Public Law 117–328 — Consolidated Appropriations Act, 2023 (Dec. 29, 2022)
Summary
Public Law 117–328, the Consolidated Appropriations Act, 2023, dated Dec. 29, 2022 and printed at 136 Stat. 4459 as H.R. 2617 of the 117th Congress, an Act making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes. Section 2 gives a table of contents of divisions, beginning with Division A, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023, and continuing through divisions for Commerce and Justice, Defense, Energy and Water, and other agencies. Later divisions include Additional Ukraine Supplemental Appropriations, Disaster Relief Supplemental Appropriations, and the SECURE 2.0 Act of 2022.
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Cite this document
“Public Law 117–328 — Consolidated Appropriations Act, 2023 (Dec. 29, 2022).”
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4459
Public Law 117–328
117th Congress
An Act
Making consolidated appropriations for the fiscal year ending September 30, 2023,
Dec. 29, 2022
and for providing emergency assistance for the situation in Ukraine, and for
other purposes. [H.R. 2617]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Consolidated
Appropriations
SECTION 1. SHORT TITLE. Act, 2023.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2023’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Adjustments to compensation.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I—Corps of Engineers—Civil
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Title II—Department of the Interior
Title III—Department of Energy
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136 STAT. 4460 PUBLIC LAW 117–328—DEC. 29, 2022
Title IV—Independent Agencies
Title V—General Provisions
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2023
Title I—Department of the Treasury
Title II—Executive Office of the President and Funds Appropriated to the President
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent Agencies
Title VI—General Provisions—This Act
Title VII—General Provisions—Government-wide
Title VIII—General Provisions—District of Columbia
DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2023
Title I—Departmental Management, Intelligence, Situational Awareness, and Over-
sight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2023
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
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Title III—Related Agencies
Title IV—General Provisions—This Act
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4461
DIVISION M—ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS
ACT, 2023
DIVISION N—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
2023
DIVISION O—EXTENDERS AND TECHNICAL CORRECTIONS
Title I—National Cybersecurity Protection System Authorization Extension
Title II—NDAA Technical Corrections
Title III—Immigration Extensions
Title IV—Environment and Public Works Matters
Title V—Safety Enhancements
Title VI—Extension of Temporary Order for Fentanyl-Related Substances
Title VII—Federal Trade Commission Oversight of Horseracing Integrity and Safety
Authority
Title VIII—United States Parole Commission Extension
Title IX—Extension of FCC Auction Authority
Title X—Budgetary Effects
DIVISION P—ELECTORAL COUNT REFORM AND PRESIDENTIAL
TRANSITION IMPROVEMENT
DIVISION Q—AVIATION RELATED MATTERS
DIVISION R—NO TIKTOK ON GOVERNMENT DEVICES
DIVISION S—OCEANS RELATED MATTERS
DIVISION T—SECURE 2.0 ACT OF 2022
DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE
MEMORIAL VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT
ACT OF 2022
DIVISION V—STRONG VETERANS ACT OF 2022
DIVISION W—UNLEASHING AMERICAN INNOVATORS ACT OF 2022
DIVISION X—EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT
FOR DOMESTIC TRAFFICKING VICTIMS’ FUND
DIVISION Y—CONTRACT ACT OF 2022
DIVISION Z—COVS ACT
DIVISION AA—FINANCIAL SERVICES MATTERS
DIVISION BB—CONSUMER PROTECTION AND COMMERCE
DIVISION CC—WATER RELATED MATTERS
DIVISION DD—PUBLIC LAND MANAGEMENT
DIVISION EE—POST OFFICE DESIGNATIONS
DIVISION FF—HEALTH AND HUMAN SERVICES
DIVISION GG—MERGER FILING FEE MODERNIZATION
DIVISION HH—AGRICULTURE
DIVISION II—PREGNANT WORKERS
DIVISION JJ—NORTH ATLANTIC RIGHT WHALES
DIVISION KK—PUMP FOR NURSING MOTHERS ACT
DIVISION LL—STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL
RECOVERY, INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
DIVISION MM—FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 3. REFERENCES. 1 USC 1 note.
Except as expressly provided otherwise, any reference to ‘‘this
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Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
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136 STAT. 4462 PUBLIC LAW 117–328—DEC. 29, 2022
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
Senate section of the Congressional Record on or about December
19, 2022, and submitted by the chair of the Committee on Appro-
priations of the Senate, shall have the same effect with respect
to the allocation of funds and implementation of divisions A through
L of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2023.
2 USC 4501 note. SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2023.
Agriculture, DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
Rural FOOD AND DRUG ADMINISTRATION, AND RELATED
Development, AGENCIES APPROPRIATIONS ACT, 2023
Food and Drug
Administration,
and Related TITLE I
Agencies
Appropriations AGRICULTURAL PROGRAMS
Act, 2023.
PROCESSING, RESEARCH, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
$65,067,000 of which not to exceed $7,432,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,396,000
shall be available for the Office of Homeland Security; not to exceed
$5,190,000 shall be available for the Office of Tribal Relations,
of which $1,000,000 shall be to establish a Tribal Public Health
Resource Center at a land grant university with existing indigenous
public health expertise to expand current partnerships and collabo-
rative efforts with indigenous groups, including but not limited
to, tribal organizations and institutions such as tribal colleges,
tribal technical colleges, tribal community colleges and tribal univer-
sities, to improve the delivery of culturally appropriate public health
services and functions in American Indian communities focusing
on indigenous food sovereignty; not to exceed $9,280,000 shall be
available for the Office of Partnerships and Public Engagement,
of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$28,422,000 shall be available for the Office of the Assistant Sec-
retary for Administration, of which $26,716,000 shall be available
for Departmental Administration to provide for necessary expenses
for management support services to offices of the Department and
for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided
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for and necessary for the practical and efficient work of the Depart-
ment: Provided, That funds made available by this Act to an agency
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4463
in the Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office; not to exceed $4,609,000 shall be available for the Office
of Assistant Secretary for Congressional Relations and Intergovern-
mental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $8,738,000 shall
be available for the Office of Communications: Provided further,
That the Secretary of Agriculture is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided for,
as determined by the Secretary: Provided further, That the amount Reimbursements.
made available under this heading for Departmental Administration
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
by 5 U.S.C. 551–558: Provided further, That funds made available
under this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available under this heading for the Time period.
Office of Assistant Secretary for Congressional Relations may be Notification.
obligated after 30 days from the date of enactment of this Act,
unless the Secretary has notified the Committees on Appropriations
of both Houses of Congress on the allocation of these funds by
USDA agency: Provided further, That during any 30 day notification Time period.
period referenced in section 716 of this Act, the Secretary of Agri- Notification.
culture shall take no action to begin implementation of the action
that is subject to section 716 of this Act or make any public
announcement of such action in any form.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$28,181,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That
of the amounts made available under this heading, $500,000 shall
be available to carry out section 224 of subtitle A of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as
amended by section 12504 of Public Law 115–334.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
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For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
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136 STAT. 4464 PUBLIC LAW 117–328—DEC. 29, 2022
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $92,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $1,466,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$37,595,000.
AGRICULTURE BUILDINGS AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $40,581,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $7,581,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE OF SAFETY, SECURITY, AND PROTECTION
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For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4465
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $111,561,000, including
such sums as may be necessary for contracting and other arrange-
ments with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of inform-
ants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$60,537,000.
OFFICE OF ETHICS
For necessary expenses of the Office of Ethics, $5,556,000.
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND
ECONOMICS
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $2,384,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office: Provided further, That of the amounts made available
under this heading, $1,000,000 shall be made available for the
Office of the Chief Scientist.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$92,612,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $211,076,000, of which up to $66,413,000 shall be available
until expended for the Census of Agriculture: Provided, That Surveys.
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
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where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
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136 STAT. 4466 PUBLIC LAW 117–328—DEC. 29, 2022
exceed 25 percent of the total value of the land or interests trans-
7 USC 2254. ferred out of Federal ownership, $1,744,279,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations here-
under shall be available pursuant to 7 U.S.C. 2250 for the construc-
tion, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a cost
not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
Contracts. is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
Maryland. agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replace-
ment of existing facilities at Beltsville, Maryland: Provided further,
Easements. That appropriations hereunder shall be available for granting ease-
ments at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replace-
ment of buildings needed to carry out the Act of April 24, 1948
Easements. (21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricul-
tural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Sec-
retary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$74,297,000 to remain available until expended, of which
$56,697,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
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described in section 4 (in the matter preceding division A of this
consolidated Act).
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4467
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $1,094,121,000 which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution chal-
lenge grants, grants management systems, tribal colleges education
equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution
eligible to receive funds under the Evans-Allen program receives
no less than $1,000,000: Provided further, That funds for education Grants.
grants for Alaska Native and Native Hawaiian-serving institutions Alaska.
Hawaii.
be made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native
and Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2024: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $565,410,000 which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for extension
services at 1994 institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided further,
That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
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further, That funds for cooperative extension under sections 3(b)
and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section
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136 STAT. 4468 PUBLIC LAW 117–328—DEC. 29, 2022
208(c) of Public Law 93–471 shall be available for retirement and
employees’ compensation costs for extension agents.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$41,500,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agri-
culture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2024:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspec-
tion Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,171,071,000 of which up to $9,552,000 shall
be for the purposes, and in the amounts, specified for this account
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act); of which $514,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant diseases,
animal diseases and for control of pest animals and birds (‘‘contin-
gency fund’’) to the extent necessary to meet emergency conditions;
of which $15,450,000, to remain available until expended, shall
be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of
which $39,183,000, to remain available until expended, shall be
for Animal Health Technical Services; of which $4,096,000 shall
be for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $64,930,000, to
remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
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$216,117,000, to remain available until expended, shall be for spe-
cialty crop pests, of which $8,500,000, to remain available until
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4469
September 30, 2024, shall be for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening; of which, $14,986,000, to remain avail-
able until expended, shall be for field crop and rangeland ecosystem
pests; of which $21,567,000, to remain available until expended,
shall be for zoonotic disease management; of which $44,067,000,
to remain available until expended, shall be for emergency
preparedness and response; of which $62,562,000, to remain avail-
able until expended, shall be for tree and wood pests; of which
$6,500,000, to remain available until expended, shall be for the
National Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program for indem-
nities; of which $2,500,000, to remain available until expended,
shall be for the wildlife damage management program for aviation
safety: Provided, That of amounts available under this heading
for wildlife services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts avail-
able under this heading for the screwworm program, $4,990,000
shall remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided fur-
ther, That no funds shall be used to formulate or administer a Brucellosis
brucellosis eradication program for the current fiscal year that eradication.
does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be avail-
able for the purchase, replacement, operation, and maintenance
of aircraft: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of
the United States, the Secretary may transfer from other appropria-
tions or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and
for expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772),
and any unexpended balances of funds transferred for such emer-
gency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 2023, the agency is authorized to collect fees Fees.
to cover the total costs of providing technical assistance, goods, Reimbursement.
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain avail-
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able until expended, without further appropriation, for providing
such assistance, goods, or services.
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136 STAT. 4470 PUBLIC LAW 117–328—DEC. 29, 2022
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the pur-
poses of section 12306 of Public Law 113–79, and of which
$1,000,000 shall be available for the purposes of section 779 of
division A of Public Law 117–103: Provided, That of the amounts
made available under this heading, $25,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law
115–334, of which $23,000,000 shall be for dairy business innovation
initiatives established in Public Law 116–6 and the Secretary shall
take measures to ensure an equal distribution of funds between
these three regional innovation initiatives: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees. Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $62,596,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Notification. Provided, That if crop size is understated and/or other uncontrol-
lable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $21,501,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
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Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4471
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional Notification.
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,158,266,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accredita-
tion as authorized by section 1327 of the Food, Agriculture, Con-
servation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infra-
structure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall Employment
be employed during fiscal year 2023 for purposes dedicated solely positions.
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That Continuation.
the Food Safety and Inspection Service shall continue implementa-
tion of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
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136 STAT. 4472 PUBLIC LAW 117–328—DEC. 29, 2022
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FARM PRODUCTION AND
CONSERVATION
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,727,000: Provided, That
funds made available by this Act to an agency in the Farm Produc-
tion and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION AND CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conserva-
tion Business Center, $248,684,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacan-
cies at Farm Service Agency county offices and farm loan officers
Notification. and shall be available until September 30, 2024: Provided, That
Expenditure not more than 50 percent of the funding made available under
plan.
Cost estimate. this heading for information technology related to farm program
Review. delivery may be obligated until the Secretary submits to the
Approval. Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/invest-
ment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guid-
ance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
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Reports. Committees on Appropriations of both Houses of Congress: Provided
Assessment. further, That the agency shall submit a report by the end of the
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4473
fourth quarter of fiscal year 2023 to the Committees on Appropria-
tions and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current perform-
ance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics,
(c) current performance against a pre-established cost baseline,
(d) a detailed breakdown of current and planned spending on oper-
ational enhancements or upgrades, and (e) an assessment of
whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities,
and authorities (but not the funds) of the Commodity Credit Cor-
poration to make program payments for all programs administered
by the Agency: Provided further, That other funds made available
to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That of the amount
appropriated under this heading, $696,594,000 shall be made avail-
able to county committees, to remain available until expended:
Provided further, That, notwithstanding the preceding proviso, any
funds made available to county committees in the current fiscal
year that the Administrator of the Farm Service Agency deems
to exceed or not meet the amount needed for the county committees
may be transferred to or from the Farm Service Agency for nec-
essary expenses: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm Service
Agency county offices: Provided further, That none of the funds Notification.
available to the Farm Service Agency shall be used to permanently Advance
approval.
relocate county based employees that would result in an office
with two or fewer employees without prior notification and approval
of the Committees on Appropriations of both Houses of Congress.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $7,000,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $7,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
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and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
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136 STAT. 4474 PUBLIC LAW 117–328—DEC. 29, 2022
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
For necessary expenses to carry out direct reimbursement pay-
ments to geographically disadvantaged farmers and ranchers under
section 1621 of the Food Conservation, and Energy Act of 2008
(7 U.S.C. 8792), $4,000,000, to remain available until expended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans; $2,118,491,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $4,062,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $61,426,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
Pink Bollworm. program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $249,000 for
emergency loans, to remain available until expended; and
$23,520,000 for direct farm operating loans, $11,228,000 for unsub-
sidized guaranteed farm operating loans, $10,983,000 for the re-
lending program, and $894,000 for Indian highly fractionated land
loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000: Pro-
vided, That of this amount, $305,803,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Sala-
ries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership, operating and conserva-
tion direct loans and guaranteed loans may be transferred among
Notification. these programs: Provided, That the Committees on Appropriations
Time period. of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$66,870,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
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and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4475
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $941,124,000,
to remain available until September 30, 2024, of which up to
$22,973,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for construction and
improvement of buildings and public improvements at plant mate-
rials centers, except that the cost of alterations and improvements
to other buildings and other public improvements shall not exceed
$250,000: Provided further, That when buildings or other structures
are erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$75,000,000, to remain available until expended, of which up to
$20,591,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That for funds provided by this Act Applicability.
or any other prior Act, the limitation regarding the size of the
watershed or subwatershed exceeding two hundred and fifty thou-
sand acres in which such activities can be undertaken shall only
apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures): Pro-
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vided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities
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136 STAT. 4476 PUBLIC LAW 117–328—DEC. 29, 2022
that can commence promptly following enactment; that address
regional priorities for flood prevention, agricultural water manage-
ment, inefficient irrigation systems, fish and wildlife habitat, or
watershed protection; or that address authorized ongoing projects
under the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78–534) with a primary purpose
of watershed protection by preventing floodwater damage and stabi-
lizing stream channels, tributaries, and banks to reduce erosion
and sediment transport: Provided further, That of the amounts
made available under this heading, $10,000,000 shall remain avail-
able until expended for the authorities under 16 U.S.C. 1001–
1005 and 1007–1009 for authorized ongoing watershed projects
with a primary purpose of providing water to rural communities.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $2,000,000 is provided.
HEALTHY FORESTS RESERVE PROGRAM
For necessary expenses to carry out the Healthy Forests
Reserve Program under the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571–6578), $7,000,000, to remain available until
expended.
URBAN AGRICULTURE AND INNOVATIVE PRODUCTION
For necessary expenses to carry out the Urban Agriculture
and Innovative Production Program under section 222 of subtitle
A of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6923), as added by section 12302 of Public Law 115–
334, $8,500,000.
Contracts. CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
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For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4477
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business: Provided
further, That the Secretary shall notify the Committees on Appro- Notification.
priations of the House and Senate in writing 15 days prior to Time period.
the obligation or commitment of any emergency funds from the
Commodity Credit Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and oper-
ation of agricultural cooperatives; and for cooperative agreements;
$351,087,000: Provided, That of the amount made available under
this heading, up to $5,000,000, to remain available until September
30, 2024, shall be for the Rural Partners Network activities of
the Department of Agriculture, and may be transferred to other
agencies of the Department for such purpose, consistent with the
missions and authorities of such agencies: Provided further, That
of the amount made available under this heading, no less than
$135,000,000, to remain available until expended, shall be used
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for information technology expenses: Provided further, That not-
withstanding any other provision of law, funds appropriated under
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136 STAT. 4478 PUBLIC LAW 117–328—DEC. 29, 2022
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)),
any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,250,000,000 shall be for direct loans, $7,500,000
shall be for a Single Family Housing Relending demonstration
program for Native American Tribes, and $30,000,000,000 shall
be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $70,000,000 for section 515 rental housing;
$400,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired prop-
erty; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans, $46,375,000
shall be for direct loans; Single Family Housing Relending dem-
onstration program for Native American Tribes, $2,468,000; section
504 housing repair loans, $2,324,000; section 523 self-help housing
land development loans, $267,000; section 524 site development
loans, $208,000; and repair, rehabilitation, and new construction
Fees. of section 515 rental housing, $13,377,000: Provided, That to sup-
port the loan program level for section 538 guaranteed loans made
available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a cur-
rent rural area waiver under section 541 of the Housing Act of
1949 (42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under this
Deadline. heading: Provided further, That of the amounts available under
this paragraph for section 502 direct loans, no less than $5,000,000
shall be available for direct loans for individuals whose homes
will be built pursuant to a program funded with a mutual and
self-help housing grant authorized by section 523 of the Housing
Incentives. Act of 1949 until June 1, 2023: Provided further, That the Secretary
Determination. shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multi-
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family housing program for a period of time as determined by
the Secretary, with such incentives to include, but not be limited
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4479
to, the following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own resources
to include proceeds from low income housing tax credit syndication,
own contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of organiza-
tional costs associated with owner’s oversight of asset referred
to as ‘‘Asset Management Fee’’ of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including
the cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, $36,000,000, to remain available until
expended, for a demonstration program for the preservation and
revitalization of the sections 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family
housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments, subordi-
nating, reducing or re-amortizing loan debt; and other financial
assistance including advances, payments and incentives (including
the ability of owners to obtain reasonable returns on investment)
required by the Secretary: Provided, That the Secretary shall, as Contracts.
part of the preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the restruc-
turing.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $14,084,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be paid to the appropriation for ‘‘Rural Development, Salaries and
Expenses’’.
RENTAL ASSISTANCE PROGRAM Time periods.
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,487,926,000, and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for purposes of any
debt reduction, maintenance, repair, or rehabilitation of any existing
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projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
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136 STAT. 4480 PUBLIC LAW 117–328—DEC. 29, 2022
provided under agreements entered into prior to fiscal year 2023
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
Applicability. further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
Determination. further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agree-
ments entered into prior to fiscal year 2023 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
RURAL HOUSING VOUCHER ACCOUNT
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding sub-
section (b) of such section, $48,000,000, to remain available until
expended: Provided, That the funds made available under this
heading shall be available for rural housing vouchers to any low-
income household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided further,
That funds made available for such vouchers shall be subject to
Applicability. the availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable, administer
such vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the Sec-
retary of the Department of Housing and Urban Development:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for adminis-
trative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $48,000,000, to remain available
until expended.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4481
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $341,490,328, to remain available until expended, of which
up to $325,490,328 shall be for the purposes, and in the amounts,
specified for this account in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability of
private, nonprofit community-based housing and community
development organizations, low-income rural communities, and Fed-
erally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That any unobligated Loans.
balances from prior year appropriations under this heading for Grants.
the cost of direct loans, loan guarantees and grants, including
amounts deobligated or cancelled, may be made available to cover
the subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no amounts
may be made available pursuant to the preceding proviso from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, or that were specified in the table titled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement for division A of Public Law 117-103 described in section
4 in the matter preceding such division A: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be available for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided further, That
sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
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136 STAT. 4482 PUBLIC LAW 117–328—DEC. 29, 2022
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
For the cost of loan guarantees and grants, for the rural busi-
ness development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $86,520,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, $2,000,000 shall be for
the Rural Innovation Stronger Economy Grant Program (7 U.S.C.
2008w): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $3,313,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $331,000 shall be available through June 30, 2023, for
Federally Recognized Native American Tribes; and of which
$663,000 shall be available through June 30, 2023, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
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of promoting rural economic development and job creation projects,
$75,000,000.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4483
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural eco-
nomic development and job creation projects shall not exceed
$15,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $28,300,000, of which $3,500,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvan-
taged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000, to
remain available until expended, shall be for value-added agricul-
tural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agri-
culture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For the principal amount of direct loans as authorized by sec-
tion 379E of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 2008s).
RURAL ENERGY FOR AMERICA PROGRAM
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$20,000,000.
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $18,000:
Provided, That the cost of loan guarantees, including the cost of Loans.
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
HEALTHY FOOD FINANCING INITIATIVE
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture Reorga-
nization Act of 1994 (7 U.S.C. 6953), as added by section 4206
of the Agricultural Act of 2014, for necessary expenses of the Sec-
retary to support projects that provide access to healthy food in
underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities, $3,000,000, to remain available
until expended: Provided, That such costs of loans, including the Loans.
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cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
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136 STAT. 4484 PUBLIC LAW 117–328—DEC. 29, 2022
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,420,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $596,404,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appro-
priated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
Alaska. to section 325 of Public Law 105–83: Provided further, That not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance pro-
Determination. grams: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a deter-
mination of extreme need, of which $8,500,000 shall be made avail-
able for a grant to a qualified nonprofit multi-State regional tech-
nical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assist-
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ance for rural water systems for tribal communities: Provided fur-
ther, That not to exceed $21,180,000 of the amount appropriated
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4485
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assist-
ance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That not
to exceed $2,724,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate
for water and waste direct one percent loans for distressed commu-
nities: Provided further, That if the Secretary determines that any Determination.
portion of the amount made available for one percent loans is
not needed for such loans, the Secretary may use such amounts
for grants authorized by section 306(a)(2) of the Consolidated Farm
and Rural Development Act: Provided further, That if any funds
made available for the direct loan subsidy costs remain unobligated
after July 31, 2024, such unobligated balances may be used for
grant programs funded under this heading: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of loans and loan guarantees as author-
ized by sections 4, 305, 306, 313A, and 317 of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 904, 935, 936, 940c–1, and 940g) shall
be made as follows: guaranteed rural electric loans made pursuant
to section 306 of that Act, $2,167,000,000; cost of money direct
loans made pursuant to sections 4, notwithstanding the one-eighth
of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that
Act, $4,333,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $900,000,000; and for cost-of-money rural
telecommunications loans made pursuant to section 305(d)(2) of
that Act, $690,000,000: Provided, That up to $2,000,000,000 shall
be used for the construction, acquisition, design, engineering or
improvement of fossil-fueled electric generating plants (whether
new or existing) that utilize carbon subsurface utilization and stor-
age systems.
For the cost of direct loans as authorized by section 305(d)(2)
of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)),
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, cost of money rural tele-
communications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency
measures supported by the funding in this paragraph shall con-
tribute in a demonstrable way to the reduction of greenhouse gases.
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In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
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136 STAT. 4486 PUBLIC LAW 117–328—DEC. 29, 2022
shall be paid to the appropriation for ‘‘Rural Development, Salaries
and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000,
to remain available until expended, of which up to $4,991,000
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congres-
sionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Grants. Development Act: Provided further, That funding provided under
this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities
that meet all of the eligibility criteria for a consortium as estab-
lished by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $3,000,000, to remain
available until expended: Provided, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115–141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$363,512,317, to remain available until expended, of which up to
$15,512,317 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
Grants. consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out
such pilot program: Provided further, That the cost of direct loans
shall be defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That at least 90 percent of the households
to be served by a project receiving a loan or grant under the
pilot program shall be in a rural area without sufficient access
to broadband: Provided further, That for purposes of such pilot
program, a rural area without sufficient access to broadband shall
be defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That to
the extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred mega-
bits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or
grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the
Rural Utilities Service unless such service is not provided sufficient
access to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made available
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in this paragraph can be used for administrative costs to carry
out the pilot program and up to three percent of funds made
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4487
available in this paragraph may be available for technical assistance
and pre-development planning activities to support the most rural
communities: Provided further, That the Rural Utilities Service
is directed to expedite program delivery methods that would imple-
ment this paragraph: Provided further, That for purposes of this Requirements.
paragraph, the Secretary shall adhere to the notice, reporting and
service area assessment requirements set forth in section 701 of
the Rural Electrification Act (7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND
CONSUMER SERVICES
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,376,000: Provided,
That funds made available by this Act to an agency in the Food,
Nutrition and Consumer Services mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $28,545,432,000 to remain available
through September 30, 2024, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $20,162,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $21,005,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $14,000,000 shall remain available until expended to
carry out section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)): Provided further, That notwith-
standing section 18(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year 2023
shall not exceed $500,000: Provided further, That of the total
amount available, $30,000,000 shall be available to provide competi-
tive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value
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of greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment, maintenance,
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136 STAT. 4488 PUBLIC LAW 117–328—DEC. 29, 2022
or expansion of the school breakfast program: Provided further,
That of the total amount available, $40,000,000 shall remain avail-
able until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111–80): Provided further,
That of the total amount available, $2,000,000 shall remain avail-
able until expended to carry out activities authorized under sub-
sections (a)(2) and (e)(2) of section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)):
Provided further, That of the total amount available, $3,000,000
shall be available until September 30, 2024 to carry out section
23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$1,000,000 shall be for grants under such section to the Common-
wealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa: Provided further, That section 26(d) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1769g(d)) is amended
in the first sentence by striking ‘‘2010 through 2023’’ and inserting
‘‘2010 through 2024’’: Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3))
is amended in the first sentence by striking ‘‘For fiscal year 2022’’
and inserting ‘‘For fiscal year 2023’’: Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended in the first sentence by striking
‘‘For fiscal year 2022’’ and inserting ‘‘For fiscal year 2023’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding sec-
tion 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
the Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the National
Academies of Science, Engineering and Medicine and adjusted for
inflation: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Govern-
ment departments or agencies unless authorized by section 17 of
Waiver authority. such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the require-
ment at 7 CFR 246.12(g)(6) at the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which
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$3,000,000,000, to remain available through September 30, 2025,
shall be placed in reserve for use only in such amounts and at
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4489
such times as may become necessary to carry out program oper-
ations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes partici-
pating in the Food Distribution Program on Indian Reservations:
Provided further, That of the funds made available under this
heading, $3,000,000, to remain available until September 30, 2024,
shall be used to carry out section 4003(b) of Public Law 115–
334 relating to demonstration projects for tribal organizations: Pro-
vided further, That this appropriation shall be subject to any work Workfare
registration or workfare requirements as may be required by law: requirements.
Provided further, That funds made available for Employment and
Training under this heading shall remain available through Sep-
tember 30, 2024: Provided further, That funds made available under
this heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of the
funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds Contracts.
made available under this heading may be used to enter into Studies.
contracts and employ staff to conduct studies, evaluations, or to Evaluations.
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by sec-
tion 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutri-
tion Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $457,710,000, to remain available through September
30, 2024: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2023 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2024: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutri-
tion Service for carrying out any domestic nutrition assistance
program, $189,348,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
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Law 107–171, as amended by section 4401 of Public Law 110–
246.
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136 STAT. 4490 PUBLIC LAW 117–328—DEC. 29, 2022
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception
and representation expenses.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $237,330,000, of which no more than
6 percent shall remain available until September 30, 2024, for
overseas operations to include the payment of locally employed
Reimbursement. staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institu-
tions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricul-
tural Service appropriation solely for the purpose of offsetting fluc-
tuations in international currency exchange rates, subject to docu-
mentation by the Foreign Agricultural Service, shall remain avail-
able until expended.
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
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title II of said Act, $1,750,000,000, to remain available until
expended.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4491
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $243,331,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is Reimbursement.
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $24,300,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, which
shall be transferred to and merged with the appropriation for
‘‘Foreign Agricultural Service, Salaries and Expenses’’.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $6,562,793,000: Provided, That of the
amount provided under this heading, $1,310,319,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
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379h, and shall be credited to this account and remain available
until expended; $324,777,000 shall be derived from medical device
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136 STAT. 4492 PUBLIC LAW 117–328—DEC. 29, 2022
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $582,500,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $41,600,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $32,144,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $29,303,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2023, including any such fees collected prior to
fiscal year 2023 but credited for fiscal year 2023, shall be subject
to the fiscal year 2023 limitations: Provided further, That the Sec-
retary may accept payment during fiscal year 2023 of user fees
specified under this heading and authorized for fiscal year 2024,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2024 for which the Secretary accepts
payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,196,097,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufac-
turers and field examinations of imported seafood; (2)
$2,289,290,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs, of which no less than $10,000,000 shall be for pilots to
increase unannounced foreign inspections and shall remain avail-
able until expended; (3) $489,594,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $287,339,000 shall be for
the Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $736,359,000 shall be for
the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $76,919,000
shall be for the National Center for Toxicological Research; (7)
$677,165,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory Affairs; (8)
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$214,082,000 shall be for Rent and Related activities, of which
$55,893,000 is for White Oak Consolidation, other than the amounts
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4493
paid to the General Services Administration for rent; (9)
$236,166,000 shall be for payments to the General Services
Administration for rent; and (10) $359,782,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Food Policy and Response, the Office of Oper-
ations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this Determination.
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts that
are made available under this heading for ‘‘other activities’’, and
that are not derived from user fees, $1,500,000 shall be transferred
to and merged with the appropriation for ‘‘Department of Health
and Human Services—Office of Inspector General’’ for oversight
of the programs and operations of the Food and Drug Administra-
tion and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another Advance
with the prior approval of the Committees on Appropriations of approval.
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. Fees.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter mono-
graph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not other-
wise provided, $12,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $50,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appro-
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priated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
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136 STAT. 4494 PUBLIC LAW 117–328—DEC. 29, 2022
1002(b)(2)(A) of such Act, and may be transferred by the Commis-
sioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Determination. Act: Provided further, That upon a determination by the Commis-
sioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mort-
gage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
Notification. with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Commit-
tees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administra-
tion may exempt, an amount in its sole discretion, from the applica-
tion of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2023 does not exceed the number of vehicles owned
Determination. or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce oper-
ational costs, and for the protection of life, property, and public
Notification. safety: Provided further, That the Secretary may not increase the
Approval. Department of Agriculture’s fleet above the 2018 level unless the
Deadline. Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
Advance SEC. 702. Notwithstanding any other provision of this Act,
approvals. the Secretary of Agriculture may transfer unobligated balances
Notifications. of discretionary funds appropriated by this Act or any other avail-
able unobligated discretionary balances that are remaining avail-
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able of the Department of Agriculture to the Working Capital Fund
for the acquisition of property, plant and equipment and for the
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4495
improvement, delivery, and implementation of Department finan-
cial, and administrative information technology services, and other
support systems necessary for the delivery of financial, administra-
tive, and information technology services, including cloud adoption
and migration, of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency adminis-
trator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropria-
tions of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropria-
tions of both Houses of Congress and in accordance with the require-
ments of section 716 of this Act: Provided further, That the National
Finance Center Information Technology Services Division personnel
and data center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll sys-
tems (PPS) and functions provided by the Chief Financial Officer
and the Chief Information Officer shall remain in the National
Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance
Center shared services including, but not limited to, payroll, finan-
cial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Pro-
vided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unfore-
seen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for
obligation unless the Secretary submits written notification of the
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obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation Determination.
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136 STAT. 4496 PUBLIC LAW 117–328—DEC. 29, 2022
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Contracts. SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
Determination. SEC. 706. None of the funds made available to the Department
Approvals. of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Notification. Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appro-
priations of both Houses of Congress: Provided further, That not-
withstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for informa-
tion technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accom-
panying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
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Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4497
assistance under section 313B(a) of such Act in the same manner
as a borrower under such Act.
SEC. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropria-
tions made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2024, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regula-
tions.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a suc-
cessor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associ-
ated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. (a) None of the funds made available in this Act Pornography.
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,483,309,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of section 32
Commodity Purchases—$37,178,000: Provided, That, of the total Notification.
funds made available in the matter preceding this proviso that Time period.
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remain unobligated on October 1, 2023, such unobligated balances
shall carryover into fiscal year 2024 and shall remain available
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136 STAT. 4498 PUBLIC LAW 117–328—DEC. 29, 2022
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2024 appropriations Act.
Notifications. SEC. 716. (a) None of the funds provided by this Act, or provided
Approvals. by previous appropriations Acts to the agencies funded by this
Time period. Act that remain available for obligation or expenditure in the cur-
rent fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as author-
ized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogram-
ming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
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Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4499
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogram-
ming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant posi-
tions or agency activities or functions to establish a center,
office, branch, or similar entity with ten or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. Notwithstanding section 310B(g)(5) of the Consoli- Fees.
dated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
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responses to questions that are a result of information requested
for the appropriations hearing process to any non-Department of
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136 STAT. 4500 PUBLIC LAW 117–328—DEC. 29, 2022
Agriculture, non-Department of Health and Human Services, or
non-Farm Credit Administration employee.
News stories. SEC. 719. Unless otherwise authorized by existing law, none
Notification. of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the pre-
packaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
Time period. SEC. 720. No employee of the Department of Agriculture may
Reimbursement. be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
Deadline. SEC. 721. Not later than 30 days after the date of enactment
Spending plan. of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropria-
tions of both Houses of Congress a detailed spending plan by
program, project, and activity for all the funds made available
under this Act including appropriated user fees, as defined in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act).
SEC. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
Determination. SEC. 723. For the purposes of determining eligibility or level
Prisons and of program assistance for Rural Development programs the Sec-
prisoners. retary shall not include incarcerated prison populations.
Loans. SEC. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
Notification. percent: Provided, That prior to the Secretary implementing such
Time period. an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
Notification. SEC. 725. None of the credit card refunds or rebates transferred
Advance to the Working Capital Fund pursuant to section 729 of the Agri-
approval. culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appro-
priations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation of
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Departmental financial management, information technology, and
other support systems necessary for the delivery of financial,
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4501
administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the
Department of Agriculture.
SEC. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ require-
ments of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ pub-
lished by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as defined
in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ‘‘variety’’ as applied in the definition of the term ‘‘staple food’’
as defined in section 271.2 of title 7, Code of Federal Regulations,
to increase the number of items that qualify as acceptable varieties
in each staple food category so that the total number of such
items in each staple food category exceeds the number of such
items in each staple food category included in the final rule as
published on December 15, 2016: Provided, That until the Secretary Applicability.
promulgates such regulatory amendments, the Secretary shall apply Effective date.
the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of
the Agricultural Act of 2014 (Public Law 113–79).
SEC. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Sec-
retary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Depart-
ment of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 729. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$315,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a Concurrent Reso-
lution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 730. Notwithstanding any provision of law that regulates
the calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act,
21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C.
601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031
et seq., for the cost of inspection services provided outside of an
establishment’s approved inspection shifts, and for inspection serv-
ices provided on Federal holidays: Provided, That any sums charged
pursuant to this paragraph shall be deemed as overtime pay or
holiday pay under section 1001(d) of the American Rescue Plan
Act of 2021 (Public Law 117–2, 135 Stat. 242): Provided further,
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That sums received by the Secretary under this paragraph shall,
in addition to other available funds, remain available until expended
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136 STAT. 4502 PUBLIC LAW 117–328—DEC. 29, 2022
to the Secretary without further appropriation for the purpose
of funding all costs associated with FSIS inspections.
SEC. 731. (a) The Secretary of Agriculture shall—
Audits. (1) conduct audits in a manner that evaluates the following
Evaluation. factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
Public (2) promptly make publicly available the final reports of
information. any audits or reviews conducted pursuant to subsection (1).
Reports. (b) This section shall be applied in a manner consistent with
Applicability.
United States obligations under its international trade agreements.
SEC. 732. In this fiscal year and thereafter, and notwith-
standing any other provision of law, none of the funds made avail-
able by this Act may be used to implement section 3.7(f) of the
Farm Credit Act of 1971 in a manner inconsistent with section
343(a)(13) of the Consolidated Farm and Rural Development Act.
SEC. 733. In this fiscal year and thereafter, and notwith-
standing any other provision of law, none of the funds made avail-
able by this Act may be used to carry out any activities or incur
any expense related to the issuance of licenses under section 3
of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of
such licenses, to class B dealers who sell Random Source dogs
and cats for use in research, experiments, teaching, or testing.
Iron and steel SEC. 734. (a)(1) No Federal funds made available for this fiscal
products. year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
Definition. (2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construc-
tion materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
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Waiver request. (c) If the Secretary or the designee receives a request for
Public a waiver under this section, the Secretary or the designee shall
information.
Records.
Time period.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4503
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
based on the request. The Secretary or the designee shall make Web posting.
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with Applicability.
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provi-
sions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’ Definition.
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian Tribe.
SEC. 735. None of the funds appropriated by this Act may Lobbying.
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Pro-
gram Account’’; ‘‘Rural Business-Cooperative Service—Rural Busi-
ness Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Business-Cooperative Service—Rural Microentre-
preneur Assistance Program’’; ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’; ‘‘Rural Utilities Service—
Rural Electrification and Telecommunications Loans Program
Account’’; and ‘‘Rural Utilities Service—Distance Learning, Tele-
medicine, and Broadband Program’’, to the maximum extent fea-
sible, at least 10 percent of the funds shall be allocated for assist-
ance in persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits,
any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit
by more than 10 percent: Provided, That for purposes of this section, Definition.
the term ‘‘persistent poverty counties’’ means any county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007–2011 American Community Survey 5-year aver-
age, or any territory or possession of the United States: Provided
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further, That with respect to specific activities for which program Applicability.
levels have been made available by this Act that are not supported
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136 STAT. 4504 PUBLIC LAW 117–328—DEC. 29, 2022
by budget authority, the requirements of this section shall be
applied to such program level.
Human embryos. SEC. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemp-
tion may not go into effect.
SEC. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Time periods. SEC. 740. For school years 2022–2023 and 2023–2024, none
School breakfast. of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 741. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
Hemp and hemp (2) to prohibit the transportation, processing, sale, or use
seeds. of hemp, or seeds of such plant, that is grown or cultivated
in accordance with section 7606 of the Agricultural Act of
2014 or subtitle G of the Agricultural Marketing Act of 1946,
within or outside the State in which the hemp is grown or
cultivated.
SEC. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
Waiver authority. SEC. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
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housing authorities to provide technical assistance, including finan-
cial and legal services, to RHS multi-family housing borrowers
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4505
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such prop-
erties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 746. There is hereby appropriated $4,000,000, to carry
out section 4208 of Public Law 115–334, including for project loca-
tions in additional regions.
SEC. 747. There is hereby appropriated $4,000,000 to carry
out section 12301 of Public Law 115–334, Farming Opportunities
Training and Outreach.
SEC. 748. In response to an eligible community where the Water.
drinking water supplies are inadequate due to a natural disaster, Determination.
Time period.
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the estab-
lished period provided under the Program in order to protect public
health.
SEC. 749. Funds made available under title II of the Food Determination.
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
SEC. 750. In this fiscal year and thereafter, and notwith- Compliance
standing any other provision of law, ARS facilities as described inspection.
7 USC 2144 note.
in the ‘‘Memorandum of Understanding Between the U.S. Depart-
ment of Agriculture Animal and Plant Health Inspection Service
(APHIS) and the U.S. Department of Agriculture Agricultural
Research Service (ARS) Concerning Laboratory Animal Welfare’’
(16–6100–0103–MU Revision 16–1) shall be inspected by APHIS
for compliance with the Animal Welfare Act and its regulations
and standards.
SEC. 751. None of the funds made available by this Act may Poultry and
be used to procure raw or processed poultry products imported poultry products.
China.
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
SEC. 752. For school year 2023–2024, only a school food Time period.
authority that had a negative balance in the nonprofit school food Requirement.
service account as of June 30, 2022, shall be required to establish School lunches.
a price for paid lunches in accordance with section 12(p) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)).
SEC. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program that assists rural hospitals to improve long-
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term operations and financial health by providing technical assist-
ance through analysis of current hospital management practices.
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136 STAT. 4506 PUBLIC LAW 117–328—DEC. 29, 2022
Grants. SEC. 754. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for bio-
technology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section
7209 of Public Law 115–334.
7 USC 2146 note. SEC. 756. Hereafter, none of the funds made available by this
Act or any other Act, may be used to pay the salaries or expenses
of personnel to implement any activities related to the permitting
of non-recording of observed violations of the Animal Welfare Act
or its regulations on official inspection reports.
SEC. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include equipment
and facility upgrades, and in addition to any other funds made
available for this purpose, there is appropriated $4,000,000, to
remain available until September 30, 2024: Provided, That amounts
made available in this section shall be treated as funds collected
by fees authorized under Mar. 4, 1923, ch. 288, §5, 42 Stat. 1518,
as amended (7 U.S.C. 55).
SEC. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
any staff office or any agency from the mission area in which
it was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment of
specific legislation affirming such move.
SEC. 759. The Secretary, acting through the Chief of the Nat-
ural Resources Conservation Service, may use funds appropriated
under this Act or any other Act for the Watershed and Flood
Prevention Operations Program and the Watershed Rehabilitation
Program carried out pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emer-
gency Watershed Protection Program carried out pursuant to section
403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
provide technical services for such programs pursuant to section
1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Determination. SEC. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115–141), the Secretary of Agriculture may, for
purposes of determining entities eligible to receive assistance, con-
sider those communities which are ‘‘Areas Rural in Character’’:
Provided, That not more than 10 percent of the funds made avail-
able under the heading ‘‘Distance Learning, Telemedicine, and
Broadband Program’’ for the purposes of the pilot program estab-
lished by section 779 of Public Law 115–141 may be used for
this purpose.
SEC. 761. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
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(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4507
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 762. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 763. Out of amounts appropriated to the Food and Drug Deadline.
Administration under title VI, the Secretary of Health and Human Fish and fishing.
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2023, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Avail-
ability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
SEC. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland Wetlands.
compliance needs of areas with significant numbers of individual Conservation.
wetlands, wetland acres, and conservation compliance requests.
SEC. 765. Notwithstanding any other provision of law, the Genetic
acceptable market name of any engineered animal approved prior engineering.
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 766. There is appropriated to the Department of Agri-
culture, for an additional amount for ‘‘Agricultural Programs—
Processing, Research, and Marketing—Office of the Secretary’’,
$5,000,000, which shall remain available until expended, for nec-
essary expenses, under such terms and conditions determined by
the Secretary, related to testing soil, water, or agricultural products
for per- and polyfluoroalkyl substances (PFAS) at the request of
an agricultural producer, assisting agricultural producers affected
by PFAS contamination with costs related to mitigate the impacts
to their operation that have resulted from such contamination and
indemnifying agricultural producers for the value of unmarketable
crops, livestock, and other agricultural products related to PFAS
contamination: Provided, That the Secretary shall prioritize such
assistance to agricultural producers in states and territories that
have established a tolerance threshold for PFAS in a food or agricul-
tural product: Provided further, That, not later than 90 days after Reports.
the end of fiscal year 2023, the Secretary shall submit a report
to the Congress specifying the type, amount, and method of such
assistance by state and territory and the status of the amounts
obligated and plans for further expenditure, and include improve-
ments that can be made to U.S. Department of Agriculture pro-
grams, either administratively or legislatively, to increase support
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for agricultural producers impacted by PFAS contamination and
to enhance scientific knowledge on PFAS uptake in crops and
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136 STAT. 4508 PUBLIC LAW 117–328—DEC. 29, 2022
livestock and PFAS mitigation and remediation methods and
disseminate such knowledge to agricultural producers.
Termination SEC. 767. The Secretary shall set aside for Rural Economic
date. Area Partnership (REAP) Zones, until August 15, 2023, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Commu-
nity Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obli-
gated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obli-
gated under such headings for REAP Zones.
SEC. 768. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 769. For an additional amount for the Office of the Sec-
retary, $15,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778
Continuation. of Public Law 117–103: Provided, That the Institute for Rural
Urban and rural Partnerships shall continue to dedicate resources to researching
areas. the causes and conditions of challenges facing rural areas, and
develop community partnerships to address such challenges: Pro-
vided further, That administrative or other fees shall not exceed
Coordination. one percent: Provided further, That such partnership shall coordi-
Publication. nate and publish an annual report.
Reports. SEC. 770. Of the unobligated balances from prior year appro-
priations made available under the heading ‘‘Farm Service Agency—
Agricultural Credit Insurance Fund Program Account’’, $73,000,000
are hereby rescinded.
SEC. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty
Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note), there
is hereby appropriated $25,000,000, to remain available until
expended, to pay, with respect to such contracts for the 2021
reinsurance year, an amount that is equal to the difference between
the amount to be paid pursuant to the SRA for the applicable
reinsurance year and the amount that would be paid if such con-
tracts were not subject to a reduction described in subsection
(a)(2)(G) of section III of the SRA but subject to a reimbursement
rate equal to 17.5 percent of the net book premium.
SEC. 772. For an additional amount for the ‘‘Office of the
Secretary’’, $1,300,000, to remain available until expended, for the
Secretary, in consultation with the Secretary of the Department
of Health and Human Services, to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to conduct a study of the eight topics and scientific questions
related to alcohol previously published by USDA and HHS and
other relevant topics: Provided, That the panel or panels established
by the National Academies Sciences, Engineering, and Medicine
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to conduct the study shall operate in a fully transparent manner
and include a balanced representation of individuals who have
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4509
expertise in the health effects of alcohol consumption, are unbiased,
and are free from conflicts of interests: Provided further, That
the findings and recommendations of the study shall be based
on the preponderance of the scientific and medical knowledge con-
sistent with section 5341 of title 7 of United States Code: Provided
further, That not later than eighteen months after the date of Reports.
enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit its report to the Secretary
of Agriculture, the Secretary of Health and Human Services, and
the Congress of its systematic review and data analysis of the
eight research topics: Provided further, That the Secretary of Agri- Recommenda-
culture shall ensure that the 2025 Dietary Guidelines for Americans tions.
Alcohol and
process includes a recommendation for alcohol and shall be based alcoholic
on the preponderance of scientific and medical knowledge consistent beverages.
with section 5341 of title 7 of United States Code: Provided further,
That the Secretary of Agriculture shall ensure the process is fully
transparent and includes a balanced representation of individuals
who are unbiased and free from conflicts of interest.
SEC. 773. The Secretary, as part of the report on foreign land- Reports.
holding required under the Agricultural Foreign Investment Disclo- Foreign
investments.
sure Act (Public Law 95–460), shall report to Congress on foreign Disclosures.
investments in agricultural land in the United States, including 7 USC 3501 note.
the impact foreign ownership has on family farms, rural commu-
nities, and the domestic food supply: Provided, That within 3 years Deadline.
after the enactment of this Act, the Secretary shall establish a Records.
Data.
streamlined process for electronic submission and retention of
disclosures made under the Agricultural Foreign Investment Disclo-
sure Act, including an internet database that contains disaggregated
data from each disclosure submitted: Provided further, That all Publication.
prior year disclosures of foreign investments in agricultural land
in the United States are published in the database: Provided fur-
ther, That the plan includes a process to ensure the protection Plan.
of personally identifiable information and that all disclosures of Privacy.
foreign investments in agricultural land on the USDA website be
disaggregated by: (1) in any case in which such foreign person
is an individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the interest,
the country in which such foreign person is created or organized,
and the principal place of business of such foreign person.
SEC. 774. Notwithstanding any other provision of law, the Kanpachi.
common name ‘‘Kanpachi’’ shall serve as an acceptable market
name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) for labeling and marketing of ocean-farmed Seriola
rivoliana.
SEC. 775. In this or any subsequent fiscal year, the Secretary Kansas.
of Homeland Security shall transfer to the Secretary of Agriculture 6 USC 190 note.
the operation of and all property required to operate the National
Bio- and Agro-Defense Facility in Manhattan, Kansas: Provided,
That, such transfer of function shall include the transfer of up Deadline.
to 40 full time equivalent positions, to be completed within 120 Determinations.
days of the effective date of the transfer of function, as jointly
determined by the Secretaries.
SEC. 776. (a) Section 260 of the Agricultural Marketing Act
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of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘2022’’ and inserting
‘‘2023’’.
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136 STAT. 4510 PUBLIC LAW 117–328—DEC. 29, 2022
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by
striking ‘‘2022’’ and inserting ‘‘2023’’.
SEC. 777. Section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) is amended by striking ‘‘Access
to Local Foods: Farm to School Program.’’ and inserting ‘‘Access
to Local Foods: Patrick Leahy Farm to School Program’’.
SEC. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary
shall consider a city or town to be a rural area for the purposes
of eligibility for a guaranteed loan funded through the Rural
Community Facilities Program Account if the project to be funded
received a prior loan from such account in fiscal year 2021.
Deadline. SEC. 779. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 742 of division A of Public
Law 113–235, $150,000,000 are hereby rescinded not later than
September 30, 2023.
SEC. 780. Funds made available in the Consolidated Appropria-
tions Act, 2018 (Public Law 115–141) for the ‘‘Rural Community
Facilities Program Account’’ under section 306 of the Consolidated
Farm and Rural Development Act, 7 U.S.C. 1926, for the principal
amount of direct loans are to remain available through fiscal year
2028 for the liquidation of valid obligations incurred in fiscal year
2018.
SEC. 781. Of the unobligated balances from amounts made
available to carry out section 749(g) of the Agricultural Appropria-
tions Act of 2010 (Public Law 111–80), $80,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
This division may be cited as the ‘‘Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2023’’.
Commerce, DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
Justice, Science, RELATED AGENCIES APPROPRIATIONS ACT, 2023
and Related
Agencies
Appropriations TITLE I
Act, 2023.
Department of DEPARTMENT OF COMMERCE
Commerce
Appropriations INTERNATIONAL TRADE ADMINISTRATION
Act, 2023.
OPERATIONS AND ADMINISTRATION
Time periods. For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and retaining busi-
ness investment in the United States, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of
United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and transpor-
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tation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4511
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; not to exceed $325,000
for purchase of armored vehicles without regard to the general
purchase price limitations; obtaining insurance on official motor
vehicles; and rental of tie lines, $625,000,000, of which $85,000,000
shall remain available until September 30, 2024: Provided, That
$12,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwithstanding section
3302 of title 31, United States Code: Provided further, That, of
amounts provided under this heading, not less than $16,400,000
shall be for China antidumping and countervailing duty enforce-
ment and compliance activities: Provided further, That the provi- Applicability.
sions of the first sentence of section 105(f) and all of section 108(c) Assessments.
of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange
Act of 1961 shall include payment for assessments for services
provided as part of these activities: Provided further, That, of
amounts provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying out
a pilot fellowship program of the United States Commercial Service
under which the Secretary of Commerce may make competitive
grants to appropriate institutions of higher education or students
to increase the level of knowledge and awareness of, and interest
in employment with, that Service among minority students: Pro-
vided further, That any grants awarded under such program shall Grants.
be made pursuant to regulations to be prescribed by the Secretary, Regulations.
Requirement.
which shall require as a condition of the initial receipt of grant
funds, a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International Trade
Administration upon the completion of participation in the program.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
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awards of compensation to informers under the Export Control
Reform Act of 2018 (subtitle B of title XVII of the John S. McCain
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136 STAT. 4512 PUBLIC LAW 117–328—DEC. 29, 2022
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $191,000,000,
of which $76,000,000 shall remain available until expended: Pro-
Applicability. vided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
Public in carrying out these activities: Provided further, That payments
information. and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27, 28, 29, and 30 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and 3723), as amended,
$430,000,000 to remain available until expended, of which
$50,000,000 shall be for grants under section 27, $41,000,000 shall
be for grants under section 28, $41,000,000 shall be for grants
under section 29 in amounts determined by the Secretary, and
$2,500,000 shall be for grants under section 30: Provided, That
any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in pre-
vious years, shall be subject to the procedures set forth in section
505 of this Act.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $68,000,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 through 30 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722–3723), as amended; and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Minority Business Development
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Agency in fostering, promoting, and developing minority business
enterprises, as authorized by law, $70,000,000.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4513
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
BUREAU OF THE CENSUS
CURRENT SURVEYS AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $330,000,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, pre-
paring, and publishing statistics for periodic censuses and programs
provided for by law, $1,155,000,000, to remain available until Sep-
tember 30, 2024: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activi-
ties.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$62,000,000, to remain available until September 30, 2024: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Fees.
Commerce shall charge Federal agencies for costs incurred in spec-
trum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this para-
graph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
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for the administration of all open grants until their expiration.
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136 STAT. 4514 PUBLIC LAW 117–328—DEC. 29, 2022
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the United States Patent and Trade-
mark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $4,253,404,000,
Reduction. to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2023, so
as to result in a fiscal year 2023 appropriation from the general
Reduction. fund estimated at $0: Provided further, That during fiscal year
2023, should the total amount of such offsetting collections be
less than $4,253,404,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$4,253,404,000 in fiscal year 2023 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
Spending plan. expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2024 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offset-
ting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2023 or fiscal
year 2024: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2023
for official reception and representation expenses: Provided further,
That in fiscal year 2023 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary
to pay (1) the difference between the percentage of basic pay contrib-
uted by the USPTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of Per-
sonnel Management (OPM) for USPTO’s specific use, of basic pay,
of employees subject to subchapter III of chapter 83 of that title,
and (2) the present value of the otherwise unfunded accruing costs,
as determined by OPM for USPTO’s specific use of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement and
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Disability Fund, the FEGLI Fund, and the Employees FEHB Fund,
as appropriate, and shall be available for the authorized purposes
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4515
of those accounts: Provided further, That any differences between
the present value factors published in OPM’s yearly 300 series
benefit letters and the factors that OPM provides for USPTO’s
specific use shall be recognized as an imputed cost on USPTO’s
financial statements, where applicable: Provided further, That, not-
withstanding any other provision of law, all fees and surcharges
assessed and collected by USPTO are available for USPTO only
pursuant to section 42(c) of title 35, United States Code, as amended
by section 22 of the Leahy-Smith America Invents Act (Public
Law 112–29): Provided further, That within the amounts appro-
priated, $2,450,000 shall be transferred to the ‘‘Office of Inspector
General’’ account for activities associated with carrying out inves-
tigations and audits related to the USPTO.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $953,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That of the amounts
appropriated under this heading, $62,532,000 shall be used for
the projects, and in the amounts, specified in the table immediately
following the paragraph ‘‘NIST STRS Community Project Funding/
NIST External Projects’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for the
projects referenced in the preceding proviso may not be transferred
for any other purpose: Provided further, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which
$175,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $37,000,000 shall be for the Manufac-
turing USA Program.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278c–278e), $462,285,000, to remain available until
expended: Provided, That of the amounts appropriated under this
heading, $332,285,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
‘‘NIST Construction Community Project Funding/NIST Extramural
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Construction’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
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136 STAT. 4516 PUBLIC LAW 117–328—DEC. 29, 2022
Provided further, That up to one percent of amounts made available
for the projects referenced in the preceding proviso may be used
Spending plan. for the administrative costs of such projects: Provided further, That
the Director of the National Institute of Standards and Technology
shall submit a spending plan to the Committees on Appropriations
of the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
Budget further, That the Secretary of Commerce shall include in the budget
estimates. justification materials for fiscal year 2024 that the Secretary sub-
Time periods.
15 USC 1513b mits to Congress in support of the Department of Commerce budget
note. (as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such project for
each of the 5 subsequent fiscal years.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot pro-
grams for State-led fisheries management, notwithstanding any
other provision of law; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$4,500,997,000, to remain available until September 30, 2024: Pro-
vided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may
be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$344,901,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activi-
ties related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Observers and
Training; Fisheries Management Programs and Services; and Inter-
jurisdictional Fisheries Grants: Provided further, That not to exceed
$71,299,000 shall be for payment to the ‘‘Department of Commerce
Working Capital Fund’’: Provided further, That of the
$4,868,898,000 provided for in direct obligations under this heading,
$4,500,997,000 is appropriated from the general fund, $344,901,000
is provided by transfer, and $23,000,000 is derived from recoveries
of prior year obligations: Provided further, That of the amounts
appropriated under this heading, $111,465,000 shall be used for
the projects, and in the amounts, specified in the table immediately
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following the paragraph ‘‘NOAA Community Project Funding/NOAA
Special Projects’’ in the explanatory statement described in section
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4517
4 (in the matter preceding division A of this consolidated Act):
Provided further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory state-
ment described in section 4 (in the matter preceding division A
of this consolidated Act), or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That in addition, for necessary retired pay expenses under
the Retired Serviceman’s Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired personnel
and their dependents under the Dependents’ Medical Care Act
(10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,653,630,000, to remain avail-
able until September 30, 2025, except that funds provided for
acquisition and construction of vessels and aircraft, and construction
of facilities shall remain available until expended: Provided, That
of the $1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the Budget
Secretary of Commerce shall include in budget justification mate- estimates.
rials for fiscal year 2024 that the Secretary submits to Congress Time periods.
15 USC 1513a
in support of the Department of Commerce budget (as submitted note.
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate
of the budgetary requirements for each such project for each of
the 5 subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2024: Provided, That, of the funds provided herein, Grants.
the Secretary of Commerce may issue grants to the States of Wash- State listing.
ington, Oregon, Idaho, Nevada, California, and Alaska, and to the Native
Americans.
federally recognized Tribes of the Columbia River and Pacific Coast Guidelines.
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endan-
gered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for conservation
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of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
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136 STAT. 4518 PUBLIC LAW 117–328—DEC. 29, 2022
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contribu-
tions of at least 33 percent of the Federal funds.
FISHERIES DISASTER ASSISTANCE
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94–265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99–659),
$300,000.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2023, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Mer-
chant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $95,000,000: Provided,
Time period. That no employee of the Department of Commerce may be detailed
Reimbursement. or assigned from a bureau or office funded by this Act or any
other Act to offices within the Office of the Secretary of the Depart-
ment of Commerce for more than 180 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
of assignment using funds provided under this heading: Provided
further, That amounts made available to the Department of Com-
merce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary cir-
cumstances that threaten life or property.
RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
NONRECURRING EXPENSES FUND
For necessary expenses for technology modernization projects
and cybersecurity risk mitigation of the Department of Commerce,
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$35,000,000, to remain available until September 30, 2025: Pro-
vided, That amounts made available under this heading are in
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4519
addition to such other funds as may be available for such purposes:
Provided further, That any unobligated balances of expired discre- Notification.
tionary funds transferred to the Department of Commerce Non- Time period.
recurring Expenses Fund, as authorized by section 111 of title
I of division B of Public Law 116–93, may be obligated only after
the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of the
planned use of funds.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $48,000,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropria- Certification.
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce Notification.
shall notify the Committees on Appropriations at least 15 days Time period.
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Depart-
ment of Commerce.
SEC. 104. The requirements set forth by section 105 of the Incorporation by
Commerce, Justice, Science, and Related Agencies Appropriations reference.
Applicability.
Act, 2012 (Public Law 112–55), as amended by section 105 of 33 USC 878a
title I of division B of Public Law 113–6, are hereby adopted note.
by reference and made applicable with respect to fiscal year 2023:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Pro-
gram is $6,837,900,000, the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
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$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
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136 STAT. 4520 PUBLIC LAW 117–328—DEC. 29, 2022
Reimbursement. SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) nec-
essary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursu-
ant to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a reimbursable
or non-reimbursable basis. Amounts received as reimbursement
for services provided under this section or the authority under
which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Child SEC. 106. Nothing in this title shall be construed to prevent
pornography. a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Reimbursement. SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropria-
tions, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian Tribal government, Terri-
tory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute adminis-
tered by the National Oceanic and Atmospheric Administration.
Records. SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Fee. Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
Grants. SEC. 109. To carry out the responsibilities of the National
Contracts. Oceanic and Atmospheric Administration (NOAA), the Adminis-
trator of NOAA is authorized to: (1) enter into grants and coopera-
tive agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local govern-
ment, Tribal government, Territory, or possession or any subdivi-
sions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be depos-
ited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2024, for such purposes: Pro-
vided further, That all funds within this section and their cor-
responding uses are subject to section 505 of this Act.
SEC. 110. Amounts provided by this Act or by any prior appro-
priations Act that remain available for obligation, for necessary
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expenses of the programs of the Economics and Statistics Adminis-
tration of the Department of Commerce, including amounts provided
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4521
for programs of the Bureau of Economic Analysis and the Bureau
of the Census, shall be available for expenses of cooperative agree-
ments with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
SEC. 111. Amounts provided by this Act for the Hollings Manu-
facturing Extension Partnership under the heading ‘‘National
Institute of Standards and Technology—Industrial Technology Serv-
ices’’ shall not be subject to cost share requirements under 15
U.S.C. 278k(e)(2): Provided, That the authority made available
pursuant to this section shall be elective, in whole or in part,
for any Manufacturing Extension Partnership Center that also
receives funding from a State that is conditioned upon the applica-
tion of a Federal cost sharing requirement.
SEC. 112. The Secretary of Commerce, or the designee of the Waiver authority.
Secretary, may waive—
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of
1972 (16 U.S.C. 1455, 1455a, and 1461) as necessary at the
request of the grant applicant, for amounts made available
under this Act under the heading ‘‘Operations, Research, and
Facilities’’ under the heading ‘‘National Oceanic and
Atmospheric Administration’’; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of
1972 (16 U.S.C. 1455, 1455a, and 1461) as necessary at the
request of the grant applicant, for amounts made available
under this Act under the heading ‘‘Procurement, Acquisition
and Construction’’ under the heading ‘‘National Oceanic and
Atmospheric Administration’’.
This title may be cited as the ‘‘Department of Commerce Appro-
priations Act, 2023’’.
TITLE II Department of
Justice
Appropriations
DEPARTMENT OF JUSTICE Act, 2023.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $145,000,000, of which $4,000,000 shall remain
available until September 30, 2024, and of which not to exceed
$4,000,000 for security and construction of Department of Justice
facilities shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
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For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
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136 STAT. 4522 PUBLIC LAW 117–328—DEC. 29, 2022
direction, $138,000,000, to remain available until expended: Pro-
vided, That the Attorney General may transfer up to $40,000,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
for enterprise-wide information technology initiatives: Provided fur-
ther, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$860,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account, and of which not
less than $29,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $50,000,000 of the total amount made available under
this heading shall remain available until September 30, 2027, for
build-out and modifications of courtroom space.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2024.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
Term extension. as authorized, $14,591,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
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petitions; and rent of private or Government-owned space in the
District of Columbia, $1,138,000,000, of which not to exceed
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4523
$50,000,000 for litigation support contracts and information tech-
nology projects, including cybersecurity and hardening of critical
networks, shall remain available until expended: Provided, That
of the amount provided for INTERPOL Washington dues payments,
not to exceed $685,000 shall remain available until expended: Pro-
vided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official
reception and representation expenses: Provided further, That of
the total amount appropriated, not to exceed $9,000 shall be avail-
able to the Criminal Division for official reception and representa-
tion expenses: Provided further, That notwithstanding section 205 Determination.
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated, Reimbursement.
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the elec-
tion monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election moni-
toring program, $3,390,000 shall remain available until expended:
Provided further, That any funds provided under this heading in
prior year appropriations Acts that remain available to the Civil
Rights Division for salaries and expenses associated with the elec-
tion monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) may also be used to carry out any
authorized purposes of the Civil Rights Division: Provided further,
That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, $31,738,000, to be appro-
priated from the Vaccine Injury Compensation Trust Fund and
to remain available until expended.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $225,000,000, to remain available until expended,
of which not to exceed $5,000 shall be available for official reception
and representation expenses: Provided, That notwithstanding any Fees.
other provision of law, fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $190,000,000 in fiscal year 2023), shall be retained
and used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the sum Reduction.
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herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2023,
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136 STAT. 4524 PUBLIC LAW 117–328—DEC. 29, 2022
so as to result in a final fiscal year 2023 appropriation from the
general fund estimated at $35,000,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agree-
ments, $2,632,000,000: Provided, That of the total amount appro-
priated, not to exceed $19,600 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
Human That each United States Attorney shall establish or participate
trafficking. in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $255,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
of discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available
in such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of law,
fees deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), shall be
retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That
to the extent that fees deposited into the Fund as discretionary
offsetting collections in fiscal year 2023, net of amounts necessary
to pay refunds due depositors, exceed $255,000,000, those excess
amounts shall be available in future fiscal years only to the extent
Reduction. provided in advance in appropriations Acts: Provided further, That
the sum herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2023, net of amounts
necessary to pay refunds due depositors, (estimated at $269,000,000)
and (2) to the extent that any remaining general fund appropria-
tions can be derived from amounts deposited in the Fund as discre-
tionary offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,504,000.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for pro-
tected witness safesites; not to exceed $3,000,000 is for the purchase
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and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4525
installation, maintenance, and upgrade of secure telecommuni-
cations equipment and a secure automated information network
to store and retrieve the identities and locations of protected wit-
nesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of this Determination.
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$1,705,000,000, of which not to exceed $20,000 shall be available
for official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
CONSTRUCTION
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and
related support, $18,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $2,129,789,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
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States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
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136 STAT. 4526 PUBLIC LAW 117–328—DEC. 29, 2022
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the activities of the
National Security Division, $133,512,000, of which not to exceed
$5,000,000 for information technology systems shall remain avail-
Determination. able until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $550,458,000, of which $50,000,000 shall remain avail-
Reimbursement. able until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $10,676,000,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$284,000 shall be available for official reception and representation
expenses.
CONSTRUCTION
For necessary expenses, to include the cost of equipment, fur-
niture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by pur-
chase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
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work environment facilities and secure networking capabilities;
$651,895,000, to remain available until expended.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4527
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,563,116,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be avail-
able for official reception and representation expenses: Provided,
That, notwithstanding section 3672 of Public Law 106–310, up
to $10,000,000 may be used to reimburse States, units of local
government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated
with clandestine methamphetamine laboratories, conversion and
extraction operations, tableting operations, or laboratories and proc-
essing operations for fentanyl and fentanyl-related substances
which may present a danger to public health or the environment.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Fire-
arms and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explo-
sives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,672,000,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
CONSTRUCTION
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and informa-
tion technology requirements; construction or acquisition of
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buildings, facilities, and sites by purchase, or as otherwise author-
ized by law; conversion, modification and extension of federally
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136 STAT. 4528 PUBLIC LAW 117–328—DEC. 29, 2022
owned buildings; and preliminary planning and design of projects;
$75,000,000, to remain available until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assist-
ance and advice on corrections related issues to foreign govern-
ments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First
Step Act of 2018 (Public Law 115–391), of which not less than
2 percent shall be transferred to and merged with the appropriation
for ‘‘Office of Justice Programs—Research, Evaluation and Statis-
tics’’ for the National Institute of Justice to carry out evaluations
of programs and activities related to the First Step Act of 2018:
42 USC 250a. Provided further, That the Attorney General may transfer to the
Department of Health and Human Services such amounts as may
be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Contracts. Provided further, That the Director of the Federal Prison System,
Determination. where necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts pay-
able to persons who, on behalf of the Federal Prison System, furnish
health services to individuals committed to the custody of the Fed-
eral Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain avail-
able until expended for necessary operations: Provided further, That,
of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make pay-
ments in advance for grants, contracts and reimbursable agree-
Donations. ments, and other expenses: Provided further, That the Director
of the Federal Prison System may accept donated property and
services relating to the operation of the prison card program from
a not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit entity fur-
nishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway houses,
or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites, and construction of new facili-
ties; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $108,000,000, to remain available until expended:
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Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4529
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby author- Contracts.
ized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corpora-
tion.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current pre-
scribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE ON VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assist-
ance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); title II
of the Civil Rights Act of 1968 (commonly known as the ‘‘Indian
Civil Rights Act of 1968’’) (Public Law 90–284) (‘‘the Indian Civil
Rights Act’’); the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Victims of
Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
the Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108–21); the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’);
the Violence Against Women and Department of Justice Reauthor-
ization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
Violence Against Women Reauthorization Act of 2013 (Public Law
113–4) (‘‘the 2013 Act’’); the Justice for Victims of Trafficking Act
of 2015 (Public Law 114–22) (‘‘the 2015 Act’’); and the Abolish
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Human Trafficking Act (Public Law 115–392); and the Violence
Against Women Act Reauthorization Act of 2022 (division W of
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136 STAT. 4530 PUBLIC LAW 117–328—DEC. 29, 2022
Public Law 117–103) (‘‘the 2022 Act’’); and for related victims serv-
ices, $700,000,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 5 percent
of funds made available under this heading may be used for
expenses related to evaluation, training, and technical assistance:
Provided further, That of the amount provided—
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as author-
ized by section 5903 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2023 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Pro-
grams;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assist-
ance to children and youth exposed to such violence; programs
to engage men and youth in preventing such violence; and
assistance to middle and high school students through edu-
cation and other services related to such violence, of which
$3,500,000 is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and stalking: Provided,
That unobligated balances available for the programs author-
ized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
Grants. for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
Applicability. the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I the 1968 Act,
of which $4,000,000 is for a homicide reduction initiative; up
to $4,000,000 is for a domestic violence lethality reduction
initiative; $8,000,000 is for an initiative to promote effective
policing and prosecution responses to domestic violence, dating
violence, sexual assault, and stalking, including evaluation of
the effectiveness of funded interventions (‘‘Policing and Prosecu-
tion Initiative’’); and $1,000,000 is for an initiative to enhance
prosecution and investigation of online abuse and harassment
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(‘‘Prosecution and Investigation of Online Abuse Initiative’’):
Provided, That subsections (c) and (d) of section 2101 of the
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4531
1968 Act shall not apply to the Policing and Prosecution Initia-
tive or the Prosecution and Investigation of Online Abuse Initia-
tive;
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as author-
ized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal Govern-
ments in exercising special Tribal criminal jurisdiction, as
authorized by section 204 of the Indian Civil Rights Act: Pro-
vided, That the grant conditions in section 40002(b) of the Applicability.
1994 Act shall apply to grants made;
(17) $2,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program to support restora-
tive justice responses to domestic violence, dating violence,
sexual assault, and stalking, including evaluations of those
responses: Provided, That the definitions and grant conditions Applicability.
in section 109 of the 2022 Act, shall apply to this program;
(19) $11,000,000 is for culturally specific services for vic-
tims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-designa-
tion of tribal prosecutors as Tribal Special Assistant United
States Attorneys: Provided, That the definitions and grant Applicability.
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conditions in section 40002 of the 1994 Act shall apply to
this initiative;
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136 STAT. 4532 PUBLIC LAW 117–328—DEC. 29, 2022
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and stalking,
including through the provision of technical assistance, as
Applicability. authorized by section 206 of the 2022 Act: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
Applicability. dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services
to underserved populations, as authorized by section 120 of
the 2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the effectiveness
Applicability. of funded projects: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and evalua-
tion activities, as authorized by section 41701 of the 1994
Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
OFFICE OF JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the
1994 Act’’); the Juvenile Justice and Delinquency Prevention Act
of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public
Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of
2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–
79) (‘‘PREA’’); the NICS Improvement Amendments Act of 2007
(Public Law 110–180); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198); the
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First Step Act of 2018 (Public Law 115–391); and other programs,
$77,000,000, to remain available until expended, of which—
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4533
(1) $42,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $35,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $7,500,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; $1,000,000
is for research to study the root causes of school violence
to include the impact and effectiveness of grants made under
the STOP School Violence Act of 2018 (title V of division S
of Public Law 115–141); $1,000,000 is for research on violence
against American Indians and Alaska Natives or otherwise
affecting indigenous communities, in connection with extractive
industry activities; $1,000,000 is for research on gun violence
prevention; $1,000,000 is for surveys on the campus sexual
assault climate; $1,200,000 is for a study on certain school-
based crimes; and $1,000,000 is for a study on law enforcement
and community agency responses to opioid overdoses.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (Public Law 90–351)
(‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–
405); the Victims of Child Abuse Act of 1990 (Public Law 101–
647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthor-
ization Act of 2005 (Public Law 109–164) (‘‘the TVPRA of 2005’’);
the Violence Against Women and Department of Justice Reauthor-
ization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109–248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106–386) (‘‘the Victims
of Trafficking Act’’); the NICS Improvement Amendments Act of
2007 (Public Law 110–180); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the
Prison Rape Elimination Act of 2003 (Public Law 108–79) (‘‘PREA’’);
the Second Chance Act of 2007 (Public Law 110–199); the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403); the Victims of Crime Act of
1984 (Public Law 98–473); the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110–416); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’);
the Justice for All Reauthorization Act of 2016 (Public Law 114–
324); Kevin and Avonte’s Law (division Q of Public Law 115–
141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
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Act of 2018 (title III of division S of Public Law 115–141) (‘‘the
Keep Young Athletes Safe Act’’); the STOP School Violence Act
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136 STAT. 4534 PUBLIC LAW 117–328—DEC. 29, 2022
of 2018 (title V of division S of Public Law 115–141) (‘‘the STOP
School Violence Act’’); the Fix NICS Act of 2018 (title VI of division
S of Public Law 115–141); the Project Safe Neighborhoods Grant
Program Authorization Act of 2018 (Public Law 115–185); the SUP-
PORT for Patients and Communities Act (Public Law 115–271);
the Second Chance Reauthorization Act of 2018 (Public Law 115–
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018
(Public Law 115–401); the Missing Persons and Unidentified
Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO
HATE Act (34 U.S.C. 30507); the Violence Against Women Act
Reauthorization Act of 2022 (division W of Public Law 117–103
(‘‘the 2022 Act’’); and other programs, $2,416,805,000, to remain
available until expended as follows—
(1) $770,805,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1—
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Surviv-
ability (VALOR);
(B) $3,500,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Per-
sons System;
(C) $10,000,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or disabilities;
(D) $5,000,000 is for a student loan repayment assist-
ance program pursuant to section 952 of Public Law 110–
315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Pro-
gram (title XXIV of the 1994 Act), as amended by Kevin
and Avonte’s Law;
(G) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(H) $13,000,000 is for the Capital Litigation Improve-
ment Grant Program, as authorized by section 426 of Public
Law 108–405, and for grants for wrongful conviction review;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti
Alert Act of 2018 (Public Law 115–401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
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(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4535
(N) $6,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116–277);
(O) $4,000,000 is for a drug data research center to
combat opioid abuse;
(P) $1,500,000 is for grants to accredited institutions
of higher education to support forensic ballistics programs;
(Q) $229,551,000 is for discretionary grants to improve
the functioning of the criminal justice system, to prevent
or combat juvenile delinquency, and to assist victims of
crime (other than compensation), which shall be used for
the projects, and in the amounts, specified under the
heading, ‘‘Byrne Discretionary Community Project Grants/
Byrne Discretionary Grants’’, in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such amounts
may not be transferred for any other purpose;
(R) $5,000,000 is for the purposes authorized under
section 1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve virtual
training for law enforcement; and
(T) $7,000,000 is for programs for cybercrime enforce-
ment, as authorized by sections 1401 and 1402 of the
2022 Act;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $95,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of the Victims
of Trafficking Act, by the TVPRA of 2005, or programs author-
ized under Public Law 113–4;
(4) $13,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110–
403, of which not less than $2,500,000 is for intellectual prop-
erty enforcement grants including as authorized by section
401, and $2,000,000 is for grants to develop databases on Inter-
net of Things device capabilities and to build and execute
training modules for law enforcement;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Part-
nership Grant Program, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 shall be transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
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Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
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136 STAT. 4536 PUBLIC LAW 117–328—DEC. 29, 2022
Improvement Amendments Act of 2007 (Public Law 110–180)
and Fix NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $170,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $130,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $20,000,000 for other local, State, and Federal
forensic activities;
(C) $15,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Pro-
gram (Public Law 108–405, section 412); and
(D) $5,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $55,000,000 for community-based grant programs to
improve the response to sexual assault, including assistance
for investigation and prosecution of related cold cases;
(12) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199) and by the Second Chance Reauthoriza-
tion Act of 2018 (Public Law 115–391), without regard to the
time limitations specified at section 6(1) of such Act, of which
not to exceed—
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental
and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanc-
tions in probation, of which no less than $500,000 shall
be used for a project that provides training, technical assist-
ance, and best practices; and
(D) $10,000,000 is for a grant program for crisis sta-
bilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020
(Public Law 116–281):
Provided, That up to $7,500,000 of funds made available in
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this paragraph may be used for performance-based awards
for Pay for Success projects, of which up to $5,000,000 shall
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4537
be for Pay for Success programs implementing the Permanent
Supportive Housing Model and reentry housing;
(15) $445,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the fol-
lowing programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which—
(A) $95,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $45,000,000 is for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $45,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $35,000,000 is for a veterans treatment courts pro-
gram;
(E) $35,000,000 is for a program to monitor prescrip-
tion drugs and scheduled listed chemical products; and
(F) $190,000,000 is for a comprehensive opioid, stimu-
lant, and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $3,500,000 for grants to State and local law enforce-
ment agencies for the expenses associated with the investiga-
tion and prosecution of criminal offenses involving civil rights,
authorized by the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 (Public Law 114–325);
(19) $25,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111–84);
(20) $10,000,000 for grants to support community-based
approaches to advancing justice and reconciliation, facilitating
dialogue between all parties, building local capacity, de-esca-
lating community tensions, and preventing hate crimes through
conflict resolution and community empowerment and education;
(21) $10,000,000 for programs authorized under the Jabara-
Heyer NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-commu-
nity relations, of which $35,000,000 is for a competitive
matching grant program for purchases of body-worn cameras
for State, local, and Tribal law enforcement; $35,000,000 is
for a justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction; and
$50,000,000 is for a community violence intervention and
prevention initiative:
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Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
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136 STAT. 4538 PUBLIC LAW 117–328—DEC. 29, 2022
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service: Provided further,
That in the spending plan submitted pursuant to section 528 of
this Act, the Office of Justice Programs shall specifically and explic-
itly identify all changes in the administration of competitive grant
programs for fiscal year 2023, including changes to applicant eligi-
bility, priority areas or weightings, and the application review
process.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public
Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law
101–647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’);
the PROTECT Our Children Act of 2008 (Public Law 110–401);
the Violence Against Women Reauthorization Act of 2013 (Public
Law 113–4) (‘‘the 2013 Act’’); the Justice for All Reauthorization
Act of 2016 (Public Law 114–324); the Missing Children’s Assistance
Act of 2018 (Public Law 115–267); the Juvenile Justice Reform
Act of 2018 (Public Law 115–385); the Victims of Crime Act of
1984 (chapter XIV of title II of Public Law 98–473) (‘‘the 1984
Act’’); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114–198); and other juvenile justice programs,
$400,000,000, to remain available until expended as follows—
(1) $75,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local, and Tribal juvenile justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which, pursu-
ant to sections 261 and 262 of the 1974 Act—
(A) $5,000,000 shall be for grants to prevent trafficking
of girls;
(B) $17,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated par-
ents;
(D) $5,500,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $12,500,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and substance use
disorder;
(F) $10,000,000 shall be for an initiative relating to
children exposed to violence; and
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(G) $2,000,000 shall be for grants to protect vulnerable
and at-risk youth;
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4539
(4) $41,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children pro-
grams, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PRO-
TECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding pro-
visos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for adminis-
trative costs), to remain available until expended; and $34,800,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding Determination.
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Violence Against Women and Department of Justice Reauthoriza-
tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Amer-
ican Law Enforcement Heroes Act of 2017 (Public Law 115–37);
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the Law Enforcement Mental Health and Wellness Act (Public
Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients
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136 STAT. 4540 PUBLIC LAW 117–328—DEC. 29, 2022
and Communities Act (Public Law 115–271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116–32)
(‘‘the STOIC Act’’), $662,880,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act: Provided further, That of the amount pro-
vided under this heading—
(1) $324,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $34,000,000
is for improving Tribal law enforcement, including hiring, equip-
ment, training, anti-methamphetamine activities, and anti-
opioid activities: Provided further, That of the amounts appro-
priated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That of
the amounts appropriated under this paragraph, no less than
$4,000,000 is to support the Tribal Access Program: Provided
further, That of the amounts appropriated under this para-
graph, $10,000,000 is for training, peer mentoring, mental
health program activities, and other support services as author-
ized under the LEMHW Act and the STOIC Act: Provided
further, That of the amounts appropriated under this para-
graph, $7,500,000 is for the collaborative reform model of tech-
nical assistance in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and labora-
Drugs and drug tory dump seizures: Provided, That funds appropriated under
abuse. this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diver-
sion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
Drugs and drug That these funds shall be utilized for investigative purposes
abuse. to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for pur-
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poses authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141);
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4541
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be used
for the projects, and in the amounts, specified under the
heading, ‘‘Community Oriented Policing Services, Technology
and Equipment Community Projects/ COPS Law Enforcement
Technology and Equipment’’, in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not
be transferred for any other purpose: Provided further, That
grants funded by such amounts shall not be subject to section
1703 of title I of the 1968 Act (34 U.S.C. 10383).
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall Abortion.
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibi-
tion be declared unconstitutional by a court of competent jurisdic-
tion, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall Abortion.
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the Prisons and
obligation of the Director of the Bureau of Prisons to provide escort prisoners.
services necessary for a female inmate to receive such service out- Abortion.
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
this section shall not apply to the following—
(1) paragraph 1(Q) under the heading ‘‘State and Local
Law Enforcement Assistance’’; and
(2) paragraph (7) under the heading ‘‘Community Oriented
Policing Services Programs’’.
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SEC. 206. None of the funds made available under this title Prisons and
may be used by the Federal Bureau of Prisons or the United prisoners.
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136 STAT. 4542 PUBLIC LAW 117–328—DEC. 29, 2022
States Marshals Service for the purpose of transporting an indi-
vidual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
Prisons and SEC. 207. (a) None of the funds appropriated by this Act may
prisoners. be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
Certification. SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appro-
priations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
Applicability. SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or author-
ized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statis-
tics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assist-
ance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
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of Justice and the Bureau of Justice Statistics, shall be trans-
ferred to and merged with funds provided to the National
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4543
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
This section shall not apply to paragraph 1(Q) under the
heading ‘‘State and Local Law Enforcement Assistance’’.
SEC. 213. Upon request by a grantee for whom the Attorney Determination.
General has determined there is a fiscal hardship, the Attorney Time period.
General may, with respect to funds appropriated in this or any Waiver authority.
other Act making appropriations for fiscal years 2020 through 2023
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard commu-
nities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act, Firearms.
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2023, except up to $12,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances trans-
ferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2023, and any use, obligation, transfer, or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2023, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under such authori-
ties as have been enacted for Performance Partnership Pilots in
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appropriations acts in prior fiscal years and the current fiscal
year.
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136 STAT. 4544 PUBLIC LAW 117–328—DEC. 29, 2022
Time period. SEC. 218. The Attorney General shall submit to the Committees
Reports. on Appropriations of the House of Representatives and the Senate
quarterly reports on the Crime Victims Fund, the Working Capital
Fund, the Three Percent Fund, and the Asset Forfeiture Fund.
Such quarterly reports shall contain at least the same level of
information and detail for each Fund as was provided to the
Committees on Appropriations of the House of Representatives and
the Senate in fiscal year 2022.
SEC. 219. Section 3201 of Public Law 101–647, as amended
(28 U.S.C. 509 note), is hereby amended: (1) by striking ‘‘or the
Immigration and Naturalization Service’’ and inserting ‘‘the Federal
Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explo-
sives, or the United States Marshals Service’’; and (2) by striking
‘‘$25,000’’ and inserting ‘‘$50,000’’.
Live tissue. SEC. 220. None of the funds made available under this Act
Determination. may be used to conduct, contract for, or otherwise support, live
tissue training, unless the Attorney General issues a written, non-
delegable determination that such training is medically necessary
and cannot be replicated by alternatives.
Alabama. SEC. 221. (a) DESIGNATION.—The facilities of the Federal
Bureau of Investigation at Redstone Arsenal, Alabama, shall be
known and designated as the ‘‘Richard Shelby Center for Innovation
and Advanced Training’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the facili-
ties of the Federal Bureau of Investigation at Redstone Arsenal
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Richard Shelby Center for Innovation and Advanced
Training’’.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2023’’.
Science TITLE III
Appropriations
Act, 2023. SCIENCE
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$7,965,000.
NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in car-
rying out the purposes of title V of Public Law 100–685 and Execu-
tive Order No. 13803, hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
$1,965,000: Provided, That notwithstanding any other provision
of law, the National Space Council may accept personnel support
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from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4545
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program manage-
ment; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,795,000,000, to remain
available until September 30, 2024.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activi-
ties, including research, development, operations, support, and serv-
ices; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, mainte-
nance, and operation of mission and administrative aircraft,
$935,000,000, to remain available until September 30, 2024.
SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; pro-
gram management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, mainte-
nance, and operation of mission and administrative aircraft,
$1,200,000,000, to remain available until September 30, 2024: Pro-
vided, That $227,000,000 shall be for On-orbit Servicing, Assembly,
and Manufacturing 1: Provided further, That $110,000,000 shall
be for the development, production, and demonstration of a nuclear
thermal propulsion system, of which not less than $45,000,000
shall be for reactor development, not less than $45,000,000 shall
be for fuel materials development, and not less than $20,000,000
shall be for non-nuclear systems development and acquisition plan-
ning: Provided further, That, not later than 180 days after the Deadline.
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enactment of this Act, the National Aeronautics and Space Adminis- Plan.
tration shall provide a plan for the design of a flight demonstration.
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136 STAT. 4546 PUBLIC LAW 117–328—DEC. 29, 2022
EXPLORATION
For necessary expenses, not otherwise provided for, in the
conduct and support of Artemis Campaign Development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program manage-
ment; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,468,850,000, to remain
available until September 30, 2024: Provided, That not less than
$1,338,700,000 shall be for the Orion Multi-Purpose Crew Vehicle:
Provided further, That not less than $2,600,000,000 shall be for
the Space Launch System (SLS) launch vehicle, which shall have
a lift capability not less than 130 metric tons and which shall
have core elements and an Exploration Upper Stage developed
simultaneously to be used to the maximum extent practicable,
including for Earth to Moon missions and Moon landings: Provided
further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including
the Exploration Upper Stage and associated systems including
related facilitization, to support an SLS Block 1B mission available
to launch in 2025 in addition to the planned Block 1 missions
for Artemis I through Artemis III: Provided further, That
$799,150,000 shall be for Exploration Ground Systems and associ-
ated Block 1B activities, including up to $281,350,000 for a second
Time period. mobile launch platform: Provided further, That the National Aero-
Budget profile. nautics and Space Administration shall provide to the Committees
on Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence that
contemplates the use of an SLS Block 1B cargo variant with an
8.4 meter fairing and associated ground systems: Provided further,
That $2,600,300,000 shall be for Artemis Campaign Development.
SPACE OPERATIONS
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications activi-
ties, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $4,250,000,000, to remain
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available until September 30, 2024.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4547
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ENGAGEMENT
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, develop-
ment, operations, support, and services; program management; per-
sonnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $143,500,000, to remain
available until September 30, 2024, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $58,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, explo-
ration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; pro-
gram management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official recep-
tion and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$3,129,451,000, to remain available until September 30, 2024: Pro-
vided, That if available balances in the ‘‘Science, Space, and Tech-
nology Education Trust Fund’’ are not sufficient to provide for
the grant disbursements required under the third and fourth pro-
visos under such heading in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1989
(Public Law 100–404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1995 (Public Law 103–327) up to
$1,000,000 shall be available from amounts made available under
this heading to make such grant disbursements: Provided further,
That of the amounts appropriated under this heading, $30,701,000
shall be used for the projects, and in the amounts, specified in
the table under the heading ‘‘NASA Community Projects/NASA
Special Projects’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
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construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
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136 STAT. 4548 PUBLIC LAW 117–328—DEC. 29, 2022
condemnation of real property, as authorized by law, and environ-
mental compliance and restoration, $47,300,000, to remain available
Contracts. until September 30, 2028: Provided, That proceeds from leases
Time period. deposited into this account shall be available for a period of 5
51 USC 20145 years to the extent and in amounts as provided in annual appropria-
note.
tions Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2023 in an amount not to exceed $25,000,000: Provided further,
Budget request. That each annual budget request shall include an annual estimate
Estimate. of gross receipts and collections and proposed use of all funds
51 USC 30103 collected pursuant to section 20145 of title 51, United States Code.
note.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of
which $500,000 shall remain available until September 30, 2024.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
51 USC 20144 Funds for any announced prize otherwise authorized shall
note. remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appro-
priations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any funds transferred to ‘‘Construction and Environ-
mental Compliance and Restoration’’ for construction activities shall
not increase that account by more than 50 percent and any funds
transferred to or within ‘‘Exploration’’ for Exploration Ground Sys-
tems shall not increase Exploration Ground Systems by more than
$49,300,000. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expendi-
ture in fiscal year 2023 may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
Spending plan. The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
as any subsequent change of an amount established in that
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spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4549
505 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year Construction
and Environmental Compliance and Restoration (CECR) appropria-
tion may be applied to CECR projects funded under previous years’
CECR appropriations. Use of current-year funds under this provi-
sion shall be treated as a reprogramming of funds under section
505 of this act and shall not be available for obligation except
in compliance with the procedures set forth in that section.
Of the amounts made available in this Act under the heading
‘‘Science, Technology, Engineering, and Mathematics Engagement’’
(‘‘STEM Engagement’’), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from
amounts made available in this Act under the headings ‘‘Science’’,
‘‘Aeronautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space Oper-
ations’’, projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including
Minority Serving Institutions.
Section 30102(b) of title 51, United States Code, is amended
by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
‘‘(3) INFORMATION TECHNOLOGY (IT) MODERNIZATION.—The
fund shall also be available for the purpose of funding IT
Modernization activities, as described in section 1077(b)(3)(A)–
(E) of Public Law 115–91, on a non-reimbursable basis.’’.
Not to exceed $18,162,000 made available for the current fiscal
year in this Act within ‘‘Safety, Security and Mission Services’’
may be transferred to the Working Capital Fund of the National
Aeronautics and Space Administration. Balances so transferred
shall be available until expended only for activities described in
section 30102(b)(3) of title 51, United States Code, as amended
by this Act, and shall remain available until expended. Any transfer
pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $7,021,136,000, to
remain available until September 30, 2024, of which not to exceed
$640,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
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Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
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136 STAT. 4550 PUBLIC LAW 117–328—DEC. 29, 2022
Science Foundation supported research facilities may be credited
to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facili-
ties, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including author-
ized travel, $187,230,000, to remain available until expended.
STEM EDUCATION
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $1,154,000,000,
to remain available until September 30, 2024.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allow-
ances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $448,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
Contracts. expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2023 for maintenance and oper-
ation of facilities and for other services to be provided during
the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $23,393,000, of
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which $400,000 shall remain available until September 30, 2024.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4551
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall Notification.
notify the Committees on Appropriations of the House of Represent- Time period.
atives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
There is hereby established in the Treasury of the United 42 USC 1875a.
States a fund to be known as the ‘‘National Science Foundation
Nonrecurring Expenses Fund’’ (the Fund). Unobligated balances
of expired discretionary funds appropriated for this or any suc-
ceeding fiscal year from the General Fund of the Treasury to
the National Science Foundation by this or any other Act may
be transferred (not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund. Amounts deposited
in the Fund shall be available until expended, and in addition
to such other funds as may be available for such purposes, for
information and business technology system modernization and
facilities infrastructure improvements, including nonrecurring
maintenance, necessary for the operation of the Foundation or
its funded research facilities, subject to approval by the Office
of Management and Budget. Amounts in the Fund may be obligated Notification.
only after the Committees on Appropriations of the House of Rep- Time period.
resentatives and the Senate are notified at least 15 days in advance
of the planned use of funds.
This title may be cited as the ‘‘Science Appropriations Act,
2023’’.
TITLE IV
RELATED AGENCIES
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $14,350,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
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used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
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136 STAT. 4552 PUBLIC LAW 117–328—DEC. 29, 2022
Donations. days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $2,000,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $455,000,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
Workforce funds: Provided further, That the Commission may take no action
proposals. to implement any workforce repositioning, restructuring, or reorga-
Notification. nization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming require-
Donations. ments of section 505 of this Act: Provided further, That the Chair
may accept and use any gift or donation to carry out the work
of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as author-
ized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$122,400,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$560,000,000, of which $516,100,000 is for basic field programs
and required independent audits; $5,700,000 is for the Office of
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Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $26,200,000
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4553
is for management and grants oversight; $5,000,000 is for client
self-help and information technology; $5,000,000 is for a Pro Bono
Innovation Fund; and $2,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the Applicability.
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2022 and 2023,
respectively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $4,500,000.
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $61,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, not to exceed $124,000
shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For activities of the United States Trade Representative author-
ized by section 611 of the Trade Facilitation and Trade Enforcement
Act of 2015 (19 U.S.C. 4405), including transfers, $15,000,000,
to be derived from the Trade Enforcement Trust Fund: Provided,
That any transfer pursuant to subsection (d)(1) of such section
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shall be treated as a reprogramming under section 505 of this
Act.
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136 STAT. 4554 PUBLIC LAW 117–328—DEC. 29, 2022
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2024: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Pro-
vided further, That, for the purposes of section 505 of this Act,
the State Justice Institute shall be considered an agency of the
United States Government.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Propaganda. SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Contracts. SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
Contracts. SEC. 505. None of the funds provided under this Act, or provided
Notification. under previous appropriations Acts to the agencies funded by this
Time period. Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project, or activity; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorga-
nizes or renames offices, programs, or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or
activity, or numbers of personnel by 10 percent; or (8) results
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from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4555
projects, or activities as approved by Congress; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
SEC. 506. (a) If it has been finally determined by a court Determination.
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the Definition.
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the Time period.
National Science Foundation, and the National Aeronautics and Reports.
Space Administration shall provide to the Committees on Appropria-
tions of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, com-
mitted balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Com- Applicability.
merce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be Tobacco and
available to promote the sale or export of tobacco or tobacco prod- tobacco products.
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
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except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
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136 STAT. 4556 PUBLIC LAW 117–328—DEC. 29, 2022
34 USC 20101 SEC. 510. Notwithstanding any other provision of law, amounts
note. deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $1,900,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwith-
standing section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associ-
ated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
Discrimination. SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
Audits. SEC. 513. (a) The Inspectors General of the Department of
Reports. Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
Deadline. (b) Within 60 days after the date on which an audit described
Public in subsection (a) by an Inspector General is completed, the Sec-
information. retary, Attorney General, Administrator, Director, or President,
Web posting.
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
Certification. (c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
Effective date. (d) The provisions of the preceding subsections of this section
Determination. shall take effect 30 days after the date on which the Director
Applicability. of the Office of Management and Budget, in consultation with
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the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4557
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 514. (a) None of the funds appropriated or otherwise Reviews.
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information pro-
vided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Fed- Assessment.
eral entity, conducted an assessment of any risk of cyber- Cyber threats.
espionage or sabotage associated with the acquisition of such Country listing.
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China, the
Islamic Republic of Iran, the Democratic People’s Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-
impact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST, the FBI, and Mitigation
supply chain risk management experts, a mitigation strategy strategy.
for any identified risks;
(2) determined, in consultation with NIST and the FBI, Determination.
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on Reports.
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 515. None of the funds made available in this Act shall Torture.
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agree-
ment the text of—
(1) paragraph 2 of article 16.7 of the United States–Singa-
pore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Aus-
tralia Free Trade Agreement; or
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(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
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136 STAT. 4558 PUBLIC LAW 117–328—DEC. 29, 2022
National security SEC. 517. None of the funds made available in this Act may
letter. be used to authorize or issue a national security letter in contraven-
tion of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Pri-
vacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
Notifications. SEC. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Deadline. Administrator, or Director. The Secretary, Administrator, or
Determination. Director shall notify the House and Senate Committees on Appro-
Statement.
Cost estimates.
priations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2023 until the enactment
of the Intelligence Authorization Act for fiscal year 2023.
Contracts. SEC. 520. None of the funds appropriated or otherwise made
Grants. available by this Act may be used to enter into a contract in
Certification.
Taxes.
an amount greater than $5,000,000 or to award a grant in excess
Time periods. of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
Deadlines. SEC. 521. (a) Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 111(a) of division B of Public
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Law 116–93, $50,000,000 are hereby permanently rescinded not
later than September 30, 2023.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4559
(b) Of the unobligated balances from prior year appropriations
available to the Department of Commerce under the heading ‘‘Eco-
nomic Development Administration, Economic Development Assist-
ance Programs’’, $10,000,000 are hereby permanently rescinded,
not later than September 30, 2023.
(c) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are
hereby permanently rescinded, not later than September 30, 2023,
from the following accounts in the specified amounts—
(1) ‘‘State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Preven-
tion and Prosecution Programs’’, $15,000,000;
(2) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $75,000,000; and
(3) ‘‘State and Local Law Enforcement Activities, Commu-
nity Oriented Policing Services’’, $15,000,000.
(d) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2023, from the following accounts
in the specified amounts—
(1) ‘‘Working Capital Fund’’, $705,768,000; and
(2) ‘‘Legal Activities, Assets Forfeiture Fund’’, $500,000,000.
(e) The Departments of Commerce and Justice shall submit Reports.
to the Committees on Appropriations of the House of Representa-
tives and the Senate a report no later than September 1, 2023,
specifying the amount of each rescission made pursuant to sub-
sections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d)
shall not be from amounts that were designated by the Congress
as an emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and
(d) shall not be from—
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ‘‘State and Local Law Enforcement Activi-
ties—Office of Justice Programs—State and Local Law Enforce-
ment Assistance’’ in title II of division B of Public Law 117–
103; or
(2) amounts provided under paragraph (7) under the
heading ‘‘State and Local Law Enforcement Activities—Commu-
nity Oriented Policing Services—Community Oriented Policing
Services Programs’’ in title II of division B of Public Law
117–103.
SEC. 522. None of the funds made available in this Act may Airline travel.
be used to purchase first class or premium airline travel in con-
travention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 523. None of the funds made available in this Act may Conference
be used to send or otherwise pay for the attendance of more than attendees.
50 employees from a Federal department or agency, who are sta-
tioned in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or oper-
ational conference for law enforcement personnel and the
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majority of Federal employees in attendance are law enforce-
ment personnel stationed outside the United States; or
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136 STAT. 4560 PUBLIC LAW 117–328—DEC. 29, 2022
Determinations. (2) such conference is a scientific conference and the depart-
Notifications. ment or agency head determines that such attendance is in
Deadline.
the national interest and notifies the Committees on Appropria-
tions of the House of Representatives and the Senate within
at least 15 days of that determination and the basis for that
determination.
Performance SEC. 524. The Director of the Office of Management and Budget
plan. shall instruct any department, agency, or instrumentality of the
Reports.
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumen-
tality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
Time period. (4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Light bulbs. SEC. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
China. SEC. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSC) to develop, design, plan, promul-
gate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilat-
erally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
Certification. (c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA, OSTP, or NSC, after consulta-
tion with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
Determination. (2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
Deadline. (d) Any certification made under subsection (c) shall be sub-
mitted to the Committees on Appropriations of the House of Rep-
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resentatives and the Senate, and the Federal Bureau of Investiga-
tion, no later than 30 days prior to the activity in question and-
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4561
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
SEC. 527. (a) None of the funds made available in this Act Pornography.
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim assist-
ance-related activity.
SEC. 528. The Departments of Commerce and Justice, the Spending plans.
National Aeronautics and Space Administration, the National Deadline.
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, the National Space Council,
and the State Justice Institute shall submit spending plans, signed
by the respective department or agency head, to the Committees
on Appropriations of the House of Representatives and the Senate
not later than 45 days after the date of enactment of this Act.
SEC. 529. Notwithstanding any other provision of this Act, Contracts.
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory perform-
ance or for performance that does not meet the basic requirements
of a contract.
SEC. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Adminis-
tration.
SEC. 531. None of the funds made available under this Act State listing.
to the Department of Justice may be used, with respect to any District of
Columbia.
of the States of Alabama, Alaska, Arizona, Arkansas, California, Territories.
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Medical
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachu- marijuana.
setts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
vania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wis-
consin, and Wyoming, or with respect to the District of Columbia,
the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, or Puerto Rico, to prevent any of
them from implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical marijuana.
SEC. 532. The Department of Commerce, the National Aero- Reports.
nautics and Space Administration, and the National Science China.
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
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SEC. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
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136 STAT. 4562 PUBLIC LAW 117–328—DEC. 29, 2022
for Public Works grants authorized by the Public Works and Eco-
nomic Development Act of 1965 and grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722) shall be allocated for assistance in persistent
Definition. poverty counties: Provided, That for purposes of this section, the
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
Exports and SEC. 534. (a) Notwithstanding any other provision of law or
imports. treaty, none of the funds appropriated or otherwise made available
Canada. under this Act or any other Act may be expended or obligated
Firearms.
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, acces-
sories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Traf-
ficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumer-
ated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
President. (d) The President may require export licenses under this section
Determination. on a temporary basis if the President determines, upon publication
Federal Register, first in the Federal Register, that the Government of Canada has
publication.
implemented or maintained inadequate import controls for the arti-
cles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in inter-
national terrorism or in the escalation of a conflict in another
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Termination. nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4563
SEC. 535. Notwithstanding any other provision of law, no Firearms.
department, agency, or instrumentality of the United States Ammunition.
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 536. None of the funds made available by this Act may Exports and
be used to pay the salaries or expenses of personnel to deny, imports.
or fail to act on, an application for the importation of any model Firearms.
of shotgun if—
(1) all other requirements of law with respect to the pro-
posed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adapt-
able to sporting purposes.
SEC. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 538. None of the funds appropriated or otherwise made Khalid Sheikh
available in this or any other Act may be used to transfer, release, Mohammed.
or assist in the transfer or release to or within the United States, Detainees.
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United Cuba.
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 539. (a) None of the funds appropriated or otherwise Detainees.
made available in this or any other Act may be used to construct, Cuba.
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guanta-
namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 540. (a) The remaining unobligated balances of funds
as of September 30, 2023, from amounts made available to ‘‘Office
of the United States Trade Representative—Salaries and Expenses’’
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in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
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136 STAT. 4564 PUBLIC LAW 117–328—DEC. 29, 2022
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appro-
priated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authori-
ties for which the funds were originally provided in Public Law
116–113, except that all references to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(b) The remaining unobligated balances of funds as of Sep-
tember 30, 2023, from amounts made available to ‘‘Office of the
United States Trade Representative—Trade Enforcement Trust
Fund’’ in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116–113), are hereby rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appro-
priated on September 30, 2023, for an additional amount for fiscal
year 2023, to remain available until September 30, 2024, and shall
be available for the same purposes, in addition to other funds
as may be available for such purposes, and under the same authori-
ties for which the funds were originally provided in Public Law
116–113, except that the reference to ‘‘2023’’ under such heading
in Public Law 116–113 shall be deemed to refer instead to ‘‘2024’’.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Con-
gress as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022, and section 1(e) of H. Res.
1151 (117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
(d) Each amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concur-
rent resolution on the budget for fiscal year 2022, and section
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House
of Representatives on June 8, 2022.
SEC. 541. Funds made available to the Department of Com-
merce and under the heading ‘‘Department of Justice—Federal
Bureau of Investigation—Salaries and Expenses’’ in this Act and
any remaining unobligated balances of funds made available to
the Department of Commerce and under the heading ‘‘Department
of Justice—Federal Bureau of Investigation—Salaries and
Expenses’’ in prior year Acts, other than amounts designated by
the Congress as being for an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, shall be available
to provide payments pursuant to section 901(i)(2) of title IX of
division J of the Further Consolidated Appropriations Act, 2020
(22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant
to the matter preceding this proviso may not exceed $5,000,000
for the Department of Commerce and $5,000,000 for the Federal
Bureau of Investigation.
Time period. SEC. 542. (a) None of the funds in this Act may be used
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Plan. for design or construction of the Mobile Launcher 2 until 30 days
Costs. after the Administrator of the National Aeronautics and Space
Schedule.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4565
Administration (the ‘‘Administrator’’) submits a plan to the Commit-
tees on Appropriations of the House of Representatives and the
Senate (the ‘‘Committees’’), the Government Accountability Office,
and the Office of Inspector General of the National Aeronautics
and Space Administration detailing a cost and schedule baseline
for the Mobile Launcher 2. Such plan shall include each of the Estimate.
requirements described in subsection (c)(2) of section 30104 of title
51, United States Code, as well as an estimated date for completion
of design and construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan Reports.
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of the
National Aeronautics and Space Administration on steps taken
to implement such plan.
SEC. 543. (a)(1) Within 45 days of enactment of this Act, the Deadlines.
Secretary of Commerce shall allocate amounts made available from Allocations.
the Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America Fund for fiscal year 2023 pursuant to paragraphs
(1) and (2) of section 102(a) of the CHIPS Act of 2022 (division
A of Public Law 117–167), including the transfer authority in such
paragraphs of that section of that Act, to the accounts specified,
in the amounts specified, and for the projects and activities speci-
fied, in the table titled ‘‘Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS
Act Fiscal Year 2023’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(2) Within 45 days of enactment of this Act, the Secretary
of Commerce shall allocate amounts made available from the Public
Wireless Supply Chain Innovation Fund for fiscal year 2023 pursu-
ant to section 106 of the CHIPS Act of 2022 (division A of Public
Law 117–167), including the transfer authority in section 106(b)(2)
of that Act, to the accounts specified, in the amounts specified,
and for the projects and activities specified, in the table titled
‘‘Department of Commerce Allocation of National Telecommuni-
cations and Information Administration Funds: CHIPS Act Fiscal
Year 2023’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of
the National Science Foundation shall allocate amounts made avail-
able from the Creating Helpful Incentives to Produce Semiconduc-
tors (CHIPS) for America Workforce and Education Fund for fiscal
year 2023 pursuant to section 102(d)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified
in the table titled ‘‘National Science Foundation Allocation of Funds:
CHIPS Act Fiscal Year 2023’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2)
of such Act if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Departments of
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Commerce and Justice, Science, and Related Agencies: Provided,
That in any fiscal year, the matter preceding this proviso shall
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136 STAT. 4566 PUBLIC LAW 117–328—DEC. 29, 2022
not apply to the allocation, apportionment, or allotment of amounts
for continuing administration of programs allocated funds from
the CHIPS for America Fund, which may be allocated only in
amounts that are no more than the allocation for such purposes
in subsection (a) of this section.
Notifications. (c) Subject to prior consultation with, and the regular notifica-
Reallocations. tion procedures of, the Committees on Appropriations of the House
of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act—
(1) the Secretary of Commerce may reallocate funds allo-
cated to Industrial Technology Services for section 9906 of
Public Law 116–283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(3) of this section.
Allocations. (d) Concurrent with the annual budget submission of the Presi-
dent for fiscal year 2024, the Secretary of Commerce and the
Director of the National Science Foundation, as appropriate, shall
each submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by account
and by program, project, or activity, with detailed justifications,
for amounts made available under section 102(a)(2) and section
102(d)(2) of the CHIPS Act of 2022 for fiscal year 2024.
Reports. (e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Fund for amounts allocated
pursuant to subsection (a)(1) of this section, the status of balances
of projects and activities funded by the Public Wireless Supply
Chain Innovation Fund for amounts allocated pursuant to sub-
section (a)(2) of this section, and the status of balances of projects
and activities funded by the CHIPS for America Workforce and
Education Fund for amounts allocated pursuant to subsection (a)(3)
of this section, including all uncommitted, committed, and unobli-
gated funds.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2023’’.
Department of DIVISION C—DEPARTMENT OF DEFENSE
Defense APPROPRIATIONS ACT, 2023
Appropriations
Act, 2023.
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
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amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $49,628,305,000.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4567
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $36,706,395,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $15,050,088,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $35,427,788,000.
MILITARY PERSONNEL, SPACE FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Space Force on active duty and cadets;
for members of the Reserve Officers’ Training Corps; and for pay-
ments pursuant to section 156 of Public Law 97–377, as amended
(42 U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $1,109,400,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 7038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
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of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
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136 STAT. 4568 PUBLIC LAW 117–328—DEC. 29, 2022
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $5,212,834,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,400,831,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $826,712,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$2,457,519,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
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while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4569
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $9,232,554,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Army, and
payments may be made upon the Secretary’s certificate of necessity
for confidential military purposes.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $68,260,046,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of the Navy, and payments may be made upon the Sec-
retary’s certificate of necessity for confidential military purposes.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $9,891,998,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$60,279,937,000: Provided, That not to exceed $7,699,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Air Force,
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and payments may be made upon the Secretary’s certificate of
necessity for confidential military purposes.
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136 STAT. 4570 PUBLIC LAW 117–328—DEC. 29, 2022
OPERATION AND MAINTENANCE, SPACE FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $4,086,883,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $49,574,779,000: Provided, That not more than
$2,981,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of Defense, and
payments may be made upon the Secretary’s certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $55,000,000 shall
be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than $5,000,000
shall be available for centers defined in 10 U.S.C. 2411(1)(D): Pro-
vided further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of
the Office of the Secretary of Defense, the office of the Secretary
of a military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $49,071,000 to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary
of Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with
and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That of the
funds provided under this heading, $2,467,009,000, of which
$1,510,260,000, to remain available until September 30, 2024, shall
be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
Reports. security cooperation programs: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this paragraph:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
COUNTER-ISIS TRAIN AND EQUIP FUND
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For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $475,000,000, to remain available until September
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4571
30, 2024: Provided, That such funds shall be available to the Sec-
retary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renova-
tion; construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular forces, groups,
or individuals participating, or preparing to participate in activities
to counter the Islamic State of Iraq and Syria, and their affiliated
or associated groups: Provided further, That amounts made avail- Security mission.
able under this heading shall be available to provide assistance Notifications.
only for activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as having
a security mission to counter the Islamic State of Iraq and Syria,
and following written notification to the congressional defense
committees of such designation: Provided further, That the Sec- Assessment.
retary of Defense shall ensure that prior to providing assistance Iran.
to elements of any forces or individuals, such elements or individ-
uals are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or groups asso-
ciated with the Government of Iran; and receiving commitments
from such elements to promote respect for human rights and the
rule of law: Provided further, That the Secretary of Defense shall, Time period.
not fewer than 15 days prior to obligating from this appropriation Notifications.
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That the Iraq.
Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Govern-
ment of Iraq and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of funds
for the purposes provided herein from any foreign government
or other entity may be credited to this Fund, to remain available
until expended, and used for such purposes: Provided further, That
the Secretary of Defense shall prioritize such contributions when
providing any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a provi- Waiver authority.
sion of law relating to the acquisition of items and support services Determination.
Notice.
or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Commit-
tees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States may Notifications.
accept equipment procured using funds provided under this heading,
or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
that was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated
as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That Determination.
equipment procured using funds provided under this heading, or
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
and not yet transferred to security forces, irregular forces, or groups
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participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria may be treated as stocks
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136 STAT. 4572 PUBLIC LAW 117–328—DEC. 29, 2022
of the Department of Defense when determined by the Secretary
to no longer be required for transfer to such forces or groups
and upon written notification to the congressional defense commit-
Reports. tees: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the
use of funds provided under this heading, including, but not limited
to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual,
the area of operations for each group, and the contributions of
other countries, groups, or individuals.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,206,434,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,278,050,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $347,633,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $3,700,800,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
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Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4573
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,299,187,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard per-
sonnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $7,382,079,000.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $16,003,000, of which not
to exceed $10,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $324,500,000, to remain Determinations.
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $400,113,000, to remain avail- Determinations.
able until transferred: Provided, That the Secretary of the Navy
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shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
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136 STAT. 4574 PUBLIC LAW 117–328—DEC. 29, 2022
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
Determinations. For the Department of the Air Force, $573,810,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
Determinations. For the Department of Defense, $10,979,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
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in this Act.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4575
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $317,580,000, to remain Determinations.
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $170,000,000, to remain
available until September 30, 2024: Provided, That such amounts
shall not be subject to the limitation in section 407(c)(3) of title
10, United States Code.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$351,598,000, to remain available until September 30, 2025.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT
For the Department of Defense Acquisition Workforce Develop-
ment Account, $111,791,000: Provided, That no other amounts may
be otherwise credited or transferred to the Account, or deposited
into the Account, in fiscal year 2023 pursuant to section 1705(d)
of title 10, United States Code.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
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handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
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136 STAT. 4576 PUBLIC LAW 117–328—DEC. 29, 2022
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,847,834,000, to
remain available for obligation until September 30, 2025.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,848,853,000, to
remain available for obligation until September 30, 2025.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,505,157,000, to
remain available for obligation until September 30, 2025.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,770,120,000, to
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remain available for obligation until September 30, 2025.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4577
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,668,148,000, to
remain available for obligation until September 30, 2025.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$19,031,864,000, to remain available for obligation until September
30, 2025.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,823,113,000, to remain available for obligation until September
30, 2025.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
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machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
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136 STAT. 4578 PUBLIC LAW 117–328—DEC. 29, 2022
expenses necessary for the foregoing purposes, $920,884,000, to
remain available for obligation until September 30, 2025.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expan-
sion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN–80), $1,465,880,000;
Carrier Replacement Program (CVN–81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG–1000 Program, $72,976,000;
DDG–51 Destroyer, $6,946,537,000;
DDG–51 Destroyer (AP), $695,652,000;
FFG–Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first destina-
tion transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs,
$1,312,646,000.
In all: $31,955,124,000, to remain available for obligation until
September 30, 2027: Provided, That additional obligations may
be incurred after September 30, 2027, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards:
Provided further, That funds appropriated or otherwise made avail-
able by this Act for Columbia Class Submarine (AP) may be avail-
able for the purposes authorized by subsections (f), (g), (h) or (i)
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of section 2218a of title 10, United States Code, only in accordance
with the provisions of the applicable subsection.
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4579
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$12,138,590,000, to remain available for obligation until September
30, 2025: Provided, That such funds are also available for the
maintenance, repair, and modernization of ships under a pilot pro-
gram established for such purposes.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$3,669,510,000, to remain available for obligation until September
30, 2025.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $22,196,175,000,
to remain available for obligation until September 30, 2025.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
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and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
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136 STAT. 4580 PUBLIC LAW 117–328—DEC. 29, 2022
and contractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and transportation
of things, $2,999,346,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $857,722,000, to
remain available for obligation until September 30, 2025.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $28,034,122,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT, SPACE FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and transportation
of things, $4,462,188,000, to remain available for obligation until
September 30, 2025.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
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materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4581
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $6,139,674,000, to remain available for
obligation until September 30, 2025.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $372,906,000, to
remain available for obligation until September 30, 2027, which
shall be obligated and expended by the Secretary of Defense as
if delegated the necessary authorities conferred by the Defense
Production Act of 1950.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $1,000,000,000, to
remain available for obligation until September 30, 2025: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,150,141,000, to remain available for obligation until September
30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,017,309,000, to remain available for obligation until September
30, 2024: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
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For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
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136 STAT. 4582 PUBLIC LAW 117–328—DEC. 29, 2022
rehabilitation, lease, and operation of facilities and equipment,
$44,946,927,000, to remain available for obligation until September
30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,631,377,000, to remain available until September 30, 2024.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$34,565,478,000, to remain available for obligation until September
30, 2024.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $449,294,000, to remain available for obliga-
tion until September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $39,225,101,000; of which $35,613,417,000 shall be for oper-
ation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2024, and of
which up to $18,577,877,000 may be available for contracts entered
into under the TRICARE program; of which $570,074,000, to remain
available for obligation until September 30, 2025, shall be for
procurement; and of which $3,041,610,000, to remain available for
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obligation until September 30, 2024, shall be for research, develop-
ment, test and evaluation: Provided, That, notwithstanding any
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4583
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $12,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities con-
ducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,561,000,000 shall be made available
to the Defense Health Agency to carry out the congressionally
directed medical research programs: Provided further, That the Reports.
Secretary of Defense shall submit to the congressional defense
committees quarterly reports on the current status of the deploy-
ment of the electronic health record: Provided further, That the Notice.
Secretary of Defense shall provide notice to the congressional Deadline.
defense committees not later than 10 business days after delaying Time period.
the proposed timeline of such deployment if such delay is longer
than 1 week: Provided further, That the Comptroller General of Reviews.
the United States shall perform quarterly performance reviews
of such deployment.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,059,818,000,
of which $84,612,000 shall be for operation and maintenance, of
which no less than $53,186,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, consisting of $22,778,000 for
activities on military installations and $30,408,000, to remain avail-
able until September 30, 2024, to assist State and local govern-
ments; and $975,206,000, to remain available until September 30,
2024, shall be for research, development, test and evaluation, of
which $971,742,000 shall only be for the Assembled Chemical
Weapons Alternatives program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $970,764,000, of
which $614,510,000 shall be for counter-narcotics support;
$130,060,000 shall be for the drug demand reduction program;
$200,316,000 shall be for the National Guard counter-drug program;
and $25,878,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of Determination.
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the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
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136 STAT. 4584 PUBLIC LAW 117–328—DEC. 29, 2022
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided further,
Notifications. That funds appropriated under this heading may be used to support
a new start program or project only after written prior notification
to the Committees on Appropriations of the House of Representa-
tives and the Senate.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $485,359,000, of which $481,971,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General’s certificate
of necessity for confidential military purposes; of which $1,524,000,
to remain available for obligation until September 30, 2025, shall
be for procurement; and of which $1,864,000, to remain available
until September 30, 2024, shall be for research, development, test
and evaluation.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only
for members of the Reserve Components of the Armed Forces of
the United States called or ordered to active duty in connection
with providing such support), $10,377,000, to remain available until
expended.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Manage-
ment Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
Propaganda. SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
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10 USC 1584 SEC. 8002. During the current fiscal year, provisions of law
note. prohibiting the payment of compensation to, or employment of,
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PUBLIC LAW 117–328—DEC. 29, 2022 136 STAT. 4585
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