis, in-
forth with specificity the grounds for the waiver grant awards on a public website in a search- dustry studies, preliminary design, development
and for the contract or subcontract term se- able format. of the Detailed Design and Construction Re-
lected, and shall state any alternatives consid- SEC. 8096. None of the funds made available quest for Proposals solicitation package, or re-
ered in lieu of a waiver and the reasons each by this Act may be used by the National Secu- lated activities for the T–ARC(X) Cable Laying
such alternative would not avoid harm to na- rity Agency to— and Repair Ship or the T–AGOS(X) Oceano-
tional security interests of the United States. (1) conduct an acquisition pursuant to section graphic Surveillance Ship may be used to award
The Secretary of Defense shall transmit to Con- 702 of the Foreign Intelligence Surveillance Act a new contract for such activities unless these
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10119
contracts include specifications that all auxil- (3) Maritime Tactical Command and Control port to the military and national security forces
iary equipment, including pumps and propul- (PE 0608231N); of Ukraine, and to other forces or groups recog-
sion shafts, are manufactured in the United (4) Space Command & Control (PE 1208248SF); nized by and under the authority of the Govern-
States. (5) National Background Investigation Serv- ment of Ukraine, including governmental enti-
SEC. 8102. No amounts credited or otherwise ices (PE 0608197V); ties within Ukraine, engaged in resisting Rus-
made available in this or any other Act to the (6) Global Command and Control System (PE sian aggression against Ukraine, for replace-
Department of Defense Acquisition Workforce 0303150K); and ment of any weapons or articles provided to the
Development Account may be transferred to: (7) Acquisition Visibility (PE 0608648D8Z). Government of Ukraine from the inventory of
(1) the Rapid Prototyping Fund established (b) None of the funds appropriated by this or the United States, and to recover or dispose of
under section 804(d) of the National Defense prior Department of Defense Appropriations equipment procured using funds made available
Authorization Act for Fiscal Year 2016 (10 Acts may be obligated or expended to initiate in this section in this or prior Acts: Provided
U.S.C. 2302 note); or additional Software and Digital Technology further, That the Secretary of Defense shall, not
(2) credited to a military-department specific Pilot Programs in fiscal year 2023. less than 15 days prior to obligating funds made
fund established under section 804(d)(2) of the SEC. 8108. In addition to amounts provided available in this section, notify the congres-
National Defense Authorization Act for Fiscal elsewhere in this Act, there is appropriated sional defense committees in writing of the de-
Year 2016 (as amended by section 897 of the Na- $686,500,000, for an additional amount for ‘‘Op- tails of any such obligation: Provided further,
tional Defense Authorization Act for Fiscal eration and Maintenance, Defense-Wide’’, to re- That the Secretary of Defense shall, not more
Year 2017). main available until expended: Provided, That than 60 days after such notification is made, in-
SEC. 8103. From funds made available in title such funds shall only be available to the Sec- form such committees if such funds have not
II of this Act, the Secretary of Defense may pur- retary of Defense, acting through the Office of been obligated and the reasons therefor: Pro-
chase for use by military and civilian employees Local Defense Community Cooperation of the vided further, That the Secretary of Defense
of the Department of Defense in the United Department of Defense, or for transfer to the shall consult with such committees in advance
States Central Command area of responsibility: Secretary of Education, notwithstanding any of the provision of support provided to other
(1) passenger motor vehicles up to a limit of other provision of law, to make grants, conclude forces or groups recognized by and under the
$75,000 per vehicle; and (2) heavy and light ar- cooperative agreements, or supplement other authority of the Government of Ukraine: Pro-
mored vehicles for the physical security of per- Federal funds to construct, renovate, repair, or vided further, That the United States may ac-
sonnel or for force protection purposes up to a expand elementary and secondary public cept equipment procured using funds made
limit of $450,000 per vehicle, notwithstanding schools on military installations in order to ad- available in this section in this or prior Acts
price or other limitations applicable to the pur- dress capacity or facility condition deficiencies transferred to the security forces of Ukraine and
chase of passenger carrying vehicles. at such schools: Provided further, That in mak- returned by such forces to the United States:
SEC. 8104. (a) None of the funds made avail- ing such funds available, the Office of Local Provided further, That equipment procured
able in this Act may be used to maintain or es- Defense Community Cooperation or the Sec- using funds made available in this section in
tablish a computer network unless such network retary of Education shall give priority consider- this or prior Acts, and not yet transferred to the
is designed to block access to pornography ation to those military installations with schools military or national security forces of Ukraine
websites. having the most serious capacity or facility con- or to other assisted entities, or returned by such
(b) Nothing in subsection (a) shall limit the dition deficiencies as determined by the Sec- forces or other assisted entities to the United
use of funds necessary for any Federal, State, retary of Defense: Provided further, That as a States, may be treated as stocks of the Depart-
tribal, or local law enforcement agency or any condition of receiving funds under this section a ment of Defense upon written notification to the
other entity carrying out criminal investiga- local educational agency or State shall provide congressional defense committees: Provided fur-
tions, prosecution, or adjudication activities, or a matching share as described in the notice ti- ther, That the Secretary of Defense shall pro-
for any activity necessary for the national de- tled ‘‘Department of Defense Program for Con- vide quarterly reports to the congressional de-
fense, including intelligence activities. struction, Renovation, Repair or Expansion of fense committees on the use and status of funds
SEC. 8105. None of the funds provided for, or Public Schools Located on Military Installa- made available in this section.
otherwise made available, in this or any other tions’’ published by the Department of Defense SEC. 8111. During the current fiscal year, the
Act, may be obligated or expended by the Sec- in the Federal Register on September 9, 2011 (76 Department of Defense is authorized to incur
retary of Defense to provide motorized vehicles, Fed. Reg. 55883 et seq.): Provided further, That obligations of not to exceed $350,000,000 for pur-
aviation platforms, munitions other than small these provisions apply to funds provided under poses specified in section 2350j(c) of title 10,
arms and munitions appropriate for customary this section, and to funds previously provided United States Code, in anticipation of receipt of
ceremonial honors, operational military units, by Congress to construct, renovate, repair, or contributions, only from the Government of Ku-
or operational military platforms if the Sec- expand elementary and secondary public wait, under that section: Provided, That, such
retary determines that providing such units, schools on military installations in order to ad- contributions shall, upon receipt, be credited to
platforms, or equipment would undermine the dress capacity or facility condition deficiencies the appropriations or fund which incurred such
readiness of such units, platforms, or equip- at such schools to the extent such funds remain obligations.
ment. unobligated on the date of enactment of this SEC. 8112. Of the amounts appropriated in this
SEC. 8106. (a) None of the funds made avail- section. Act under the heading ‘‘Operation and Mainte-
able by this or any other Act may be used to SEC. 8109. None of the funds made available in nance, Defense-Wide’’, for the Defense Security
enter into a contract, memorandum of under- this Act may be used in contravention of the fol- Cooperation Agency, $1,510,260,000, to remain
standing, or cooperative agreement with, make a lowing laws enacted or regulations promulgated available until September 30, 2024, shall be
grant to, or provide a loan or loan guarantee to to implement the United Nations Convention available for International Security Cooperation
any corporation that has any unpaid Federal Against Torture and Other Cruel, Inhuman or Programs and other programs to provide support
tax liability that has been assessed, for which Degrading Treatment or Punishment (done at and assistance to foreign security forces or other
all judicial and administrative remedies have New York on December 10, 1984): groups or individuals to conduct, support or fa-
been exhausted or have lapsed, and that is not (1) Section 2340A of title 18, United States cilitate counterterrorism, crisis response, or
being paid in a timely manner pursuant to an Code. building partner capacity programs: Provided,
agreement with the authority responsible for (2) Section 2242 of the Foreign Affairs Reform That the Secretary of Defense shall, not less
collecting such tax liability, provided that the and Restructuring Act of 1998 (division G of than 15 days prior to obligating funds made
applicable Federal agency is aware of the un- Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. available in this section, notify the congres-
paid Federal tax liability. 1231 note) and regulations prescribed thereto, sional defense committees in writing of the de-
(b) Subsection (a) shall not apply if the appli- including regulations under part 208 of title 8, tails of any planned obligation: Provided fur-
cable Federal agency has considered suspension Code of Federal Regulations, and part 95 of title ther, That the Secretary of Defense shall pro-
or debarment of the corporation described in 22, Code of Federal Regulations. vide quarterly reports to the Committees on Ap-
such subsection and has made a determination (3) Sections 1002 and 1003 of the Department propriations of the House of Representatives
that such suspension or debarment is not nec- of Defense, Emergency Supplemental Appropria- and the Senate on the use and status of funds
essary to protect the interests of the Federal tions to Address Hurricanes in the Gulf of Mex- made available in this section.
Government. ico, and Pandemic Influenza Act, 2006 (Public SEC. 8113. Of the amounts appropriated in this
SEC. 8107. (a) Amounts appropriated under Law 109–148). Act under the heading ‘‘Operation and Mainte-
title IV of this Act, as detailed in budget activity SEC. 8110. Of the amounts appropriated in this nance, Defense-Wide’’, for the Defense Security
eight of the ‘‘Explanation of Project Level Ad- Act under the heading ‘‘Operation and Mainte- Cooperation Agency, $410,000,000, to remain
justments’’ tables in the explanatory statement nance, Defense-Wide’’, for the Defense Security available until September 30, 2024, shall be
regarding this Act, may be used for expenses for Cooperation Agency, $300,000,000, to remain available to reimburse Jordan, Lebanon, Egypt,
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the agile research, development, test and eval- available until September 30, 2024, shall be for Tunisia, and Oman under section 1226 of the
uation, procurement, production, modification, the Ukraine Security Assistance Initiative: Pro- National Defense Authorization Act for Fiscal
and operation and maintenance, only for the vided, That such funds shall be available to the Year 2016 (22 U.S.C. 2151 note), for enhanced
following Software and Digital Technology Pilot Secretary of Defense, with the concurrence of border security, of which not less than
programs— the Secretary of State, to provide assistance, in- $150,000,000 shall be for Jordan: Provided, That
(1) Defensive CYBER (PE 0608041A); cluding training; equipment; lethal assistance; the Secretary of Defense shall, not less than 15
(2) Risk Management Information (PE logistics support, supplies and services; salaries days prior to obligating funds made available in
0608013N); and stipends; sustainment; and intelligence sup- this section, notify the congressional defense
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H10120 CONGRESSIONAL RECORD — HOUSE December 23, 2022
committees in writing of the details of any cility: Provided further, That amounts trans- nance, Defense-Wide’’, for the Defense Security
planned obligation and the nature of the ex- ferred pursuant to this appropriation shall be Cooperation Agency, $25,000,000, to remain
penses incurred: Provided further, That the Sec- merged with, and be available for the same pur- available until September 30, 2024, shall be for
retary of Defense shall provide quarterly reports poses and time period as the appropriations to payments to reimburse key cooperating nations
to the Committees on Appropriations of the which transferred: Provided further, That upon for logistical, military, and other support, in-
House of Representatives and the Senate on the a determination that all or part of the funds cluding access, provided to United States mili-
use and status of funds made available in this transferred from this appropriation are not nec- tary and stability operations to counter the Is-
section. essary for the purposes provided in this section, lamic State of Iraq and Syria: Provided, That
SEC. 8114. None of the funds made available such amounts may be transferred back to this such reimbursement payments may be made in
by this Act may be used in contravention of the section: Provided further, That the transfer au- such amounts as the Secretary of Defense, with
War Powers Resolution (50 U.S.C. 1541 et seq.). thority provided pursuant to this section is in the concurrence of the Secretary of State, and
SEC. 8115. None of the funds made available addition to any other transfer authority pro- in consultation with the Director of the Office
by this Act for excess defense articles, assistance vided by law: Provided further, That not less of Management and Budget, may determine,
under section 333 of title 10, United States Code, than 30 days prior to any transfer of funds pur- based on documentation determined by the Sec-
or peacekeeping operations for the countries suant to this section, the Secretary of Defense retary of Defense to adequately account for the
designated annually to be in violation of the shall notify the congressional defense commit- support provided, and such determination is
standards of the Child Soldiers Prevention Act tees of the details of any such transfer: Provided final and conclusive upon the accounting offi-
of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) further, That not later than 60 days after the cers of the United States, and 15 days following
may be used to support any military training or enactment of this Act and every 30 days there- written notification to the appropriate congres-
operation that includes child soldiers, as defined after through fiscal year 2024, the Secretary of sional committees: Provided further, That these
by the Child Soldiers Prevention Act of 2008, un- Defense shall submit a report to the Committees funds may be used for the purpose of providing
less such assistance is otherwise permitted under on Appropriations of the House of Representa- specialized training and procuring supplies and
section 404 of the Child Soldiers Prevention Act tives and Senate, setting forth all categories and specialized equipment and providing such sup-
of 2008. amounts of obligations and expenditures made plies and loaning such equipment on a non-re-
SEC. 8116. None of the funds made available under the authority provided in this section. imbursable basis to coalition forces supporting
by this Act may be made available for any mem- SEC. 8120. (a) Notwithstanding section 2215 of United States military and stability operations
ber of the Taliban. title 10, United States Code, the Secretary of De- to counter the Islamic State of Iraq and Syria,
SEC. 8117. Notwithstanding any other provi- fense may transfer to the Secretary of State, for and 15 days following written notification to the
sion of law, any transfer of funds, appropriated use by the United States Agency for Inter- appropriate congressional committees: Provided
or otherwise made available by this Act, for sup- national Development, amounts to be used for further, That the Secretary of Defense shall pro-
port to friendly foreign countries in connection the Bien Hoa dioxin cleanup in Vietnam. vide quarterly reports to the Committees on Ap-
with the conduct of operations in which the (b) Not more than $15,000,000 may be trans- propriations of the House of Representatives
United States is not participating, pursuant to ferred in each of fiscal years 2024 through 2030 and the Senate on the use and status of funds
section 331(d) of title 10, United States Code, under the transfer authority in subsection (a). made available in this section.
shall be made in accordance with section 8005 of (c) The transfer authority in subsection (a) is SEC. 8125. In carrying out the program de-
this Act. in addition to any other transfer authority scribed in the memorandum on the subject of
SEC. 8118. (a) None of the funds appropriated available to the Department of Defense. ‘‘Policy for Assisted Reproductive Services for
or otherwise made available by this or any other (d) If the Secretary of Defense determines to the Benefit of Seriously or Severely Ill/Injured
Act may be used by the Secretary of Defense, or use the transfer authority in subsection (a), the (Category II or III) Active Duty Service Mem-
any other official or officer of the Department of Secretary shall notify the congressional defense bers’’ issued by the Assistant Secretary of De-
Defense, to enter into a contract, memorandum committees of that determination not later than fense for Health Affairs on April 3, 2012, and the
of understanding, or cooperative agreement 30 days before the Secretary uses the transfer guidance issued to implement such memo-
with, or make a grant to, or provide a loan or authority. randum, the Secretary of Defense shall apply
loan guarantee to Rosoboronexport or any sub- (INCLUDING TRANSFER OF FUNDS) such policy and guidance, except that—
sidiary of Rosoboronexport. (1) the limitation on periods regarding embryo
SEC. 8121. In addition to amounts appro- cryopreservation and storage set forth in part
(b) The Secretary of Defense may waive the
priated in title III, title IV, or otherwise made III(G) and in part IV(H) of such memorandum
limitation in subsection (a) if the Secretary, in
available elsewhere in this Act, $1,052,501,000 is shall not apply; and
consultation with the Secretary of State and the
hereby appropriated to the Department of De- (2) the term ‘‘assisted reproductive tech-
Director of National Intelligence, determines
fense and made available for transfer to the pro- nology’’ shall include embryo cryopreservation
that it is in the vital national security interest
curement and research, development, test and and storage without limitation on the duration
of the United States to do so, and certifies in
evaluation accounts of the Army, Navy, Marine of such cryopreservation and storage.
writing to the congressional defense committees
Corps, Air Force, and Space Force to reflect re- SEC. 8126. None of the funds appropriated or
that—
vised economic assumptions: Provided, That the otherwise made available by this Act may be
(1) Rosoboronexport has ceased the transfer of
transfer authority provided under this section is used to transfer the National Reconnaissance
lethal military equipment to, and the mainte-
in addition to any other transfer authority pro- Office to the Space Force: Provided, That noth-
nance of existing lethal military equipment for,
vided elsewhere in this Act: Provided further, ing in this Act shall be construed to limit or pro-
the Government of the Syrian Arab Republic;
That none of the funds provided under this sec- hibit cooperation, collaboration, and coordina-
(2) the armed forces of the Russian Federation
tion may be obligated or expended until 30 days tion between the National Reconnaissance Of-
have withdrawn from Ukraine; and
after the Secretary of Defense provides the Com- fice and the Space Force or any other elements
(3) agents of the Russian Federation have
mittees on Appropriations of the House of Rep- of the Department of Defense.
ceased taking active measures to destabilize the
resentatives and the Senate a detailed execution SEC. 8127. Funds awarded pursuant to the au-
control of the Government of Ukraine over east-
plan for such funds. thority in section 8085 of the Department of De-
ern Ukraine.
SEC. 8122. Notwithstanding any other provi- fense Appropriations Act, 2010 (Public Law 111–
(c) The Inspector General of the Department
sion of this Act, to reflect savings due to favor- 118) to the Edward M. Kennedy Institute for the
of Defense shall conduct a review of any action
able foreign exchange rates, the total amount Senate may be used for facility operations and
involving Rosoboronexport with respect to a
appropriated in this Act is hereby reduced by maintenance, and program activities, without
waiver issued by the Secretary of Defense pur-
$956,400,000. regard to any previous endowment disbursement
suant to subsection (b), and not later than 90
SEC. 8123. Equipment procured using funds limitations.
days after the date on which such a waiver is
provided in prior Acts under the heading SEC. 8128. The Secretary of Defense shall no-
issued by the Secretary of Defense, the Inspector
‘‘Counterterrorism Partnerships Fund’’ for the tify the congressional defense committees in
General shall submit to the congressional de-
program authorized by section 1209 of the Carl writing not more than 30 days after the receipt
fense committees a report containing the results
Levin and Howard P. ‘‘Buck’’ McKeon National of any contribution of funds received from the
of the review conducted with respect to such
Defense Authorization Act for Fiscal Year 2015 government of a foreign country for any pur-
waiver.
(Public Law 113–291), or under the heading pose relating to the stationing or operations of
(INCLUDING TRANSFER OF FUNDS) ‘‘Iraq Train and Equip Fund’’ for the program the United States Armed Forces: Provided, That
SEC. 8119. In addition to the amounts appro- authorized by section 1236 of such Act, and not such notification shall include the amount of
priated or otherwise made available elsewhere in yet transferred to authorized recipients may be the contribution; the purpose for which such
this Act, $1,000,000,000, to remain available until transferred to foreign security forces, irregular contribution was made; and the authority under
September 30, 2024, is hereby appropriated to the forces, groups, or individuals, authorized to re- which such contribution was accepted by the
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Department of Defense and made available for ceive assistance using amounts provided under Secretary of Defense: Provided further, That not
transfer only to other appropriations available the heading ‘‘Counter-ISIS Train and Equip fewer than 15 days prior to obligating such
to the Department of Defense in Department of Fund’’ in this Act: Provided, That such equip- funds, the Secretary of Defense shall submit to
Defense Appropriations Acts: Provided, That ment may be transferred 15 days following writ- the congressional defense committees in writing
such funds shall be available to the Secretary of ten notification to the congressional defense a notification of the planned use of such con-
Defense for the purpose of conducting activities committees. tributions, including whether such contributions
relating to improvements of infrastructure and SEC. 8124. Of the amounts appropriated in this would support existing or new stationing or op-
defueling at the Red Hill Bulk Fuel Storage Fa- Act under the heading ‘‘Operation and Mainte- erations of the United States Armed Forces.
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December 23, 2022 CONGRESSIONAL RECORD — HOUSE H10121
SEC. 8129. (a) The Chairman of the Joint operation Agency in ‘‘Operation and Mainte- amounts made available from the Creating Help-
Chiefs, in coordination with the Secretaries of nance, Defense-Wide’’ may be used to provide ful Incentives to Produce Semiconductors
the military departments and the Chiefs of the assistance to the Government of Jordan to sup- (CHIPS) for America Defense Fund for fiscal
Armed Forces, shall submit to the congressional port the armed forces of Jordan and to enhance year 2023 pursuant to the transfer authority in
defense committees, not later than 30 days after security along its borders. section 102(b)(1) of the CHIPS Act of 2022 (divi-
the last day of each quarter of the fiscal year, SEC. 8137. None of the funds made available sion A of Public Law 117–167), to the account
a report on the use of operation and mainte- by this Act may be used to support any activity specified, in the amounts specified, and for the
nance funds for activities or exercises in excess conducted by, or associated with, the Wuhan projects and activities specified, in the table ti-
of $5,000,000 that have been designated by the Institute of Virology. tled ‘‘Department of Defense Allocation of
Secretary of Defense as unplanned activities for SEC. 8138. None of the funds made available Funds: CHIPS and Science Act Fiscal Year
fiscal year 2023. by this Act may be used to provide arms, train- 2023’’ in the explanatory statement described in
(b) Each report required by subsection (a) ing, or other assistance to the Azov Battalion. section 4 (in the matter preceding division A of
shall also include— SEC. 8139. None of the funds appropriated or this consolidated Act).
(1) the title, date, and location, of each activ- otherwise made available in this or any other (b) Neither the President nor his designee may
ity and exercise covered by the report; Act may be used to transfer, release, or assist in allocate any amounts that are made available
(2) an identification of the military depart- the transfer or release to or within the United for any fiscal year under section 102(b)(2) of the
ment and units that participated in each such States, its territories, or possessions Khalid CHIPS Act of 2022 if there is in effect an Act
activity or exercise (including an estimate of the Sheikh Mohammed or any other detainee who— making or continuing appropriations for part of
number of participants); (1) is not a United States citizen or a member a fiscal year for the Department of Defense:
(3) the total cost of the activity or exercise, by of the Armed Forces of the United States; and Provided, That in any fiscal year, the matter
budget line item (with a breakdown by cost ele- (2) is or was held on or after June 24, 2009, at preceding this proviso shall not apply to the al-
ment such as transportation); and United States Naval Station, Guantánamo Bay, location, apportionment, or allotment of
(4) a short explanation of the objective of the Cuba, by the Department of Defense. amounts for continuing administration of pro-
activity or exercise. SEC. 8140. None of the funds appropriated or
grams allocated using funds transferred from
(c) The report required by subsection (a) shall otherwise made available in this Act may be
the CHIPS for America Defense Fund, which
be submitted in unclassified form, but may in- used to transfer any individual detained at
may be allocated pursuant to the transfer au-
clude a classified annex. United States Naval Station Guantánamo Bay,
thority in section 102(b)(1) of the CHIPS Act of
SEC. 8130. Not later than 15 days after the Cuba, to the custody or control of the individ-
2022 only in amounts that are no more than the
date on which any foreign base that involves ual’s country of origin, any other foreign coun-
allocation for such purposes in subsection (a) of
the stationing or operations of the United States try, or any other foreign entity except in accord-
this section.
Armed Forces, including a temporary base, per- ance with section 1034 of the National Defense (c) The Secretary of Defense may reallocate
manent base, or base owned and operated by a Authorization Act for Fiscal Year 2016 (Public funds allocated by subsection (a) of this section,
foreign country, is opened or closed, the Sec- Law 114–92) and section 1035 of the John S. subject to the terms and conditions contained in
retary of Defense shall notify the congressional McCain National Defense Authorization Act for the provisos in section 8005 of this Act: Pro-
defense committees in writing of the opening or Fiscal Year 2019 (Public Law 115–232). vided, That amounts may be reallocated pursu-
closing of such base: Provided, That such notifi- SEC. 8141. (a) None of the funds appropriated
ant to this subsection only for those require-
cation shall also include information on any or otherwise made available in this or any other
ments necessary to carry out section 9903(b) of
personnel changes, costs, and savings associated Act may be used to construct, acquire, or modify
the William M. (Mac) Thornberry National De-
with the opening or closing of such base. any facility in the United States, its territories,
fense Authorization Act for Fiscal Year 2021
SEC. 8131. None of the funds made available or possessions to house any individual described
(Public Law 116–283).
by this Act may be used with respect to Iraq in in subsection (c) for the purposes of detention or (d) Concurrent with the annual budget sub-
contravention of the War Powers Resolution (50 imprisonment in the custody or under the effec- mission of the President for fiscal year 2024, the
U.S.C. 1541 et seq.), including for the introduc- tive control of the Department of Defense. Secretary of Defense shall submit to the Commit-
tion of United States Armed Forces into hos- (b) The prohibition in subsection (a) shall not
tees on Appropriations of the House of Rep-
tilities in Iraq, into situations in Iraq where im- apply to any modification of facilities at United
resentatives and the Senate proposed allocations
minent involvement in hostilities is clearly indi- States Naval Station, Guantánamo Bay, Cuba.
(c) An individual described in this subsection by account and by program, project, or activity,
cated by the circumstances, or into Iraqi terri- with detailed justifications, for amounts made
tory, airspace, or waters while equipped for is any individual who, as of June 24, 2009, is lo-
cated at United States Naval Station, available under section 102(b)(2) of the CHIPS
combat, in contravention of the congressional Act of 2022 for fiscal year 2024.
consultation and reporting requirements of sec- Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a (e) The Department of Defense shall provide
tions 3 and 4 of such Resolution (50 U.S.C. 1542 the Committees on Appropriations of the House
member of the Armed Forces of the United
and 1543). of Representatives and Senate quarterly reports
SEC. 8132. None of the funds made available States; and
(2) is— on the status of balances of projects and activi-
by this Act may be used with respect to Syria in ties funded by the CHIPS for America Defense
(A) in the custody or under the effective con-
contravention of the War Powers Resolution (50 Fund for amounts allocated pursuant to sub-
trol of the Department of Defense; or
U.S.C. 1541 et seq.), including for the introduc- (B) otherwise under detention at United section (a) of this section, including all uncom-
tion of United States armed or military forces States Naval Station, Guantánamo Bay, Cuba. mitted, committed, and unobligated funds.
into hostilities in Syria, into situations in Syria SEC. 8142. None of the funds made available SEC. 8145. The Secretary of the Navy shall
where imminent involvement in hostilities is by this Act may be used to carry out the closure continue to provide pay and allowances to Lieu-
clearly indicated by the circumstances, or into or realignment of the United States Naval Sta- tenant Ridge Alkonis, United States Navy, until
Syrian territory, airspace, or waters while tion, Guantánamo Bay, Cuba. such time as the Secretary of the Navy makes a
equipped for combat, in contravention of the SEC. 8143. None of the funds made available determination with respect to the separation of
congressional consultation and reporting re- by this Act may be used to fund any work to be Lieutenant Alkonis from the Navy.
quirements of sections 3 and 4 of that law (50 performed by EcoHealth Alliance, Inc. in China This division may be cited as the ‘‘Department
U.S.C. 1542 and 1543). on research supported by the government of of Defense Appropriations Act, 2023’’.
SEC. 8133. Nothing in this Act may be con- China unless the Secretary of Defense deter- DIVISION D—ENERGY AND WATER DEVEL-
strued as authorizing the use of force against mines that a waiver to such prohibition is in the OPMENT AND RELATED AGENCIES AP-
Iran or the Democratic People’s Republic of national security interests of the United States PROPRIATIONS ACT, 2023
Korea. and, not later than 14 days after granting such
SEC. 8134. None of the funds appropriated or TITLE I
a waiver, submits to the congressional defense
otherwise made available by this or any other CORPS OF ENGINEERS—CIVIL
committees a detailed justification for the waiv-
Act shall be obligated or expended by the United er, including— DEPARTMENT OF THE ARMY
States Government for a purpose as follows: (1) an identification of the Department of De- CORPS OF ENGINEERS—CIVIL
(1) To establish any military installation or fense entity obligating or expending the funds; The following appropriations shall be ex-
base for the purpose of providing for the perma- (2) an identification of the amount of such pended under the direction of the Secretary of
nent stationing of United States Armed Forces funds; the Army and the supervision of the Chief of
in Iraq. (3) an identification of the intended purpose Engineers for authorized civil functions of the
(2) To exercise United States control over any of such funds; Department of the Army pertaining to river and
oil resource of Iraq or Syria. (4) an identification of the recipient or pro- harbor, flood and storm damage reduction,
SEC. 8135. None of the funds made available spective recipient of such funds (including any
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shore protection, aquatic ecosystem restoration,
by this Act under the heading ‘‘Counter-ISIS third-party entity recipient, as applicable); and related efforts.
Train and Equip Fund’’, and under the heading (5) an explanation for how the waiver is in
‘‘Operation and Maintenance, Defense-Wide’’ the national security interests of the United INVESTIGATIONS
for Department of Defense security cooperation States; and For expenses necessary where authorized by
grant programs, may be used to procure or (6) any other information the Secretary deter- law for the collection and study of basic infor-
transfer man-portable air defense systems. mines appropriate. mation pertaining to river and harbor, flood and
SEC. 8136. Up to $500,000,000 of funds appro- SEC. 8144. (a) Within 45 days of enactment of storm damage reduction, shore protection,
priated by this Act for the Defense Security Co- this Act, the Secretary of Defense shall allocate aquatic ecosystem restoration, and related
VerDate Sep 11 2014 00:59 Dec 29, 2022 Jkt 039060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A23DE7.037 H23DEPT1
H10122 CONGRESSIONAL RECORD — HOUSE December 23, 2022
needs; for surveys and detailed studies, and tion 217 of Public Law 104–303 shall be used to tions of both Houses of Congress the report re-
plans and specifications of proposed river and cover the cost of operation and maintenance of quired under section 101(d) of this Act and a
harbor, flood and storm damage reduction, the dredged material disposal facilities for work plan that allocates at least 95 percent of
shore protection, and aquatic ecosystem restora- which such fees have been collected; and of the additional funding provided under each
tion projects, and related efforts prior to con- which $56,000,000, to be derived from the general heading in the explanatory statement described
struction; for restudy of authorized projects; fund of the Treasury, shall be to carry out sub- in section 4 (in the matter preceding division A
and for miscellaneous investigations, and, when section (c) of section 2106 of the Water Re- of this consolidated Act), to specific programs,
authorized by law, surveys and detailed studies, sources Reform and Development Act of 2014 (33 projects, or activities.
and plans and specifications of projects prior to U.S.C. 2238c) and shall be designated as being WATER INFRASTRUCTURE FINANCE AND
construction, $172,500,000, to remain available for such purpose pursuant to paragraph (2)(B) INNOVATION PROGRAM ACCOUNT
until expended: Provided, That the Secretary of section 14003 of division B of the Coronavirus For administrative expenses to carry out the
shall not deviate from the work plan, once the Aid, Relief, and Economic Security Act (Public direct and guaranteed loan programs authorized
plan has been submitted to the Committees on Law 116–136): Provided, That 1 percent of the by the Water Infrastructure Finance and Inno-
Appropriations of both Houses of Congress. total amount of funds provided for each of the vation Act of 2014, $7,200,000, to remain avail-
CONSTRUCTION programs, projects, or activities funded under able until September 30, 2024.
For expenses necessary for the construction of this heading shall not be allocated to a field op-
GENERAL PROVISIONS—CORPS OF
river and harbor, flood and storm damage re- erating activity prior to the beginning of the
ENGINEERS—CIVIL
duction, shore protection, aquatic ecosystem res- fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to (INCLUDING TRANSFER OF FUNDS)
toration, and related projects authorized by law;
fund such emergency activities as the Chief of SEC. 101. (a) None of the funds provided in
for conducting detailed studies, and plans and
Engineers determines to be necessary and appro- title I of this Act, or provided by previous appro-
specifications, of such projects (including those
priate, and that the Chief of Engineers shall al- priations Acts to the agencies or entities funded
involving participation by States, local govern-
locate during the fourth quarter any remaining in title I of this Act that remain available for
ments, or private groups) authorized or made el-
funds which have not been used for emergency obligation or expenditure in fiscal year 2023,
igible for selection by law (but such detailed
activities proportionally in accordance with the shall be available for obligation or expenditure
studies, and plans and specifications, shall not
amounts provided for the programs, projects, or through a reprogramming of funds that:
constitute a commitment of the Government to (1) creates or initiates a new program, project,
construction); $1,808,800,000, to remain available activities: Provided further, That the Secretary
shall not deviate from the work plan, once the or activity;
until expended; of which $75,518,000, to be de- (2) eliminates a program, project, or activity;
rived from the Harbor Maintenance Trust Fund, plan has been submitted to the Committees on
Appropriations of both Houses of Congress. (3) increases funds or personnel for any pro-
shall be to cover the Federal share of construc- gram, project, or activity for which funds have
tion costs for facilities under the Dredged Mate- REGULATORY PROGRAM
been denied or restricted by this Act, unless
rial Disposal Facilities program; and of which For expenses necessary for administration of prior approval is received from the Committees
such sums as are necessary to cover 35 percent laws pertaining to regulation of navigable on Appropriations of both Houses of Congress;
of the costs of construction, replacement, reha- waters and wetlands, $218,000,000, to remain (4) proposes to use funds directed for a spe-
bilitation, and expansion of inland waterways available until September 30, 2024. cific activity for a different purpose, unless
projects shall be derived from the Inland Water- FORMERLY UTILIZED SITES REMEDIAL ACTION prior approval is received from the Committees
ways Trust Fund, except as otherwise specifi- PROGRAM on Appropriations of both Houses of Congress;
cally provided for in law: Provided, That the (5) augments or reduces existing programs,
For expenses necessary to clean up contami-
Secretary shall not deviate from the work plan, projects, or activities in excess of the amounts
nation from sites in the United States resulting
once the plan has been submitted to the Commit- contained in paragraphs (6) through (10), unless
from work performed as part of the Nation’s
tees on Appropriations of both Houses of Con- prior approval is received from the Committees
early atomic energy program, $400,000,000, to re-
gress. on Appropriations of both Houses of Congress;
main available until expended.
MISSISSIPPI RIVER AND TRIBUTARIES (6) INVESTIGATIONS.—For a base level over
FLOOD CONTROL AND COASTAL EMERGENCIES $100,000, reprogramming of 25 percent of the
For expenses necessary for flood damage re-
For expenses necessary to prepare for flood, base amount up to a limit of $150,000 per project,
duction projects and related efforts in the Mis-
hurricane, and other natural disasters and sup- study or activity is allowed: Provided, That for
sissippi River alluvial valley below Cape
port emergency operations, repairs, and other a base level less than $100,000, the reprogram-
Girardeau, Missouri, as authorized by law,
activities in response to such disasters as au- ming limit is $25,000: Provided further, That up
$370,000,000, to remain available until expended,
thorized by law, $35,000,000, to remain available to $25,000 may be reprogrammed into any con-
of which $15,390,000, to be derived from the Har-
until expended. tinuing study or activity that did not receive an
bor Maintenance Trust Fund, shall be to cover
the Federal share of eligible operation and EXPENSES appropriation for existing obligations and con-
maintenance costs for inland harbors: Provided, For expenses necessary for the supervision comitant administrative expenses;
and general administration of the civil works (7) CONSTRUCTION.—For a base level over
That the Secretary shall not deviate from the
program in the headquarters of the Corps of En- $2,000,000, reprogramming of 15 percent of the
work plan, once the plan has been submitted to
gineers and the offices of the Division Engi- base amount up to a limit of $3,000,000 per
the Committees on Appropriations of both
neers; and for costs of management and oper- project, study or activity is allowed: Provided,
Houses of Congress.
ation of the Humphreys Engineer Center Sup- That for a base level less than $2,000,000, the re-
OPERATION AND MAINTENANCE programming limit is $300,000: Provided further,
port Activity, the Institute for Water Resources,
For expenses necessary for the operation, That up to $3,000,000 may be reprogrammed for
the United States Army Engineer Research and
maintenance, and care of existing river and har- settled contractor claims, changed conditions, or
Development Center, and the United States
bor, flood and storm damage reduction, aquatic real estate deficiency judgments: Provided fur-
Army Corps of Engineers Finance Center allo-
ecosystem restoration, and related projects au- ther, That up to $300,000 may be reprogrammed
cable to the civil works program, $215,000,000, to
thorized by law; providing security for infra- into any continuing study or activity that did
remain available until September 30, 2024, of
structure owned or operated by the Corps, in- not receive an appropriation for existing obliga-
which not to exceed $5,000 may be used for offi-
cluding administrative buildings and labora- tions and concomitant administrative expenses;
cial reception and representation purposes and
tories; maintaining harbor channels provided by (8) OPERATION AND MAINTENANCE.—Unlimited
only during the current fiscal year: Provided,
a State, municipality, or other public agency reprogramming authority is granted for the
That no part of any other appropriation pro-
that serve essential navigation needs of general Corps to be able to respond to emergencies: Pro-
vided in this title shall be available to fund the
commerce, where authorized by law; surveying vided, That the Chief of Engineers shall notify
civil works activities of the Office of the Chief of
and charting northern and northwestern lakes the Committees on Appropriations of both
Engineers or the civil works executive direction
and connecting waters; clearing and straight- Houses of Congress of these emergency actions
and management activities of the division of-
ening channels; and removing obstructions to as soon thereafter as practicable: Provided fur-
fices: Provided further, That any Flood Control
navigation, $5,078,500,000, to remain available ther, That for a base level over $1,000,000, re-
and Coastal Emergencies appropriation may be
until expended, of which $2,227,092,000, to be de- programming of 15 percent of the base amount
used to fund the supervision and general admin-
rived from the Harbor Maintenance Trust Fund, up to a limit of $5,000,000 per project, study, or
istration of emergency operations, repairs, and
shall be to cover the Federal share of eligible op- activity is allowed: Provided further, That for a
other activities in response to any flood, hurri-
erations and maintenance costs for coastal har- base level less than $1,000,000, the reprogram-
cane, or other natural disaster.
bors and channels, and for inland harbors; of ming limit is $150,000: Provided further, That
which such sums as become available from the OFFICE OF THE ASSISTANT SECRETARY OF THE $150,000 may be reprogrammed into any con-
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special account for the Corps of Engineers es- ARMY FOR CIVIL WORKS tinuing study or activity that did not receive an
tablished by the Land and Water Conservation For the Office of the Assistant Secretary of appropriation;
Fund Act of 1965 shall be derived from that ac- the Army for Civil Works as authorized by 10 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The
count for resource protection, research, interpre- U.S.C. 3016(b)(3), $5,000,000, to remain available reprogramming guidelines in paragraphs (6), (7),
tation, and maintenance activities related to re- until September 30, 2024: Provided, That not and (8) shall apply to the Investigations, Con-
source protection in the areas at which outdoor more than 75 percent of such amount may be ob- struction, and Operation and Maintenance por-
recreation is available; of which such sums as ligated or expended until the Assistant Sec- tions of the Mississippi River and Tributaries
become available from fees collected under sec- retary submits to the Committees on Appropria- Account, respectively; and
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