[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8238 Reported in House (RH)]
<DOC>
Union Calendar No. 299
117th CONGRESS
2d Session
H. R. 8238
[Report No. 117-391]
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2023, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2022
Ms. Wasserman Schultz, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2023, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $997,425,000, to remain available
until September 30, 2027: Provided, That, of the amount made available
under this heading, not to exceed $240,011,000 shall be available for
study, planning, design, architect and engineer services, and host
nation support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$101,860,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Army'' in the report accompanying this Act, in addition
to amounts otherwise available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $3,808,340,000, to remain available until September 30,
2027: Provided, That, of the amount made available under this heading,
not to exceed $428,073,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $5,949,000 shall be for the project and activity,
and in the amount, specified in the table under the heading ``Military
Construction, Navy and Marine Corps'' in the report accompanying this
Act, in addition to amounts otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $2,291,156,000, to remain available until September 30, 2027:
Provided, That, of the amount made available under this heading, not to
exceed $171,094,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $185,700,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Air Force'' in the report accompanying
this Act, in addition to amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,675,128,000, to remain available until September 30, 2027: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That, of
the amount made available under this heading, not to exceed
$506,107,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $58,730,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Defense-Wide'' in the report
accompanying this Act, in addition to amounts otherwise available for
such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $325,658,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $43,625,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $3,380,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army National Guard'' in the
report accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $193,983,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $41,712,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $20,100,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Air National Guard'' in the
report accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $119,878,000, to
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed $19,829,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the Army
Reserve determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $30,337,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $2,590,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $82,123,000, to
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed $21,773,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the Air
Force Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this heading,
$5,500,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air Force Reserve'' in the report accompanying this Act,
in addition to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $169,339,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $337,297,000, to
remain available until September 30, 2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $232,788,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,442,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 122. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 123. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 124. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from prior
appropriations Acts may be obligated before October 1, 2024 for fiscal
years 2017 and 2018 military construction projects for which project
authorization has not lapsed or for which authorization is extended for
fiscal year 2023 by a National Defense Authorization Act: Provided,
That no amounts may be obligated pursuant to this section 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.
Sec. 125. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 126. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$40,000,000;
``Military Construction, Air Force'', $40,000,000; and
``Military Construction, Defense-Wide'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 127. For an additional amount for the accounts and in the
amounts specified for planning and design, for child development
centers, to remain available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 128. For an additional amount for ``Military Construction,
Air Force'', $360,000,000, to remain available until September 30,
2027, for expenses incurred as a result of natural disasters: Provided,
That not later than 60 days after the date of enactment of this Act,
the Secretary of the Air Force, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in the
amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$30,000,000; and
``Military Construction, Air Force'', $30,000,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military Construction,
Air Force Reserve'', $8,000,000, to remain available until September
30, 2027: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Air Force's
unfunded priority list for fiscal year 2023 submitted to Congress:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of the Air Force, or a duly
authorized designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified to address cost increases identified subsequent to
the fiscal year 2023 budget request for authorized major construction
projects included in that request, to remain available until September
30, 2027:
``Military Construction, Army'', $253,500,000;
``Military Construction, Navy and Marine Corps'',
$200,000,000;
``Military Construction, Air Force'', $30,000,000;
``Military Construction, Defense-Wide'', $37,897,000;
``Military Construction, Army National Guard'',
$89,000,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $66,000,000; and
``Military Construction, Navy Reserve'', $2,660,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 132. For an additional amount for ``Military Construction,
Defense-Wide'' , $8,000,000, to remain available until September 30,
2027, to address cost increases for authorized major construction
projects funded by this Act: Provided, That not later than 30 days
after the date of enactment of this Act, the Secretary of Defense, or
their designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided under
this section: Provided further, That the Secretary of Defense may not
obligate or expend any funds prior to approval by the Committees on
Appropriations of both Houses of Congress of the expenditure plan
required by this section.
Sec. 133. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $100,000,000, to remain available until
September 30, 2027, for planning and design of water treatment and
distribution facilities construction, including relating to
improvements of infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided, That not later than 180 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the Navy may not obligate or
expend any funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required by this
section.
Sec. 134. For an additional amount for the accounts and in the
amounts specified for barracks and unaccompanied personnel housing, to
remain available until September 30, 2027:
``Military Construction, Army National Guard'',
$15,243,000; and
``Military Construction, Army Reserve'', $68,400,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department's unfunded priority
list for fiscal year 2023 submitted to Congress: Provided further, That
not later than 30 days after the date of enactment of this Act, the
Secretary of the Army, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 135. For an additional amount for ``Family Housing
Construction, Army'' , $138,783,000, to remain available until
September 30, 2027: Provided, That such funds may only be obligated to
carry out construction, improvement, and replacement projects
identified in the Department of the Army's cost to complete projects
list of previously appropriated projects submitted to Congress:
Provided further, That, of the amount made available under this
section, $28,900,000 shall be available for projects within the
continental United States: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 30
days after the date of enactment of this Act, the Secretary of the
Army, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 136. For an additional amount for the accounts and in the
amounts specified for child development centers, to remain available
until September 30, 2027:
``Military Construction, Army'', $9,000,000; and
``Military Construction, Navy and Marine Corps'',
$47,940,000; and
``Military Construction, Air Force'', $22,393,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's Future Years Defense Program list for fiscal year 2023
submitted to Congress, or the respective military department's cost to
complete project list of previously appropriated projects submitted to
Congress: Provided further, That not later than 30 days after the date
of enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$146,778,136,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That not to exceed
$21,423,000 of the amount made available for fiscal year 2024 under
this heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$8,452,500,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $121,126,000, which shall become
available on October 1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2023, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$942,330.
In addition, for administrative expenses necessary to carry out the
direct loan program, $445,698, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,863,000,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$327,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2022; and, in addition, $74,004,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $1,500,000,000 shall remain
available until September 30, 2025: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000, which shall be in addition to
funds previously appropriated under this heading that become available
on October 1, 2022; and, in addition, $33,000,000,000, plus
reimbursements, shall become available on October 1, 2023, and shall
remain available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30, 2025.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$1,400,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2022; and, in addition, $12,300,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $200,000,000 shall remain
available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $1,500,000,000, which shall be
in addition to funds previously appropriated under this heading that
become available on October 1, 2022; and, in addition, $8,800,000,000,
plus reimbursements, shall become available on October 1, 2023, and
shall remain available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$350,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $926,000,000, plus reimbursements, shall
remain available until September 30, 2024: Provided, That the Secretary
of Veterans Affairs shall ensure that sufficient amounts appropriated
under this heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $430,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $435,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024: Provided, That
funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$285,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$5,782,000,000, plus reimbursements: Provided, That $1,494,230,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2024: Provided further, That
$4,145,678,000 shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30, 2024:
Provided further, That $142,092,000 shall be for information technology
systems development, and shall remain available until September 30,
2024: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
systems development may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account for
development may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased or
decreased by more than $3,000,000 of cost prior to submitting a request
to the Committees on Appropriations of both Houses of Congress to make
the transfer and an approval is issued, or absent a response, a period
of 30 days has elapsed: Provided further, That the funds made available
under this heading for information technology systems development shall
be for the projects, and in the amounts, specified in the table
entitled ``Information Technology Development Projects'' under this
heading in the report accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the
deployment plan or schedule: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further, That 25
percent of the funds made available under this heading shall not be
available until July 1, 2023, and are contingent upon the Secretary of
Veterans Affairs providing a certification of any changes to the
deployment schedules contained in the plan submitted pursuant to the
last proviso under this heading in division J of Public Law 117-103, an
updated plan with benchmarks and measurable metrics for deployment, and
an updated plan for addressing all required infrastructure upgrades, no
later than 30 days prior to that date to the Committees on
Appropriations, and upon approval of the Committees on Appropriations
prior to that date.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2024.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,371,890,000, of which
$731,722,000 shall remain available until September 30, 2027, and of
which $640,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided, That
except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development
and management activities, and planning, cost estimating, and design
for major medical facility projects and major medical facility leases
and investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the design
fund, staffing expenses, and funds provided for the purchase, security,
and maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds made
available under this heading shall be used for any project that has not
been notified to Congress through the budgetary process or that has not
been approved by the Congress through statute, joint resolution, or in
the explanatory statement accompanying such Act and presented to the
President at the time of enrollment: Provided further, That such sums
as may be necessary shall be available to reimburse the ``General
Administration'' account for payment of salaries and expenses of all
Office of Construction and Facilities Management employees to support
the full range of capital infrastructure services provided, including
minor construction and leasing services: Provided further, That funds
made available under this heading for fiscal year 2023, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2023; and (2) by the
awarding of a construction contract by September 30, 2024: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That notwithstanding the requirements of
section 8104(a) of title 38, United States Code, amounts made available
under this heading for seismic improvement projects and seismic program
management activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$626,110,000, of which $563,499,000 shall remain available until
September 30, 2027, and of which $62,611,000 shall remain available
until expended, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $50,000,000, to remain
available until expended.
asset and infrastructure review
For carrying out the VA Asset and Infrastructure Review Act of
2018 (subtitle A of title II of Public Law 115-182), $5,000,000, to
remain available until September 30, 2024.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers among
the ``Medical Services'', ``Medical Community Care'', and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
``Medical Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2023 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2023 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services shall be
available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, Diversity and Inclusion, the Office of
Employment Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human Resources and
Administration for all services provided at rates which will recover
actual costs but not to exceed $86,481,000 for the Office of Resolution
Management, Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication, and $4,576,000 for
the Alternative Dispute Resolution function within the Office of Human
Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for
use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
That any amounts so recovered for care or services provided in a prior
fiscal year may be obligated by the Secretary during the fiscal year in
which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $330,140,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $314,825,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 224. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2023 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2023, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That, upon
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 229. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 230. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
5-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 232. Effective during the period beginning on October 1,
2018, and ending on January 1, 2024, none of the funds made available
to the Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans Health
Administration Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
Sec. 233. Subchapter II of chapter 17 of title 38, United States
Code, is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 1720K. Infertility counseling and treatment; reimbursement of
adoption expenses
``(a) Infertility Counseling and Treatment.--(1) Pursuant to
regulations the Secretary shall prescribe to carry out this subsection,
the Secretary may provide infertility counseling and treatment, using
assisted reproductive technology, including in vitro fertilization,
intrauterine insemination, and other advanced reproductive
technologies, to the following:
``(A) A veteran--
``(i) who is enrolled in the system of annual
patient enrollment established and operated under
section 1705 of this title; and
``(ii) who, in the judgment of a health care
professional of the Department--
``(I) has a service-connected disability or
condition causing or aggravating infertility;
or
``(II) is infertile as a result of having
received medically necessary treatment pursuant
to this chapter.
``(B) The spouse of a veteran described in subparagraph
(A), or the partner of a veteran described in subparagraph (A)
whom the veteran designates for purposes of this subsection.
``(2)(A) The Secretary may contract with a provider of in vitro
fertilization services to obtain donor gametes or embryos from third-
party donors.
``(B) The Secretary may only obtain third-party donation of gametes
or embryos through a contract.
``(C) The Secretary may not provide assisted reproductive
technology services or medical services to third-party donors.
``(3)(A) The Secretary may contract with a facility to furnish the
cryopreservation, storage, and transportation of gametes and embryos.
``(B) The Secretary may not impose any limitation on the period in
which an embryo or gamete is cryopreserved and stored pursuant to this
subsection.
``(4) The legal status, custody, future use, donation, disposition,
or destruction, of gametes or embryos relating to infertility or
treatment furnished under this subsection shall be determined in
accordance with the law of the State in which the gametes or embryos
are located.
``(5)(A) In prescribing regulations to carry out this subsection,
the Secretary shall ensure that any in vitro fertilization (including
with respect to the number of retrieval attempts and completed embryo
transfer cycles) will be--
``(i) determined using the best medical evidence available;
and
``(ii) provided in accordance with applicable standards of
care.
``(B) In furnishing in vitro fertilization to a covered individual
pursuant to this subsection, the Secretary is responsible only for
payment of the costs of the in vitro fertilization services.
``(C) The Secretary may not furnish an in vitro fertilization cycle
to a covered individual under this subsection unless the Secretary
receives consent for such cycle from each of the following:
``(i) The covered individual.
``(ii) If the covered individual is a spouse or partner of
a veteran as described in subparagraph (1)(B), the veteran.
``(iii) If applicable, the third-party donor.
``(6) In this subsection:
``(A) The term `covered individual' means a veteran,
spouse, or partner who receives infertility counseling and
treatment under paragraph (1).
``(B) The term `gamete' means a mature sperm or an oocyte
or egg germ cell, as applicable.
``(C) The term `infertility' means the inability to
procreate without the use of infertility treatment.
``(D) The term `in vitro fertilization' means the procedure
in which an oocyte is removed from a mature ovarian follicle
and fertilized by a sperm cell outside the human body and, at
the appropriate time, transferred into the uterus.
``(E) The term `third-party donor' means an individual who
consents to donate the gametes or embryo of the individual for
use in treatment furnished pursuant to this subsection.
``(b) Adoption Reimbursement.--(1) Pursuant to regulations the
Secretary shall prescribe to carry out this subsection, the Secretary
may reimburse an eligible veteran for qualifying adoption expenses
incurred by the veteran in the adoption of a child.
``(2) For purposes of this subsection, an eligible veteran is a
veteran who meets the following criteria:
``(A) The veteran is enrolled in the system of annual
patient enrollment established and operated under section 1705
of this title.
``(B) The veteran, in the judgment of the health care
professional of the Department--
``(i) has a service-connected disability or
condition causing or aggravating infertility; or
``(ii) is infertile as a result of having received
medically necessary treatment pursuant to this chapter.
``(3) An adoption for which expenses may be reimbursed under this
subsection includes an adoption by a single person, an infant adoption,
an intercountry adoption, or an adoption of a child with special needs
(as defined in section 473(c) of the Social Security Act (42 U.S.C.
673(c))).
``(4) The Secretary may reimburse an eligible veteran for
qualifying adoption expenses under this subsection only after the
adoption is final.
``(5) The Secretary may not reimburse an eligible veteran for
qualifying adoption expenses under this subsection for any expense paid
to or for the veteran under any other adoption benefits program
administered by the Federal Government or under any such program
administered by a State or local government.
``(6)(A)(i) The Secretary may not reimburse an eligible veteran, or
two eligible veterans who are partners, for qualifying adoption
expenses under this subsection for more than one adoption.
``(ii) The Secretary may not reimburse more than one eligible
veteran for the qualifying adoption expenses under this subsection for
the adoption of the same child.
``(B) In prescribing regulations to carry out this subsection, the
Secretary shall establish minimum and maximum amounts for the
reimbursement of qualifying adoption expenses.
``(7) In this subsection:
``(A) Notwithstanding section 101 of this title, the term
`child' means an individual who is under the age of eighteen
years.
``(B) The term `qualified adoption agency' means--
``(i) a State or local government agency that has
responsibility under State or local law for child
placement through adoption;
``(ii) a nonprofit, voluntary adoption agency that
is authorized by State or local law to place children
for adoption;
``(iii) any other source authorized by a State to
provide adoption placement if the adoption is
supervised by a court under State or local law; or
``(iv) a foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(I) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C.
1431); or
``(II) a certificate of citizenship has
been issued for such child under section 322 of
that Act (8 U.S.C. 1433).
``(C) The term `qualifying adoption expenses' means
reasonable and necessary expenses that are directly related to
the legal adoption of a child, but only if such adoption is
arranged by a qualified adoption agency. Such term does not
include any expense incurred--
``(i) by an adopting parent for travel; or
``(ii) in connection with an adoption arranged in
violation of Federal, State, or local law.
``(D) The term `reasonable and necessary expenses'
includes--
``(i) public and private agency fees, including
adoption fees charged by an agency in a foreign
country;
``(ii) placement fees, including fees charged
adoptive parents for counseling;
``(iii) legal fees (including court costs) or
notary expenses; and
``(iv) medical expenses, including hospital
expenses of the biological mother of the child to be
adopted and of a newborn infant to be adopted.''.
Sec. 234. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 235. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 236. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of division F of Public Law 116-94.
Sec. 237. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 238. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 239. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 240. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 241. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 242. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.), or to prevent or impede the access of the
Inspector General to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this requirement.
Sec. 243. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 244. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2023 to convert any program which received specific
purpose funds in fiscal year 2022 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an approval
is issued by the Committees.
Sec. 245. (a) Except as provided by subsection (b), none of the
funds made available by this Act may be used by the Secretary of
Veterans Affairs to purchase, breed, transport, house, feed, maintain,
dispose of, or experiment on, dogs or cats as part of the conduct of
any study including an assignment of pain category D or E, as defined
by the Pain and Distress Categories of the Department of Agriculture
(or such successor categories developed pursuant to section 13 of the
Animal Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or studies
of service dogs described in section 1714 of title 38, United States
Code, or section 17.148 of title 38, Code of Federal Regulations.
Sec. 246. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2023 and 2024 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 247. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 248. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $911,119,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
(including transfer of funds)
Sec. 249. Amounts made available for the Department of Veterans
Affairs for ``Medical Facilities'' and ``General Administration'' in
this Act or prior Acts that remain available for obligation in fiscal
year 2023 may be transferred as necessary to the ``Asset and
Infrastructure Review'' account for the purposes of carrying out the VA
Asset and Infrastructure Review Act of 2018 (subtitle A of title II of
Public Law 115-182): Provided, That the total amounts transferred may
not increase the account by more than $2,000,000: Provided further,
That in advance of any such transfer, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(rescission of funds)
Sec. 250. Of the unobligated balances in the ``Recurring Expenses
Transformational Fund'' established in section 243 of division J of
Public Law 114-113, $48,132,853 is hereby rescinded.
Sec. 251. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of the ``Veterans Medical Care and Health Fund'',
established to execute section 8002 of the American Rescue Plan Act of
2021 (Public Law 117-2): Provided, That, at a minimum, the report shall
include an update on obligations by program, project or activity and a
plan for expending the remaining funds: Provided further, That the
Secretary of Veterans Affairs must submit notification of any plans to
reallocate funds from the current apportionment categories of ``Medical
Services'', ``Medical Support and Compliance'', ``Medical Facilities'',
``Medical Community Care'', or ``Medical and Prosthetic Research'',
including the amount and purpose of each reallocation to the Committees
on Appropriations of both Houses of Congress and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
Sec. 252. By no later than September 30, 2023, the Secretary shall
commence construction of the Community-Based Outpatient Clinic in
Bakersfield, California in accordance with Lease No. 36C10F20L0008.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be necessary, to
remain available until expended, for purposes authorized by section
2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections 7251
through 7298 of title 38, United States Code, $45,159,000: Provided,
That $3,385,000 shall be available for the purpose of providing
financial assistance as described and in accordance with the process
and reporting procedures set forth under this heading in Public Law
102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $93,400,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2025. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $62,500,000, to remain available until expended, of which
$2,500,000 shall be for study, planning and design, and architect and
engineering services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,360,000, to remain available until
September 30, 2024, of which $7,300,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to design,
planning, and construction for renovation of the Sheridan Building at
the Armed Forces Retirement Home--Washington, District of Columbia,
$77,000,000, to remain available until expended, shall be paid from the
general fund of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. 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 or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
This Act may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023''.
Union Calendar No. 299
117th CONGRESS
2d Session
H. R. 8238
[Report No. 117-391]
_______________________________________________________________________
A BILL
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2023, and for other purposes.
_______________________________________________________________________
June 27, 2022
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed