[House Prints, 117th Congress]
[From the U.S. Government Publishing Office]
117th Congress}
2d Session } HOUSE OF REPRESENTATIVES
======================================================================
CONSOLIDATED APPROPRIATIONS ACT,
2023
----------
C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 2617 / Public Law 117-328
[Legislative Text and Explanatory Statement]
Book 1 of 2
Divisions A-F
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
50-347 WASHINGTON : 2023
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COMMITTEE ON APPROPRIATIONS
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ROSA L. DeLAURO, Connecticut, Chair
MARCY KAPTUR, Ohio KAY GRANGER, Texas
DAVID E. PRICE, North Carolina HAROLD ROGERS, Kentucky
LUCILLE ROYBAL-ALLARD, California ROBERT B. ADERHOLT, Alabama
SANFORD D. BISHOP, Jr., Georgia MICHAEL K. SIMPSON, Idaho
BARBARA LEE, California JOHN R. CARTER, Texas
BETTY McCOLLUM, Minnesota KEN CALVERT, California
TIM RYAN, Ohio TOM COLE, Oklahoma
C. A. DUTCH RUPPERSBERGER, Maryland MARIO DIAZ-BALART, Florida
DEBBIE WASSERMAN SCHULTZ, Florida STEVE WOMACK, Arkansas
HENRY CUELLAR, Texas CHUCK FLEISCHMANN, Tennessee
CHELLIE PINGREE, Maine JAIME HERRERA BEUTLER, Washington
MIKE QUIGLEY, Illinois DAVID P. JOYCE, Ohio
DEREK KILMER, Washington ANDY HARRIS, Maryland
MATT CARTWRIGHT, Pennsylvania MARK E. AMODEI, Nevada
GRACE MENG, New York CHRIS STEWART, Utah
MARK POCAN, Wisconsin STEVEN M. PALAZZO, Mississippi
KATHERINE M. CLARK, Massachusetts DAVID G. VALADAO, California
PETE AGUILAR, California DAN NEWHOUSE, Washington
LOIS FRANKEL, Florida JOHN R. MOOLENAAR, Michigan
CHERI BUSTOS, Illinois JOHN H. RUTHERFORD, Florida
BONNIE WATSON COLEMAN, New Jersey BEN CLINE, Virginia
BRENDA L. LAWRENCE, Michigan GUY RESCHENTHALER, Pennsylvania
NORMA J. TORRES, California MIKE GARCIA, California
CHARLIE CRIST, Florida ASHLEY HINSON, Iowa
ANN KIRKPATRICK, Arizona TONY GONZALES, Texas
ED CASE, Hawaii JULIA LETLOW, Louisiana
ADRIANO ESPAILLAT, New York
JOSH HARDER, California
JENNIFER WEXTON, Virginia
DAVID J. TRONE, Maryland
LAUREN UNDERWOOD, Illinois
SUSIE LEE, Nevada
JOSEPH D. MORELLE, New York
Robin Juliano, Clerk and Staff Director
(ii)
C O N T E N T S
Page
Provisions Applying to All Divisions of the Consolidated Act_______1
Front Matter Explanatory Statement_________________________________7
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Agricultural Programs____________________________________11
Title II--Farm Production and Conservation Programs_______________20
Title III--Rural Development Programs_____________________________26
Title IV--Domestic Food Programs__________________________________36
Title V--Foreign Assistance and Related Programs__________________39
Title VI--Related Agency and Food and Drug Administration_________40
Title VII--General Provisions_____________________________________44
DIVISION A--Explanatory Statement________________________________ 61
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2023
Title I--Department of Commerce__________________________________175
Title II--Department of Justice__________________________________186
Title III--Science______________________________________________ 210
Title IV--Related Agencies_____________________________________ 217
Title V--General Provisions____________________________________ 220
DIVISION B--Explanatory Statement________________________________235
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
Title I--Military Personnel______________________________________435
Title II--Operation and Maintenance______________________________437
Title III--Procurement___________________________________________444
Title IV--Research, Development, Test and Evaluation_____________450
Title V--Revolving and Management Funds__________________________451
Title VI--Other Department of Defense Programs___________________451
Title VII--Related Agencies______________________________________453
Title VIII--General Provisions___________________________________453
DIVISION C--Explanatory Statement________________________________493
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Corps of Engineers--Civil_______________________________787
Title II--Department of the Interior_____________________________792
Title III--Department of Energy__________________________________797
Title IV--Independent Agencies___________________________________811
Title V--General Provisions______________________________________814
DIVISION D--Explanatory Statement________________________________817
(iii)
IV
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT,
2023
Page
Title I--Department of the Treasury_______________________________1073
Title II--Executive Office of the President and Funds Appropriated to
the President_____________________________________________________1084
Title III--The Judiciary__________________________________________1092
Title IV--District of Columbia____________________________________1096
Title V--Independent Agencies_____________________________________1101
Title VI--General Provisions--This Act____________________________1122
Title VII--General Provisions--Government-wide____________________1129
Title VIII--General Provisions--District of Columbia______________1146
DIVISION E--Explanatory Statement_________________________________1153
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight______________________________________________________1261
Title II--Security, Enforcement, and Investigations________________1265
Title III--Protection, Preparedness, Response, and Recovery________1276
Title IV--Research, Development, Training, and Services____________1281
Title V--General Provisions________________________________________1284
DIVISION F--Explanatory Statement__________________________________1297
v
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Consolidated
Appropriations Act, 2023 (H.R. 2617, P.L. 117-328).
The Act consists of 12 divisions related to regular annual
appropriations Acts for fiscal year 2023 (divisions A through
L), and two supplemental appropriations Acts (division M, which
contains the Additional Ukraine Supplemental Appropriations
Act, 2023, and division N, which contains the Disaster Relief
Supplemental Appropriations Act, 2023), which provide
supplemental appropriations for fiscal year 2023. The Act also
includes 25 additional divisions largely unrelated to
appropriations matters (divisions O through MM). This
compilation includes only the 14 divisions related to regular
and supplemental appropriations matters (A-N). It also includes
the front matter of the Act, which contains provisions
applicable to the entire consolidated Act.
Divisions A through L are the products of negotiations
between the House and Senate Appropriations Committees on final
fiscal year 2023 appropriations for all 12 annual
appropriations bills.
The legislative text of the consolidated Act was submitted
by Senator Patrick J. Leahy, Chairman of the Senate Committee
on Appropriations, as an amendment (Senate Amendment 6552) to
the House amendment to the Senate amendment to an unrelated
bill pending in the Senate, H.R. 2617. The Senate agreed to
that amendment on December 22, 2022, after adopting 8
additional amendments to Senate Amendment 6552. The House
agreed to the measure on December 23, 2022. The President
signed the legislation on December 29, 2022, and it became
Public Law 117-328.
Because an ``amendments-between-the-Houses'' process was
used instead of a conference committee, there is no conference
report and no ``Joint Explanatory Statement of the Managers''
for H.R. 2617. An explanatory statement relating to Senate
Amendment 6552 was filed by Senator Leahy in the Congressional
Record on December 20, 2022.\1\ Section 4 of the front matter
of the consolidated Act provides that this explanatory
statement ``shall have the same effect with respect to the
allocation of funds and implementation of divisions A through L
of this Act as if it were a joint explanatory statement of a
committee of conference.''
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\1\ The explanatory statement appears in Books I, II, and III of
the December 20, 2022, Congressional Record. (See pages S7819-S9590.)
---------------------------------------------------------------------------
For the convenience of users, the legislative text of each
of divisions A through L is paired with the applicable division
of the explanatory statement. Divisions M and N do not have
associated explanatory material.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
PROVISIONS APPLYING TO ALL DIVISIONS OF
THE CONSOLIDATED APPROPRIATIONS ACT
=======================================================================
Resolved by the Senate and House of Representatives of the
United States of America assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2023''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
Title I--National Cybersecurity Protection System Authorization
Extension
Title II--NDAA Technical Corrections
Title III--Immigration Extensions
Title IV--Environment and Public Works Matters
Title V--Safety Enhancements
Title VI--Extension of Temporary Order for Fentanyl-Related Substances
Title VII--Federal Trade Commission Oversight of Horseracing Integrity
and Safety Authority
Title VIII--United States Parole Commission Extension
Title IX--Extension of FCC Auction Authority
Title X--Budgetary Effects
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
DIVISION Q--AVIATION RELATED MATTERS
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
DIVISION S--OCEANS RELATED MATTERS
DIVISION T--SECURE 2.0 ACT OF 2022
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
DIVISION V--STRONG VETERANS ACT OF 2022
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
DIVISION Y--CONTRACT ACT OF 2022
DIVISION Z--COVS ACT
DIVISION AA--FINANCIAL SERVICES MATTERS
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
DIVISION CC--WATER RELATED MATTERS
DIVISION DD--PUBLIC LAND MANAGEMENT
DIVISION EE--POST OFFICE DESIGNATIONS
DIVISION FF--HEALTH AND HUMAN SERVICES
DIVISION GG--MERGER FILING FEE MODERNIZATION
DIVISION HH--AGRICULTURE
DIVISION II--PREGNANT WORKERS
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
DIVISION LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
Senate section of the Congressional Record on or about December
19, 2022, and submitted by the chair of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through L of this Act as if it were a joint
explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2023.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of
living adjustments for Members of Congress) during fiscal year
2023.
[Clerk's note.--Reproduced below are the introductory
paragraphs of the Explanatory Statement regarding H.R. 2617,
the Consolidated Appropriations Act, 2023.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022, by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S7819.
---------------------------------------------------------------------------
EXPLANATORY STATEMENT SUBMITTED BY MR. LEAHY, CHAIRMAN OF THE SENATE
COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 2617, CONSOLIDATED
APPROPRIATIONS ACT, 2023
The following is an explanation of the Consolidated
Appropriations Act, 2023.
This Act includes 12 regular appropriations bills for
fiscal year 2023, supplemental appropriations providing for
emergency assistance for the situation in Ukraine and for
providing disaster relief, and other matter. The divisions
contained in the Act are as follows:
Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2023
Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2023
Division C--Department of Defense Appropriations
Act, 2023
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2023
Division E--Financial Services and General
Government Appropriations Act, 2023
Division F--Department of Homeland Security
Appropriations Act, 2023
Division G--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023
Division H--Department of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2023
Division I--Legislative Branch Appropriations
Act, 2023
Division J--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023
Division K--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023
Division L--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2023
Division M--Additional Ukraine Supplemental
Appropriations Act, 2023
Division N--Disaster Relief Supplemental
Appropriations Act, 2023
Division O--Extenders and Technical Corrections
Division P--Electoral Count Reform and
Presidential Transition Improvement
Division Q--Aviation Related Matters
Division R--No TikTok on Government Devices
Division S--Oceans Related Matters
Division T--SECURE 2.0 Act of 2022
Division U--Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022
Division V-STRONG Veterans Act of 2022
Division W--Unleashing American Innovators Act of
2022
Division X--Extension of Authorization for Special
Assessment for Domestic Trafficking Victims' Fund
Division Y--CONTRACT Act of 2022
Division Z--COVS Act
Division AA--Financial Services Matters
Division BB--Consumer Protection and Commerce
Division CC--Water Related Matters
Division DD--Public Land Management
Division EE--Post Office Designation
Division FF--Health and Human Services
Division GG--Merger Filing Fee Modernization
Division HH--Agriculture
Division JJ--North Atlantic Right Whales
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act states that this explanatory statement
shall have the same effect with respect to the allocation of
funds and implementation of this legislation as if it were a
joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act relates to the cost of living
adjustments for Members of Congress.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$65,067,000 of which not to exceed $7,432,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,396,000 shall be available for the Office of Homeland
Security; not to exceed $5,190,000 shall be available for the
Office of Tribal Relations, of which $1,000,000 shall be to
establish a Tribal Public Health Resource Center at a land
grant university with existing indigenous public health
expertise to expand current partnerships and collaborative
efforts with indigenous groups, including but not limited to,
tribal organizations and institutions such as tribal colleges,
tribal technical colleges, tribal community colleges and tribal
universities, to improve the delivery of culturally appropriate
public health services and functions in American Indian
communities focusing on indigenous food sovereignty; not to
exceed $9,280,000 shall be available for the Office of
Partnerships and Public Engagement, of which $1,500,000 shall
be for 7 U.S.C. 2279(c)(5); not to exceed $28,422,000 shall be
available for the Office of the Assistant Secretary for
Administration, of which $26,716,000 shall be available for
Departmental Administration to provide for necessary expenses
for management support services to offices of the Department
and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not
otherwise provided for and necessary for the practical and
efficient work of the Department: Provided, That funds made
available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $8,738,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided further,
That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the
holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the
Office of the Assistant Secretary for Congressional Relations
and Intergovernmental Affairs shall be transferred to agencies
of the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no funds
made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30
days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA
agency: Provided further, That during any 30 day notification
period referenced in section 716 of this Act, the Secretary of
Agriculture shall take no action to begin implementation of the
action that is subject to section 716 of this Act or make any
public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$28,181,000, of which $8,000,000 shall be for grants or
cooperative agreements for policy research under 7 U.S.C. 3155:
Provided, That of the amounts made available under this
heading, $500,000 shall be available to carry out section 224
of subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6924), as amended by section 12504 of
Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $92,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $1,466,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 121,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $40,581,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$7,581,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any agency
of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $111,561,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and
section 1337 of the Agriculture and Food Act of 1981 (Public
Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $2,384,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office: Provided further, That of the
amounts made available under this heading, $1,000,000 shall be
made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$92,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $211,076,000, of which up to $66,413,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current Industrial
Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,744,279,000: Provided,
That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a cost
not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building or $500,000,
whichever is greater: Provided further, That appropriations
hereunder shall be available for entering into lease agreements
at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by the Agricultural Research Service and a condition of the
lease shall be that any facility shall be owned, operated, and
maintained by the non-Federal entity and shall be removed upon
the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research
facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $74,297,000 to
remain available until expended, of which $56,697,000 shall be
for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $1,094,121,000 which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship and
institution challenge grants, grants management systems, tribal
colleges education equity grants, and scholarships at 1890
institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under
the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska
Native and Native Hawaiian-serving institutions be made
available to individual eligible institutions or consortia of
eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska
Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2024: Provided
further, That funds for education grants for 1890 institutions
shall be made available to institutions eligible to receive
funds under 7 U.S.C. 3221 and 3222: Provided further, That not
more than 5 percent of the amounts made available by this or
any other Act to carry out the Agriculture and Food Research
Initiative under 7 U.S.C. 3157 may be retained by the Secretary
of Agriculture to pay administrative costs incurred by the
Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $565,410,000 which shall be for
the purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Extension
Activities'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890 institutions
shall remain available until expended: Provided further, That
institutions eligible to receive funds under 7 U.S.C. 3221 for
cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c))
and section 208(c) of Public Law 93-471 shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$41,500,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of
Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
funds for the Food and Agriculture Defense Initiative shall
remain available until September 30, 2024: Provided further,
That notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for representation
allowances and for expenses pursuant to the Foreign Service Act
of 1980 (22 U.S.C. 4085), $1,171,071,000 of which up to
$9,552,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); of which
$514,000, to remain available until expended, shall be
available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $15,450,000, to remain available
until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for
active eradication zones; of which $39,183,000, to remain
available until expended, shall be for Animal Health Technical
Services; of which $4,096,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $64,930,000, to remain available until
expended, shall be used to support avian health; of which
$4,251,000, to remain available until expended, shall be for
information technology infrastructure; of which $216,117,000,
to remain available until expended, shall be for specialty crop
pests, of which $8,500,000, to remain available until September
30, 2024, shall be for one-time control and management and
associated activities directly related to the multiple-agency
response to citrus greening; of which, $14,986,000, to remain
available until expended, shall be for field crop and rangeland
ecosystem pests; of which $21,567,000, to remain available
until expended, shall be for zoonotic disease management; of
which $44,067,000, to remain available until expended, shall be
for emergency preparedness and response; of which $62,562,000,
to remain available until expended, shall be for tree and wood
pests; of which $6,500,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for
the scrapie program for indemnities; of which $2,500,000, to
remain available until expended, shall be for the wildlife
damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall remain
available until expended; of which $24,527,000, to remain
available until expended, shall be used to carry out the
science program and transition activities for the National Bio
and Agro-defense Facility located in Manhattan, Kansas:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the purchase, replacement,
operation, and maintenance of aircraft: Provided further, That
in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751
and 7772), and any unexpended balances of funds transferred for
such emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7
U.S.C. 2250) for the repair and alteration of leased buildings
and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2023, the agency is authorized to collect fees
to cover the total costs of providing technical assistance,
goods, or services requested by States, other political
subdivisions, domestic and international organizations, foreign
governments, or individuals, provided that such fees are
structured such that any entity's liability for such fees is
reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees
shall be reimbursed to this account, to remain available until
expended, without further appropriation, for providing such
assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the
purposes of section 12306 of Public Law 113-79, and of which
$1,000,000 shall be available for the purposes of section 779
of division A of Public Law 117-103: Provided, That of the
amounts made available under this heading, $25,000,000, to
remain available until expended, shall be to carry out section
12513 of Public Law 115-334, of which $23,000,000 shall be for
dairy business innovation initiatives established in Public Law
116-6 and the Secretary shall take measures to ensure an equal
distribution of funds between these three regional innovation
initiatives: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to the
development or maintenance of grain standards under the United
States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.); (2) transfers otherwise provided in this
Act; and (3) not more than $21,501,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $10,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $1,158,266,000; and in addition,
$1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade
Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for
the Public Health Data Communication Infrastructure system
shall remain available until expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2023 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods of
Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as
further clarified by the amendments made in section 12106 of
Public Law 113-79: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,727,000: Provided,
That funds made available by this Act to an agency in the Farm
Production and Conservation mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $248,684,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal year
pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred
to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated
vacancies at Farm Service Agency county offices and farm loan
officers and shall be available until September 30, 2024:
Provided, That not more than 50 percent of the funding made
available under this heading for information technology related
to farm program delivery may be obligated until the Secretary
submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees of, a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and the
mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including
estimates for development as well as maintenance and
operations, and (c) key milestones to be met; (2) demonstrates
that each project/investment is, (a) consistent with the Farm
Service Agency Information Technology Roadmap, (b) being
managed in accordance with applicable lifecycle management
policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on
Appropriations of both Houses of Congress: Provided further,
That the agency shall submit a report by the end of the fourth
quarter of fiscal year 2023 to the Committees on Appropriations
and the Government Accountability Office, that identifies for
each project/investment that is operational (a) current
performance against key indicators of customer satisfaction,
(b) current performance of service level agreements or other
technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized
to use the services, facilities, and authorities (but not the
funds) of the Commodity Credit Corporation to make program
payments for all programs administered by the Agency: Provided
further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this
account: Provided further, That of the amount appropriated
under this heading, $696,594,000 shall be made available to
county committees, to remain available until expended: Provided
further, That, notwithstanding the preceding proviso, any funds
made available to county committees in the current fiscal year
that the Administrator of the Farm Service Agency deems to
exceed or not meet the amount needed for the county committees
may be transferred to or from the Farm Service Agency for
necessary expenses: Provided further, That none of the funds
available to the Farm Service Agency shall be used to close
Farm Service Agency county offices: Provided further, That none
of the funds available to the Farm Service Agency shall be used
to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations
of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $7,500,000, to remain
available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to
remain available until expended: Provided, That such program is
carried out by the Secretary in the same manner as the dairy
indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-
12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement
payments to geographically disadvantaged farmers and ranchers
under section 1621 of the Food Conservation, and Energy Act of
2008 (7 U.S.C. 8792), $4,000,000, to remain available until
expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136),
boll weevil loans (7 U.S.C. 1989), guaranteed conservation
loans (7 U.S.C. 1924 et seq.), relending program (7 U.S.C.
1936c), and Indian highly fractionated land loans (25 U.S.C.
5136) to be available from funds in the Agricultural Credit
Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $3,100,000,000 for farm ownership direct
loans; $2,118,491,000 for unsubsidized guaranteed operating
loans and $1,633,333,000 for direct operating loans; emergency
loans, $4,062,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,426,000; Indian highly fractionated land
loans, $5,000,000; and for boll weevil eradication program
loans, $60,000,000: Provided, That the Secretary shall deem the
pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $249,000
for emergency loans, to remain available until expended; and
$23,520,000 for direct farm operating loans, $11,228,000 for
unsubsidized guaranteed farm operating loans, $10,983,000 for
the relending program, and $894,000 for Indian highly
fractionated land loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000:
Provided, That of this amount, $305,803,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the Committees
on Appropriations of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$66,870,000: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be available
for compliance and integrity activities required under section
516(b)(2)(C) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not
to exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may be
necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of
conservation plant materials centers; classification and
mapping of soil; dissemination of information; acquisition of
lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a
nominal cost not to exceed $100 pursuant to the Act of August
3, 1956 (7 U.S.C. 2268a); purchase and erection or alteration
or improvement of permanent and temporary buildings; and
operation and maintenance of aircraft, $941,124,000, to remain
available until September 30, 2024, of which up to $22,973,000
shall be for the purposes, and in the amounts, specified for
this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that the
cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in
accordance with the provisions of laws relating to the
activities of the Department, $75,000,000, to remain available
until expended, of which up to $20,591,000 shall be for the
purposes, and in the amounts, specified for this account in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That for funds provided by this
Act or any other prior Act, the limitation regarding the size
of the watershed or subwatershed exceeding two hundred and
fifty thousand acres in which such activities can be undertaken
shall only apply for activities undertaken for the primary
purpose of flood prevention (including structural and land
treatment measures): Provided further, That of the amounts made
available under this heading, $10,000,000 shall be allocated to
projects and activities that can commence promptly following
enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose of
watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport: Provided further, That of the
amounts made available under this heading, $10,000,000 shall
remain available until expended for the authorities under 16
U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed
projects with a primary purpose of providing water to rural
communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $2,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests
Reserve Program under the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571-6578), $7,000,000, to remain available
until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A
of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6923), as added by section 12302 of Public Law 115-334,
$8,500,000.
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in
accord with law, and to make contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Government Corporation Control Act as may be necessary in
carrying out the programs set forth in the budget for the
current fiscal year for such corporation or agency, except as
hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business: Provided
further, That the Secretary shall notify the Committees on
Appropriations of the House and Senate in writing 15 days prior
to the obligation or commitment of any emergency funds from the
Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation
and cleanup expenses, and operations and maintenance expenses
to comply with the requirement of section 107(g) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607(g)), and section 6001 of the
Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $351,087,000: Provided, That of the amount made
available under this heading, up to $5,000,000, to remain
available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture,
and may be transferred to other agencies of the Department for
such purpose, consistent with the missions and authorities of
such agencies: Provided further, That of the amount made
available under this heading, no less than $135,000,000, to
remain available until expended, shall be used for information
technology expenses: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,250,000,000 shall be for direct loans,
$7,500,000 shall be for a Single Family Housing Relending
demonstration program for Native American Tribes, and
$30,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $70,000,000
for section 515 rental housing; $400,000,000 for section 538
guaranteed multi-family housing loans; $10,000,000 for credit
sales of single family housing acquired property; $5,000,000
for section 523 self-help housing land development loans; and
$5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $46,375,000 shall be for direct loans; Single Family
Housing Relending demonstration program for Native American
Tribes, $2,468,000; section 504 housing repair loans,
$2,324,000; section 523 self-help housing land development
loans, $267,000; section 524 site development loans, $208,000;
and repair, rehabilitation, and new construction of section 515
rental housing, $13,377,000: Provided, That to support the loan
program level for section 538 guaranteed loans made available
under this heading the Secretary may charge or adjust any fees
to cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing Act
of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided
under this heading: Provided further, That of the amounts
available under this paragraph for section 502 direct loans, no
less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program
funded with a mutual and self-help housing grant authorized by
section 523 of the Housing Act of 1949 until June 1, 2023:
Provided further, That the Secretary shall implement provisions
to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural
Housing Service (RHS) multifamily housing properties by such
nonprofit organizations and public housing authorities that
commit to keep such properties in the RHS multifamily housing
program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the
following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax
credit syndication, own contributions, grants, and developer
loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with
owner's oversight of asset referred to as ``Asset Management
Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $36,000,000, to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall, as part of the preservation
and revitalization agreement, obtain a restrictive use
agreement consistent with the terms of the restructuring.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the Housing
Act of 1949 (42 U.S.C. 1484, 1486), $14,084,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be paid to the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Housing Act of 1949,
$1,487,926,000, and in addition such sums as may be necessary,
as authorized by section 521(c) of the Act, to liquidate debt
incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act:
Provided, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a
one-year period: Provided further, That upon request by an
owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term
of such loan has expired, subject to annual appropriations:
Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used for
purposes of any debt reduction, maintenance, repair, or
rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2023 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental
assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental
assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That except as
provided in the fourth proviso under this heading and
notwithstanding any other provision of the Act, the Secretary
may recapture rental assistance provided under agreements
entered into prior to fiscal year 2023 for a project that the
Secretary determines no longer needs rental assistance and use
such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, $48,000,000, to remain
available until expended: Provided, That the funds made
available under this heading shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further,
That the amount of such voucher shall be the difference between
comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made
available for such vouchers shall be subject to the
availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable,
administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of
Housing and Urban Development: Provided further, That in
addition to any other available funds, the Secretary may expend
not more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $48,000,000, to remain
available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $341,490,328, to remain available until
expended, of which up to $325,490,328 shall be for the
purposes, and in the amounts, specified for this account in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability
of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That any
unobligated balances from prior year appropriations under this
heading for the cost of direct loans, loan guarantees and
grants, including amounts deobligated or cancelled, may be made
available to cover the subsidy costs for direct loans and or
loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available
pursuant to the preceding proviso from amounts that were
designated by the Congress as an emergency requirement pursuant
to a Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, or that were
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement for division A of Public Law 117-103 described in
section 4 in the matter preceding such division A: Provided
further, That $10,000,000 of the amount appropriated under this
heading shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of such
Act: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B
of the Consolidated Farm and Rural Development Act,
$86,520,000, to remain available until expended: Provided, That
of the amount appropriated under this heading, not to exceed
$500,000 shall be made available for one grant to a qualified
national organization to provide technical assistance for rural
transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 2009aa et seq.), the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.), and the Appalachian
Regional Commission (40 U.S.C. 14101 et seq.) for any Rural
Community Advancement Program purpose as described in section
381E(d) of the Consolidated Farm and Rural Development Act, of
which not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, $2,000,000 shall be for
the Rural Innovation Stronger Economy Grant Program (7 U.S.C.
2008w): Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $3,313,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $331,000 shall be available through June 30,
2023, for Federally Recognized Native American Tribes; and of
which $663,000 shall be available through June 30, 2023, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be paid to the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $75,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not exceed
$15,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $28,300,000, of which $3,500,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development
centers, individual cooperatives, or groups of cooperatives
that serve socially disadvantaged groups and a majority of the
boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged
groups; and of which $16,000,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $3,000,000, to
remain available until expended, shall be for Agriculture
Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by
section 379E of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$20,000,000.
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$18,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with
section 243 of subtitle D of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as
added by section 4206 of the Agricultural Act of 2014, for
necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create
and preserve quality jobs, and to revitalize low-income
communities, $3,000,000, to remain available until expended:
Provided, That such costs of loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural
Development Act, as follows: $1,420,000,000 for direct loans;
and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste water,
waste disposal, and solid waste management programs authorized
by sections 306, 306A, 306C, 306D, 306E, and 310B and described
in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $596,404,000, to
remain available until expended, of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not
to exceed $5,000,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided, That
not to exceed $15,000,000 of the amount appropriated under this
heading shall be for grants authorized by section 306A(i)(2) of
the Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act: Provided
further, That $70,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105-83: Provided further, That not
more than 2 percent of the funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $37,500,000 of
the amount appropriated under this heading shall be for
technical assistance grants for rural water and waste systems
pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which
$8,500,000 shall be made available for a grant to a qualified
nonprofit multi-State regional technical assistance
organization, with experience in working with small communities
on water and waste water problems, the principal purpose of
such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $21,180,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $4,000,000 of the
amounts made available under this heading shall be for solid
waste management grants: Provided further, That not to exceed
$2,724,000 of the amounts appropriated under this heading shall
be available as the Secretary deems appropriate for water and
waste direct one percent loans for distressed communities:
Provided further, That if the Secretary determines that any
portion of the amount made available for one percent loans is
not needed for such loans, the Secretary may use such amounts
for grants authorized by section 306(a)(2) of the Consolidated
Farm and Rural Development Act: Provided further, That if any
funds made available for the direct loan subsidy costs remain
unobligated after July 31, 2024, such unobligated balances may
be used for grant programs funded under this heading: Provided
further, That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide
grants authorized under section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a): Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to the funds made available under this
heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as
authorized by sections 4, 305, 306, 313A, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 904, 935, 936, 940c-1,
and 940g) shall be made as follows: guaranteed rural electric
loans made pursuant to section 306 of that Act, $2,167,000,000;
cost of money direct loans made pursuant to sections 4,
notwithstanding the one-eighth of one percent in 4(c)(2), and
317, notwithstanding 317(c), of that Act, $4,333,000,000;
guaranteed underwriting loans pursuant to section 313A of that
Act, $900,000,000; and for cost-of-money rural
telecommunications loans made pursuant to section 305(d)(2) of
that Act, $690,000,000: Provided, That up to $2,000,000,000
shall be used for the construction, acquisition, design,
engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section
305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
935(d)(2)), including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974, cost of
money rural telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
energy efficiency measures supported by the funding in this
paragraph shall contribute in a demonstrable way to the
reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$64,991,000, to remain available until expended, of which up to
$4,991,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
$3,000,000 shall be made available for grants authorized by
section 379G of the Consolidated Farm and Rural Development
Act: Provided further, That funding provided under this heading
for grants under section 379G of the Consolidated Farm and
Rural Development Act may only be provided to entities that
meet all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $3,000,000, to
remain available until expended: Provided, That the cost of
direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
under the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et seq.), $363,512,317, to remain available until
expended, of which up to $15,512,317 shall be for the purposes,
and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That the Secretary may award grants described in
section 601(a) of the Rural Electrification Act of 1936, as
amended (7 U.S.C. 950bb(a)) for the purposes of carrying out
such pilot program: Provided further, That the cost of direct
loans shall be defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That at least 90 percent
of the households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area without
sufficient access to broadband: Provided further, That for
purposes of such pilot program, a rural area without sufficient
access to broadband shall be defined as twenty-five megabits
per second downstream and three megabits per second upstream:
Provided further, That to the extent possible, projects
receiving funds provided under the pilot program must build out
service to at least one hundred megabits per second downstream,
and twenty megabits per second upstream: Provided further, That
an entity to which a loan or grant is made under the pilot
program shall not use the loan or grant to overbuild or
duplicate broadband service in a service area by any entity
that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access
to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made
available in this paragraph can be used for administrative
costs to carry out the pilot program and up to three percent of
funds made available in this paragraph may be available for
technical assistance and pre-development planning activities to
support the most rural communities: Provided further, That the
Rural Utilities Service is directed to expedite program
delivery methods that would implement this paragraph: Provided
further, That for purposes of this paragraph, the Secretary
shall adhere to the notice, reporting and service area
assessment requirements set forth in section 701 of the Rural
Electrification Act (7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,376,000:
Provided, That funds made available by this Act to an agency in
the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $28,545,432,000 to remain
available through September 30, 2024, of which such sums as are
made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the
same time period and purposes as provided herein: Provided,
That of the total amount available, $20,162,000 shall be
available to carry out section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.): Provided further, That of the
total amount available, $21,005,000 shall be available to carry
out studies and evaluations and shall remain available until
expended: Provided further, That of the total amount available,
$14,000,000 shall remain available until expended to carry out
section 18(g) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)): Provided further, That notwithstanding
section 18(g)(3)(C) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year
2023 shall not exceed $500,000: Provided further, That of the
total amount available, $30,000,000 shall be available to
provide competitive grants to State agencies for subgrants to
local educational agencies and schools to purchase the
equipment, with a value of greater than $1,000, needed to serve
healthier meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $40,000,000 shall remain available until expended to
carry out section 749(g) of the Agriculture Appropriations Act
of 2010 (Public Law 111-80): Provided further, That of the
total amount available, $2,000,000 shall remain available until
expended to carry out activities authorized under subsections
(a)(2) and (e)(2) of section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and (e)(2)):
Provided further, That of the total amount available,
$3,000,000 shall be available until September 30, 2024 to carry
out section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
1793), of which $1,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the United States Virgin Islands,
Guam, and American Samoa: Provided further, That section 26(d)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1769g(d)) is amended in the first sentence by striking ``2010
through 2023'' and inserting ``2010 through 2024'': Provided
further, That section 9(h)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in
the first sentence by striking ``For fiscal year 2022'' and
inserting ``For fiscal year 2023'': Provided further, That
section 9(h)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by
striking ``For fiscal year 2022'' and inserting ``For fiscal
year 2023''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to
remain available through September 30, 2024: Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(10)), not less than $90,000,000 shall
be used for breastfeeding peer counselors and other related
activities, and $14,000,000 shall be used for infrastructure:
Provided further, That the Secretary shall use funds made
available under this heading to increase the amount of a cash-
value voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering
and Medicine and adjusted for inflation: Provided further, That
none of the funds provided in this account shall be available
for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements
specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities
that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such
Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the
requirement at 7 CFR 246.12(g)(6) at the request of a State
agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which
$3,000,000,000, to remain available through September 30, 2025,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds made
available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution
Program on Indian Reservations: Provided further, That of the
funds made available under this heading, $3,000,000, to remain
available until September 30, 2024, shall be used to carry out
section 4003(b) of Public Law 115-334 relating to demonstration
projects for tribal organizations: Provided further, That this
appropriation shall be subject to any work registration or
workfare requirements as may be required by law: Provided
further, That funds made available for Employment and Training
under this heading shall remain available through September 30,
2024: Provided further, That funds made available under this
heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of the
funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration
and Nationality Act (8 U.S.C. 1183A): Provided further, That
funds made available under this heading may be used to enter
into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $457,710,000, to
remain available through September 30, 2024: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2023 to support the Seniors Farmers' Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2024: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20
percent for costs associated with the distribution of
commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $189,348,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section 4401
of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000: Provided,
That funds made available by this Act to any agency in the
Trade and Foreign Agricultural Affairs mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $237,330,000, of which no more
than 6 percent shall remain available until September 30, 2024,
for overseas operations to include the payment of locally
employed staff: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development: Provided further, That
funds made available for middle-income country training
programs, funds made available for the Borlaug International
Agricultural Science and Technology Fellowship program, and up
to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation
by the Foreign Agricultural Service, shall remain available
until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480), for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,750,000,000, to remain
available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1), $243,331,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein: Provided further,
That of the amount made available under this heading, not more
than 10 percent, but not less than $24,300,000, shall remain
available until expended to purchase agricultural commodities
as described in subsection 3107(a)(2) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, which
shall be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
in addition to amounts appropriated to the FDA Innovation
Account, for carrying out the activities described in section
1002(b)(4) of the 21st Century Cures Act (Public Law 114-255);
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $6,562,793,000: Provided, That of the amount provided
under this heading, $1,310,319,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $324,777,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended;
$582,500,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this
account and remain available until expended; $41,600,000 shall
be derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $32,144,000 shall
be derived from animal drug user fees authorized by 21 U.S.C.
379j-12, and shall be credited to this account and remain
available until expended; $29,303,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-
21, and shall be credited to this account and remain available
until expended; $712,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2023 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2023, including any
such fees collected prior to fiscal year 2023 but credited for
fiscal year 2023, shall be subject to the fiscal year 2023
limitations: Provided further, That the Secretary may accept
payment during fiscal year 2023 of user fees specified under
this heading and authorized for fiscal year 2024, prior to the
due date for such fees, and that amounts of such fees assessed
for fiscal year 2024 for which the Secretary accepts payment in
fiscal year 2023 shall not be included in amounts under this
heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated: (1) $1,196,097,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $15,000,000 shall be used for inspections of foreign
seafood manufacturers and field examinations of imported
seafood; (2) $2,289,290,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs, of which no less than $10,000,000
shall be for pilots to increase unannounced foreign inspections
and shall remain available until expended; (3) $489,594,000
shall be for the Center for Biologics Evaluation and Research
and for related field activities in the Office of Regulatory
Affairs; (4) $287,339,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $736,359,000 shall be for the
Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6)
$76,919,000 shall be for the National Center for Toxicological
Research; (7) $677,165,000 shall be for the Center for Tobacco
Products and for related field activities in the Office of
Regulatory Affairs; (8) $214,082,000 shall be for Rent and
Related activities, of which $55,893,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) $236,166,000 shall be for
payments to the General Services Administration for rent; and
(10) $359,782,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of
Food Policy and Response, the Office of Operations, the Office
of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount
shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities
and shall not exceed $2,000,000: Provided further, That of the
amounts that are made available under this heading for ``other
activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be in
addition to funds otherwise made available for oversight of the
Food and Drug Administration: Provided further, That funds may
be transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n and
360ff, food and feed recall fees, food reinspection fees, and
voluntary qualified importer program fees authorized by 21
U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-
party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb-4a, and fees relating to over-the-counter
monograph drugs authorized by 21 U.S.C. 379j-72 shall be
credited to this account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $12,788,000, to remain available
until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $50,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and Human
Services Food and Drug Administration Salaries and Expenses''
solely for the purposes provided in such Act: Provided further,
That upon a determination by the Commissioner that funds
transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back
to the account: Provided further, That such transfer authority
is in addition to any other transfer authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships: Provided further, That
the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses
of Congress: Provided further, That the purposes of section
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C.
2128(b)(2)(A)(i)), the Farm Credit Administration may exempt,
an amount in its sole discretion, from the application of the
limitation provided in that clause of export loans described in
the clause guaranteed or insured in a manner other than
described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to specific
appropriations for this purpose, so long as the total number of
vehicles purchased in fiscal year 2023 does not exceed the
number of vehicles owned or leased in fiscal year 2018:
Provided, That, prior to purchasing additional motor vehicles,
the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for
the protection of life, property, and public safety: Provided
further, That the Secretary may not increase the Department of
Agriculture's fleet above the 2018 level unless the Secretary
notifies in writing, and receives approval from, the Committees
on Appropriations of both Houses of Congress within 30 days of
the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other
available unobligated discretionary balances that are remaining
available of the Department of Agriculture to the Working
Capital Fund for the acquisition of property, plant and
equipment and for the improvement, delivery, and implementation
of Department financial, and administrative information
technology services, and other support systems necessary for
the delivery of financial, administrative, and information
technology services, including cloud adoption and migration, of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes to
the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to
written notification to and prior approval of the Committee on
Appropriations of both Houses of Congress and in accordance
with the requirements of section 716 of this Act: Provided
further, That the National Finance Center Information
Technology Services Division personnel and data center
management responsibilities, and control of any functions,
missions, and systems for current and future human resources
management and integrated personnel and payroll systems (PPS)
and functions provided by the Chief Financial Officer and the
Chief Information Officer shall remain in the National Finance
Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of
the Chief Financial Officer shall actively market to existing
and new Departments and other government agencies National
Finance Center shared services including, but not limited to,
payroll, financial management, and human capital shared
services and allow the National Finance Center to perform
technology upgrades: Provided further, That of annual income
amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services,
and other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary
to respond to a declared state of emergency that significantly
impacts the operations of the National Finance Center; or to
evacuate employees of the National Finance Center to a safe
haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new
information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without written notification to
and the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That notwithstanding
section 11319 of title 40, United States Code, none of the
funds available to the Department of Agriculture for
information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of
written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an
agency to obligate funds without written approval from the
Chief Information Officer for projects, contracts, or other
agreements up to $250,000 based upon the performance of an
agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law
113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility that
is eligible to receive an insured or direct loan under such
Act, shall be eligible for assistance under section 313B(a) of
such Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Farm Service Agency shall remain available through
September 30, 2024, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113-79) or by a
successor to that Act, other than by title I or subtitle A of
title III of such Act, or programs for which indefinite amounts
were provided in that Act, that is authorized or required to be
carried out using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and
related administrative expenses, including technical
assistance, associated with the implementation of the
program, without regard to the limitation on the total
amount of allotments and fund transfers contained in
section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not
be considered to be a fund transfer or allotment for
purposes of applying the limitation on the total amount
of allotments and fund transfers contained in such
section.
Sec. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred
to as ``section 14222''), none of the funds appropriated or
otherwise made available by this or any other Act shall be used
to pay the salaries and expenses of personnel to carry out a
program under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c; in this section referred to as ``section 32'') in
excess of $1,483,309,000 (exclusive of carryover appropriations
from prior fiscal years), as follows: Child Nutrition Programs
Entitlement Commodities--$485,000,000; State Option Contracts--
$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of section 32 Commodity Purchases--$37,178,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1,
2023, such unobligated balances shall carryover into fiscal
year 2024 and shall remain available until expended for any of
the purposes of section 32, except that any such carryover
funds used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses
of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds
authorized in any prior appropriations Act to be used for the
purposes of clause (3) of section 32, none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause
(3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case
of the Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law
89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure for activities, programs, or projects through a
reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10
percent, whichever is less, that--
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction
in personnel which would result in a change in existing
programs, activities, or projects as approved by
Congress;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the
reprogramming or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of
Congress before implementing any program or activity not
carried out during the previous fiscal year unless the program
or activity is funded by this Act or specifically funded by any
other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding
levels, including information technology systems, that
involves increasing or decreasing funds in the current
fiscal year for the individual investment in excess of
$500,000 or 10 percent of the total cost, whichever is
less;
(2) realigning or reorganizing new, current, or
vacant positions or agency activities or functions to
establish a center, office, branch, or similar entity
with ten or more personnel; or
(3) carrying out activities or functions that were
not described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress written
or electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of the
loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information
requested for the appropriations hearing process to any non-
Department of Agriculture, non-Department of Health and Human
Services, or non-Farm Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the
story includes a clear notification within the text or audio of
the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the
Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses of
the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of
the Food and Drug Administration and the Chairman of the Farm
Credit Administration shall submit to the Committees on
Appropriations of both Houses of Congress a detailed spending
plan by program, project, and activity for all the funds made
available under this Act including appropriated user fees, as
defined in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
Sec. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs the
Secretary shall not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing
such an increase, the Secretary notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section 729
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred
shall be available for obligation only for the acquisition of
property, plant and equipment, including equipment for the
improvement, delivery, and implementation of Departmental
financial management, information technology, and other support
systems necessary for the delivery of financial,
administrative, and information technology services, including
cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of the
term ``variety'' as defined in section 278.1(b)(1)(ii)(C) of
title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category exceeds
the number of such items in each staple food category included
in the final rule as published on December 15, 2016: Provided,
That until the Secretary promulgates such regulatory
amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to
Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to loans
guaranteed under such section and eligible lenders for such
loans as the Secretary has under subsections (h) and (j) of
section 538 of such Act (42 U.S.C. 1490p-2) with respect to
loans guaranteed under such section 538 and eligible lenders
for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31
U.S.C. 9701 after the date of the enactment of this Act.
Sec. 729. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $315,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the 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. 730. Notwithstanding any provision of law that
regulates the calculation and payment of overtime and holiday
pay for FSIS inspectors, the Secretary may charge
establishments subject to the inspection requirements of the
Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg
Products Inspection Act, 21 U.S.C. 1031 et seq., for the cost
of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services
provided on Federal holidays: Provided, That any sums charged
pursuant to this paragraph shall be deemed as overtime pay or
holiday pay under section 1001(d) of the American Rescue Plan
Act of 2021 (Public Law 117-2, 135 Stat. 242): Provided
further, That sums received by the Secretary under this
paragraph shall, in addition to other available funds, remain
available until expended to the Secretary without further
appropriation for the purpose of funding all costs associated
with FSIS inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the
following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination
practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final
reports of any audits or reviews conducted pursuant to
subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade
agreements.
Sec. 732. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to implement section
3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent
with section 343(a)(13) of the Consolidated Farm and Rural
Development Act.
Sec. 733. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to carry out any
activities or incur any expense related to the issuance of
licenses under section 3 of the Animal Welfare Act (7 U.S.C.
2133), or the renewal of such licenses, to class B dealers who
sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for
a project for the construction, alteration, maintenance, or
repair of a public water or wastewater system unless all of the
iron and steel products used in the project are produced in the
United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category of
cases in which the Secretary of Agriculture (in this section
referred to as the ``Secretary'') or the designee of the
Secretary finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities or of a satisfactory quality; or
(3) inclusion of iron and steel products produced in
the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the
designee concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to
making a finding based on the request. The Secretary or the
designee shall make the request and accompanying information
available by electronic means, including on the official public
Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural
Water and Waste Disposal Program Account'' for carrying out the
provisions described in subsection (a)(1) for management and
oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use
of iron and steel products otherwise prohibited by such
subsection if the plans and specifications have received
required approvals from State agencies prior to the date of
enactment of this Act.
(g) For purposes of this section, the terms ``United States''
and ``State'' shall include each of the several States, the
District of Columbia, and each Federally recognized Indian
Tribe.
Sec. 735. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-Cooperative
Service--Rural Microentrepreneur Assistance Program''; ``Rural
Utilities Service--Rural Water and Waste Disposal Program
Account''; ``Rural Utilities Service--Rural Electrification and
Telecommunications Loans Program Account''; and ``Rural
Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'', to the maximum extent feasible, at least
10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population
limits, any county seat of such a persistent poverty county
that has a population that does not exceed the authorized
population limit by more than 10 percent: Provided, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses, and 2007-2011
American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)) in
research in which a human embryo is intentionally created or
modified to include a heritable genetic modification. Any such
submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ``Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold
wine grapes, hops, pulse crops, or almonds.
Sec. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish
and enhance farming and ranching opportunities for military
veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none of
the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code
of Federal Regulations, with respect to the substitution of
vegetables for fruits under the school breakfast program
established under section 4 of the Child Nutrition Act of 1966
(42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of
the Agricultural Marketing Act of 1946, or section
10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale,
or use of hemp, or seeds of such plant, that is grown
or cultivated in accordance with section 7606 of the
Agricultural Act of 2014 or subtitle G of the
Agricultural Marketing Act of 1946, within or outside
the State in which the hemp is grown or cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of
Public Law 115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the
matching funds requirement under section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and
public housing authorities to provide technical assistance,
including financial and legal services, to RHS multi-family
housing borrowers to facilitate the acquisition of RHS multi-
family housing properties in areas where the Secretary
determines a risk of loss of affordable housing, by non-profit
housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the
RHS multi-family housing program for a period of time as
determined by the Secretary.
Sec. 746. There is hereby appropriated $4,000,000, to carry
out section 4208 of Public Law 115-334, including for project
locations in additional regions.
Sec. 747. There is hereby appropriated $4,000,000 to carry
out section 12301 of Public Law 115-334, Farming Opportunities
Training and Outreach.
Sec. 748. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought or
severe weather, the Secretary may provide potable water through
the Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the
established period provided under the Program in order to
protect public health.
Sec. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place
to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not
diverted for unauthorized or inappropriate purposes.
Sec. 750. In this fiscal year and thereafter, and
notwithstanding any other provision of law, ARS facilities as
described in the ``Memorandum of Understanding Between the U.S.
Department of Agriculture Animal and Plant Health Inspection
Service (APHIS) and the U.S. Department of Agriculture
Agricultural Research Service (ARS) Concerning Laboratory
Animal Welfare'' (16-6100-0103-MU Revision 16-1) shall be
inspected by APHIS for compliance with the Animal Welfare Act
and its regulations and standards.
Sec. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food
authority that had a negative balance in the nonprofit school
food service account as of June 30, 2022, shall be required to
establish a price for paid lunches in accordance with section
12(p) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to
carry out a pilot program that assists rural hospitals to
improve long-term operations and financial health by providing
technical assistance through analysis of current hospital
management practices.
Sec. 754. Any funds made available by this or any other Act
that the Secretary withholds pursuant to section 1668(g)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5921(g)(2)), as amended, shall be available for grants
for biotechnology risk assessment research: Provided, That the
Secretary may transfer such funds among appropriations of the
Department of Agriculture for purposes of making such grants.
Sec. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by
section 7209 of Public Law 115-334.
Sec. 756. Hereafter, none of the funds made available by
this Act or any other Act, may be used to pay the salaries or
expenses of personnel to implement any activities related to
the permitting of non-recording of observed violations of the
Animal Welfare Act or its regulations on official inspection
reports.
Sec. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include
equipment and facility upgrades, and in addition to any other
funds made available for this purpose, there is appropriated
$4,000,000, to remain available until September 30, 2024:
Provided, That amounts made available in this section shall be
treated as funds collected by fees authorized under Mar. 4,
1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Sec. 758. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used to
move any staff office or any agency from the mission area in
which it was located on August 1, 2018, to any other mission
area or office within the Department in the absence of the
enactment of specific legislation affirming such move.
Sec. 759. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act or any other Act for the Watershed
and Flood Prevention Operations Program and the Watershed
Rehabilitation Program carried out pursuant to the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.),
and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) to provide technical services for such
programs pursuant to section 1252(a)(1) of the Food Security
Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection
(c) of such section.
Sec. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141), the Secretary of Agriculture
may, for purposes of determining entities eligible to receive
assistance, consider those communities which are ``Areas Rural
in Character'': Provided, That not more than 10 percent of the
funds made available under the heading ``Distance Learning,
Telemedicine, and Broadband Program'' for the purposes of the
pilot program established by section 779 of Public Law 115-141
may be used for this purpose.
Sec. 761. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 1901 note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title
9, Code of Federal Regulations (or a successor
regulation).
Sec. 762. In addition to amounts otherwise made available by
this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available
until expended, to implement non-renewable agreements on
eligible lands, including flooded agricultural lands, as
determined by the Secretary, under the Water Bank Act (16
U.S.C. 1301-1311).
Sec. 763. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than September 30, 2023, and following
the review required under Executive Order No. 12866 (5 U.S.C.
601 note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public
Law 115-334: Provided, That the Secretary shall prioritize the
wetland compliance needs of areas with significant numbers of
individual wetlands, wetland acres, and conservation compliance
requests.
Sec. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food
Disclosure Standard (February 19, 2019) shall include the words
``genetically engineered'' prior to the existing acceptable
market name.
Sec. 766. There is appropriated to the Department of
Agriculture, for an additional amount for ``Agricultural
Programs--Processing, Research, and Marketing--Office of the
Secretary'', $5,000,000, which shall remain available until
expended, for necessary expenses, under such terms and
conditions determined by the Secretary, related to testing
soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an
agricultural producer, assisting agricultural producers
affected by PFAS contamination with costs related to mitigate
the impacts to their operation that have resulted from such
contamination and indemnifying agricultural producers for the
value of unmarketable crops, livestock, and other agricultural
products related to PFAS contamination: Provided, That the
Secretary shall prioritize such assistance to agricultural
producers in states and territories that have established a
tolerance threshold for PFAS in a food or agricultural product:
Provided further, That, not later than 90 days after the end of
fiscal year 2023, the Secretary shall submit a report to the
Congress specifying the type, amount, and method of such
assistance by state and territory and the status of the amounts
obligated and plans for further expenditure, and include
improvements that can be made to U.S. Department of Agriculture
programs, either administratively or legislatively, to increase
support for agricultural producers impacted by PFAS
contamination and to enhance scientific knowledge on PFAS
uptake in crops and livestock and PFAS mitigation and
remediation methods and disseminate such knowledge to
agricultural producers.
Sec. 767. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2023, an amount
of funds made available in title III under the headings of
Rural Housing Insurance Fund Program Account, Mutual and Self-
Help Housing Grants, Rural Housing Assistance Grants, Rural
Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural
Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under
such headings in the most recent fiscal year any such funds
were obligated under such headings for REAP Zones.
Sec. 768. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2019
(Public Law 116-6; 133 Stat. 89).
Sec. 769. For an additional amount for the Office of the
Secretary, $15,000,000, to remain available until expended, to
continue the Institute for Rural Partnerships as established in
section 778 of Public Law 117-103: Provided, That the Institute
for Rural Partnerships shall continue to dedicate resources to
researching the causes and conditions of challenges facing
rural areas, and develop community partnerships to address such
challenges: Provided further, That administrative or other fees
shall not exceed one percent: Provided further, That such
partnership shall coordinate and publish an annual report.
Sec. 770. Of the unobligated balances from prior year
appropriations made available under the heading ``Farm Service
Agency--Agricultural Credit Insurance Fund Program Account'',
$73,000,000 are hereby rescinded.
Sec. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop
insurance contracts described in subsection (a)(2)(F) of
section III of the 2023 Standard Reinsurance Agreement (SRA)
that cover agricultural commodities described in section 101 of
title I of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note), there is hereby appropriated $25,000,000, to
remain available until expended, to pay, with respect to such
contracts for the 2021 reinsurance year, an amount that is
equal to the difference between the amount to be paid pursuant
to the SRA for the applicable reinsurance year and the amount
that would be paid if such contracts were not subject to a
reduction described in subsection (a)(2)(G) of section III of
the SRA but subject to a reimbursement rate equal to 17.5
percent of the net book premium.
Sec. 772. For an additional amount for the ``Office of the
Secretary'', $1,300,000, to remain available until expended,
for the Secretary, in consultation with the Secretary of the
Department of Health and Human Services, to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study of the eight topics and
scientific questions related to alcohol previously published by
USDA and HHS and other relevant topics: Provided, That the
panel or panels established by the National Academies Sciences,
Engineering, and Medicine to conduct the study shall operate in
a fully transparent manner and include a balanced
representation of individuals who have expertise in the health
effects of alcohol consumption, are unbiased, and are free from
conflicts of interests: Provided further, That the findings and
recommendations of the study shall be based on the
preponderance of the scientific and medical knowledge
consistent with section 5341 of title 7 of United States Code:
Provided further, That not later than eighteen months after the
date of enactment of this Act, the National Academies of
Sciences, Engineering, and Medicine shall submit its report to
the Secretary of Agriculture, the Secretary of Health and Human
Services, and the Congress of its systematic review and data
analysis of the eight research topics: Provided further, That
the Secretary of Agriculture shall ensure that the 2025 Dietary
Guidelines for Americans process includes a recommendation for
alcohol and shall be based on the preponderance of scientific
and medical knowledge consistent with section 5341 of title 7
of United States Code: Provided further, That the Secretary of
Agriculture shall ensure the process is fully transparent and
includes a balanced representation of individuals who are
unbiased and free from conflicts of interest.
Sec. 773. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign Investment
Disclosure Act (Public Law 95-460), shall report to Congress on
foreign investments in agricultural land in the United States,
including the impact foreign ownership has on family farms,
rural communities, and the domestic food supply: Provided, That
within 3 years after the enactment of this Act, the Secretary
shall establish a streamlined process for electronic submission
and retention of disclosures made under the Agricultural
Foreign Investment Disclosure Act, including an internet
database that contains disaggregated data from each disclosure
submitted: Provided further, That all prior year disclosures of
foreign investments in agricultural land in the United States
are published in the database: Provided further, That the plan
includes a process to ensure the protection of personally
identifiable information and that all disclosures of foreign
investments in agricultural land on the USDA website be
disaggregated by: (1) in any case in which such foreign person
is an individual, the citizenship of such foreign person; and
(2) in any case in which such foreign person is not an
individual or a government, the nature of the legal entity
holding the interest, the country in which such foreign person
is created or organized, and the principal place of business of
such foreign person.
Sec. 774. Notwithstanding any other provision of law, the
common name ``Kanpachi'' shall serve as an acceptable market
name under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) for labeling and marketing of ocean-farmed Seriola
rivoliana.
Sec. 775. In this or any subsequent fiscal year, the
Secretary of Homeland Security shall transfer to the Secretary
of Agriculture the operation of and all property required to
operate the National Bio- and Agro-Defense Facility in
Manhattan, Kansas: Provided, That, such transfer of function
shall include the transfer of up to 40 full time equivalent
positions, to be completed within 120 days of the effective
date of the transfer of function, as jointly determined by the
Secretaries.
Sec. 776. (a) Section 260 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636i) is amended by striking ``2022'' and
inserting ``2023''.
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106-78) is amended by
striking ``2022'' and inserting ``2023''.
Sec. 777. Section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) is amended by striking
``Access to Local Foods: Farm to School Program.'' and
inserting ``Access to Local Foods: Patrick Leahy Farm to School
Program''.
Sec. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the
Secretary shall consider a city or town to be a rural area for
the purposes of eligibility for a guaranteed loan funded
through the Rural Community Facilities Program Account if the
project to be funded received a prior loan from such account in
fiscal year 2021.
Sec. 779. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 742 of division A of
Public Law 113-235, $150,000,000 are hereby rescinded not later
than September 30, 2023.
Sec. 780. Funds made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Rural
Community Facilities Program Account'' under section 306 of the
Consolidated Farm and Rural Development Act, 7 U.S.C. 1926, for
the principal amount of direct loans are to remain available
through fiscal year 2028 for the liquidation of valid
obligations incurred in fiscal year 2018.
Sec. 781. Of the unobligated balances from amounts made
available to carry out section 749(g) of the Agricultural
Appropriations Act of 2010 (Public Law 111-80), $80,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to a Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division A contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S7820 of
Book I.
---------------------------------------------------------------------------
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
CONGRESSIONAL DIRECTIVES
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-392
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
In cases in which the House or this explanatory statement
has directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations no later than 60 days after enactment of this
Act, unless otherwise directed.
Hereafter, in Division A of this statement, the term `the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement are
reminded that the Committees use the definitions for transfer,
reprogramming, and program, project, and activity as defined by
the Government Accountability Office (GAO) in GAO-04-261SP
Appropriations Law--Vol. I and GAO-05-734SP Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2023, accompanying Committee reports,
explanatory statements, and budget justifications. Program
activity structures are intended to provide a meaningful
representation of the operations financed by a specific budget
account by project, activity, or organization.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA) to
provide an organizational chart for each agency funded by this
Act to the division and subdivision level, as appropriate,
within 60 days of enactment of this Act. The agreement also
directs the Food and Drug Administration (FDA) and the Farm
Credit Administration (FCA) to provide an organizational chart
of each agency, respectively, to the division and subdivision
level, as appropriate, within 60 days of enactment of this Act.
Further, USDA and FDA should be mindful of Congressional
authority to determine and set final funding levels for fiscal
year 2024. Therefore, the agencies should not presuppose
program funding outcomes and prematurely initiate action to
redirect staffing prior to knowing final outcomes on fiscal
year 2024 program funding. The agreement directs OBPA to
provide the Committees with the number of staff years and
employees on board for each agency funded by this Act on a
monthly basis.
This agreement provides funding for Community Project
Funding/Congressionally Directed Spending. The bill includes
language in each account with such spending that the funding
``shall be for the purposes, and in the amounts, specified for
[the relevant account] in the table titled `Community Project
Funding/Congressionally Directed Spending' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).''
The agreement fully funds the request of the Department of
Agriculture for the costs of the fiscal year 2023 pay increase
for the USDA agencies funded in this bill.
The agreement also fully funds the costs of the fiscal year
2023 pay increase for the Food and Drug Administration.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $65,067,000 for the Office of the
Secretary. This includes an increase of $2,000,000 for the
Office of Partnership and Public Engagement for technical
assistance training and partner organization development.
The agreement is concerned with the dramatic rise in
organic feedstock prices for livestock, especially organic
dairy producers, as a result of severe drought conditions,
international trade wars, supply chain backlogs, and
unprecedented inflation. The Committees are working closely
with the department to better understand this issue and find a
solution. The agreement directs the department to report back
to the Committees within 30 days of enactment of this Act on
available funding sources to address this problem, including
exercising authority under the Commodity Credit Corporation.
The Secretary is directed to include 2022 losses in the
Pandemic Assistance Revenue Program.
The Farm and Food Workers Relief Grant program was
established by USDA as a support program for frontline farm,
grocery and meatpacking workers directly impacted by the
pandemic. The agreement directs the Department to update the
Committees on the program and provide legislative and/or policy
recommendations for dealing with expenses incurred, including
PPE, by frontline workers in any future pandemics.
The Secretary is urged to work with the states in the
Chesapeake Bay area to assist fishermen and processors dealing
with invasive blue catfish.
The agreement directs the Secretary, in consultation with
the Secretary of HHS, to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study related to alcohol consumption. The agreement
provides $1,300,000 in a general provision to carry out this
study.
The agreement is concerned about unfair wheat variety
registration practices that negatively affect American wheat
growers that export to Canada. The agreement urges the
Secretary to work with the Department of Commerce and the
United States Trade Representative to prioritize conversations
with the Canadian government to address trade inequities.
The agreement provides $15,000,000 to continue the
Institutes for Rural Partnership at the three institutions
originally funded in fiscal year 2022.
The agreement encourages the Secretary to consider the
maximum practical use of RC&D Councils in the delivery of USDA
programs and services.
The agreement recognizes the need for biobased and U.S.
grown alternatives to plastic. The agreement directs the
Secretary to explore U.S. based hemp as a robust and dependable
plastic alternative and issue a report to the Committees within
180 days of passage of this Act.
The agreement encourages USDA to further expand the work of
the 1890 and 1994 Land Grant Institutions to allow for the
selection of a greater number of scholars and supports the
participation of more agencies in this effort.
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $7,432
Office of Homeland Security................................ 1,396
Office of Tribal Relations................................. 5,190
Office of Partnerships and Public Engagement............... 9,280
Office of Assistant Secretary for Administration........... 1,706
Departmental Administration................................ 26,716
Office of Assistant Secretary for Congressional Relations 4,609
and Intergovernmental Affairs.............................
Office of Communications................................... 8,738
------------
Total, Office of the Secretary......................... $65,067
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $28,181,000 for the Office of the
Chief Economist.
The agreement provides $8,000,000 for policy research under
7 U.S.C. 3155. Of the amount provided, $3,000,000 is for the
Department to focus efforts on entities that have developed
models, databases, and staff necessary to conduct in-depth
analysis of impacts of agriculture or rural development policy
proposals on rural communities, farmers, agribusiness,
taxpayers, and consumer. The Department is encouraged to fund
regional and State-level baseline projections.
The agreement directs the Secretary to study the U.S.
bioeconomy's size and scope in comparison with other nations
according to available data and direct/indirect jobs and
average wages, economic output, tax contributions, and
investment. The agreement directs to Department to consult with
the Committees on the details of the study and submit a report
within one year of enactment of this Act.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $16,703,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $14,967,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $92,284,000 for the Office of the
Chief Information Officer, of which not less than $77,428,000
is for cybersecurity requirements of the Department.
The agreement directs the Department to continue to drive
enterprise-wide implementation and expansion of the USDA
Enterprise Data Analytics Platform and Toolset.
Office of the Chief Financial Officer
The agreement provides $7,367,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $1,466,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $37,595,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $40,581,000 for Agriculture
Buildings and Facilities. The agreement directs the Department
to provide updates on the One Neighborhood Initiative and
future space needs following the COVID-19 pandemic as soon as
possible.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $7,581,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $21,800,000 for the Office of
Safety, Security, and Protection. The agreement does not
provide funding for activities that are currently funded
through other resources such as the Working Capital Fund or
that have historically been funded through other means.
Office of Inspector General
The agreement provides $111,561,000 for the Office of
Inspector General. This includes an increase of $1,500,000 for
oversight of the Infrastructure Investment and Jobs Act.
Office of the General Counsel
The agreement provides $60,537,000 for the Office of the
General Counsel (OGC). The agreement includes $2,600,000 to
establish within OGC functions related to the Freedom of
Information Act.
Office of Ethics
The agreement provides $5,556,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $2,384,000 for the Office of the
Under Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $92,612,000 for the Economic
Research Service (ERS). The agreement includes $3,000,000 for
costs associated with the second round of USDA's National
Household Food Purchase and Acquisition Survey and $500,000 to
establish a honeybee economist position to adequately inform
USDA disaster, conservation, forage, research, and other
programmatic efforts to support the specialty crop and honey
industry supply chains.
The agreement directs ERS to report on a quarterly basis
the top five agricultural commodity exports and imports by
State and to identify the country of destination or origin of
those commodities.
The agreement reminds the Secretary of directives in fiscal
year 2022 to submit reports to the Committees on both voluntary
carbon sequestration incentives and life cycle analysis (LCA)
for various biobased products.
The agreement encourages ERS to continue and expand the
efforts relating to organic data analysis.
The agreement recognizes ERS' ongoing efforts to identify
census tracts with difficult and mountainous terrain and
directs ERS to continue this research. The agreement further
directs ERS to keep the Committees and any other interested
parties regularly apprised of progress, and to make all efforts
to expedite the report's completion while maintaining the
integrity of the research.
National Agricultural Statistics Service
The agreement provides $211,076,000 for the National
Agricultural Statistics Service (NASS), of which $66,413,000 is
for the Census of Agriculture. The agreement maintains funding
for the Cost of Pollination survey, the Floriculture Crops
report, and for NASS to coordinate with AMS for activities
related to expanding organic price reporting and organic data
collection. The agreement also maintains $2,000,000 to expand
the existing geospatial program.
The agreement expects NASS to continue its ongoing
activities at the frequency levels assumed in fiscal year 2022,
including barley acreage and production estimates; the Bee and
Honey Program; the Chemical Use Data Series; the Floriculture
Crops Report; and Fruit and Vegetable Reports, including in-
season forecasts for non-citrus fruit and tree nut crops such
as pecans.
The agreement directs NASS to continue to work with
stakeholders to better understand how to capture supplemental
information for certain crops to help offset data losses from
the discontinuation of agricultural statistics district level
estimates.
The agreement encourages NASS to reinstate the 5-year
Vineyard and Orchard Acreage Study and resume data collection
and reporting so grape, wine, and juice producers can remain
competitive and respond to challenges in the industry.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,744,279,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement expects extramural and intramural research to
be funded at no less than the fiscal year 2022 levels. The
agreement provides funding increases for Activated Foods;
Aflatoxin Mitigation; Agricultural Measurement and Monitoring
Innovation Lab; Agrivoltaics; Alfalfa Research; Alternative
Protein Research; BARD; Barley Pest Initiative; Bee Genomics;
Biotechnology Innovation; Central Crops Research; Chronic
Wasting Disease; Citrus Breeding; Climate Hubs; Coffee Leaf
Rust; Cotton Genetics and Fiber Quality; Cover Crops; Crop
Production Systems and Genetic Research; Dairy Forage;
Floriculture and Nursery Research Initiative; Food Systems;
Fumigant Alternatives Research; Genetic Oats; Harmful Algal
Blooms; Healthy Soils in Semi-Arid Locations Research;
Herbicide Resistance; High Performance Computing; Human
Nutrition; Improvements in Broiler Production; LTAR; Little
Cherry Disease; Livestock Genetics; Macadamia Tree Health;
Machine Learning and Electromagnetic Sensors Research; Marine
Aquaculture Seedstock; Missouri River Basin Management;
National Bio- and Agro Defense Facility; National Soil Dynamics
Lab; Navel Orangeworm; Pay Costs; Peanut Nutrition; Peanut
Research; Pecan Genetics; Pecan Processing; Poultry Processing
Research and Innovation; Poultry Production and Product Safety;
Predictive Crop Performance; Recirculating Aquaculture Systems
Research; Regenerative and Precision Agriculture for Orchards;
Repair and Maintenance; Small Fruits; Soil Health Research;
Sorghum Genetic Database; Strawberry Production; Sugarbeets;
Sugarcane Variety Development; Sustainable Poultry Processing
Research; Tree Fruit Post-Harvest Research; Water Quality
Management Systems; Whitefly; and Wildfire Smoke Taint.
The agreement encourages ARS to focus cattle fever tick
research efforts on projects designed for synergistic
compatibility with eradication technologies inside and beyond
the permanent fever tick quarantine zone.
The agreement directs ARS to continue its Atlantic salmon
breeding and domestication work. The agreement notes that the
current Atlantic salmon breeding program lacks a geneticist and
supports efforts by the Department to address this need.
BUILDINGS AND FACILITIES
The agreement provides $74,297,000 for ARS Buildings and
Facilities. In addition, $58,000,000 is provided in Division N
of this consolidated Act for previously funded facilities that
have incurred cost overruns.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $1,094,121,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
The agreement encourages AFRI to prioritize funding for
agro-acoustics in its basic and applied research program, as
well as through Food and Agricultural Science Enhancement
grants. The agreement encourages the Secretary to expand career
and technical training opportunities for meat processing within
the AFRI Education and Workplace Development initiative. The
agreement encourages NIFA to prioritize the Sustainable
Agricultural Systems program area, particularly proposals that
include a focus on digital agriculture and the digitally
augmented food supply chain.
The agreement notes that the National Organic Standards
Board (NOSB) has identified key organic research priorities and
encourages NIFA to consider these priorities when crafting the
fiscal year 2023 Request for Applications for AFRI and the
Organic Transition Program. The agreement also encourages USDA
to increase the number of organic research projects funded
under AFRI and the Specialty Crop Research Initiative.
The agreement encourages USDA to support research projects
that characterize protein from crop plants such as chickpeas,
sorghum, lentils, fava beans, lupin, rice, oats, mushrooms, and
water lentils to assess their suitability for use in food
products.
The agreement encourages land-grant universities to take
steps to foster the next generation of public plant and animal
breeders by placing a higher priority on the development of
publicly available, regionally adapted cultivars and breeds.
The agreement provides funding to support research into the
improvement of yields, water conservation, creation of new
uses, and other research areas with the potential to advance
the alfalfa seed and alfalfa forage industry.
The agreement encourages NIFA to support research on algae
and algae application in agriculture, including new
technologies and commercial markets for renewable and
sustainable products derived from algae.
The agreement encourages USDA to support aquaculture
disease and vaccine research, including research on cold-water
aquaculture vaccines.
The agreement recognizes the need for research on
eradicating livestock diseases, particularly bovine brucellosis
and bovine tuberculosis, and encourages NIFA to make
competitive grants available to study improved management tools
for zoonotic livestock diseases with significant wildlife
reservoirs.
The agreement encourages NIFA to conduct research to
develop technologies that will provide rapid, portable, and
facile screening of fish species at port sites as well as at
wholesale and retail centers.
The agreement encourages continuation of the Dual Purpose
with Dual Benefit partnership between the National Institute of
Child Health and Human Development and USDA.
The agreement supports research funding for new food safety
technologies relating to the Nation's food supply that helps
researchers, producers, and manufacturers, and encourages NIFA
to increase research of novel bio-detection technologies and
the implementation of mobile bio-detection platforms in real-
world technologies.
The agreement continues to encourage NIFA, in coordination
with the FDA, to establish a Center of Excellence for Foodborne
Illness to coordinate a research program to reduce the risk of
Listeria monocytogenes.
The agreement supports research on how bioactive substances
help reduce obesity and encourages increased investment in this
area.
The agreement directs NIFA to work with research
institutions to develop and refine predictive models and
monitoring technologies for native and invasive pests for
incorporation into integrated pest management programs for
naturally seeded, native berry crops to increase the margin of
food safety and product quality.
The agreement supports developing, building, operating,
demonstrating, and teaching around integrated and bio-secure
production technology for feed, fish-plant, and energy
products.
The agreement continues to encourage NIFA to raise the
maximum grant size to accommodate a wider range of project
types and scopes.
The agreement emphasizes the important role of the
Specialty Crop Research Initiative in addressing the critical
needs of the specialty crop industry through research and
extension activities, and encourages NIFA to prioritize
proposals seeking to aid farmers in extending their growing
season through the use of winter growing techniques.
The agreement recognizes the importance of nationally
coordinated, regionally managed canola research and extension
programs and encourages the Secretary to give priority
consideration to proposals that address research needs in
production areas with the greatest potential to expand, as well
as those where canola production is established and needs to be
maintained.
The agreement encourages NIFA to support cooperative work
with State-run universities in the Southwest with experience in
bringing together students and young dairy professionals from
multiple States in summer programs designed to provide
practical dairy teaching with the goal of facilitating research
into workforce safety and antimicrobial stewardship.
The agreement notes the critical shortage of veterinarians
in the public, private, industrial, and academic sectors, and
as such, continues funding both the Veterinary Medicine Loan
Repayment Program and the Veterinary Services Grant Program.
The agreement supports research and development efforts in
US-made sustainable and renewable composite materials made from
natural fibers and biopolymers and encourages NIFA to consider
research projects which advance end-to-end American farm-to-
product capability to increase efficiency and strengthen our
nation's manufacturing capability in the expanding field of
sustainable engineering materials.
The agreement provides $2,000,000 to make competitive
grants for agricultural research facilities in support of the
Research Facilities Act and encourages NIFA to prioritize
facilities that are located at or primarily benefit minority
serving institutions when making awards. In addition, the
agreement urges NIFA to conduct outreach and grant writing
technical assistance prior to issuing any funding awards.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $265,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 38,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 89,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 7,000
Education Grants for 1890 7 U.S.C. 3152(b)...... 30,000
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d)...... 10,000
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 16,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 5,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 5,000
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 6,000
Grant Colleges of Agriculture.
New Beginning for Tribal Students.. 7 U.S.C. 3222e........ 5,000
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,500
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 455,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 10,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 4,000
Continuing Animal Health and 7 U.S.C. 3151a........ 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 2,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 10,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 1,000
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 50,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,500
Sun Grant Program.................. 7 U.S.C. 8114......... 3,500
Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925......... 4,000
Systems Research Program.
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(e)...... 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924......... 2,500
Initiative.
Laying Hen and Turkey Research 7 U.S.C. 5925......... 1,000
Program.
Open Data Standards for Neutral Sec. 757 of Division A 1,000
Data Repositories. of P.L. 117-103.
Research Facilities Act............ 7 U.S.C. 390 et seq... 2,000
Special Research Grants:........... 7 U.S.C. 450i(c)...... ...........
Global Change/UV Monitoring...... ...................... 1,400
Potato Research.................. ...................... 4,000
Aquaculture Research............. ...................... 2,200
Total, Special Research Grants... ...................... 7,600
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,924
Federal Administration--Other ...................... 12,597
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.......... ...................... 20,521
Total, Research and Education ...................... $1,094,121
Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $565,410,000 for NIFA, Extension
Activities.
The agreement recognizes that changes are needed to develop
a 21st century extension to meet the needs of today's farmers,
and directs NIFA to conduct meetings with producers,
stakeholders, and policymakers to begin developing a framework
for the next generation of farm extension programs.
The agreement is concerned that extension service resources
do not reach minority, social disadvantaged, and Tribal
communities and as such, encourages NIFA to evaluate
distribution of extension resources to these populations.
The agreement reminds the Secretary of the report directed
in fiscal year 2022 detailing Rural Health and Safety Education
Program funding awarded to projects addressing opioid abuse,
projects combatting other types of substance abuse, and
projects unrelated to substance abuse.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
[Dollars in Thousands]
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $325,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 72,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 11,000
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 21,500
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 5,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 2,000
Food Safety Outreach Program....... 7 U.S.C. 7625......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 2,000
Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d).......
Food and Nutrition Education... ...................... 70,000
Farm Safety and Youth Farm ...................... 5,000
Safety Education.
Programs
New Technologies for ...................... 3,550
Agricultural Extension.
Children, Youth, and Families ...................... 8,395
at Risk.
Federally Recognized Tribes ...................... 4,305
Extension Program.
------------
Total, Section 3(d)........ ...................... 91,250
Necessary Expenses of Extension
Activities
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 1,000
Federal Administration--Other ...................... 8,100
Necessary Expenses for Extension
Activities.
------------
Total, Necessary Expenses.. ...................... 9,100
============
Total, Extension Activities ...................... $565,410
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The agreement provides $41,500,000 for NIFA, Integrated
Activities.
The agreement supports the work being done through the
publicly funded diagnostic laboratory network and encourages
NIFA to prioritize funding to strengthen animal health
diagnostic laboratories.
The agreement directs the Secretary to support pest
management programs in potato growing States.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 7,500
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 3,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 21,000
Program.
------------
Total, Integrated Activities... ...................... $41,500
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $1,617,000 for the Office of the
Under Secretary for Marketing and Regulatory Programs.
The agreement continues to reject past proposals to
administratively implement new user fees and believes USDA
should not propose new user fees without taking into account
the full impact on farmers, ranchers, and beneficiaries who
would be forced to contend with rapid changes and additional
costs without prior notice.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,171,071,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and Expenses.
In addition, $125,000,000 is provided for Agricultural
Quarantine Inspection Services in Division N of this
consolidated Act.
The agreement provides a net increase of $60,853,000 for
high priority initiatives in order to protect the plant and
animal resources of the Nation from pests and diseases. Within
the increase total, the agreement includes the following:
$2,635,000 to support the implementation of the National
Aquaculture Health Plan and the Comprehensive Aquaculture
Health Program Standards; $1,000,000 for Cattle Health to
combat the cattle fever tick; $2,500,000 for the Equine,
Cervid, and Small Ruminant Health program to help address
chronic wasting disease; $722,000 for the National Veterinary
Stockpile to protect against the most damaging animal diseases;
$1,500,000 for the National Animal Health Laboratory Network
[NAHLN]; $1,000,000 for Zoonotic Disease Management to combat
antimicrobial resistance; $500,000 for the Cotton Pests program
to continue eradication efforts against the cotton boll weevil;
$500,000 for Field Crop and Rangeland Ecosystems Pests to
combat the Mormon cricket and grasshopper; $750,000 for Plant
Protection Methods Development to eradicate the Northern Giant
Hornet; a net $2,919,000 for Specialty Crop Pests for the
control and eventual eradication of the spotted lanternfly
($500,000) and fruit flies ($3,419,000); $3,000,000 for
Wildlife Damage Management to continue feral swine eradication
efforts ($1,000,000) and to implement non-lethal livestock-
predator conflict deterrence techniques ($2,000,000);
$2,300,000 for Wildlife Services Methods Development for
chronic wasting disease work at the National Wildlife Research
Center ($1,000,000) and for aircraft maintenance and
refurbishments ($1,300,000); $1,500,000 for Animal and Plant
Health Regulatory Enforcement; $1,400,000 for Emergency
Preparedness and Response to implement emergency contingency
plans for facilities regulated under the Animal Welfare Act;
$1,000,000 for the Safe Trade and International Technical
Assistance program to support the implementation of the Lacey
Act; $1,000,000 for Overseas Technical and Trade Operations;
$4,200,000 for Animal Care; $1,000,000 for the Horse Protection
Program; and $9,552,000 for Community Project Funding/
Congressionally Directed Spending.
The agreement notes that assessing Agriculture Quarantine
Inspections' treatment monitoring fees on a per-enclosure basis
imposes disproportionate impacts on industry and user groups at
certain key ports of entry, including ports along the
Southeastern United States. USDA is encouraged to continue
evaluating alternative and equitable funding mechanisms in
consultation with relevant stakeholder groups.
The agreement encourages the Department to continue
coordination with State animal health officials in order to
proactively mitigate the spread of highly pathogenic avian
influenza and to increase outreach and engagement with poultry
producers to educate on proactive measures individuals can take
to further mitigate the spread of the virus. The agreement
encourages the Department to utilize existing supplemental
funding to continue these efforts.
The agreement directs the Department to submit a report to
the Committees on its efforts to manage Carrizo cane and cattle
fever tick within 60 days of enactment of this Act.
The agreement recognizes the significant economic impact of
the Huanglongbing disease on the citrus industry, which is
especially acute in Florida and is a growing concern in both
Texas and California. The agreement encourages the
Huanglongbing Multi-Agency Coordination [HLB-MAC] group to
explore and identify new methods to expedite the delivery of
promising treatments directly to growers. Finally, the
agreement expects that any funds which are redirected from
existing HLB-MAC projects be repurposed to other priority HLB-
MAC projects that are showing promising results to ensure these
critical funds remain committed to facilitating the design and
implementation of the rapid delivery pathway to growers.
The agreement directs APHIS to consider options for
expanding environmental documentation for spotted lanternfly
treatments in areas outside the states currently included in
APHIS' environmental analysis as well as the cost of such
treatments and to provide a report on these topics 90 days
after the enactment of this Act.
APHIS is directed to provide an annual report within 120
days of the end of the fiscal year, detailing how the funds for
non-lethal strategies were dispersed; including regional
distribution, wild and domestic species impacted, number and
size of livestock/agricultural operations impacted, and
nonlethal tools and methods implemented and supported.
The agreement provides no less than the fiscal year 2022
level to support ongoing cooperative agreements with States
impacted by Eastern Equine Encephalitis.
The continued presence of feral cattle in the Gila National
Forest Wilderness Area in New Mexico is negatively impacting
both the ecosystem and recreational use of the area. The
agreement directs APHIS Wildlife Services and the United States
Forest Service to address this issue as expeditiously as
feasible. The agencies shall provide reports to the Committees
on their progress in the first and third quarters of the year.
The agreement provides $3,000,000 for APHIS to ensure
necessary steps are taken to develop a qualified workforce
comprised of subject matter experts in foreign, emerging, and
zoonotic diseases and capable of developing, validating, and
conducting needed diagnostics, performing epidemiologic
studies, and completing bioinformatics analyses. The agreement
encourages APHIS to establish cooperative agreements with
academic research institutions, particularly non-land grant
Hispanic-Serving Institutions, to support the next generation
of the National Bio- and Agro-Defense Facility workforce.
The agreement directs USDA to submit a report to the
Committees within 1 year of enactment of this Act regarding the
National Detector Dog Training Center's role in protecting the
domestic agriculture sector from pests and diseases. The report
shall include a description of domestic pest and disease
programs that use canine detector teams, coordination between
APHIS and U.S. Customs and Border Protection on use of canine
teams for agricultural quarantine inspections, and the Center's
current capacity level.
The agreement directs USDA to coordinate amongst all
relevant agencies under its authority to update, and where
applicable, develop consistent, easily replicated formulas on
an annual basis to estimate market values of livestock and
poultry categories for indemnity purposes. In developing and
updating these annual values, USDA should ensure that they
reflect applicable modern production practices, and relevant
livestock and poultry markets so that payments by USDA
represent average fair market values for the category of animal
that the compensation payment is intended to cover.
The agreement directs APHIS to work with ARS and
stakeholders and provides no less than the fiscal year 2022
level to develop an integrated management program for control
of the Roseau cane scale insect pest infestation.
The agreement includes no less than the fiscal year 2022
funding level to improve understanding of EU1 and NA1 strains
of the sudden oak death pathogen and treatment methods to
inform control and management techniques in wildlands.
The agreement provides $121,957,000 for wildlife damage
control to maintain priority initiatives, including preventing
the transport of invasive snakes and other harmful species. The
agreement provides no less than the fiscal year 2022 funding
level for the agency to reduce blackbird depredation in the
Northern Great Plains.
The agreement provides no less than the fiscal year 2022
level for damage management efforts and the development of
methods to assist producers in combatting the persistent threat
and economic hardship caused by cormorants, pelicans, and other
birds. The agreement provides $28,000,000 for the National
Rabies Management Program to fortify existing barriers and
advance prevention and eradication efforts.
The agreement provides $2,000,000 within Wildlife Damage
Management to maintain a National Training Academy focused on
those areas of greatest concern such as pyrotechnics, firearms,
hazardous materials, immobilization and euthanasia drugs,
pesticides, animal care and handling, land vehicles,
watercraft, and zoonotic diseases.
The agreement notes that the need for the equine industry
and APHIS to cooperate in order to eliminate the soring of
horses has been consistently recognized. In 2021, the National
Academy of Sciences recognized the importance of objective
science-based inspection to ensure accuracy and fairness. The
Committee directs APHIS to continue to utilize existing
resources to implement proven objective science-based
inspection tools for its horse soring inspection protocol.
The following table reflects the agreement:
[in thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $39,183
Aquatic Animal Health...................................... 5,000
Avian Health............................................... 64,930
Cattle Health.............................................. 111,771
Equine, Cervid, and Small Ruminant Health.................. 35,319
National Veterinary Stockpile.............................. 6,500
Swine Health............................................... 26,044
Veterinary Biologics....................................... 21,479
Veterinary Diagnostics..................................... 63,777
Zoonotic Disease Management................................ 21,567
------------
Subtotal, Animal Health 395,570
Agricultural Quarantine Inspection (Appropriated).......... 35,541
Cotton Pests............................................... 15,450
Field Crop & Rangeland Ecosystems Pests.................... 14,986
Pest Detection............................................. 29,075
Plant Protection Methods Development....................... 22,557
Specialty Crop Pests....................................... 216,117
Tree & Wood Pests.......................................... 62,562
------------
Subtotal, Plant Health 396,288
Wildlife Damage Management................................. 121,957
Wildlife Services Methods Development...................... 26,244
------------
Subtotal, Wildlife Services 148,201
Animal & Plant Health Regulatory Enforcement............... 18,722
Biotechnology Regulatory Services.......................... 19,691
------------
Subtotal, Regulatory Services 38,413
Contingency Fund........................................... 514
Emergency Preparedness & Response.......................... 44,067
------------
Subtotal, Emergency Management 44,581
Agriculture Import/Export.................................. 19,292
Overseas Technical & Trade Operations...................... 25,572
------------
Subtotal, Safe Trade 44,864
Animal Welfare............................................. 37,506
Horse Protection........................................... 4,096
------------
Subtotal, Animal Welfare 41,602
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,182
Rent and DHS Payments...................................... 42,567
Congressionally Directed Spending.......................... 9,552
------------
Subtotal, Agency Management 61,552
============
Total, Direct Appropriation............................ $1,171,071
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $237,695,000 for Agricultural
Marketing Service (AMS), Marketing Services.
The agreement includes the following increases: $2,000,000
for the National Organic Standards program; $500,000 for the
Acer Access and Development program; and $5,000,000 for
oversight and enforcement of the Packers and Stockyards Act.
The agreement includes $25,000,000 for the Dairy Business
Innovation Initiatives program and $8,000,000 for the Micro-
Grants for Food Security program. The agreement also includes
$1,000,000 for the Cattle Contracts Library in this account.
The agreement expects AMS to prioritize proposals for the
Acer Access and Development Program that support the promotion
of research and education, natural resource responsibility, and
market development and promotion, and that are from regions
with sufficient distribution of Acer saccharum to support a
commercially viable maple syrup industry.
The agreement directs the Department, in collaboration with
Customs and Border Protection, FDA, and domestic commercial
honey producer stakeholders, to provide a report on the
resources and authorities needed to ensure a fairer market for
domestic honey producers and a more transparent market for
American consumers.
The agreement directs the Secretary, working with the
Attorney General as appropriate, to act expeditiously to
analyze issues surrounding transparent meat pricing mechanisms
and reliable price discovery for cattle producers and the rest
of the supply chain nationwide, and to consider extending the
ongoing investigation to include economic disruptions
associated with public health emergencies.
The agreement urges AMS to administer the Micro-Grants for
Food Security program in a manner that will ensure that low-
income, disadvantaged, and minority individuals are able to
submit applications and receive funding for projects that would
increase the amount and quality of locally produced foods. When
practicable, the agreement directs AMS to waive or amend how it
applies the regulatory requirements of 2 CFR 200.206, 200.313,
200.328, and 200.329 to ensure that this program addresses food
insecurity challenges.
The agreement recognizes AMS' work to reimburse dairy
producers for unintended losses in 2020 resulting from a milk
pricing change made in the Agriculture Improvement Act of 2018
and pandemic-related market disruption and is concerned that
the per-producer limitation of five million pounds resulted in
larger producers being reimbursed for only minimal portions of
their losses. The Department is encouraged to evaluate possible
measures to ensure more wholesome reimbursement under future
programs.
The agreement encourages USDA to support the Native
American Tourism and Improving Visitor Experience Act (Public
Law 114-221) by prioritizing projects that market, promote, or
expand Native American foods, markets, and enterprises.
The agreement directs AMS to continue strong enforcement of
organic dairy production standards and to resolve significant
variations in standard interpretation that exist among organic
certifiers and organic dairy producers. AMS shall continue to
conduct critical risk-based oversight, particularly for large,
complex dairy operations.
The agreement recognizes the need for organic dairy
producers to have detailed data about market conditions in
order to make decisions about the value of their products.
Within 60 days of enactment of this Act, AMS is directed to
brief the Committees on the feasibility of collection and
publication of organic fluid milk data from all Federal Milk
Marketing Orders.
The agreement directs the Secretary to require mandatory
reporting on an annual basis by accredited certifying agents on
aggregate production areas certified by crop and location in
order to accurately calculate organic acreage and yield
estimates on a country-by-country basis. The agreement
maintains funding for AMS to coordinate with NASS for
activities related to expanding organic price reporting and
organic data collection.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement provides a limitation on administrative
expenses of $62,596,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $21,501,000 for Funds for
Strengthening Markets, Income, and Supply.
The agreement notes the importance of the Secretary's
authority, described in clause 3 of 7 U.S.C. 612c, to direct
funds from the Section 32 account, but believes that
communication between USDA and Congress should be improved when
this practice is used. The agreement directs the Secretary to
provide notification to the Committees in advance of any public
announcement or release of Section 32 funds under the
authorities described above.
The following table reflects the status of this fund:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $27,123,378
Less Transfers:
Food and Nutrition Service......................... -25,199,767
Commerce Department................................ -362,611
------------------
Total, Transfers............................. -25,562,378
Budget Authority, Farm Bill.......................... 1,561,000
Appropriations Temporarily Reduced--Sequestration.... -77,691
------------------
Budget Authority, Appropriations Act 1,483,309
Less Obligations:
Child Nutrition Programs (Entitlement Commodities). 485,000
State Option Contract.............................. 5,000
Removal of Defective Commodities................... 2,500
Disaster Relief.................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases.. 206,000
Fresh Fruit and Vegetable Program.................. 198,000
Estimated Future Needs............................. 523,130
------------------
Total, Commodity Procurement................. 1,424,630
Administrative Funds:
Commodity Purchase Support......................... 37,178
Marketing Agreements and Orders.................... 21,501
------------------
Total, Administrative Funds.................. 58,679
------------------
Total Obligations............................ $1,483,309
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,235,000 for Payments to States
and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $1,117,000 for the Office of the
Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,158,266,000 for the Food Safety
and Inspection Service (FSIS) and an additional $29,700,000 in
Division N of this consolidated Act for costs associated with
the Goodfellow move.
This amount includes an additional $10,000,000 to continue
the reduced user fees for small and very small establishments.
The Act also includes $2,800,000 to address the persistently
high levels of public health veterinarian vacancies and up to
$1,000,000 for the inspection of wild caught invasive species
in the order Siluriformes and family Ictaluridae, including
blue catfish in the Chesapeake Bay.
The agreement appreciates the updated memorandum of
understanding on worker safety with FSIS and the U.S.
Department of Labor's Occupational Safety and Health
Administration that will go towards protecting workers and
improved training over the next five years.
The Committees still await the report on the Cooperative
Interstate Shipment
(CIS) program as outlined in Section 764(e)(2) of Division
N of Public Law 116-260.
The agreement recognizes the crucial need for the Federal
Government to improve its interagency coordination efforts on
food safety, particularly as it pertains to pathogens and
outbreaks. The Committee directs USDA and FDA to continue to
work together and with other Federal, State, and industry
partners to develop strategies to prevent and respond to
foodborne outbreaks.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $1,036,888
State................................................ 67,131
International........................................ 18,975
Public Health Data Communications Infrastructure 35,272
System..............................................
Total, Food Safety and Inspection Service........ $1,158,266
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $1,727,000 for the Office of the
Under Secretary for Farm Production and Conservation.
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(including transfers of funds)
The agreement provides $248,684,000 for the Farm Production
and Conservation (FPAC) Business Center. In addition,
$60,228,000 is transferred from the Commodity Credit
Corporation.
The agreement reminds the Secretary of the report directed
in S. Rept. 116-110 regarding the FPAC Business Center's
efficiencies gained, metrics, hiring plan, and potential
reorganization, which is now long overdue.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,215,307,000 for Farm Service
Agency (FSA), Salaries and Expenses.
The agreement urges USDA to maintain its position that
drought on acequia-irrigated land is an eligible cause of loss
for the Noninsured Crop Disaster Assistance Program.
The agreement again directs USDA to brief the Committees on
the implementation status of the Acreage Crop Reporting
Streamlining Initiative.
The agreement recognizes that drought is the largest cause
of U.S. farm production losses and reminds the Secretary of the
report directed in the joint explanatory statement accompanying
Public Law 116-260 detailing a full analysis of the new CREP
dryland agricultural uses authority and which dryland farming
best practices could make advancements to protect ground water
and surface water quality and control soil erosion while
enhancing wildlife habitat.
The agreement directs the Secretary to restore normal
mortality rates under the Emergency Livestock Assistance
Program for honeybees to fifteen percent and to restore fair
market values for colonies and hives to at least the levels
utilized in the 2019 program year. The agreement encourages the
Secretary to expand eligibility under the program to include
climate change and drought-related losses, or to include
managed honeybees under other appropriate disaster assistance
programs.
The agreement encourages FSA to work with ranchers to
tailor the Livestock Indemnity Program to address unique
circumstances currently preventing producers from receiving
compensation for losses stemming from panther and bald eagle
depredation events.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,215,307
Transfer from ACIF....................................... 305,803
------------
Total, FSA Salaries and expenses....................... $1,521,110
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $7,000,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $7,500,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides such sums as may be necessary for
the Dairy Indemnity Program.
The agreement notes that no payments have been made to
Maine farmers who depopulated their herds as a result of per-
and polyfluoroalkyl substances (PFAS) contamination and
encourages USDA to provide indemnification to those farmers.
The agreement also recognizes that USDA updated the Dairy
Indemnity Payment Program (DIPP) to provide additional options
to dairy producers impacted by PFAS contamination, but directs
USDA to evaluate additional resources available to producers
facing PFAS contamination, and to inform the Committees of
additional resources needed to provide relief.
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
The agreement provides $4,000,000 for the Reimbursement
Transportation Cost Payment Program for Geographically
Disadvantaged Farmers and Ranchers.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $10,652,312,000 for the ACIF program
account.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................... $3,100,000
Guaranteed............................................... 3,500,000
Subtotal, Farm Ownership Loans........................... 6,600,000
Farm Operating Loans:
Direct................................................... 1,633,333
Unsubsidized Guaranteed.................................. 2,118,491
Subtotal, Farm Operating Loans........................... 3,751,824
Emergency Loans............................................ 4,062
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans--Guaranteed............................. 150,000
Relending Program.......................................... 61,426
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
------------
Total, Loan Authorizations............................. 10,652,312
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 23,520
Unsubsidized Guaranteed.................................. 11,228
------------
Subtotal, Farm Operating Subsidies....................... 34,748
Emergency Loans............................................ 249
Relending Program.......................................... 10,983
Indian Highly Fractionated Land............................ 894
------------
Total, Loan Subsidies...................................... 46,874
ACIF Expenses:.............................................
Salaries and Expenses.................................... 305,803
Administrative Expenses.................................. 20,658
------------
Total, ACIF Expenses................................... $326,461
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $66,870,000 for Risk Management
Agency, Salaries and Expenses.
The agreement encourages RMA to provide for an inflation
adjustment to all administrative and operating expense
reimbursements in order to provide equitable relief with
respect to specialty crop policies. The agreement recognizes
RMA's authority to provide for an inflation adjustment to all
administrative and operating expense reimbursements without a
renegotiation of the SRA in a manner similar to the inflation
adjustment from 2011 through 2015. Further, the agreement
encourages RMA to provide for an inflation adjustment to all
A&O in order to provide equitable relief with respect to
specialty crop policies.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $941,124,000 for Natural Resources
Conservation Service (NRCS), Conservation Operations.
The agreement provides $16,751,000 for the Snow Survey and
Water Forecasting Program; $10,751,000 for the Plant Materials
Centers, of which $1,000,000 is for climate smart agriculture;
$86,757,000 for the Soil Surveys Program; and $800,892,000 for
Conservation Technical Assistance, of which $14,000,000 is for
the Grazing Lands Conservation Initiative, $13,000,000 is for
additional staff, and $1,000,000 is for Phragmite control. The
agreement also includes $3,000,000 for a cost-share program for
the construction and repair of perimeter fencing.
The agreement maintains funding for the Grazing Lands
Conservation Initiative, of which at least $12,000,000 shall be
provided through State allocations as competitive grants to
diverse partnerships. The agreement also directs NRCS to
provide at least $2,000,000 through a cooperative agreement
with a national grazing lands conservation coalition to
establish diverse State-based coalitions and undertake grazing
education.
The agreement provides an increase of $7,000,000 to expand
NRCS Snow Telemetry Network, of which $1,000,000 is for a
study, following consultation with the Committees, of potential
expansion of the SNOTEL automated mountain weather monitoring
network to the northeastern United States. The agreement also
encourages consideration of expansion into the Alpine zone of
glaciated mountain ranges, and consideration of working with
interested university, tribal, and non-profit partners on the
installation and maintenance of such SNOTEL sites.
The agreement encourages the Secretary to use mitigation
with the conversion of a natural wetland and equivalent
wetlands functions at a ratio which does not exceed 1-to-1
acreage.
The agreement expects NRCS to utilize all available
opportunities and to work with eligible entities, including
producers, States, irrigation districts, and acequias to assist
in implementing area-wide plans to address drought resiliency
and mitigation.
The Environmental Quality Incentive Program (EQIP) helps
farmers conserve energy and develop conservation plans through
locally based technical service providers. The agreement urges
the Secretary to seek out and implement opportunities to
encourage and support farmers' energy efficiency projects. The
agreement further encourages the Department to develop EQIP
guidance that ensures input from local communities, including
listening sessions with land grants and acequias.
The agreement expects NRCS to continue to take into account
sample design, data collection software, and data processing
capability in order to collect and produce scientifically
credible information on the status, condition, and trends of
Alaska's lands, soils, waters, and related resources.
The agreement directs NRCS to implement a multi-year
cooperative agreement with appropriate funding support to an
organization that supports efforts to conserve the lesser-
prairie chicken and implements carbon sequestration
conservation programs nationwide, and that can make
conservation solutions and best practices accessible daily to
private land owners.
The agreement directs NRCS to provide a report within 90
days of enactment of this Act on actions it will take to
eliminate program duplication as identified in IG Audit Report
10601-0004-KC and IG Audit Report 10601-0001-32.
The agreement continues to direct NRCS to maintain a record
of total technical assistance dollars, differentiated between
mandatory and discretionary allocations, and to provide the
data to the Committees on Appropriations.
The agreement encourages NRCS to reevaluate the match
requirements for the Technical Service Provider program
supporting State and Tribal health programs.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $75,000,000 for Watershed and Flood
Prevention Operations (WFPO).
The agreement funds congressionally directed spending for
certain activities and locations under Watershed and Flood
Prevention Operations. While the agreement provides the
funding, recipients of CDS are still required to apply for the
funding. The agreement expects the agency to review the
applications and fund projects in the same manner as previous
years.
The agreement is aware of increased interest in using WFPO
funds for projects that modernize irrigation systems while also
providing benefits for drought response and wildlife habitats,
and directs NRCS, in collaboration with outside stakeholders
and project sponsors, to review and streamline program guidance
to facilitate these projects. The agreement further directs
NRCS to provide a report within 60 days of enactment of this
Act detailing the steps taken to streamline the program to
reflect expanded use of funds for irrigation modernization
projects that also improve drought response and wildlife
habitat.
WATERSHED REHABILITATION PROGRAM
The agreement provides $2,000,000 for the Watershed
Rehabilitation Program.
HEALTHY FORESTS RESERVE PROGRAM
The agreement provides $7,000,000 for the Healthy Forests
Reserve Program.
URBAN AGRICULTURE AND INNOVATIVE PRODUCTION PROGRAM
The agreement provides $8,500,000 for the Urban Agriculture
and Innovative Production Program.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides such sums as may be necessary for
the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $15,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $1,620,000 for the Office of the
Under Secretary for Rural Development.
Rural Development
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $801,079,000 for Salaries and
Expenses of Rural Development, including a direct appropriation
of $351,087,000.
The agreement remains concerned about IT systems within
Rural Development and provides an increase of $25,000,000 to
continue making improvements and retiring legacy systems. This
increase shall be used to update or retire the following
systems: UniFi/SURPASS, Hyperion Reports, and PLAS.
Furthermore, the agreement directs the Department to provide a
report listing the programs that still require paper
applications and the estimated cost to develop online portals,
as well as monthly updates on making improvements to the
systems listed above and any other IT development.
The agreement provides $5,000,000 for the Rural Partners
Network and still awaits the updated report that includes key
performance measures to evaluate the success of this new
initiative. Additionally, the fiscal year 2022 joint
explanatory statement requested monthly updates on the rollout
of the program, and the Committees have yet to receive an
update. The agreement directs the Department to begin sending
those updates immediately.
Additionally, the agreement provides an increase of
$25,802,000 for pay costs. The agreement directs the Department
to continue to fill vacancies, prioritizing ongoing mission
critical activities, and to brief the Committees prior to
advancing or expanding the Rural Partners Network and
onboarding Community Liaisons. The agreement also directs the
Department to provide a report that breaks out staffing by
program, including current levels and end of year goals within
30 days of enactment of this Act and monthly reports to the
Committees with hiring updates thereafter.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total budget authority of
$527,357,000 for activities under the Rural Housing Insurance
Fund Program Account.
The Committees applaud the initial success of the Single-
Family Housing Direct relending loan program and provide
$7,500,000 in loan level to expand the pilot to other States,
particularly in the southwestern United States. The agreement
directs the Department to publish a report on its website
detailing the Native community development finance institutions
(CDFI) that receive loans from this demonstration program, a
breakdown of mortgage loans made under this program to
households residing on and off Tribal trust lands, and the
average mortgage loan amount made by Native CDFIs under this
program.
The agreement is concerned that there are unnecessary
impediments facing individuals who utilize Single Family
Housing Direct Loans and the Single Family Housing Guaranteed
Loan Program to purchase homes or property in rural areas. The
agreement reminds the Department that efficient review and
approval of these applications is essential to the success of
these programs, especially in the current housing market, and
directs the Department to submit a report, within 60 days of
enactment, on the current appraisal requirements for these
homes and whether these requirements are adopted from
requirements used by the Department of Housing and Urban
Development or the Department of Veterans Affairs.
The agreement reminds the Department that the fiscal year
2017 Appropriations Act required the Department to conduct
research and identify policy program reforms, and incentives
for preserving rural rental housing and to produce a report
summarizing those findings to be submitted to the Committees 2
years later. The report is now 3 years overdue, and the
agreement directs the Department to submit the completed report
within 30 days of enactment of this Act.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................... $1,250,000
Single Family Relending Demonstration.................... 7,500
Unsubsidized guaranteed.................................. 30,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 70,000
Multi-family guaranteed (sec. 538)......................... 400,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 20,000
Total, Loan authorizations............................. $31,795,500
============
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................... $46,375
Single Family Relending Demonstration.................... 2,468
Housing repair (sec. 504).................................. 2,324
Rental housing (sec. 515).................................. 13,377
Multifamily Housing Revitalization......................... 36,000
Farm labor housing (sec. 514).............................. 4,084
Site development loans (sec. 524).......................... 208
Self-help land development (sec. 523)...................... 267
Total, loan subsidies.................................. 105,103
------------
Farm labor housing grants.................................. 10,000
Total, loan subsidies and grants....................... 115,103
------------
Administrative expenses (transfer to RD)................... 412,254
Total, Loan subsidies, grants, and administrative $527,357
expenses..............................................
============
------------------------------------------------------------------------
RENTAL ASSISTANCE PROGRAM
The agreement provides $1,487,926,000 for the Rental
Assistance Program.
The Committees are interested in the fiscal year 2023
President's budget request to decouple rental assistance from
Section 515 loans but believe additional information is needed.
Therefore, the agreement directs the Department to hold at
least three listening sessions and stakeholder meetings within
six months of enactment of this Act. Furthermore, the
Department shall brief the Committees, within 60 days after the
final listening session, on how decoupling rental assistance
would be implemented.
The Secretary is encouraged to prioritize multi-family
housing properties acquired by means of a section 515 loan
within the current fiscal year when determining current rental
assistance needs.
The agreement is concerned the shift of urban population to
more rural settings has disproportionally impacted affordable
housing for rural residents. Therefore, where practicable, the
agreement urges the Secretary to prioritize Rental Assistance
to these regions.
RURAL HOUSING VOUCHER ACCOUNT
The agreement provides $48,000,000 for the Rural Housing
Voucher Account.
MUTUAL AND SELF-HELP HOUSING GRANTS
The agreement provides $32,000,000 for Mutual and Self-Help
Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The agreement provides $48,000,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $32,000
Housing preservation grants................................ 16,000
============
Total, grant program................................... $48,000
------------------------------------------------------------------------
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $341,490,328 for the Rural Community
Facilities Program Account and an additional $25,300,000 in
Division N of this consolidated Act.
The agreement is concerned by the ineligibility of projects
under the Community Facilities Grant program located in
significantly rural and low-income areas that are defined as
distressed but do not qualify for grant funding under this
program. The Department is required to evaluate the program's
income and service area-based eligibility standards and
identify ways to approve community access to these grants,
including whether basing eligibility on national rather than
state median household income could benefit areas located in
predominantly poor, rural States.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans.......................................... $2,800,000
CF guaranteed loans...................................... 650,000
Loan subsidies and grants:
CF grants................................................ - - -
Community Funded Projects/Congressionally Directed 325,490
Spending................................................
Rural Community Development Initiative................... 6,000
Tribal college grants.................................... 10,000
Total, subsidy and grants.............................. $341,490
============
------------------------------------------------------------------------
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $86,520,000 for the Rural Business
Program Account.
The agreement provides a $550,000,000 increase in loan
authority for Business and Industry Guaranteed loan program.
The agreement provides $500,000 for transportation technical
assistance and directs that of the $4,000,000 provided for
grants to benefit federally Recognized Native American Tribes,
$250,000 shall be used to implement an American Indian and
Alaska Native passenger transportation development and
assistance initiative.
The agreement is aware of GAO's recent report, GAO-21-579,
which issued recommendations to USDA, Department of Housing and
Urban Development [HUD], and the Economic Development Agency
[EDA] to better leverage complementary Federal community and
economic development funds. The agreement encourages USDA to
improve collaboration with HUD and EDA to help communities
maximize and more effectively utilize Federal economic
development resources.
The agreement recognizes that strong partnerships exist
between RD and Federal Regional Commissions and Authorities.
The agreement encourages RD to coordinate with Regional
Commissions to promote efficiency during the grant planning and
review process. Additionally, the agreement encourages RD to
ensure flexible processes are available for each Regional
Commission as appropriate.
The agreement provides $2,000,000 for the RISE grant
program enacted as part of the Agriculture Improvement Act of
2018 (Public Law 115-334). These grants have the potential to
help struggling communities by funding jobs accelerators in
low-income rural areas. The agreement recommends funding be
prioritized for entities leveraging next generation gigabit
broadband service to promote entrepreneurship and entities
based in geographical areas with established agriculture and
technology sectors which are focused on the development of
precision and autonomous agriculture technologies as a way to
strengthen rural economies and create jobs.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................... $1,800,000
Loan subsidy and grants:
Business and industry guaranteed loans................... 38,520
Rural business development grants........................ 37,000
Delta Regional Authority/ARC/NBRC........................ 9,000
Rural Innovation Stronger Economy (RISE) grants.......... 2,000
Total, Rural Business Program subsidy and grants....... $86,520
============
------------------------------------------------------------------------
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $7,781,000 for the Intermediary
Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level..................................... $18,889
Subsidies and administrative expenses:
Direct loan subsidy level................................ 3,313
Administrative Expenses.................................. 4,468
Subtotal, subsidies and administrative expenses.......... $7,781
============
------------------------------------------------------------------------
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The agreement provides $75,000,000 for the Rural Economic
Development Loans Program Account.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The agreement provides $28,300,000 for Rural Cooperative
Development Grants. Of the amounts made available, $13,000,000
is for the Value-Added Producer Grant Program and $3,500,000 is
for the Appropriate Technology Transfer for Rural Areas
Program.
The agreement provides $3,000,000 for Agriculture
Innovation Center funding, as authorized in section 6402 of
Public Law 107-171, to be available as grants to States
authorized to host, and that have previously hosted, a USDA
Agriculture Innovation Center and where the State continues to
demonstrate support and provide non-Federal grant funding to
producers developing, producing, and marketing value-added
agricultural and food products. Prior year or current grant
awardees shall be eligible for these funds.
The Committees are still awaiting the report on
implementation of Section 6306 of the Agriculture Improvement
Act of 2018 (Public Law 115-334), including a projected
timeline for full implementation of this provision.
The agreement urges that Value-Added Producer Grants be
prioritized to support the production of value-added
agricultural products, including dairy, with significant
potential to expand production and processing in the United
States.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
The agreement provides $6,000,000 for the Rural
Microentrepreneur Assistance Program.
RURAL ENERGY FOR AMERICA PROGRAM
The agreement provides $18,000 for the Rural Energy for
America Program (REAP) in addition to resources provided in the
Agriculture Improvement Act of 2018 and Inflation Reduction Act
of 2022.
The agreement also acknowledges the potential of REAP to
help rural agricultural producers and small businesses
diversify on-farm income and promote energy efficiency through
renewable energy production. However, the agreement recognizes
financial barriers to program utilization by small agricultural
producers and small businesses due to matching fund
requirements and reimbursement-based grant funding. As such,
the agreement encourages the Department to make REAP grants
more accessible to socially disadvantaged groups and low income
applicants to ensure the program's feasibility and
accessibility for applicants of all demographics.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level............................... $20,000
Subsidies and administrative expenses:
Loan subsidy level................................. 18
==================
Total, subsidy and grants........................ $18
------------------------------------------------------------------------
HEALTHY FOOD FINANCING INITIATIVE
The agreement provides $3,000,000 for the Healthy Food
Financing Initiative.
Rural Utilities Service
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $596,404,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account and an
additional $60,000,000 in Division N of this consolidated Act.
The agreement recognizes that small and rural communities
located within Central Appalachia can lack access to reliable
water and sanitation because they do not have the capacity or
population bases to support centralized water systems. Within
the funds provided for the Rural Water and Wastewater Disposal
program, the agreement encourages the Department to fund pilot
projects intended to provide decentralized small-scale water
and wastewater services to communities in distressed counties
within Central Appalachia.
The agreement provides $70,000,000 for water and waste
disposal systems grants for Native Americans, including Native
Alaskans, and the Colonias. The agreement recognizes the
special needs and problems for delivery of basic services to
these populations and encourages the Secretary to distribute
these funds in line with the fiscal year 2014 distribution to
the degree practicable.
The agreement directs that no less than $1,000,000 within
the technical assistance funding be used to support
manufactured homes.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans....................... $1,420,000
Water and waste guaranteed loans................... 50,000
Subsidies and grants:
Water and waste direct loan subsidy................ 2,724
Guaranteed loan subsidy............................ 0
Water and waste revolving fund..................... 1,000
Water well system grants........................... 5,000
Grants for Colonias, Native Americans, and Alaska 70,000
Native Villages...................................
Water and waste technical assistance grants........ 37,500
Circuit Rider program.............................. 21,180
Solid waste management grants...................... 4,000
High energy cost grants............................ 10,000
Water and waste disposal grants.................... 430,000
306A(i)(2) grants.................................. 15,000
==================
Total, subsidies and grants...................... $596,404
------------------------------------------------------------------------
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $48,496,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The following table indicates loan levels provided by the
agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB........................................ $2,167,000
Direct, Treasury................................... 4,333,000
Guaranteed underwriting............................ 900,000
Rural Energy Savings Program....................... 110,898
------------------
Subtotal, electric................................. 7,510,898
Telecommunications:
Direct, treasury rate.............................. 690,000
Loan subsidy:
Direct, treasury rate.............................. 3,726
Rural Energy Savings Program....................... 11,500
Administrative expenses.............................. 33,270
==================
Total, budget authority.......................... 48,496
------------------------------------------------------------------------
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
The agreement provides $466,503,317 for the Distance
Learning, Telemedicine, and Broadband Program. The agreement
provides $3,000,000 to address critical healthcare needs, as
authorized by section 379G of the Consolidated Farm and Rural
Development Act. The agreement also provides $3,000,000 for the
broadband deployment programs authorized in the Agriculture
Improvement Act of 2018.
The agreement provides $348,000,000 for the Re-Connect
pilot, which was established in the Consolidated Appropriations
Act, 2018 (Public Law 115-141). The program shall establish a
scoring criterion that prioritizes serving the hardest to
reach, unserved and underserved rural communities.
Additionally, the agreement continues to direct the Secretary
to allow entities of any structure, including partnerships and
infrastructure applications, to apply, provided sufficient
assurances are given that broadband service will be provided to
the subject area through contractual arrangements.
The agreement encourages the Department to continue to
update the program and review process to make ReConnect more
efficient, including collaborating with the Rural Electric
Division to ensure that all utilities and broadband
technologies are treated equally in the application process. In
addition, the burdens of applying for funding and participating
in the program should be as minimal as possible, including
allowing all providers to offer proof of financial capability
through bond ratings instead of submitting financial
documentation, and to offer collateral for loans as well as
security for performance under grants using alternate forms of
security instead of providing a first lien on assets.
To maximize the reach of funding, projects should not be
funded if another broadband provider has begun a network build
or is subject to an enforceable commitment, either through a
Federal, State, or local funding program or other binding
obligation to a government entity, to serve the proposed
service area. In addition, the agreement reminds USDA to avoid
efforts that could duplicate existing networks built by private
investment or those built leveraging and utilizing other
Federal programs and to coordinate with the National
Telecommunications Information Administration and the Federal
Communications Commission to ensure wherever possible that any
funding provided to support deployment of last-mile broadband
infrastructure is targeted to areas that are currently
unserved.
In any areas, study areas, or census blocks outside an area
where a Tribal government has jurisdiction, and where a
provider is already subject to a buildout obligation of 25/3
Mbps or greater for fixed terrestrial broadband pursuant to a
commitment to another government entity, RUS Telecommunications
Program should take that funding into account to prevent the
duplication of services financed by Federal support. Entities
subject to such existing commitment applying for ReConnect
funds to bring service offerings to the ReConnect build-to
speed should be given a scoring preference by RUS. This shall
include areas pending FCC final approval of an award of High-
Cost USF funds for 2 years after the applicable long form
application deadline.
Further, the agreement encourages the agency to prioritize
projects financed through public-private partnerships and
projects where Federal funding will not exceed 50 percent of
the project's total cost. The agreement also supports efforts
to increase transparency and encourages the Secretary to follow
the notice and comment rulemaking procedures of the
Administrative Procedure Act (Public Law 79-404) with respect
to all program administration and activities, including
publishing a written decision on RUS' website of how challenges
were decided and the agency's reasons for such decision. In
addition, the agreement intended the pilot to be technology
neutral and encourages the Secretary to eliminate or revise the
awarding of extra points under the ReConnect program based on
commercial status, or to applicants from States without
restrictions on broadband delivery by utilities service
providers.
The agreement also encourages the Department to allow
service areas that received CAF II funds to allow other
entities to apply for ReConnect funding for the same service
area if the CAF II funds supported satellite deployment and the
entity that received CAF II funds cannot provide terrestrial
broadband. In addition, the agreement is concerned that States
and territories outside the contiguous United States are having
difficulty participating with the USDA broadband programs, and
encourages the Secretary to consider grants or loans for
satellite, or other technologies, if such middle mile
infrastructure predominantly serves a ``rural area'' as defined
in section 601(b) and do not lead to overbuilding. The
agreement also remains concerned that States and territories
outside the contiguous United States are having difficulty
utilizing this program and directs the agency to report back to
the Committees with recommendations to address these concerns.
The agreement is concerned that the current weighting scale
for the ReConnect program disadvantages rural households and
communities that are not necessarily located on farms. In
addition, the agreement is concerned that providing preference
to 100 Mbps symmetrical service also unfairly disadvantages
these communities by limiting the deployment of other
technologies capable of providing service to these areas.
Further, the agreement is concerned that the current program
does not effectively recognize the unique challenges and
opportunities that different technologies, including satellite,
provide to delivering broadband in noncontiguous States or
mountainous terrain. While the agreement continues to provide
the Secretary with the flexibility to consider applications
that provide lower speeds to areas with severe geographic
limitations, the minimum buildout speed for the ReConnect
program remains 100/20 Mbps.
The Department is required to submit a report within 90
days on the feasibility and cost of utilizing satellite
internet service under its existing programs. The report must
cover a cost comparison of fiber versus satellite costs with a
focus on reaching rural areas. Additionally, USDA should report
on any statutory barriers that prevent program dollars to go
toward satellite internet access.
The following table indicates loan levels provided by the
agreement:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy and grants:
Distance learning and telemedicine grants.......... $60,000
DLT Congressionally Directed Spending.............. 4,991
Broadband ReConnect Loans and Grants............... 348,000
ReConnect Community Project Funding................ 15,513
Broadband telecommunications program:
Direct (treasury rate loans)....................... 3,000
Community Connect Grants........................... 35,000
==================
Total, subsidies and grants...................... $466,504
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $1,376,000 for the Office of the
Under Secretary for Food, Nutrition, and Consumer Services.
The agreement directs the Secretary to determine ways to
streamline the application process for the Summer Food Service
Program and the Child and Adult Care Food Program. The
Secretary is directed to consider allowing organizations in
good standing for 3 years to file only one application to
administer both programs each year. The agreement directs the
Department to submit the report on ways to streamline the
application process for SFSP and CACFP as required by Public
Law 116-260.
The agreement urges FNS to focus efforts on providing
support to States with high levels of food insecurity,
including high density vulnerable populations in areas without
adequate transportation. The agreement also encourages FNS to
assess gaps in current feeding programs.
The agreement appreciates the intent of FNS to focus on
implementing locally-designed initiatives to increase food
security in frontier communities. The agreement strongly
encourages FNS to continue to work closely with relevant
stakeholders. The agreement directs FNS to collaborate with AMS
in implementing Micro-Grants for Food Security.
The agreement is concerned about the effects changes in
SNAP eligibility can have on vulnerable populations that are
not always looked at on a State-by-State level. The agreement
encourages the Secretary to include vulnerable populations in
State-by-State demographic profiles.
The agreement directs USDA, within 18 months of enactment
of this Act, to formalize and publish metrics for evaluating
nutrition security in consultation with other Federal agencies,
researchers, and public health organizations.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $28,545,432,000 for Child Nutrition
Programs, including $30,000,000 for school meal equipment
grants; $40,000,000 for Summer Electronic Benefits Transfer;
$14,000,000 for Farm to School grants; $3,000,000 for School
Breakfast Expansion grants; and $20,162,000 for Team Nutrition.
The agreement directs the Department to submit the report
on the Summer Food Service Program as required by Public Law
116-260 within 30 days after enactment of this Act.
The agreement encourages the Department to retain low-fat,
flavored milk in the forthcoming rulemaking on child nutrition
meal pattern components and to consider the food safety and
functional uses of sodium in cheese.
The agreement is concerned that the per-meal reimbursement
rates for school meals in outlying areas do not accurately
reflect the high costs of producing and supplying school meals.
The agreement notes the calculation for the national payment
rate for outlying areas has not been adjusted since its
original 1979 analysis. The agreement directs USDA to provide a
temporary increase in the national average payment rate for the
outlying areas at a rate at least equal to the national average
payment rate for Alaska until the School Nutrition Cost Study
II is completed. The agreement further directs USDA to provide
technical assistance and flexibility to school food authorities
in outlying areas.
The agreement encourages the Secretary to update the system
of crediting high-protein yogurt to accurately reflect the
scientifically demonstrated higher protein content in strained
yogurt.
The agreement recognizes the nutritional value of pulse
crops for children and encourages FNS to support school food
authorities in sourcing and serving pulse crops.
The agreement encourages FNS to explore utilizing third-
party services to deliver meals and snacks through CACFP in a
non-congregate setting, particularly in school districts in
which the poverty rate is higher than the national average.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $15,404,530
School breakfast program................................ 5,453,240
Child and adult care food program....................... 4,659,778
Summer food service program............................. 655,333
Special milk program.................................... 7,817
State administrative expenses........................... 339,000
Commodity procurement................................... 1,788,389
Team Nutrition.......................................... 20,162
Food safety education................................... 4,196
Coordinated review...................................... 10,000
Computer support and processing......................... 28,238
CACFP training and technical assistance................. 45,996
Child Nutrition Program studies and evaluations......... 21,005
Child Nutrition payment accuracy........................ 12,315
Farm to school tactical team............................ 6,433
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 40,000
Child Nutrition Training................................ 2,000
Farm to School Grants................................... 14,000
School Breakfast Expansion.............................. 3,000
===============
Total............................................... $28,545,432
------------------------------------------------------------------------
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the agreement provides $6,000,000,000,
which fully funds expected participation in fiscal year 2023.
The agreement includes $90,000,000 for the breastfeeding peer
counselor program and $14,000,000 for infrastructure.
The work of the National Academies of Science, Engineering
and Medicine (NASEM) to review and make recommendations for
updating the WIC food packages to reflect current science and
cultural factors is recognized. The agreement notes, however,
that while all revised packages now allow some fish, the
amounts remain low compared to the recommendations of other
authoritative health agencies. The agreement strongly
encourages the Department to consider the health and cultural
benefits of fish consumption as the NASEM recommendations are
reviewed and used to inform the Department's next course of
action. The agreement also strongly encourages the Department
to continue to allow states to submit cultural food package
proposals to respond to the cultural preferences of WIC
participants in states like Alaska.
The agreement encourages USDA to collaborate with HHS on
the development of uniform, evidence-based nutrition education
materials in order to best service WIC eligible pregnant women
and caregivers to infants impacted by Neonatal Abstinence
Syndrome.
Repeated Dietary Guidelines for Americans (DGAs) have
identified dairy products as nutrient-dense, while also
identifying a high percentage of the U.S. population, including
WIC's at-risk population, as not consuming the recommended
level of dairy. As the Secretary considers an update to the WIC
Supplemental Food Package, the Committee urges the Department
to ensure that quantities of milk and other dairy foods
provided to WIC participants are aligned with the DGAs.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The agreement provides $153,863,723,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The agreement is concerned about high rates of food
insecurity among active-duty service members, particularly in
rural and remote areas. The agreement directs FNS to submit a
report on steps taken to address food insecurity in military
communities, including efforts to identify eligible
individuals, outreach efforts on military bases, and resources
available to military families.
The agreement continues to support the full implementation
of the National Accuracy Clearinghouse and encourages the
Department to use a blended workforce, including contractors
and subcontractors, that have the capability to use data
analytics and public data to determine the correct State to
issue SNAP benefits. The agreement also directs the Department
to ensure individuals are not automatically removed from
receiving benefits.
The agreement directs FNS to submit the report on FDPIR as
required by PL 116-260 within 30 days of enactment of this Act.
The agreement is concerned that FNS has prohibited tribes
and tribal organizations that participate in the FDPIR pilot
program from including traditional food. The agreement directs
FNS to allow tribes participating in the pilot program to
include traditional foods without substitutions and to allow
participating tribes to purchase traditional foods from
producers that may not be able to provide sufficient quantities
to serve all participating tribes across the Nation.
The agreement remains concerned about data discrepancies
that allowed benefits to be issued using fraudulent
credentials. The agreement encourages FNS to implement controls
to address these problems and update the Committees on its
progress in addressing the issues outlined in the January 2017
OIG report.
The Department is reminded that SNAP funding is not to be
used in contravention of Section 107(b) of Division A of the
Victims of Trafficking and Violence Protection Act of 2000.
The agreement encourages FNS to continue efforts on SNAP
income verification from third-party databases and to enter
into an agreement in fiscal year 2023 to make a third-party
income database electronic data matching solution available to
all 53 SNAP agencies, with a single negotiated price that
reduces costs by taking advantage of economies of scale, and
will facilitate greater efficiency and streamlined service
delivery at the State level.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $140,127,000
Contingency reserve.................................. 3,000,000
Administrative costs:................................
State administrative costs......................... 5,707,550
Nutrition Education and Obesity Prevention Grant 506,000
Program...........................................
Employment and Training............................ 649,835
Mandatory other program costs...................... 390,752
Discretionary other program costs.................. 3,998
------------------
Administrative subtotal.............................. 7,258,135
Nutrition Assistance for Puerto Rico (NAP)........... 2,815,630
American Samoa....................................... 11,308
Food Distribution Program on Indian Reservations..... 162,150
TEFAP commodities.................................... 445,500
Commonwealth of the Northern Mariana Islands......... 34,000
Community Food Projects.............................. 5,000
Program access....................................... 5,000
==================
Subtotal............................................. 3,478,588
==================
Total............................................ $153,863,723
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The agreement recommends an appropriation of $457,710,000
for the Commodity Assistance Program. This includes
$338,640,000 for the Commodity Supplemental Food Program;
$26,000,000 for the Farmers' Market Nutrition Program;
$92,000,000 for administrative funding for the Emergency Food
Assistance Program; and $1,070,000 for the Food Donation
Programs for Pacific Island Assistance.
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $189,348,000 for Nutrition Programs
Administration, including $7,000,000 for the scientific
integrity of the Dietary Guidelines and $1,700,000 for the
civil rights division.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $932,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
The agreement includes $1,000,000 in a general provision
for the International Agricultural Education Fellowship
program. The agreement is concerned about regional limitations
on eligible programs in previous funding opportunities and
encourages USDA to avoid limiting eligibility of applicants to
specific countries or regions.
The agreement directs the Department to publish an annual
report describing the recipients of funds, including the
quantity and specific uses of such funding awards granted
through the Market Access Program and the Foreign Market
Development Program for the purpose of promoting agricultural
sales in Cuba, to ensure compliance with Sec. 3201 of Public
Law 115-334.
The agreement encourages the Department to prioritize
interagency coordination with the Office of the U.S. Trade
Representative and industry engagement in order to develop
effective and lasting solutions that will allow increased
market access for domestic peanuts into the European Union.
The agreement encourages USDA to work with USAID to support
the scale up of U.S. production and procurement of Ready-to-Use
Therapeutic Foods, and to develop a multi-year strategy to
support this effort. The Secretary shall provide a report to
the Committees on this strategy within 90 days of enactment of
this Act.
The agreement is concerned about the long-term tariffs on
the domestic farm economy. The Department is directed to submit
a report, after consultation with the Committees, that examines
the impact that tariffs imposed pursuant to sections 232 and
301 of the Trade Act of 1974 and associated retaliatory tariffs
are having on the farm economy.
Office of Codex Alimentarius
The agreement provides $4,922,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $237,330,000 for the Foreign
Agricultural Service and a transfer of $6,063,000. The
agreement includes $6,269,000 for pay costs, $884,000 for
Capital Security Cost Sharing, and $1,533,000 for information
technology.
FOOD FOR PEACE TITLE II GRANTS
The agreement provides $1,750,000,000 for Food for Peace
Title II Grants and an additional $50,000,000 in Division M of
this consolidated Act.
The agreement directs the Secretary, in consultation with
the Administrator of USAID, to provide to the Committees a
quarterly report on obligations and current balances of Food
for Peace Title II grants. This report should also include any
supplemental funding.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The agreement provides $243,331,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program
and an additional $5,000,000 in Division M of this consolidated
Act.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $6,063,000 for the Commodity Credit
Corporation Export (Loans) Credit Guarantee Program Account.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,530,150,000 in discretionary
budget authority and $3,032,643,000 in definite user fees for a
total of $6,562,793,000 for Food and Drug Administration (FDA),
Salaries and Expenses. This total does not include permanent,
indefinite user fees for: the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority Review
Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Over-the-
Counter Monograph.
The agreement expects FDA to continue all programs,
projects, activities, and laboratories, as included in fiscal
year 2022 unless otherwise specified, and maintains the
$1,500,000 transfer to the Health and Human Services' Inspector
General for its audit and oversight work involving FDA.
The agreement provides a net increase of $226,005,000, of
which $42,800,000 is for medical product safety, $41,000,000 is
for food safety activities, $121,122,000 is for cross cutting
initiatives supporting both medical and food safety, and
$21,083,000 is for infrastructure investments.
Within the increases provided for medical product safety,
the agreement includes $5,000,000 for Device Shortages and
Supply Chain; $800,000 for CVM Medical Product Supply Chain;
$7,000,000 for Advancing the Goal of Ending the Opioid Crisis,
including support for interagency activities to combat the
illicit importation of opioids, including fentanyl, through
international mail facilities and land ports-of-entry;
$3,000,000 for the Predictive Toxicology Roadmap; $5,000,000
for the Data Modernization and Enhanced Technology Initiative;
$1,500,000 for Foreign Unannounced Human Drug Inspection
Pilots; $5,000,000 for the Orphan Products Grants Program to
implement Act for ALS; $5,000,000 for Premarket Animal Drug
Review Workload; $1,500,000 for Drug Safety Surveillance and
Oversight; $5,000,000 for Medical Device Cybersecurity;
$2,000,000 for the neurology drug program; and $2,000,000 for
Cancer Moonshot.
Within the increases provided for food safety activities,
the agreement provides $10,000,000 for Maternal and Infant
Health and Nutrition; $8,000,000 for Emerging Chemical and
Toxicology Issues; $20,000,000 for New Era of Smarter Food
Safety; $1,000,000 for machine learning; $1,000,000 for sodium
reduction targets; and $1,000,000 for Standards of Identity.
Within the increases for crosscutting Agency-wide support
initiatives, the agreement provides $71,092,000 for Pay Costs;
$15,000,000 for Data Modernization and Enhanced Technologies;
$10,000,000 for Inspections; $2,500,000 for the Office of
Minority Health and Health Equity; $1,500,000 for the Office of
Laboratory Safety; $2,500,000 for the Office of the Chief
Counsel; $5,000,000 for Reduce Animal Testing through
Alternative Methods; and $13,530,000 for Essential Services.
The agreement provides specific amounts by Food and Drug
Administration activity as reflected in the following table:
FOOD AND DRUG ADMINISTRATION SALARIES & EXPENSES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods................................................. $1,196,097
Center for Food Safety and Applied Nutrition.......... 401,867
Field Activities.................................... 794,230
Human Drugs........................................... 760,494
Center for Drug Evaluation and Research............... 551,493
Field Activities.................................... 209,001
Biologics............................................. 271,515
Center for Biologics Evaluation and Research.......... 223,465
Field Activities.................................... 48,050
Animal Drugs and Feeds................................ 230,093
Center for Veterinary Medicine........................ 148,141
Field Activities.................................... 81,952
Devices and Radiological Products..................... 449,297
Center for Devices and Radiological Health............ 356,062
Field Activities.................................... 93,235
National Center for Toxicological Research.............. 76,919
Other Activities/Office of the Commissioner............. 224,940
White Oak Consolidation................................. 48,414
Other Rent and Rent Related Activities.................. 106,095
GSA Rent................................................ 166,286
---------------
Subtotal, Budget Authority.............................. 3,530,150
User Fees:
Prescription Drug User Fee Act.......................... 1,310,319
Medical Device User Fee and Modernization Act........... 324,777
Human Generic Drug User Fee Act......................... 582,500
Biosimilar User Fee Act................................. 41,600
Animal Drug User Fee Act................................ 32,144
Animal Generic Drug User Fee Act........................ 29,303
Tobacco Product User Fees............................... 712,000
---------------
Subtotal, User Fees..................................... 3,032,643
===============
Total, FDA Program Level............................ $6,562,793
------------------------------------------------------------------------
The agreement is concerned by the fragility of the infant
formula supply chain and the detrimental health impacts that
can arise from shortage of these regulated products. The
agreement notes that while access to infant formula has
improved, there are still supply issues, especially in rural
communities, and directs the FDA to continue to monitor supply
in order to better identify areas of shortage. The agreement
notes a request for an investigation by the HHS Inspector
General as well as the GAO. The agreement directs the FDA to
submit a report within 180 days, in consultation with the
Department of Agriculture, assessing the risks and resilience
of domestic supply chains of infant formula, including
specialty formula, and identifying potential solutions to
address vulnerabilities. The assessment should cover the full
``farm to bottle'' supply chain including ingredient
production, processing, and manufacturing, and distribution,
including the inputs and regulatory approval needed at each of
these steps.
The agreement is also aware of FDA's efforts to develop
pathways for foreign infant formula companies to enter the
domestic infant formula market and bypass certain requirements
that domestic companies must meet. The agreement directs FDA
report to Congress within 90 days of passage of this Act how
FDA determined that the oversight of foreign facilities
participating in enforcement discretion and foreign pathways
was easier, safer, and potential impacts towards expanding and
growing domestic infant formula production.
The agreement is concerned that human food facilities are
not inspected frequently enough to adequately identify and
respond to risks. The FDA is directed to increase the frequency
of domestic human food inspections and develop a report for the
Committees that identifies operational changes and determine
the resource implications of conducting inspections every 18
months for high-risk domestic facilities and every three years
for non-high-risk domestic facilities.
The agreement directs FDA to provide a report to the
Committees on Appropriations not later than 30 days after the
enactment of this Act identifying applicants of INDs, NDAs,
ANDAs, including ANDAs for OTC products, and BLAs that are
headquartered in Russia.
The United States continues to be an important producer of
olive oils and one of the largest olive oil markets globally.
Accordingly, the agreement recognizes that the establishment of
a uniform set of standards would better protect and inform
consumers. Furthermore, the agreement is aware that a petition
was submitted to the FDA in July 2022 to establish a Standard
of Identity for different grades of olive oil (e.g. extra
virgin, virgin, and refined) and olive-pomace oils. The
agreement supports this effort and urges the FDA to work with
USDA on the issue of grade standards and expeditiously evaluate
and act on the petition. The agreement also directs FDA to
brief the Committees on Appropriations within 90 days of
enactment on the status of the agency's progress in developing
a U.S. Standard of Identityinclusive of quality and
authenticity for different grades of olive oil.
The agreement is aware of the contribution of the
accelerated approval pathway in expediting access to critical
therapies for patients with cancer and certain rare diseases.
The agreement encourages FDA to clarify the use of the pathway
to help make treatment options available for such patients.
The agreement directs the agency to review the Policy and
Procedures Manual Guide 1240.3605 for solutions on how certain
ingredient claims can be regulated as animal food and report
back to the Committees within 120 days of enactment of this
Act.
The agreement encourages the FDA to consider an accelerated
regulatory pathway for the review of articles intended for
animal consumption that claim to have significant beneficial
environmental impact. The agreement directs FDA to make
recommendations for the appropriate pathway for environmentally
beneficial animal food additives and report back within 120
days of enactment of this Act.
The agreement is concerned about the increase of products
that are labeled and marketed using animal food product
terminology and related iconography, including seafood. The
agreement directs FDA to conduct a study to better understand
consumers' attitudes, beliefs, motivations, and perceptions
relative to product composition, health attributes, and
labeling and report back to the Committees within one year of
enactment of this Act.
The agreement encourages the FDA to work with the Type 1
diabetes community on the assessment of potential diabetes
biomarkers related to islet autoimmunity.
The agreement encourages the FDA to further invest in the
science base for regulatory decisions on botanical dietary
supplements. The agreement also encourages FDA to further
invest in research to identify potential drug interactions with
botanical drugs.
The agreement supports FDA's proposal to require that all
products marketed as dietary supplements be listed with FDA.
The agreement believes that FDA's authorities over products
marketed as dietary supplements should be clarified to
facilitate enforcement against unlawfully marketed products.
The agreement directs the FDA, in consultation with the
Committees, to provide a report 180 days after enactment of
this Act on domestic and foreign manufacturing of drugs
included on FDA's list of Essential Medicines and Medical
Countermeasures published in October 2020.
The agreement encourages ongoing collaboration with patient
stakeholders and the broad eczema community to address gaps and
scientific knowledge and clarify the pathways for eczema
therapies.
The agreement is concerned about the proliferation of
products marketed using standards of identity for dairy
products that do not contain dairy ingredients. The agreement
directs the FDA to implement an updated enforcement approach to
enforce against dairy imitation products.
The agreement is aware of the important contribution of the
CFSAN Centers of Excellence (COE). The agreement encourages the
FDA to continue to fully utilize the COEs.
The agreement expects the FDA to provide outreach,
training, and technical assistance to farmers and provides no
less than the fiscal year 2022 level. The agreement also
directs the FDA to continue working with small farms to clarify
requirements for compliance with FSMA.
The agreement remains concerned about potential consumer
confusion over nutritional labeling requirements and guidelines
for added sugar, for products such as honey and maple syrup.
The agreement directs the FDA to continue working with impacted
industries to ensure clear and appropriate labeling.
The agreement understands that the FDA has approved new
drug applications for opioids following completion of clinical
trials using enriched enrollment, randomized, withdrawal (EERW)
designs. The agreement directs the FDA to conduct a study to
review EERW study designs. The agreement also encourages the
FDA to consider expanding the scope of information requested on
requiring fixed quantity blister packaging for certain opioids.
The agreement commends the FDA for its continued efforts to
approve cellular therapy drugs to treat cancer. The agreement
urges the FDA to work with industry and the research community
more broadly to continue enhancing its guidance and regulations
concerning standardization of potency testing requirements for
cellular therapies. This will expedite the advancement of novel
cellular therapies and accelerate delivery of medicines to
patients with complex and unmet medical need.
The agreement is concerned about the escalating cost of
specialty cancer drugs and biologics. The agreement encourages
the FDA to organize clinical trials, in collaboration with
academic medical centers and other Federal agencies, of
marketed cancer drugs and biologics to assess whether dosing
frequency adjustments may reduce waste and/or toxicities of
treatment without compromising efficacy.
The agreement encourages the FDA to facilitate innovative
and flexible regulatory approaches, including expedited
programs under section 506, authorities that allow for
genetically targeted platform technologies, gene expression
biomarkers, novel statistical approaches, external controls and
a benefit-risk approach to evaluating manufacturing process
requirements.
The agreement urges the FDA to develop clearer regulatory
pathways for emerging aging treatments and to provide an update
on its progress in the fiscal year 2024 congressional budget
justification. The agreement also urges the FDA to increase
support for regulatory science that can inform these pathways,
including collaborations with the National Institutes of
Health, industry, and academia on the discovery and validation
of biomarkers.
The agreement directs the FDA to address regulation of
donor human milk and donor human milk derived products and
banks.
The agreement encourages the FDA to work to include no less
than two expert members on each Advisory Committee when that
Committee is reviewing a drug that has been designated as an
Orphan Drug. The agreement directs FDA to report the percentage
of recommendations made by Advisory Committees with respect to
orphan drugs.
The agreement is concerned with reports of positive drug
tests, addiction, overdose, and death related to contaminated
imported poppy seeds and directs the FDA to establish a maximum
permissible threshold of opiate alkaloid content for poppy
seeds.
The agreement directs the FDA to work with glass packaging
suppliers and pharmaceutical manufacturers to evaluate and
promote streamlined approval requirements designed to expedite
the adoption and use of innovative glass packaging
technologies.
The agreement supports FDA's work to improve predictability
of human and animal response to FDA regulated products. The
agreement is encouraged by the agency's efforts to support the
qualification of non-animal approaches with the ISTAND pilot
program.
The agreement supports FDA's efforts to confront the opioid
crisis through the agency's priority areas, including
additional funding for International Mailing Facilities. Funds
made available in this Act for FDA's efforts at International
Mail Facilities must focus on preventing controlled,
counterfeit, or otherwise dangerous pharmaceuticals from
entering the United States. Further, funds made available in
this Act should prioritize cases in which importation poses a
significant threat to public health. The FDA is directed to
provide a report on products refused import at international
mail facilities by classifying such products as controlled or
non-controlled drugs, and further classifying controlled or
non-controlled drugs as counterfeit, misbranded, or unapproved.
The agreement encourages the FDA to continue to focus on
the unique role medical foods play in nutritional management.
The agreement directs the FDA to issue final separate
regulations in regard to medical gas as required by Public Law
115-31. Should the agency not issue final regulations by March
31, 2023, the agency shall submit a report to the Committees
quarterly thereafter explaining the status of the rulemaking
and reasons for delay.
The agreement expects the FDA to continue to support
collaborative research with universities and industry on the
toxicology of nanotechnology products and processes in
accordance with the 2021 National Nanotechnology Initiative
Strategic Plan.
The agreement provides $2,000,000 to support and enhance
the neurology drug program. The agreement urges FDA to use this
funding to develop policies and guidance that keep pace with
scientific discovery in these areas, particularly as they apply
to the prevention and early detection of neurological disease.
The agreement encourages FDA to establish a pilot program
that will apply new tools to improve generic drug development,
manufacturing, and quality. The program should be in
collaboration with academic institutions.
The agreement encourages FDA to invest in real-world
evidence and prioritize further investments in pathogen
reduction technologies to inform its decisions concerning blood
donor deferral policies and the safety of the U.S. blood
supply.
The agreement encourages the FDA to fund Pediatric Device
Consortia Grants at the authorized level in fiscal year 2023.
The agreement is concerned that imported human food
continues to have significantly higher pesticide violation
rates than domestically produced food. The agreement encourages
FDA to continue to partner with State inspection services and
increase use of emerging technologies as well as treat products
that are more likely to have pesticide violations with special
attention. In the fiscal year 2023 sampling plan, FDA is
encouraged to increase sampling of imported products noted in
its 2019 supplemental analysis as having higher rates of
foreign violations compared to domestic violations, consistent
with FDA's risk-based approach to sampling.
The agreement urges FDA to clarify the obligation of
prescription drug and biological product sponsors with respect
to promotional activities.
The agreement supports FDA's work to promote the domestic
manufacturing of drug and biological products and urges the
agency to increase efforts to encourage the pharmaceutical
industry to adopt advanced manufacturing technologies that have
the potential to improve product quality.
The agreement encourages the FDA to increase funding for
research into Vibrio illnesses associated with the consumption
of raw molluscan shellfish, improve risk assessment models, and
develop improved rapid detection methods for virulent Vibrio
strains.
The agreement urges the FDA to expedite its ongoing work
with the lupus community to develop solutions to identified
barriers that will accelerate development of new therapies.
The food program's recent missteps and delayed actions
outlined in the Reagan-Udall Foundation report have revealed
the serious consequences of FDA continuing to operate with a
fragmented organizational structure and lack of accountability.
To better regulate food and improve the food program, the
agreement encourages the FDA to strongly consider the report's
recommendations and develop a restructuring plan, that includes
stakeholder engagement and input, that establishes and unifies
all capacities of the food program.
The agreement notes that the final rule for ``Yogurt
Standards of Identity'' has been published and urges the FDA to
promptly consider any application for a Temporary Marketing
Permit on these issues.
BUILDINGS AND FACILITIES
The agreement provides $12,788,000 for Buildings and
Facilities.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $50,000,000 for FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCY
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes a limitation of $88,500,000 on
administrative expenses of the Farm Credit Administration.
The agreement recognizes the growing interest for U.S. hemp
and hemp-based products for a variety of uses and directs FCA
to work with the institutions under its jurisdiction to provide
access to guaranteed loans for hemp producers and businesses.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service
Agency.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language requiring spend
plans.
Section 722.--The bill includes language regarding
electronically available information for prescribing healthcare
professionals.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
programs.
Section 728.--The bill includes language regarding user
fees.
Section 729.--The bill includes language regarding
nutrition programs.
Section 730.--The bill includes language regarding the Food
Safety and Inspection Service.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language related to Rural
Development Programs.
Section 733.--The bill includes language related to the
Animal Welfare Act.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language related to
persistent poverty counties.
Section 737.--The bill includes language related to
investigational use of drugs or biological products.
Section 738.--The bill includes language related to the
growing, harvesting, packing and holding of certain produce.
Section 739.--The bill provides funding for grants to
enhance farming and ranching opportunities for military
veterans.
Section 740.--The bill includes language related to the
school breakfast program.
Section 741.--The bill includes language regarding hemp.
Section 742.--The bill provides funding for grants under
section 12502 of Public Law 115-334.
Section 743.--The bill provides funding to carry out
section 3307 of Public Law 115-334.
Section 744.--The bill includes language related to
matching fund requirements.
Section 745.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 746.--The bill provides funding to carry out
section 4208 of Public Law 115-334.
Section 747.--The bill provides funding to carry out
section 12301 of Public Law 115-334.
Section 748.--The bill includes language related to potable
water.
Section 749.--The bill includes language regarding Food for
Peace.
Section 750.--The bill includes language regarding
facilities inspections.
Section 751.--The bill includes language relating to the
use of raw or processed poultry products from the People's
Republic of China in various domestic nutrition programs.
Section 752.--The bill includes language related to certain
school food lunch prices.
Section 753.--The bill provides funding for rural hospital
technical assistance.
Section 754.--The bill includes language related to
biotechnology risk assessment research.
Section 755.--The bill provides funding to carry out
section 7209 of Public Law 115-334.
Section 756.--The bill includes language related to
enforcement of the Animal Welfare Act.
Section 757.--The bill includes language related to cotton
classing activities.
Section 758.--The bill includes language related to certain
reorganizations within the Department of Agriculture.
Section 759.--The bill includes language related to the
Agriculture Conservation Experiences Services Program.
Section 760.--The bill includes language related to the
ReConnect program.
Section 761.--The bill includes language related to the
Federal Meat Inspection Act.
Section 762.--The bill provides funding for the Water Bank
program.
Section 763.--The bill includes language related to Food
and Drug Administration advice about eating fish.
Section 764.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 765.--The bill includes language related to
genetically engineered salmon.
Section 766.--The bill includes language related to per-
and polyfluoroalkyl substances.
Section 767.--The bill includes language related to Rural
Economic Area Partnership Zones.
Section 768.--The bill includes funding related to a
working group.
Section 769.--The bill provides funding for an Institute
for Rural Partnerships.
Section 770.--The bill includes language regarding the
Agricultural Credit Insurance Fund.
Section 771.--The bill includes language related to
administrative and operating expenses available for crop
insurance contracts.
Section 772.--The bill includes language regarding a study.
Section 773.--The bill includes language regarding foreign
landholding in the United States.
Section 774.--The bill includes language regarding a market
name.
Section 775.--The bill includes language regarding the
National Bio and Agro-Defense Facility.
Section 776.--The bill includes language regarding
Livestock Mandatory Reporting requirements.
Section 777.--The bill includes language renaming a
program.
Section 778.--The bill includes language regarding
eligibility of certain Rural Development projects.
Section 779.--The bill includes language regarding certain
balances.
Section 780.--The bill includes language regarding
availability of funds for certain Rural Development loans.
Section 781.--The bill includes language regarding certain
balances.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT] COMMITTEE ON APPROPRIATIONS
----------
ROSA L. DeLAURO, Connecticut, Chair
MARCY KAPTUR, Ohio KAY GRANGER, Texas
DAVID E. PRICE, North Carolina HAROLD ROGERS, Kentucky
LUCILLE ROYBAL-ALLARD, California ROBERT B. ADERHOLT, Alabama
SANFORD D. BISHOP, Jr., Georgia MICHAEL K. SIMPSON, Idaho
BARBARA LEE, California JOHN R. CARTER, Texas
BETTY McCOLLUM, Minnesota KEN CALVERT, California
TIM RYAN, Ohio TOM COLE, Oklahoma
C. A. DUTCH RUPPERSBERGER, Maryland MARIO DIAZ-BALART, Florida
DEBBIE WASSERMAN SCHULTZ, Florida STEVE WOMACK, Arkansas
HENRY CUELLAR, Texas CHUCK FLEISCHMANN, Tennessee
CHELLIE PINGREE, Maine JAIME HERRERA BEUTLER, Washington
MIKE QUIGLEY, Illinois DAVID P. JOYCE, Ohio
DEREK KILMER, Washington ANDY HARRIS, Maryland
MATT CARTWRIGHT, Pennsylvania MARK E. AMODEI, Nevada
GRACE MENG, New York CHRIS STEWART, Utah
MARK POCAN, Wisconsin STEVEN M. PALAZZO, Mississippi
KATHERINE M. CLARK, Massachusetts DAVID G. VALADAO, California
PETE AGUILAR, California DAN NEWHOUSE, Washington
LOIS FRANKEL, Florida JOHN R. MOOLENAAR, Michigan
CHERI BUSTOS, Illinois JOHN H. RUTHERFORD, Florida
BONNIE WATSON COLEMAN, New Jersey BEN CLINE, Virginia
BRENDA L. LAWRENCE, Michigan GUY RESCHENTHALER, Pennsylvania
NORMA J. TORRES, California MIKE GARCIA, California
CHARLIE CRIST, Florida ASHLEY HINSON, Iowa
ANN KIRKPATRICK, Arizona TONY GONZALES, Texas
ED CASE, Hawaii JULIA LETLOW, Louisiana
ADRIANO ESPAILLAT, New York
JOSH HARDER, California
JENNIFER WEXTON, Virginia
DAVID J. TRONE, Maryland
LAUREN UNDERWOOD, Illinois
SUSIE LEE, Nevada
JOSEPH D. MORELLE, New York
Robin Juliano, Clerk and Staff Director
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
sections 3702 and 3703 of title 44, United States Code; full
medical coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the
International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States
Code; employment of citizens of the United States and aliens by
contract for services; rental of space abroad for periods not
exceeding 10 years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; not to exceed $325,000 for purchase of armored
vehicles without regard to the general purchase price
limitations; obtaining insurance on official motor vehicles;
and rental of tie lines, $625,000,000, of which $85,000,000
shall remain available until September 30, 2024: Provided, That
$12,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwithstanding
section 3302 of title 31, United States Code: Provided further,
That, of amounts provided under this heading, not less than
$16,400,000 shall be for China antidumping and countervailing
duty enforcement and compliance activities: Provided further,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities; and that for the
purpose of this Act, contributions under the provisions of the
Mutual Educational and Cultural Exchange Act of 1961 shall
include payment for assessments for services provided as part
of these activities: Provided further, That, of amounts
provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying
out a pilot fellowship program of the United States Commercial
Service under which the Secretary of Commerce may make
competitive grants to appropriate institutions of higher
education or students to increase the level of knowledge and
awareness of, and interest in employment with, that Service
among minority students: Provided further, That any grants
awarded under such program shall be made pursuant to
regulations to be prescribed by the Secretary, which shall
require as a condition of the initial receipt of grant funds, a
commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International
Trade Administration upon the completion of participation in
the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including
costs associated with the performance of export administration
field activities both domestically and abroad; full medical
coverage for dependent members of immediate families of
employees stationed overseas; employment of citizens of the
United States and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when
such claims arise in foreign countries; not to exceed $13,500
for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act
of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40
Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor
vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for
purchase without regard to any price limitation otherwise
established by law, $191,000,000, of which $76,000,000 shall
remain available until expended: Provided, That the provisions
of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and
contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing
information to the public with respect to the export
administration and national security activities of the
Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by
the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27, 28, 29, and 30 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722, 3722a, 3722b, and
3723), as amended, $430,000,000 to remain available until
expended, of which $50,000,000 shall be for grants under
section 27, $41,000,000 shall be for grants under section 28,
$41,000,000 shall be for grants under section 29 in amounts
determined by the Secretary, and $2,500,000 shall be for grants
under section 30: Provided, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$68,000,000: Provided, That funds provided under this heading
may be used to monitor projects approved pursuant to title I of
the Public Works Employment Act of 1976; title II of the Trade
Act of 1974; sections 27 through 30 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722-3723), as
amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development
Agency in fostering, promoting, and developing minority
business enterprises, as authorized by law, $70,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$330,000,000: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing
activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and
programs provided for by law, $1,155,000,000, to remain
available until September 30, 2024: Provided, That, from
amounts provided herein, funds may be used for promotion,
outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $62,000,000, to remain available until September 30,
2024: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until their
expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including defense
of suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO,
$4,253,404,000, to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall be
reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are received
during fiscal year 2023, so as to result in a fiscal year 2023
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2023, should the total amount
of such offsetting collections be less than $4,253,404,000,
this amount shall be reduced accordingly: Provided further,
That any amount received in excess of $4,253,404,000 in fiscal
year 2023 and deposited in the Patent and Trademark Fee Reserve
Fund shall remain available until expended: Provided further,
That the Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States
Patent and Trademark Office ``Salaries and Expenses'' account:
Provided further, That the budget of the President submitted
for fiscal year 2024 under section 1105 of title 31, United
States Code, shall include within amounts provided under this
heading for necessary expenses of the USPTO any increases that
are expected to result from an increase promulgated through
rule or regulation in offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law in
either fiscal year 2023 or fiscal year 2024: Provided further,
That from amounts provided herein, not to exceed $13,500 shall
be made available in fiscal year 2023 for official reception
and representation expenses: Provided further, That in fiscal
year 2023 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by
the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise unfunded
accruing costs, as determined by OPM for USPTO's specific use
of post-retirement life insurance and post-retirement health
benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees
Group Life Insurance (FEGLI), shall be transferred to the Civil
Service Retirement and Disability Fund, the FEGLI Fund, and the
Employees FEHB Fund, as appropriate, and shall be available for
the authorized purposes of those accounts: Provided further,
That any differences between the present value factors
published in OPM's yearly 300 series benefit letters and the
factors that OPM provides for USPTO's specific use shall be
recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any
other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $2,450,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $953,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ``Working Capital Fund'': Provided, That of the amounts
appropriated under this heading, $62,532,000 shall be used for
the projects, and in the amounts, specified in the table
immediately following the paragraph ``NIST STRS Community
Project Funding/NIST External Projects'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
the amounts made available for the projects referenced in the
preceding proviso may not be transferred for any other purpose:
Provided further, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which
$175,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $37,000,000 shall be for the
Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National Institute
of Standards and Technology Act (15 U.S.C. 278c-278e),
$462,285,000, to remain available until expended: Provided,
That of the amounts appropriated under this heading,
$332,285,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the
paragraph ``NIST Construction Community Project Funding/NIST
Extramural Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That up to one
percent of amounts made available for the projects referenced
in the preceding proviso may be used for the administrative
costs of such projects: Provided further, That the Director of
the National Institute of Standards and Technology shall submit
a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate for any amounts made
available by the preceding proviso and such spending plan shall
be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall include
in the budget justification materials for fiscal year 2024 that
the Secretary submits to Congress in support of the Department
of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) an estimate for each National Institute of Standards and
Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the
budget justification materials shall include an estimate of the
budgetary requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot
programs for State-led fisheries management, notwithstanding
any other provision of law; grants, contracts, or other
payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $4,500,997,000, to remain available
until September 30, 2024: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $344,901,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Observers and
Training; Fisheries Management Programs and Services; and
Interjurisdictional Fisheries Grants: Provided further, That
not to exceed $71,299,000 shall be for payment to the
``Department of Commerce Working Capital Fund'': Provided
further, That of the $4,868,898,000 provided for in direct
obligations under this heading, $4,500,997,000 is appropriated
from the general fund, $344,901,000 is provided by transfer,
and $23,000,000 is derived from recoveries of prior year
obligations: Provided further, That of the amounts appropriated
under this heading, $111,465,000 shall be used for the
projects, and in the amounts, specified in the table
immediately following the paragraph ``NOAA Community Project
Funding/NOAA Special Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso
may not be transferred for any other purpose: Provided further,
That any deviation from the amounts designated for specific
activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
or any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and
their dependents under the Dependents' Medical Care Act (10
U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,653,630,000, to remain available until September 30, 2025,
except that funds provided for acquisition and construction of
vessels and aircraft, and construction of facilities shall
remain available until expended: Provided, That of the
$1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of
Commerce shall include in budget justification materials for
fiscal year 2024 that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with
the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2024: Provided, That, of the funds provided
herein, the Secretary of Commerce may issue grants to the
States of Washington, Oregon, Idaho, Nevada, California, and
Alaska, and to the federally recognized Tribes of the Columbia
River and Pacific Coast (including Alaska), for projects
necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are
identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be allocated
based on scientific and other merit principles and shall not be
available for marketing activities: Provided further, That
funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at
least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94-265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99-
659), $300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2023, obligations of direct loans may
not exceed $24,000,000 for Individual Fishing Quota loans and
not to exceed $100,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $95,000,000:
Provided, That no employee of the Department of Commerce may be
detailed or assigned from a bureau or office funded by this Act
or any other Act to offices within the Office of the Secretary
of the Department of Commerce for more than 180 days in a
fiscal year unless the individual's employing bureau or office
is fully reimbursed for the salary and expenses of the employee
for the entire period of assignment using funds provided under
this heading: Provided further, That amounts made available to
the Department of Commerce in this or any prior Act may not be
transferred pursuant to section 508 of this or any prior Act to
the account funded under this heading, except in the case of
extraordinary circumstances that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
nonrecurring expenses fund
For necessary expenses for technology modernization projects
and cybersecurity risk mitigation of the Department of
Commerce, $35,000,000, to remain available until September 30,
2025: Provided, That amounts made available under this heading
are in addition to such other funds as may be available for
such purposes: Provided further, That any unobligated balances
of expired discretionary funds transferred to the Department of
Commerce Nonrecurring Expenses Fund, as authorized by section
111 of title I of division B of Public Law 116-93, may be
obligated only after the Committees on Appropriations of the
House of Representatives and the Senate are notified at least
15 days in advance of the planned use of funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112-55), as amended by section 105 of
title I of division B of Public Law 113-6, are hereby adopted
by reference and made applicable with respect to fiscal year
2023: Provided, That the life cycle cost for the Joint Polar
Satellite System is $11,322,125,000, the life cycle cost of the
Polar Follow On Program is $6,837,900,000, the life cycle cost
for the Geostationary Operational Environmental Satellite R-
Series Program is $11,700,100,000, and the life cycle cost for
the Space Weather Follow On Program is $692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security
services) necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations are
authorized, pursuant to the Public Buildings Cooperative Use
Act of 1976 or other authority, to use or occupy in the Herbert
C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General
Services pursuant to the Federal Property and Administrative
Services Act of 1949 on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services provided
under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be
credited to the appropriation or fund which initially bears the
costs of such services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over its
networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian Tribal government, Territory, or possession,
or of any political subdivision thereof, or of any foreign
government or international organization, for purposes related
to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic copy
of such report or document may be accessed and downloaded for
free online. Should a customer still require the Service to
provide a printed or digital copy of the report or document,
the charge shall be limited to recovering the Service's cost of
processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities
provided by; and (3) receive and expend funds made available on
a consensual basis from: a Federal agency, State or subdivision
thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds
received for permitting and related regulatory activities
pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations,
Research, and Facilities'' and shall remain available until
September 30, 2024, for such purposes: Provided further, That
all funds within this section and their corresponding uses are
subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading
``National Institute of Standards and Technology--Industrial
Technology Services'' shall not be subject to cost share
requirements under 15 U.S.C. 278k(e)(2): Provided, That the
authority made available pursuant to this section shall be
elective, in whole or in part, for any Manufacturing Extension
Partnership Center that also receives funding from a State that
is conditioned upon the application of a Federal cost sharing
requirement.
Sec. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive--
(1) in whole or in part, the matching requirements
under sections 306 and 306A, and the cost sharing
requirements under section 315, of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455, 1455a, and
1461) as necessary at the request of the grant
applicant, for amounts made available under this Act
under the heading ``Operations, Research, and
Facilities'' under the heading ``National Oceanic and
Atmospheric Administration''; and
(2) up to 50 percent of the matching requirements
under sections 306 and 306A, and the cost sharing
requirements under section 315, of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455, 1455a, and
1461) as necessary at the request of the grant
applicant, for amounts made available under this Act
under the heading ``Procurement, Acquisition and
Construction'' under the heading ``National Oceanic and
Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $145,000,000, of which $4,000,000 shall
remain available until September 30, 2024, and of which not to
exceed $4,000,000 for security and construction of Department
of Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $138,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further,
That any transfer pursuant to the first proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration
Review, $860,000,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review fees
deposited in the ``Immigration Examinations Fee'' account, and
of which not less than $29,000,000 shall be available for
services and activities provided by the Legal Orientation
Program: Provided, That not to exceed $50,000,000 of the total
amount made available under this heading shall remain available
until September 30, 2027, for build-out and modifications of
courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That not to exceed $4,000,000 shall remain available until
September 30, 2024.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission
as authorized, $14,591,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until a
successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of Columbia,
$1,138,000,000, of which not to exceed $50,000,000 for
litigation support contracts and information technology
projects, including cybersecurity and hardening of critical
networks, shall remain available until expended: Provided, That
of the amount provided for INTERPOL Washington dues payments,
not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to
exceed $9,000 shall be available to INTERPOL Washington for
official reception and representation expenses: Provided
further, That of the total amount appropriated, not to exceed
$9,000 shall be available to the Criminal Division for official
reception and representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That of
the amount appropriated, such sums as may be necessary shall be
available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305)
and to reimburse the Office of Personnel Management for such
salaries and expenses: Provided further, That of the amounts
provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended:
Provided further, That any funds provided under this heading in
prior year appropriations Acts that remain available to the
Civil Rights Division for salaries and expenses associated with
the election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry
out any authorized purposes of the Civil Rights Division:
Provided further, That amounts repurposed by the preceding
proviso may not be used to increase the number of permanent
positions.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, $31,738,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund
and to remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $225,000,000, to remain available until expended,
of which not to exceed $5,000 shall be available for official
reception and representation expenses: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection (and estimated to be $190,000,000 in
fiscal year 2023), shall be retained and used for necessary
expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2023, so
as to result in a final fiscal year 2023 appropriation from the
general fund estimated at $35,000,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,632,000,000: Provided, That of the total amount
appropriated, not to exceed $19,600 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $40,000,000 shall remain available
until expended: Provided further, That each United States
Attorney shall establish or participate in a task force on
human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program,
as authorized, $255,000,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, deposits of discretionary offsetting collections to the
United States Trustee System Fund and amounts herein
appropriated shall be available in such amounts as may be
necessary to pay refunds due depositors: Provided further,
That, notwithstanding any other provision of law, fees
deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as
limited by section 589a(f)(2) of title 28, United States Code),
shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That to the extent that fees deposited into
the Fund as discretionary offsetting collections in fiscal year
2023, net of amounts necessary to pay refunds due depositors,
exceed $255,000,000, those excess amounts shall be available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2023, net of amounts
necessary to pay refunds due depositors, (estimated at
$269,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from amounts deposited in
the Fund as discretionary offsetting collections in previous
fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2023 appropriation from the
general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for
private counsel expenses, including advances, and for expenses
of foreign counsel, $270,000,000, to remain available until
expended, of which not to exceed $16,000,000 is for
construction of buildings for protected witness safesites; not
to exceed $3,000,000 is for the purchase and maintenance of
armored and other vehicles for witness security caravans; and
not to exceed $35,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment
and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may
not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,705,000,000, of which not to exceed $20,000 shall be
available for official reception and representation expenses,
and not to exceed $25,000,000 shall remain available until
expended.
construction
For construction in space that is controlled, occupied, or
utilized by the United States Marshals Service for prisoner
holding and related support, $18,000,000, to remain available
until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code,
$2,129,789,000, to remain available until expended: Provided,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code:
Provided further, That the United States Marshals Service shall
be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $133,512,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for the activities of the National Security Division, the
Attorney General may transfer such amounts to this heading from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation,
and prosecution of individuals associated with the most
significant drug trafficking organizations, transnational
organized crime, and money laundering organizations not
otherwise provided for, to include inter-governmental
agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals
involved in transnational organized crime and drug trafficking,
$550,458,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against
the United States, $10,676,000,000, of which not to exceed
$216,900,000 shall remain available until expended: Provided,
That not to exceed $284,000 shall be available for official
reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites
by purchase, or as otherwise authorized by law; conversion,
modification, and extension of federally owned buildings;
preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure
networking capabilities; $651,895,000, to remain available
until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
section 530C of title 28, United States Code; and expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs, $2,563,116,000, of which not to exceed
$75,000,000 shall remain available until expended and not to
exceed $90,000 shall be available for official reception and
representation expenses: Provided, That, notwithstanding
section 3672 of Public Law 106-310, up to $10,000,000 may be
used to reimburse States, units of local government, Indian
Tribal Governments, other public entities, and multi-
jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances
associated with clandestine methamphetamine laboratories,
conversion and extraction operations, tableting operations, or
laboratories and processing operations for fentanyl and
fentanyl-related substances which may present a danger to
public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,672,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from
Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol,
Tobacco, Firearms and Explosives to other agencies or
Departments.
construction
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and
information technology requirements; construction or
acquisition of buildings, facilities, and sites by purchase, or
as otherwise authorized by law; conversion, modification and
extension of federally owned buildings; and preliminary
planning and design of projects; $75,000,000, to remain
available until expended.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $8,392,588,000: Provided, That not less than
$409,483,000 shall be for the programs and activities
authorized by the First Step Act of 2018 (Public Law 115-391),
of which not less than 2 percent shall be transferred to and
merged with the appropriation for ``Office of Justice
Programs--Research, Evaluation and Statistics'' for the
National Institute of Justice to carry out evaluations of
programs and activities related to the First Step Act of 2018:
Provided further, That the Attorney General may transfer to the
Department of Health and Human Services such amounts as may be
necessary for direct expenditures by that Department for
medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into
contracts with a fiscal agent or fiscal intermediary claims
processor to determine the amounts payable to persons who, on
behalf of the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain
available until expended for necessary operations: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past,
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $108,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of funds
and borrowing authority available, and in accord with the law,
and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 1968
Act''); title II of the Civil Rights Act of 1968 (commonly
known as the ``Indian Civil Rights Act of 1968'') (Public Law
90-284) (``the Indian Civil Rights Act''); the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
(``the 1994 Act''); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108-21); the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.)
(``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for Victims
of Trafficking Act of 2015 (Public Law 114-22) (``the 2015
Act''); and the Abolish Human Trafficking Act (Public Law 115-
392); and the Violence Against Women Act Reauthorization Act of
2022 (division W of Public Law 117-103) (``the 2022 Act''); and
for related victims services, $700,000,000, to remain available
until expended: Provided, That except as otherwise provided by
law, not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $255,000,000 is for grants to combat violence
against women, as authorized by part T of the 1968 Act,
and any applicable increases for the amount of such
grants, as authorized by section 5903 of the James M.
Inhofe National Defense Authorization Act for Fiscal
Year 2023: Provided, That $10,000,000 shall be for any
such increases under such section 5903, which shall
apply to fiscal year 2023 grants funded by amounts
provided in this paragraph;
(2) $50,000,000 is for transitional housing
assistance grants for victims of domestic violence,
dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of
Justice and the Bureau of Justice Statistics for
research, evaluation, and statistics of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(4) $17,000,000 is for a grant program to provide
services to advocate for and respond to youth victims
of domestic violence, dating violence, sexual assault,
and stalking; assistance to children and youth exposed
to such violence; programs to engage men and youth in
preventing such violence; and assistance to middle and
high school students through education and other
services related to such violence, of which $3,500,000
is to engage men and youth in preventing domestic
violence, dating violence, sexual assault, and
stalking: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204,
41303, and 41305 of the 1994 Act, prior to its
amendment by the 2013 Act, shall be available for this
program: Provided further, That 10 percent of the total
amount available for this grant program shall be
available for grants under the program authorized by
section 2015 of the 1968 Act: Provided further, That
the definitions and grant conditions in section 40002
of the 1994 Act shall apply to this program;
(5) $60,500,000 is for grants to improve the criminal
justice response as authorized by part U of title I the
1968 Act, of which $4,000,000 is for a homicide
reduction initiative; up to $4,000,000 is for a
domestic violence lethality reduction initiative;
$8,000,000 is for an initiative to promote effective
policing and prosecution responses to domestic
violence, dating violence, sexual assault, and
stalking, including evaluation of the effectiveness of
funded interventions (``Policing and Prosecution
Initiative''); and $1,000,000 is for an initiative to
enhance prosecution and investigation of online abuse
and harassment (``Prosecution and Investigation of
Online Abuse Initiative''): Provided, That subsections
(c) and (d) of section 2101 of the 1968 Act shall not
apply to the Policing and Prosecution Initiative or the
Prosecution and Investigation of Online Abuse
Initiative;
(6) $78,500,000 is for sexual assault victims
assistance, as authorized by section 41601 of the 1994
Act;
(7) $50,000,000 is for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent
crimes against women on campus, as authorized by
section 304 of the 2005 Act, of which $12,500,000 is
for grants to Historically Black Colleges and
Universities, Hispanic-Serving Institutions, and Tribal
colleges and universities;
(9) $55,000,000 is for legal assistance for victims,
as authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services
to end violence against and abuse of women in later
life, as authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in
the justice system, as authorized by section 1301 of
the 2000 Act: Provided, That unobligated balances
available for the programs authorized by section 1301
of the 2000 Act and section 41002 of the 1994 Act,
prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center
on Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act;
(14) $1,000,000 is for analysis and research on
violence against Indian women, including as authorized
by section 904 of the 2005 Act: Provided, That such
funds may be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(15) $500,000 is for a national clearinghouse that
provides training and technical assistance on issues
relating to sexual assault of American Indian and
Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal
Governments in exercising special Tribal criminal
jurisdiction, as authorized by section 204 of the
Indian Civil Rights Act: Provided, That the grant
conditions in section 40002(b) of the 1994 Act shall
apply to grants made;
(17) $2,500,000 is for the purposes authorized under
the 2015 Act;
(18) $15,000,000 is for a grant program to support
restorative justice responses to domestic violence,
dating violence, sexual assault, and stalking,
including evaluations of those responses: Provided,
That the definitions and grant conditions in section
109 of the 2022 Act, shall apply to this program;
(19) $11,000,000 is for culturally specific services
for victims, as authorized by section 121 of the 2005
Act;
(20) $3,000,000 is for an initiative to support
cross-designation of tribal prosecutors as Tribal
Special Assistant United States Attorneys: Provided,
That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this initiative;
(21) $1,000,000 is for an initiative to support
victims of domestic violence, dating violence, sexual
assault, and stalking, including through the provision
of technical assistance, as authorized by section 206
of the 2022 Act: Provided, That the definitions and
grant conditions in section 40002 of the 1994 Act shall
apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line
to provide remote services to Deaf victims of domestic
violence, dating violence, sexual assault, and
stalking: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply
to this service line;
(23) $5,000,000 is for grants for outreach and
services to underserved populations, as authorized by
section 120 of the 2005 Act;
(24) $4,000,000 is for an initiative to provide
financial assistance to victims, including evaluation
of the effectiveness of funded projects: Provided, That
the definitions and grant conditions in section 40002
of the 1994 Act shall apply to this initiative;
(25) $5,000,000 is for trauma-informed, victim-
centered training for law enforcement, and related
research and evaluation activities, as authorized by
section 41701 of the 1994 Act; and
(26) $1,500,000 is for a pilot program to improve
victim services on college campuses.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) (``the 1994 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing
Children's Assistance Act (34 U.S.C. 11291 et seq.); the
Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law
108-405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the
Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the Prison Rape Elimination Act of 2003 (Public Law
108-79) (``PREA''); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198); the First Step Act of 2018 (Public Law
115-391); and other programs, $77,000,000, to remain available
until expended, of which--
(1) $42,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C
of title I of the 1968 Act; and
(2) $35,000,000 is for research, development, and
evaluation programs, and other activities as authorized
by part B of title I of the 1968 Act and subtitle C of
title II of the 2002 Act, and for activities authorized
by or consistent with the First Step Act of 2018, of
which $7,500,000 is for research targeted toward
developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of
school violence to include the impact and effectiveness
of grants made under the STOP School Violence Act of
2018 (title V of division S of Public Law 115-141);
$1,000,000 is for research on violence against American
Indians and Alaska Natives or otherwise affecting
indigenous communities, in connection with extractive
industry activities; $1,000,000 is for research on gun
violence prevention; $1,000,000 is for surveys on the
campus sexual assault climate; $1,200,000 is for a
study on certain school-based crimes; and $1,000,000 is
for a study on law enforcement and community agency
responses to opioid overdoses.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(Public Law 90-351) (``the 1968 Act''); the Justice for All Act
of 2004 (Public Law 108-405); the Victims of Child Abuse Act of
1990 (Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164) (``the TVPRA of 2005''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection Act
of 2000 (Public Law 106-386) (``the Victims of Trafficking
Act''); the NICS Improvement Amendments Act of 2007 (Public Law
110-180); subtitle C of title II of the Homeland Security Act
of 2002 (Public Law 107-296) (``the 2002 Act''); the Prison
Rape Elimination Act of 2003 (Public Law 108-79) (``PREA'');
the Second Chance Act of 2007 (Public Law 110-199); the
Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403); the Victims of Crime
Act of 1984 (Public Law 98-473); the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and
Avonte's Law (division Q of Public Law 115-141) (``Kevin and
Avonte's Law''); the Keep Young Athletes Safe Act of 2018
(title III of division S of Public Law 115-141) (``the Keep
Young Athletes Safe Act''); the STOP School Violence Act of
2018 (title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of
division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); the Second Chance Reauthorization Act of
2018 (Public Law 115-391); the Matthew Shepard and James Byrd,
Jr. Hate Crimes Prevention Act (Public Law 111-84); the Ashanti
Alert Act of 2018 (Public Law 115-401); the Missing Persons and
Unidentified Remains Act of 2019 (Public Law 116-277); the
Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the Violence
Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117-103 (``the 2022 Act''); and other programs,
$2,416,805,000, to remain available until expended as follows--
(1) $770,805,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g), of title I of the 1968 Act
shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert
Wilson III memorial initiative on Preventing
Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR);
(B) $3,500,000 is for the operation,
maintenance, and expansion of the National
Missing and Unidentified Persons System;
(C) $10,000,000 is for a grant program for
State and local law enforcement to provide
officer training on responding to individuals
with mental illness or disabilities;
(D) $5,000,000 is for a student loan
repayment assistance program pursuant to
section 952 of Public Law 110-315;
(E) $15,500,000 is for prison rape prevention
and prosecution grants to States and units of
local government, and other programs, as
authorized by PREA;
(F) $3,000,000 is for the Missing Americans
Alert Program (title XXIV of the 1994 Act), as
amended by Kevin and Avonte's Law;
(G) $20,000,000 is for grants authorized
under the Project Safe Neighborhoods Grant
Authorization Act of 2018 (Public Law 115-185);
(H) $13,000,000 is for the Capital Litigation
Improvement Grant Program, as authorized by
section 426 of Public Law 108-405, and for
grants for wrongful conviction review;
(I) $3,000,000 is for a national center on
restorative justice;
(J) $1,000,000 is for the purposes of the
Ashanti Alert Communications Network as
authorized under the Ashanti Alert Act of 2018
(Public Law 115-401);
(K) $3,500,000 is for a grant program to
replicate and support family-based alternative
sentencing programs;
(L) $2,000,000 is for a grant program to
support child advocacy training in post-
secondary education;
(M) $8,000,000 is for a rural violent crime
initiative, including assistance for law
enforcement;
(N) $6,000,000 is for grants authorized under
the Missing Persons and Unidentified Remains
Act of 2019 (Public Law 116-277);
(O) $4,000,000 is for a drug data research
center to combat opioid abuse;
(P) $1,500,000 is for grants to accredited
institutions of higher education to support
forensic ballistics programs;
(Q) $229,551,000 is for discretionary grants
to improve the functioning of the criminal
justice system, to prevent or combat juvenile
delinquency, and to assist victims of crime
(other than compensation), which shall be used
for the projects, and in the amounts, specified
under the heading, ``Byrne Discretionary
Community Project Grants/Byrne Discretionary
Grants'', in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That such amounts may not be transferred for
any other purpose;
(R) $5,000,000 is for the purposes authorized
under section 1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve
virtual training for law enforcement; and
(T) $7,000,000 is for programs for cybercrime
enforcement, as authorized by sections 1401 and
1402 of the 2022 Act;
(2) $234,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(I)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(I)(5)): Provided, That no jurisdiction shall
request compensation for any cost greater than the
actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $95,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of the Victims of Trafficking Act, by the
TVPRA of 2005, or programs authorized under Public Law
113-4;
(4) $13,000,000 for a grant program to prevent and
address economic, high technology, white collar, and
Internet crime, including as authorized by section 401
of Public Law 110-403, of which not less than
$2,500,000 is for intellectual property enforcement
grants including as authorized by section 401, and
$2,000,000 is for grants to develop databases on
Internet of Things device capabilities and to build and
execute training modules for law enforcement;
(5) $20,000,000 for sex offender management
assistance, as authorized by the Adam Walsh Act, and
related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof
Vest Partnership Grant Program, as authorized by
section 2501 of title I of the 1968 Act: Provided, That
$1,500,000 shall be transferred directly to the
National Institute of Standards and Technology's Office
of Law Enforcement Standards for research, testing, and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 for grants to States to upgrade
criminal and mental health records for the National
Instant Criminal Background Check System, of which no
less than $25,000,000 shall be for grants made under
the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $170,000,000 for DNA-related and forensic
programs and activities, of which--
(A) $130,000,000 is for the purposes
authorized under section 2 of the DNA Analysis
Backlog Elimination Act of 2000 (Public Law
106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of
funds made available under this paragraph may
be used for the purposes described in the DNA
Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $20,000,000 for other local, State, and
Federal forensic activities;
(C) $15,000,000 is for the purposes described
in the Kirk Bloodsworth Post-Conviction DNA
Testing Grant Program (Public Law 108-405,
section 412); and
(D) $5,000,000 is for Sexual Assault Forensic
Exam Program grants, including as authorized by
section 304 of Public Law 108-405;
(11) $55,000,000 for community-based grant programs
to improve the response to sexual assault, including
assistance for investigation and prosecution of related
cold cases;
(12) $15,000,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of
2007 (Public Law 110-199) and by the Second Chance
Reauthorization Act of 2018 (Public Law 115-391),
without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed--
(A) $8,000,000 is for a program to improve
State, local, and Tribal probation or parole
supervision efforts and strategies;
(B) $5,000,000 is for children of
incarcerated parents demonstration programs to
enhance and maintain parental and family
relationships for incarcerated parents as a
reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication
sites employing the Project HOPE Opportunity
Probation with Enforcement model implementing
swift and certain sanctions in probation, of
which no less than $500,000 shall be used for a
project that provides training, technical
assistance, and best practices; and
(D) $10,000,000 is for a grant program for
crisis stabilization and community reentry, as
authorized by the Crisis Stabilization and
Community Reentry Act of 2020 (Public Law 116-
281):
Provided, That up to $7,500,000 of funds made available
in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to
$5,000,000 shall be for Pay for Success programs
implementing the Permanent Supportive Housing Model and
reentry housing;
(15) $445,000,000 for comprehensive opioid use
reduction activities, including as authorized by CARA,
and for the following programs, which shall address
opioid, stimulant, and substance use disorders
consistent with underlying program authorities, of
which--
(A) $95,000,000 is for Drug Courts, as
authorized by section 1001(a)(25)(A) of title I
of the 1968 Act;
(B) $45,000,000 is for mental health courts
and adult and juvenile collaboration program
grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $45,000,000 is for grants for Residential
Substance Abuse Treatment for State Prisoners,
as authorized by part S of title I of the 1968
Act;
(D) $35,000,000 is for a veterans treatment
courts program;
(E) $35,000,000 is for a program to monitor
prescription drugs and scheduled listed
chemical products; and
(F) $190,000,000 is for a comprehensive
opioid, stimulant, and substance use disorder
program;
(16) $2,500,000 for a competitive grant program
authorized by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized
under the STOP School Violence Act;
(18) $3,500,000 for grants to State and local law
enforcement agencies for the expenses associated with
the investigation and prosecution of criminal offenses
involving civil rights, authorized by the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of
2016 (Public Law 114-325);
(19) $25,000,000 for grants to State, local, and
Tribal law enforcement agencies to conduct educational
outreach and training on hate crimes and to investigate
and prosecute hate crimes, as authorized by section
4704 of the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act (Public Law 111-84);
(20) $10,000,000 for grants to support community-
based approaches to advancing justice and
reconciliation, facilitating dialogue between all
parties, building local capacity, de-escalating
community tensions, and preventing hate crimes through
conflict resolution and community empowerment and
education;
(21) $10,000,000 for programs authorized under the
Jabara-Heyer NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-
community relations, of which $35,000,000 is for a
competitive matching grant program for purchases of
body-worn cameras for State, local, and Tribal law
enforcement; $35,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice
reform and recidivism reduction; and $50,000,000 is for
a community violence intervention and prevention
initiative:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform non-administrative public sector safety service:
Provided further, That in the spending plan submitted pursuant
to section 528 of this Act, the Office of Justice Programs
shall specifically and explicitly identify all changes in the
administration of competitive grant programs for fiscal year
2023, including changes to applicant eligibility, priority
areas or weightings, and the application review process.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the PROTECT Act (Public Law 108-21); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the
2013 Act''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); the Missing Children's Assistance Act of
2018 (Public Law 115-267); the Juvenile Justice Reform Act of
2018 (Public Law 115-385); the Victims of Crime Act of 1984
(chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198); and other juvenile justice programs,
$400,000,000, to remain available until expended as follows--
(1) $75,000,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, nonprofit organizations
with the Federal grants process: Provided, That of the
amounts provided under this paragraph, $500,000 shall
be for a competitive demonstration grant program to
support emergency planning among State, local, and
Tribal juvenile justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $5,000,000 shall be for grants to prevent
trafficking of girls;
(B) $17,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an Internet site
providing information and resources on children
of incarcerated parents;
(D) $5,500,000 shall be for competitive
grants focusing on girls in the juvenile
justice system;
(E) $12,500,000 shall be for an initiative
relating to youth affected by opioids,
stimulants, and substance use disorder;
(F) $10,000,000 shall be for an initiative
relating to children exposed to violence; and
(G) $2,000,000 shall be for grants to protect
vulnerable and at-risk youth;
(4) $41,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children
programs, including as authorized by sections 404(b)
and 405(a) of the 1974 Act (except that section
102(b)(4)(B) of the PROTECT Our Children Act of 2008
(Public Law 110-401) shall not apply for purposes of
this Act);
(6) $4,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile
indigent defense:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be used
for training and technical assistance: Provided further, That
the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act of
1968, such sums as are necessary (including amounts for
administrative costs), to remain available until expended; and
$34,800,000 for payments authorized by section 1201(b) of such
Act and for educational assistance authorized by section 1218
of such Act, to remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for such disability and education payments,
the Attorney General may transfer such amounts to ``Public
Safety Officer Benefits'' from available appropriations for the
Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the American Law Enforcement Heroes Act of 2017 (Public
Law 115-37); the Law Enforcement Mental Health and Wellness Act
(Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the
Supporting and Treating Officers In Crisis Act of 2019 (Public
Law 116-32) (``the STOIC Act''), $662,880,000, to remain
available until expended: Provided, That any balances made
available through prior year deobligations shall only be
available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading--
(1) $324,000,000 is for grants under section 1701 of
title I of the 1968 Act (34 U.S.C. 10381) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such
title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of
Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That of the
amounts appropriated under this paragraph, $34,000,000
is for improving Tribal law enforcement, including
hiring, equipment, training, anti-methamphetamine
activities, and anti-opioid activities: Provided
further, That of the amounts appropriated under this
paragraph, $44,000,000 is for regional information
sharing activities, as authorized by part M of title I
of the 1968 Act, which shall be transferred to and
merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated
under this paragraph, no less than $4,000,000 is to
support the Tribal Access Program: Provided further,
That of the amounts appropriated under this paragraph,
$10,000,000 is for training, peer mentoring, mental
health program activities, and other support services
as authorized under the LEMHW Act and the STOIC Act:
Provided further, That of the amounts appropriated
under this paragraph, $7,500,000 is for the
collaborative reform model of technical assistance in
furtherance of section 1701 of title I of the 1968 Act
(34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the
POLICE Act of 2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State
law enforcement agencies in States with high seizures
of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures: Provided,
That funds appropriated under this paragraph shall be
utilized for investigative purposes to locate or
investigate illicit activities, including precursor
diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to
statewide law enforcement agencies in States with high
rates of primary treatment admissions for heroin and
other opioids: Provided, That these funds shall be
utilized for investigative purposes to locate or
investigate illicit activities, including activities
related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful
heroin and prescription opioid traffickers through
statewide collaboration;
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing
Services Office for purposes authorized under the STOP
School Violence Act (title V of division S of Public
Law 115-141);
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement
technologies and interoperable communications program,
and related law enforcement and public safety
equipment, which shall be used for the projects, and in
the amounts, specified under the heading, ``Community
Oriented Policing Services, Technology and Equipment
Community Projects/ COPS Law Enforcement Technology and
Equipment'', in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such amounts may not
be transferred for any other purpose: Provided further,
That grants funded by such amounts shall not be subject
to section 1703 of title I of the 1968 Act (34 U.S.C.
10383).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in
this title for official reception and representation expenses,
a total of not to exceed $50,000 from funds appropriated to the
Department of Justice in this title shall be available to the
Attorney General for official reception and representation
expenses.
Sec. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of
the mother would be endangered if the fetus were carried to
term, or in the case of rape or incest: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 203
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section
shall not apply to the following--
(1) paragraph 1(Q) under the heading ``State and
Local Law Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community
Oriented Policing Services Programs''.
Sec. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
Sec. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations of the House of Representatives
and the Senate that the information technology program has
appropriate program management controls and contractor
oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department
of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations from
the amounts designated for specific activities in this Act and
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), and to
any use of deobligated balances of funds provided under this
title in previous years.
Sec. 210. None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A-76 or any successor administrative
regulation, directive, or policy for work performed by
employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of section 545 of title 28, United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or
authorized to be made available) by law, with respect to funds
appropriated by this title under the headings ``Research,
Evaluation and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) up to 2 percent of funds made available to the
Office of Justice Programs for grant or reimbursement
programs may be used by such Office to provide training
and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except
for amounts appropriated specifically for research,
evaluation, or statistical programs administered by the
National Institute of Justice and the Bureau of Justice
Statistics, shall be transferred to and merged with
funds provided to the National Institute of Justice and
the Bureau of Justice Statistics, to be used by them
for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
This section shall not apply to paragraph 1(Q) under the
heading ``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2020 through
2023 for the following programs, waive the following
requirements:
(1) For the adult and juvenile offender State and
local reentry demonstration projects under part FF of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10631 et seq.), the requirements
under section 2976(g)(1) of such part (34 U.S.C.
10631(g)(1)).
(2) For grants to protect inmates and safeguard
communities as authorized by section 6 of the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)),
the requirements of section 6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a))
shall not apply to amounts made available by this or any other
Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an
agent of a drug cartel, unless law enforcement personnel of the
United States continuously monitor or control the firearm at
all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2023, except up to
$12,000,000 may be obligated for implementation of a unified
Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for
obligation in fiscal year 2023, and any use, obligation,
transfer, or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2023, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming of
funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized under
such authorities as have been enacted for Performance
Partnership Pilots in appropriations acts in prior fiscal years
and the current fiscal year.
Sec. 218. The Attorney General shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate quarterly reports on the Crime Victims Fund, the
Working Capital Fund, the Three Percent Fund, and the Asset
Forfeiture Fund. Such quarterly reports shall contain at least
the same level of information and detail for each Fund as was
provided to the Committees on Appropriations of the House of
Representatives and the Senate in fiscal year 2022.
Sec. 219. Section 3201 of Public Law 101-647, as amended (28
U.S.C. 509 note), is hereby amended: (1) by striking ``or the
Immigration and Naturalization Service'' and inserting ``the
Federal Prison System, the Bureau of Alcohol, Tobacco, Firearms
and Explosives, or the United States Marshals Service''; and
(2) by striking ``$25,000'' and inserting ``$50,000''.
Sec. 220. None of the funds made available under this Act
may be used to conduct, contract for, or otherwise support,
live tissue training, unless the Attorney General issues a
written, non-delegable determination that such training is
medically necessary and cannot be replicated by alternatives.
Sec. 221. (a) Designation.--The facilities of the Federal
Bureau of Investigation at Redstone Arsenal, Alabama, shall be
known and designated as the ``Richard Shelby Center for
Innovation and Advanced Training''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facilities of the Federal Bureau of Investigation at Redstone
Arsenal referred to in subsection (a) shall be deemed to be a
reference to the ``Richard Shelby Center for Innovation and
Advanced Training''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2023''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor
vehicles, and services as authorized by section 3109 of title
5, United States Code, not to exceed $2,250 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $7,965,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of title V of Public Law 100-685 and
Executive Order No. 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement
to the National Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$7,795,000,000, to remain available until September 30, 2024.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $935,000,000,
to remain available until September 30, 2024.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$1,200,000,000, to remain available until September 30, 2024:
Provided, That $227,000,000 shall be for On-orbit Servicing,
Assembly, and Manufacturing 1: Provided further, That
$110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which
not less than $45,000,000 shall be for reactor development, not
less than $45,000,000 shall be for fuel materials development,
and not less than $20,000,000 shall be for non-nuclear systems
development and acquisition planning: Provided further, That,
not later than 180 days after the enactment of this Act, the
National Aeronautics and Space Administration shall provide a
plan for the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of Artemis Campaign Development activities,
including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications
activities; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $7,468,850,000, to remain
available until September 30, 2024: Provided, That not less
than $1,338,700,000 shall be for the Orion Multi-Purpose Crew
Vehicle: Provided further, That not less than $2,600,000,000
shall be for the Space Launch System (SLS) launch vehicle,
which shall have a lift capability not less than 130 metric
tons and which shall have core elements and an Exploration
Upper Stage developed simultaneously to be used to the maximum
extent practicable, including for Earth to Moon missions and
Moon landings: Provided further, That of the amounts provided
for SLS, not less than $600,000,000 shall be for SLS Block 1B
development including the Exploration Upper Stage and
associated systems including related facilitization, to support
an SLS Block 1B mission available to launch in 2025 in addition
to the planned Block 1 missions for Artemis I through Artemis
III: Provided further, That $799,150,000 shall be for
Exploration Ground Systems and associated Block 1B activities,
including up to $281,350,000 for a second mobile launch
platform: Provided further, That the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the
Orion Multi-Purpose Crew Vehicle, and associated ground systems
that will ensure a crewed launch as early as possible, as well
as a system-based funding profile for a sustained launch
cadence that contemplates the use of an SLS Block 1B cargo
variant with an 8.4 meter fairing and associated ground
systems: Provided further, That $2,600,300,000 shall be for
Artemis Campaign Development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control, and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $4,250,000,000, to remain
available until September 30, 2024.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $143,500,000, to remain available until September 30,
2024, of which $26,000,000 shall be for the Established Program
to Stimulate Competitive Research and $58,000,000 shall be for
the National Space Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology,
exploration, space operations and education research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $63,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $3,129,451,000, to remain available until September
30, 2024: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required
under the third and fourth provisos under such heading in the
Department of Housing and Urban Development-Independent
Agencies Appropriations Act, 1989 (Public Law 100-404) as
amended by the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1995 (Public Law 103-327) up to $1,000,000 shall be available
from amounts made available under this heading to make such
grant disbursements: Provided further, That of the amounts
appropriated under this heading, $30,701,000 shall be used for
the projects, and in the amounts, specified in the table under
the heading ``NASA Community Projects/NASA Special Projects''
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That the amounts made available for the projects
referenced in the preceding proviso may not be transferred for
any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law, and environmental compliance
and restoration, $47,300,000, to remain available until
September 30, 2028: Provided, That proceeds from leases
deposited into this account shall be available for a period of
5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2023 in an amount not to exceed
$25,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to
section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of
which $500,000 shall remain available until September 30, 2024.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize
is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any funds transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities shall not increase that account by
more than 50 percent and any funds transferred to or within
``Exploration'' for Exploration Ground Systems shall not
increase Exploration Ground Systems by more than $49,300,000.
Balances so transferred shall be merged with and available for
the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to
this provision shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2023 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
provision shall retain its original availability and shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as
well as any subsequent change of an amount established in that
spending plan that meets the notification requirements of
section 505 of this Act, shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year Construction
and Environmental Compliance and Restoration (CECR)
appropriation may be applied to CECR projects funded under
previous years' CECR appropriations. Use of current-year funds
under this provision shall be treated as a reprogramming of
funds under section 505 of this act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics
Engagement'' (``STEM Engagement''), up to $5,000,000 shall be
available to jointly fund, with an additional amount of up to
$1,000,000 each from amounts made available in this Act under
the headings ``Science'', ``Aeronautics'', ``Space
Technology'', ``Exploration'', and ``Space Operations'',
projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including
Minority Serving Institutions.
Section 30102(b) of title 51, United States Code, is amended
by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
``(3) Information technology (it) modernization.--The
fund shall also be available for the purpose of funding
IT Modernization activities, as described in section
1077(b)(3)(A)-(E) of Public Law 115-91, on a non-
reimbursable basis.''.
Not to exceed $18,162,000 made available for the current
fiscal year in this Act within ``Safety, Security and Mission
Services'' may be transferred to the Working Capital Fund of
the National Aeronautics and Space Administration. Balances so
transferred shall be available until expended only for
activities described in section 30102(b)(3) of title 51, United
States Code, as amended by this Act, and shall remain available
until expended. Any transfer pursuant to this provision shall
be treated as a reprogramming of funds under section 505 of
this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86-209 (42 U.S.C. 1880 et seq.); services as authorized by
section 3109 of title 5, United States Code; maintenance and
operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $7,021,136,000, to remain available until September 30,
2024, of which not to exceed $640,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and other
National Science Foundation supported research facilities may
be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $187,230,000, to remain
available until expended.
stem education
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as authorized
by section 3109 of title 5, United States Code, authorized
travel, and rental of conference rooms in the District of
Columbia, $1,154,000,000, to remain available until September
30, 2024.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles;
uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; rental of conference
rooms in the District of Columbia; and reimbursement of the
Department of Homeland Security for security guard services;
$448,000,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided
further, That contracts may be entered into under this heading
in fiscal year 2023 for maintenance and operation of facilities
and for other services to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $5,090,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $23,393,000,
of which $400,000 shall remain available until September 30,
2024.
administrative provisions
(including transfers of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
There is hereby established in the Treasury of the United
States a fund to be known as the ``National Science Foundation
Nonrecurring Expenses Fund'' (the Fund). Unobligated balances
of expired discretionary funds appropriated for this or any
succeeding fiscal year from the General Fund of the Treasury to
the National Science Foundation by this or any other Act may be
transferred (not later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available
for the purposes for which appropriated) into the Fund. Amounts
deposited in the Fund shall be available until expended, and in
addition to such other funds as may be available for such
purposes, for information and business technology system
modernization and facilities infrastructure improvements,
including nonrecurring maintenance, necessary for the operation
of the Foundation or its funded research facilities, subject to
approval by the Office of Management and Budget. Amounts in the
Fund may be obligated only after the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use of
funds.
This title may be cited as the ``Science Appropriations Act,
2023''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $14,350,000:
Provided, That none of the funds appropriated in this paragraph
may be used to employ any individuals under Schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission:
Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a): Provided further,
That notwithstanding the preceding proviso, $2,000,000 shall be
used to separately fund the Commission on the Social Status of
Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil
Rights Act of 1991, the Genetic Information Nondiscrimination
Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act
of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay
Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; nonmonetary awards to private
citizens; and up to $31,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$455,000,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That
the Chair may accept and use any gift or donation to carry out
the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as
authorized by section 3109 of title 5, United States Code, and
not to exceed $2,250 for official reception and representation
expenses, $122,400,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$560,000,000, of which $516,100,000 is for basic field programs
and required independent audits; $5,700,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$26,200,000 is for management and grants oversight; $5,000,000
is for client self-help and information technology; $5,000,000
is for a Pro Bono Innovation Fund; and $2,000,000 is for loan
repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the
Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal
Services Corporation shall be considered an agency of the
United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2022 and 2023, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$61,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including transfers,
$15,000,000, to be derived from the Trade Enforcement Trust
Fund: Provided, That any transfer pursuant to subsection (d)(1)
of such section shall be treated as a reprogramming under
section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $7,640,000, of which $500,000 shall
remain available until September 30, 2024: Provided, That not
to exceed $2,250 shall be available for official reception and
representation expenses: Provided further, That, for the
purposes of section 505 of this Act, the State Justice
Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2023, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates or initiates a new program, project,
or activity; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project, or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this
Act shall be used to purchase items that are manufactured,
produced, or assembled in the United States, its territories or
possessions.
(2) The term ``promotional items'' has the meaning given the
term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at
the account level. For unobligated, uncommitted balances and
unobligated, committed balances the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly
reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or
agency shall fulfill such aspect to the maximum extent
practicable under such accounting system and shall identify and
describe in each quarterly report the extent to which such
aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent, personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of
Commerce, this section shall also apply to actions taken for
the care and protection of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$1,900,000,000 shall not be available for obligation until the
following fiscal year: Provided, That notwithstanding section
1402(d) of such Act, of the amounts available from the Fund for
obligation: (1) $10,000,000 shall be transferred to the
Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes
associated with this section; and (2) 5 percent shall be
available to the Office for Victims of Crime for grants,
consistent with the requirements of the Victims of Crime Act,
to Indian Tribes to improve services for victims of crime.
Sec. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant
to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the
Secretary, Attorney General, Administrator, Director, or
President, as appropriate, shall make the results of the audit
available to the public on the Internet website maintained by
the Department, Administration, Foundation, or Corporation,
respectively. The results shall be made available in redacted
form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the
Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no
funds derived from the grant or contract will be made available
through a subcontract or in any other manner to another person
who has a financial interest in the person awarded the grant or
contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined
for security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
and the Federal Bureau of Investigation (FBI) to inform
acquisition decisions for high-impact and moderate-
impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the FBI and other
appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of
cyber-espionage or sabotage associated with the
acquisition of such system, including any risk
associated with such system being produced,
manufactured, or assembled by one or more entities
identified by the United States Government as posing a
cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's
Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI,
and supply chain risk management experts, a mitigation
strategy for any identified risks;
(2) determined, in consultation with NIST and the
FBI, that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United
States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit
Reporting Act; The National Security Act of 1947; USA PATRIOT
Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent or more, the
program manager shall immediately inform the respective
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such
increase, and shall include in such notice: the date on which
such determination was made; a statement of the reasons for
such increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2023 until the enactment of the Intelligence Authorization
Act for fiscal year 2023.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 111(a) of
division B of Public Law 116-93, $50,000,000 are hereby
permanently rescinded not later than September 30, 2023.
(b) Of the unobligated balances from prior year
appropriations available to the Department of Commerce under
the heading ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000 are hereby
permanently rescinded, not later than September 30, 2023.
(c) Of the unobligated balances from prior year
appropriations available to the Department of Justice, the
following funds are hereby permanently rescinded, not later
than September 30, 2023, from the following accounts in the
specified amounts--
(1) ``State and Local Law Enforcement Activities,
Office on Violence Against Women, Violence Against
Women Prevention and Prosecution Programs'',
$15,000,000;
(2) ``State and Local Law Enforcement Activities,
Office of Justice Programs'', $75,000,000; and
(3) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $15,000,000.
(d) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently
rescinded, not later than September 30, 2023, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $705,768,000; and
(2) ``Legal Activities, Assets Forfeiture Fund'',
$500,000,000.
(e) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than September
1, 2023, specifying the amount of each rescission made pursuant
to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and
(d) shall not be from amounts that were designated by the
Congress as an emergency or disaster relief requirement
pursuant to the concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and (d)
shall not be from--
(1) amounts provided under subparagraph (Q) of
paragraph (1) under the heading ``State and Local Law
Enforcement Activities--Office of Justice Programs--
State and Local Law Enforcement Assistance'' in title
II of division B of Public Law 117-103; or
(2) amounts provided under paragraph (7) under the
heading ``State and Local Law Enforcement Activities--
Community Oriented Policing Services--Community
Oriented Policing Services Programs'' in title II of
division B of Public Law 117-103.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who are
stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel
and the majority of Federal employees in attendance are
law enforcement personnel stationed outside the United
States; or
(2) such conference is a scientific conference and
the department or agency head determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the House of
Representatives and the Senate within at least 15 days
of that determination and the basis for that
determination.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department, agency,
or instrumentality will take to resolve undisbursed
balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in
expired grant accounts.
(3) Identification of undisbursed balances in expired
grant accounts that may be returned to the Treasury of
the United States.
(4) In the preceding 3 fiscal years, details on the
total number of expired grant accounts with undisbursed
balances (on the first day of each fiscal year) for the
department, agency, or instrumentality and the total
finances that have not been obligated to a specific
project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to develop,
design, plan, promulgate, implement, or execute a bilateral
policy, program, order, or contract of any kind to participate,
collaborate, or coordinate bilaterally in any way with China or
any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of
enactment of this Act.
(b) None of the funds made available by this Act may be used
to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national
security or economic security implications to China or
a Chinese-owned company; and
(2) will not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of the
activity, its agenda, its major participants, and its location
and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit spending
plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after the
date of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not meet
the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act to
the Department of Justice may be used, with respect to any of
the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming, or with respect to the
District of Columbia, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, or Puerto
Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the
Senate on any official travel to China by any employee of such
Department or agency, including the purpose of such travel.
Sec. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the Public
Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for
assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1993 Small Area Income and Poverty Estimates,
the 2000 decennial census, and the most recent Small Area
Income and Poverty Estimates, or any Territory or possession of
the United States.
Sec. 534. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 536. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model
of shotgun, in the same configuration, had been denied
by the Attorney General prior to January 1, 2011, on
the basis that the shotgun was not particularly
suitable for or readily adaptable to sporting purposes.
Sec. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 539. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as
of September 30, 2023, from amounts made available to ``Office
of the United States Trade Representative--Salaries and
Expenses'' in title IX of the United States-Mexico-Canada
Agreement Implementation Act (Public Law 116-113), are hereby
rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this subsection
is hereby appropriated on September 30, 2023, for an additional
amount for fiscal year 2023, to remain available until
September 30, 2024, and shall be available for the same
purposes, in addition to other funds as may be available for
such purposes, and under the same authorities for which the
funds were originally provided in Public Law 116-113, except
that all references to ``2023'' under such heading in Public
Law 116-113 shall be deemed to refer instead to ``2024''.
(b) The remaining unobligated balances of funds as of
September 30, 2023, from amounts made available to ``Office of
the United States Trade Representative--Trade Enforcement Trust
Fund'' in title IX of the United States-Mexico-Canada Agreement
Implementation Act (Public Law 116-113), are hereby rescinded,
and an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby
appropriated on September 30, 2023, for an additional amount
for fiscal year 2023, to remain available until September 30,
2024, and shall be available for the same purposes, in addition
to other funds as may be available for such purposes, and under
the same authorities for which the funds were originally
provided in Public Law 116-113, except that the reference to
``2023'' under such heading in Public Law 116-113 shall be
deemed to refer instead to ``2024''.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e)
of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
(d) Each amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(e) of H. Res. 1151 (117th Congress), as engrossed in
the House of Representatives on June 8, 2022.
Sec. 541. Funds made available to the Department of Commerce
and under the heading ``Department of Justice--Federal Bureau
of Investigation--Salaries and Expenses'' in this Act and any
remaining unobligated balances of funds made available to the
Department of Commerce and under the heading ``Department of
Justice--Federal Bureau of Investigation--Salaries and
Expenses'' in prior year Acts, other than amounts designated by
the Congress as being for an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, shall be available
to provide payments pursuant to section 901(i)(2) of title IX
of division J of the Further Consolidated Appropriations Act,
2020 (22 U.S.C. 2680b(i)(2)): Provided, That payments made
pursuant to the matter preceding this proviso may not exceed
$5,000,000 for the Department of Commerce and $5,000,000 for
the Federal Bureau of Investigation.
Sec. 542. (a) None of the funds in this Act may be used for
design or construction of the Mobile Launcher 2 until 30 days
after the Administrator of the National Aeronautics and Space
Administration (the ``Administrator'') submits a plan to the
Committees on Appropriations of the House of Representatives
and the Senate (the ``Committees''), the Government
Accountability Office, and the Office of Inspector General of
the National Aeronautics and Space Administration detailing a
cost and schedule baseline for the Mobile Launcher 2. Such plan
shall include each of the requirements described in subsection
(c)(2) of section 30104 of title 51, United States Code, as
well as an estimated date for completion of design and
construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of
the National Aeronautics and Space Administration on steps
taken to implement such plan.
Sec. 543. (a)(1) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available
from the Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Fund for fiscal year 2023 pursuant to
paragraphs (1) and (2) of section 102(a) of the CHIPS Act of
2022 (division A of Public Law 117-167), including the transfer
authority in such paragraphs of that section of that Act, to
the accounts specified, in the amounts specified, and for the
projects and activities specified, in the table titled
``Department of Commerce Allocation of National Institute of
Standards and Technology Funds: CHIPS Act Fiscal Year 2023'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of
Commerce shall allocate amounts made available from the Public
Wireless Supply Chain Innovation Fund for fiscal year 2023
pursuant to section 106 of the CHIPS Act of 2022 (division A of
Public Law 117-167), including the transfer authority in
section 106(b)(2) of that Act, to the accounts specified, in
the amounts specified, and for the projects and activities
specified, in the table titled ``Department of Commerce
Allocation of National Telecommunications and Information
Administration Funds: CHIPS Act Fiscal Year 2023'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of
the National Science Foundation shall allocate amounts made
available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Workforce and Education Fund
for fiscal year 2023 pursuant to section 102(d)(1) of the CHIPS
Act of 2022 (division A of Public Law 117-167), to the account
specified, in the amounts specified, and for the projects and
activities specified in the table titled ``National Science
Foundation Allocation of Funds: CHIPS Act Fiscal Year 2023'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(a)(2)(A) of the CHIPS Act of 2022 or under section
102(d)(2) of such Act if there is in effect an Act making or
continuing appropriations for part of a fiscal year for the
Departments of Commerce and Justice, Science, and Related
Agencies: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing
administration of programs allocated funds from the CHIPS for
America Fund, which may be allocated only in amounts that are
no more than the allocation for such purposes in subsection (a)
of this section.
(c) Subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations of
the House of Representatives and the Senate, and subject to the
terms and conditions in section 505 of this Act--
(1) the Secretary of Commerce may reallocate funds
allocated to Industrial Technology Services for section
9906 of Public Law 116-283 by subsection (a)(1) of this
section; and
(2) the Director of the National Science Foundation
may reallocate funds allocated to the CHIPS for America
Workforce and Education Fund by subsection (a)(3) of
this section.
(d) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of Commerce and
the Director of the National Science Foundation, as
appropriate, shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate
proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made
available under section 102(a)(2) and section 102(d)(2) of the
CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Fund for amounts
allocated pursuant to subsection (a)(1) of this section, the
status of balances of projects and activities funded by the
Public Wireless Supply Chain Innovation Fund for amounts
allocated pursuant to subsection (a)(2) of this section, and
the status of balances of projects and activities funded by the
CHIPS for America Workforce and Education Fund for amounts
allocated pursuant to subsection (a)(3) of this section,
including all uncommitted, committed, and unobligated funds.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division B contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S7898 of
Book I.
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DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 117-395
(``the House report'') carries the same weight as language
included in this joint explanatory statement and should be
complied with unless specifically addressed to the contrary in
this joint explanatory statement or the act. The explanatory
statement, while repeating some language for emphasis, is not
intended to negate the language referred to above unless
expressly provided herein. In cases where the House report
directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations (``the Committees'').
Each department and agency funded in this act shall follow
the directions set forth in this act and the accompanying
explanatory statement and shall not reallocate resources or
reorganize activities except as provided herein. Reprogramming
procedures shall apply to: funds provided in this act;
unobligated balances from previous appropriations acts that are
available for obligation or expenditure in fiscal year 2023;
and non-appropriated resources such as fee collections that are
used to meet program requirements in fiscal year 2023. These
procedures are specified in section 505 of this act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or in
the House report and not changed by this act, shall be
construed as the position of the Congress and shall not be
subject to reductions or reprogramming without prior approval
of the Committees. Further, any department or agency funded in
this act that plans a reduction-in-force shall notify the
Committees by letter no later than 30 days in advance of the
date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile the
differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2023, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 528 of this act, each department
and agency funded in this act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after the date of
enactment of this act.
The Government Accountability Office (GAO) shall conduct
ongoing reviews of large National Aeronautics and Space
Administration (NASA) projects and major research equipment and
facilities construction at the National Science Foundation,
with reports to the Committees on a semiannual basis. The
agencies shall provide access to all necessary data, as
determined by GAO, in order for these reviews to be completed
and provided to the Committees in a timely manner.
The departments and agencies funded in this act are
directed to submit reports by the deadlines detailed herein or
to provide advance notification if there is sufficient reason
why deadlines cannot be met, along with the expected date of
submission.
Some enduring reporting requirements from previous
appropriations laws may no longer be necessary for
congressional oversight purposes. In the interest of reducing
government waste and expediting responses to current report
mandates, each department or agency is invited to submit a list
of reporting requirements that it considers outdated or no
longer relevant for the review of the Committees. Any list
submitted for review shall cite the original authority, as well
as a justification for eliminating each reporting requirement.
For fiscal year 2023, all agencies and departments funded
in this act are directed to follow prior year direction adopted
in Public Law 116-93, on the following topics for this fiscal
year: ``Fighting Waste, Fraud, and Abuse,'' ``Federal Vehicle
Fleet Management,'' ``Reducing Duplication and Improving
Efficiencies,'' ``Reprogrammings, Reorganizations, and
Relocations,'' ``Congressional Budget Justifications,''
``Reporting Requirements,'' and ``Reductions-in-Force.''
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $625,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $12,000,000 in estimated fee collections, resulting
in a direct appropriation of $613,000,000.
For fiscal year 2023, ITA is directed to continue following
the directives under the heading ``General Data Protection
Regulation'' in the Senate Report 116-127 and adopted by Public
Law 116-93, as well as the directive in the joint explanatory
statement accompanying Public Law 117-103 on ``Quad Strategic
Partnership.''
Global Markets.--The agreement directs ITA to continue to
follow the directives contained in the joint explanatory
statement accompanying Public Law 117-103 under the heading
``Global Markets'' for fiscal year 2023, and further directs
ITA to provide the Committees with a detailed spending plan of
the Global Markets funding described under that heading. The
spending plan shall include a staffing plan and a justification
for the establishment of any new office and shall be submitted
to the Committees no later than 180 days after enactment of
this act.
Trade Opportunities for Rural Businesses.--The agreement
provides no less than $1,500,000, an increase of $1,000,000
above the fiscal year 2022 enacted level, within Global Markets
to support rural export centers.
Antidumping and Countervailing Duties (AD/CVD) Evasion.--
ITA is directed to submit a report to the Committees, within
180 days of enactment of this act, outlining ITA's efforts to
counteract the use of third countries for transshipment by
state-backed industries and producers to evade U.S. AD/CVD
laws. Within that report, ITA is encouraged to identify
congressional actions that would be beneficial to counteracting
these actions.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $191,000,000 for the Bureau of
Industry and Security (BIS), an increase of $50,000,000 above
the fiscal year 2022 enacted level.
For fiscal year 2023, BIS is directed to continue following
the directives and reporting requirements in the joint
explanatory statement accompanying Public Law 116-260 on
``Export Control Regulatory Compliance Assistance'' and the
directives in the joint explanatory statement accompanying
Public Law 117-103 on ``Information and Communications
Technology and Services Supply Chain.'' Additionally, in fiscal
year 2023, BIS shall continue to provide the quarterly report
on section 232 exclusion requests as described in the joint
explanatory statement accompanying Public Law 116-6.
Enforcement of Russia Export Controls.--The agreement
continues its support for BIS's aggressive enforcement of
Russian and Belarussian export controls and other BIS efforts
to counter Russia's invasion of Ukraine. The agreement
recognizes that BIS received $22,100,000 for these efforts in
fiscal year 2022 in division N of Public Law 117-103. The
agreement supports the continuation of these efforts within the
funds provided.
Economic Development Administration
The agreement includes $498,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $430,000,000 for Economic
Development Assistance Programs (EDAP). EDA is expected to
coordinate with regional development organizations, business
incubators, colleges, public-private partnerships and state and
local governments and other stakeholders to address some of the
pressing issues that challenge economic development in
distressed communities across the country. As in prior years,
the agreement directs EDA to consider geographic equity in
making all award decisions and to ensure that rural projects
are adequately represented among those selected for funding.
Any deviation of funds shall be subject to the procedures set
forth in section 505 of this Act. Funds are to be distributed
as follows:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Public Works............................................... $121,500
Partnership Planning....................................... 36,000
Technical Assistance....................................... 14,000
Research and Evaluation.................................... 2,000
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 39,500
Assistance to Energy Transition Communities................ 69,000
Regional Innovation Program Grants......................... 50,000
Recompete Pilot Program.................................... 41,000
Regional Technology Innovation Hubs........................ 41,000
STEM Apprenticeship Program................................ 2,500
============
Total, Economic Development Assistance Programs.......... $430,000
------------------------------------------------------------------------
Outdoor Economy.--The agreement encourages EDA to consider
projects that support outdoor recreation when consistent with a
region's Comprehensive Economic Development Strategy, as well
as projects that promote innovation in communities and regions
that have been adversely impacted by changes in the timber and
pulp marketplaces and to support projects that help these
communities develop related industries, including
commercialization of new forest products using low-grade wood.
Aeronautics.--The agreement encourages EDA to support
communities looking to expand the presence of aeronautics-
related industries.
Technical Assistance.--EDA is encouraged to identify and
provide technical assistance to eligible entities, consistent
with the NATIVE Act (Public Law 114-221).
Economic Adjustment Assistance.--EDA shall continue to
follow direction contained in the joint explanatory statement
accompanying division B of Public Law 116-260, in the paragraph
entitled ``Economic Adjustment Assistance.''
Assistance to Energy Transition Communities.--Within the
funds provided for Assistance to Energy Transition Communities,
the agreement provides $48,000,000 for assistance to coal
communities, and affirms the House language on this topic. Also
within Assistance to Energy Transition Communities, the
agreement provides $16,500,000 for assistance to nuclear power
plant closure communities and $4,500,000 for assistance to
biomass power plant closure communities.
Regional Innovation Program (RIP).--The agreement provides
$50,000,000 for RIP grants, also referred to as Build to Scale
(B2S). Of this amount, no less than $40,000,000 shall be for
the i6 Challenge and no less than $8,000,000 shall be for Seed
Fund Support. EDA shall continue to ensure that RIP awards go
to multiple grantees in diverse geographic areas and increase
its focus on organizations and States that have not previously
received funding from the program. Within funds provided for
RIP, EDA shall award not less than 40 percent of grants to
support rural communities. Additionally, EDA is directed to
provide in its fiscal year 2023 spending plan a detailed
justification for any funding that is intended to be used to
support a B2S Industry Challenge in fiscal year 2023. EDA shall
continue to ensure that RIP awards go to multiple grantees in
multiple and diverse geographic areas, including an increased
focus on organizations and States, and regions within States,
that have not previously received funding from the program.
Furthermore, within funds provided for RIP, EDA shall award not
less than 40 percent of grants to support rural communities.
Persistent Poverty.--The agreement retains the House
definition of the term ``high poverty area.'' In lieu of the
reporting requirement contained in the House report the
agreement directs the Department, in its fiscal year 2024
budget request, to provide to the Committees on Appropriations
a plan for developing and implementing additional measures to
increase the share of investments from all EDA programs in
persistent poverty counties, high-poverty areas, and any other
impoverished communities that EDA determines to be appropriate
areas to target. The agreement also directs EDA to explain, in
the case of any EDA program for which at least 10 percent of
the funds allocated in fiscal year 2022 were not allocated to
persistent poverty counties, why such benchmark was unable to
be met and what steps are being taken to meet it in fiscal year
2023.
Coordinating Federal Resources.--The agreement encourages
EDA to improve collaboration with the Department of Housing and
Urban Development and the Department of Agriculture to help
local communities maximize Federal economic development
resources.
Program Duplication.--EDA is directed to continue its
efforts under the paragraph entitled ``Program Duplication'' in
division B of the joint explanatory statement accompanying
Public Law 117-103.
SALARIES AND EXPENSES
The agreement includes $68,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $70,000,000 for the Minority
Business Development Agency (MBDA), an increase of $15,000,000
above the fiscal year 2022 level. The increased funding
provided shall be used to cover the requested adjustments to
base costs, among other programmatic increases. The agreement
directs the agency to expedite its efforts to fill all
outstanding vacancies.
Further, House language regarding ``Native American
Business Development'' and ``Minority Serving Institutions
Entrepreneurship Pilot'' is modified to encourage MBDA to
provide up to $5,000,000 for the former and up to $3,000,000
for the latter.
Business Center and Specialty Project Center Programs.--The
House funding level for ``Business Center and Specialty Project
Center Programs'' is not adopted. Instead, the agreement
supports the goal of expanding the Business Center and
Specialty Projects Center programs to every state, as well as
expanding the level of service provided by new and existing
centers, as requested.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $130,000,000 for Economic and
Statistical Analysis (ESA).
The agreement provides not less than $1,500,000 to continue
implementing the Outdoor Recreation Jobs and Economic Impact
Act of 2016 (Public Law 114-249). For fiscal year 2023, ESA is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 116-260 on ``Outdoor Recreation Satellite Account.''
Commodity Checkoff Programs.--The Department is encouraged
to maximize the effectiveness of its concrete masonry checkoff
program by developing administrative remedies, where
practicable, to ensure program resources are fully utilized for
their intended purpose.
Bureau of the Census
The agreement includes $1,485,000,000 for the Bureau of the
Census (``Census Bureau'').
CURRENT SURVEYS AND PROGRAMS
The bill provides $330,000,000 for the Current Surveys and
Programs account. Within the funds provided, the agreement
supports the Current Population Survey.
PERIODIC CENSUSES AND PROGRAMS
The bill provides $1,155,000,000 in direct appropriations
for the Periodic Censuses and Programs account. For fiscal year
2023, the Census Bureau is directed to continue following the
directives and reporting requirements in the joint explanatory
statement accompanying Public Law 116-260 on ``Ensuring the
Integrity and Security of Surveys and Data,'' ``Utilizing
Libraries and Community Partners for Census Surveys,'' and
``American Community Survey.''
Disclosure Avoidance.--The agreement directs the Census
Bureau to work closely with its advisory committees,
stakeholders representing public interests, and the data user
community to ensure the availability of useful data products,
especially for population groups in rural and remote areas,
while protecting the confidentiality of personal data. The
Census Bureau shall continue to consult regularly with data
users on disclosure avoidance methods under consideration for
all data products and programs.
Race and Ethnicity Data Accuracy.--The Census Bureau is
directed to provide a report to the Committees, no later than
180 days after enactment of this act, on its plan for
implementing updated race and ethnicity questions for its
surveys, including the American Community Survey and the 2030
Decennial Census, and whether the Census Bureau believes that
additional testing is necessary.
Ask U.S. Panel Survey.-- The Census Bureau is directed to
provide a report to the Committees, no later than 90 days
following enactment of this act, on the Ask U.S. Panel Survey's
methodology, data collection processes, implementation,
incurred and projected costs, procurement strategy, and plans
to address any recommendations made by the Inspector General.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $62,000,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The agreement retains language from
previous years for reimbursements for the coordination of
spectrum management, analysis, and operations, and directs NTIA
to submit a report to the Committees no later than June 1,
2023, detailing the collection of reimbursements from other
agencies.
Office of Internet Connectivity and Growth.--As programs
associated with the Broadband Equity, Access, and Deployment
(BEAD) program are implemented, NTIA is directed to capture in
its annual Access Broadband report the amount of funds
previously invested by agencies over the past decade for
broadband program implementation, as well as the efforts of
States to deploy broadband technologies and the outcomes
associated with the significant investment through BEAD in
providing unserved and underserved areas access to broadband.
Broadband Investments under the Infrastructure Investment
and Jobs Act (IIJA).--Under Public Law 117-58, the NTIA will
distribute $42,500,000,000 to build broadband infrastructure in
unserved and underserved areas. However, NTIA must rely on the
Federal Communications Commission (FCC) for the updated maps to
determine how to apply the formula that will distribute the
majority of the IIJA broadband funds to States to address
accessibility. The FCC unveiled a pre-production draft of the
new broadband maps on November 18, 2022. In light of this
development, the agreement encourages NTIA to prepare each
State so that it can rapidly deploy the funding provided by
Public Law 117-58 once the maps are completed and State
deployment plans are approved, and directs NTIA to submit a
report to the Committees, no later than 60 days after the date
of enactment of this act, detailing the steps it has taken to
coordinate with States to prepare for funding distribution and
how NTIA interacts with the FCC to carry out its
responsibilities to implement the Deployment Locations Map
pursuant to section 60105 of Public Law 117-58.
Rural Broadband Coordination.--The agreement continues
prior year direction to NTIA to coordinate with other related
Federal agencies, as well as the rural communications industry,
to identify and pursue ways to continue sustainable broadband
deployment and adoption, and to ensure that policies tied to
one Federal program do not undermine the objectives and
functionality of another.
911 Training Grants.--The House direction regarding ``911
Training Grants'' is adopted with the clarification that the
plan is encouraged to be included in future budget requests.
Spectrum Management for Science.--The agreement encourages
NTIA, in coordination with the FCC and other appropriate
stakeholders, to preserve spectrum access for scientific
purposes as commercial use of radio spectrum increases.
Federal Spectrum Management.--The agreement directs NTIA to
continue to evaluate options for repurposing spectrum for
broadband in support of making 500 megahertz (MHz) of spectrum
available for wireless broadband use and to provide annual
updates on the progress in making 500 MHz of spectrum available
for commercial mobile use, including the strategy for freeing
up additional spectrum from Federal agencies.
Policy and Technical Training.--The agreement provides up
to $289,000 for NTIA to work with the FCC and the Department of
State to provide support for activities authorized under
section 7 of Public Law 98-549. As part of these activities,
NTIA may provide assistance and guidance in policy and
technical training to impart best practices to information
technology professionals from developing countries.
Tribal Broadband Connectivity Program.--The agreement
directs NTIA to continue engaging with eligible entities of the
Tribal Broadband Connectivity Program to ensure the full
potential of the investments made in IIJA and the Consolidated
Appropriations Act, 2021 (Public Law 116-260) in these
communities is realized.
PUBLIC WIRELESS SUPPLY CHAIN INNOVATION FUND
Section 9202(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4652(a)(1)) established the Public Wireless Supply Chain
Innovation Fund. The agreement allocates the funds according to
the amounts listed in the following table.
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION FUNDS: CHIPS ACT FISCAL YEAR 2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount
------------------------------------------------------------------------
Public Wireless Supply Chain Innovation Fund............... $1,1330,000
Administrative Expenses.................................. (67,500)
============
Office of the Inspector General, Salaries and Expenses..... 20,000
Total.................................................... $1,350,000
------------------------------------------------------------------------
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$4,253,404,000, to be derived from offsetting fee collections
estimated for fiscal year 2023 by the Congressional Budget
Office.
For fiscal year 2023, USPTO is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 117-103 on
``Intellectual Property Attaches'' as well as the directive
included in Senate Report 116-127 and adopted by Public Law
116-93 under the heading ``Intellectual Property Theft.''
National Institute of Standards and Technology
The agreement includes $1,627,285,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $953,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account. House
funding levels for programs in STRS are not adopted, rather the
agreement provides increases above the fiscal year 2022 enacted
level of up to: (1) $2,000,000 for Supporting the American
Bioeconomy; (2) $5,000,000 for NIST Center for Neutron Research
Controls and Corrective Actions; (3) $2,000,000 for the iEdison
System; (4) $2,500,000 for NIST's Diversity, Equity, and
Inclusion initiatives; (5) $5,000,000 for Measurement Service
Modernization; and (6) $8,000,000 for Standards for Critical
and Emerging Technologies. The agreement also provides no less
than the fiscal year 2022 enacted level for Disaster Resilience
Research Grants. In addition, the agreement adopts House
direction on ``Quantum Information Science'' and provides no
less than $54,000,000 for these activities.
Climate and Energy Measurement, Tools, and Testbeds.--The
agreement includes an increase of no less than $11,500,000
above the fiscal year 2022 enacted level to support the request
for Climate and Energy Measurement, Tools, and Testbeds. Within
these funds, the agreement includes an increase of $1,500,000
above the fiscal year 2022 enacted level to expand NIST's
research on direct air capture and carbon dioxide removal and
sequestration, including to develop standard reference
materials and standard testing procedures for direct air
capture and to support carbonate materials development,
testing, and certification for construction markets.
In addition, within the funding provided, the agreement
provides $4,000,000 for the establishment of a NIST Center of
Excellence in climate change measurement. The center will
establish national standards and measurements for tracking
climate change and its impact. The center shall be established
in a State with existing requirements to reduce greenhouse
gases and track climate impacts. The institution shall have
established partnerships with national climate offices, as well
as with an established State Climate Office, and shall have
experience conducting comprehensive state climate assessments.
Further, NIST is encouraged to consider an institution with an
existing interdisciplinary research institute that establishes
and coordinates research teams that integrate data from
physical, biological, and social sciences for the purposes of
synthesizing climate data. NIST is encouraged to partner with
an institution that does not currently have a Center of
Excellence.
Forward-Looking Building Standards.--Within funds for
Climate and Energy Measurement, Tools, and Testbeds, the
agreement provides not less than $3,000,000 to continue the
work on ``Forward-Looking Building Standards'' as directed in
the joint explanatory statement accompanying Public Law 117-
103. Further, NIST shall provide technical assistance to
standards developing organizations regarding use of the
identified forward-looking information.
Greenhouse Gas Program and Urban Dome Initiative.--The
agreement adopts House language regarding the ``Greenhouse Gas
Program and Urban Dome Initiative'' and includes up to
$15,000,000 to continue and expand sensor network deployments
and other related activities.
Wildfires and the Wildland-Urban Interface.--The agreement
adopts House direction on ``Wildfires and the Wildland-Urban
Interface'' and, within funding for Climate and Energy
Measurement, Tools, and Testbeds, provides an increase of up to
$1,500,000 above the fiscal year 2022 enacted level for this
purpose.
Public Health Risk to First Responders.--The agreement
includes $3,000,000 for NIST to complete the study of new and
unused personal protective equipment worn by firefighters to
determine the prevalence and concentration of PFAS in the
equipment, as well as the extent to which PFAS may be released
from the gear during normal wear and under what conditions, as
authorized by the Guaranteeing Equipment Safety for
Firefighters Act of 2020 (Public Law 116-283). By the end of
fiscal year 2023, NIST shall provide the Committees with the
final report required under Public Law 116-283 including the
major study findings and recommendations on what additional
research or technical improvements should be pursued to avoid
unnecessary occupational exposure among firefighters to PFAS
through personal protective equipment or related components.
The report should include a comparison to recent peer-reviewed
studies, including those published after 2020.
Artificial Intelligence (AI).--The agreement provides an
increase of no less than $4,000,000 above the fiscal year 2022
enacted level for NIST's AI research and measurement science
efforts. NIST is directed to develop resources for government,
corporate, and academic uses of AI to train and test systems,
model AI behavior, and compare systems. Within the funding
provided, the agreement encourages NIST to continue to meet
growing demand for the Facial Recognition Vendor Test and to
improve the test consistent with prior year direction adopted
in Public Law 117-103.
Algorithmic Bias.--House direction regarding ``Algorithmic
Bias'' is adopted.
Framework for Managing AI Risks.--NIST shall continue the
multi-stakeholder process of developing a framework for
managing risks related to the reliability, robustness, and
trustworthiness of AI systems and shall provide the Committees
with an update on its progress as soon as is practicable.
Cybersecurity.--The agreement adopts House direction on
``Cybersecurity'' and provides an increase of no less than
$7,500,000 above the fiscal year 2022 enacted level for these
activities, including the National Cybersecurity Center of
Excellence (NCCoE). NIST is further directed to support the
National Initiative for Cybersecurity Education (NICE) Regional
Alliances and Multi-stakeholder Partnerships to Stimulate
(RAMPS) Cybersecurity and Workforce Development program as
authorized in the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
In addition, NIST is encouraged to bolster the technology
foundations and put in place the practical steps needed to
ensure the security and integrity of the technology supply
chain, in partnership with the private sector, in accordance
with Executive Order 14028. NIST is also encouraged to reduce
the backlog at the Cryptographic Module Validation Program.
Cybersecurity and Privacy.--The agreement adopts House
direction for ``Cybersecurity and Privacy'' and, from within
funding for Cybersecurity, provides an increase of up to
$2,000,000 above the fiscal year 2022 enacted level to address
the cybersecurity issues facing industrial control systems
devices procured by the Federal government.
Cybersecurity of Genomic Data.--The agreement provides up
to $4,500,000 for NIST and the NCCoE to continue the
cybersecurity of genomic data use case that was initiated in
fiscal year 2021. NIST and NCCoE shall continue to partner with
non-governmental entities that have existing capability to
research and develop state-of-the-art cybersecurity
technologies for the unique needs of genomic and biomedical-
based systems.
Forensic Sciences.--The agreement provides $22,000,000, an
increase of $1,500,000 above the fiscal year 2022 enacted
level, for forensic science research. This includes no less
than $3,500,000 to support the Organization of Scientific Area
Committees and no less than $1,500,000 to support technical
merit evaluations. In addition, NIST is directed to report to
the Committees whether Federal support is necessary for
Standards Development Organizations in order to further advance
the use of forensic standards.
Circular Economy.--The agreement supports NIST's work on
the circular economy and provides an increase of no less than
$1,500,000 above the fiscal year 2022 enacted level for these
activities with plastics and other materials in the supply
chain. Of this amount, up to $1,000,000 is to support further
work on other classes of materials including electronics waste,
battery and solar waste, and other waste streams. In addition,
the agreement provides no less than the fiscal year 2022
enacted level for competitive external grants for academic
institutions to investigate plastic and polymeric materials, as
well as novel methods to characterize both known and newly
developed materials consistent with prior year direction
adopted in Public Law 117-103.
Composites.--NIST is encouraged to develop new composite
technologies to solve problems in the manufacturing space and
related materials industries consistent with prior year
direction adopted in Public Law 117-103.
Regenerative Medicine Standards.--The agreement provides
$3,000,000 for NIST and the Standards Coordinating Body to
continue to develop comprehensive standards for the development
and evaluation of regenerative medicine products to fulfill the
regenerative medicine standards provisions enacted under the
21st Century Cures Act (Public Law 114-255). In addition, the
agreement provides up to $1,500,000 to support the development
of curricula in partnership with academic institutions and
other stakeholders such as through establishment of consortia
for workforce training around the use of regenerative medicine
standards.
Pyrrhotite Testing and Mitigation.--The agreement adopts
the House language regarding ``Pyrrhotite Testing and
Mitigation'' and provides not less than $750,000 for NIST to
continue this work. NIST is also directed to investigate
mitigation strategies for concrete structures that may not yet
have developed cracking but contain pyrrhotite. Additionally,
$4,000,000 is provided for similar work through NIST Community
Project Funding/NIST External Projects.
Graphene Research and Commercialization.--The agreement
provides up to the fiscal year 2022 enacted level for NIST to
fund and pursue graphene research activities with industry and
academic institutions that have expertise, existing
capabilities, and infrastructure related to the commercial
application of graphene.
Robotics Training Center.--The agreement provides up to
$2,000,000 for NIST to establish a robotic training center in
partnership with an academic institution that has expertise in
robotics and automation in the manufacturing sector.
Unmanned Aerial Vehicle (UAV) Challenges and
Credentialing.--The agreement provides no less than the fiscal
year 2022 enacted level for NIST's UAV research challenges and
credentialing program. Within the funding provided, NIST shall
continue to partner with academic institutions to execute UAV
prize-based challenges and to establish the measurements and
standards infrastructure necessary for credentialing remote
pilots.
Malcolm Baldrige Performance Excellence Program.--The
agreement provides $2,700,000 for the Malcolm Baldrige
Performance Excellence Program and encourages the program to
build more partnerships and self-assessment tools to help
organizations with their cybersecurity risk management.
Emerging Industries.--NIST is encouraged to support
emerging industries, including cross-laminated timber.
NIST STRS Community Project Funding/NIST External
Projects.--The recommendation includes $62,532,000 for NIST
STRS Community Project Funding/NIST External Projects as
detailed in the table below. NIST shall provide the amounts
listed in the table and shall perform the same level of
oversight and due diligence as with any other external
partners.
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INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $212,000,000 for Industrial
Technology Services (ITS), including $175,000,000 for the
Hollings Manufacturing Extension Partnership (MEP), an increase
of $17,000,000 above the fiscal year 2022 enacted level, to
respond to the critical national needs of small- and medium-
sized enterprises, including by increasing the number of
enterprises that the program assists. The agreement modifies
House language on ``MEP Supply Chain Database'' to encourage
NIST to support these activities from within available funds.
The agreement also provides $37,000,000 for the
Manufacturing USA Program, an increase of $20,500,000 above the
fiscal year 2022 enacted level. Within the funds identified for
Manufacturing USA, the agreement provides: $20,000,000 to
support a new NIST-funded institute, which shall be broadly
competed, and solicit applications from all focus areas
codified in section 1741 of Public Law 116-92; at least
$10,000,000 to support the existing NIST-funded institute; and
up to $1,500,000 to support the Food and Drug Administration's
participation in biomanufacturing innovation institutes.
Biomanufacturing Capacity.--Within 120 days of enactment of
this act, NIST shall submit a report to the Committees on: (1)
the current biomanufacturing capacity in the United States; (2)
the gaps in biomanufacturing infrastructure; (3) an assessment
of appropriate sites for placement of future domestic
biomanufacturing facilities, including in rural areas; and (4)
related assets and opportunities as appropriate, such as
intellectual property, talent, and technology maturation lost
to other countries over the last 5 years.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement provides $462,285,000 for NIST construction,
an increase of $256,722,000 above the fiscal year 2022 enacted
level. Of this amount, no less than $130,000,000 is provided
for Safety, Capacity, Maintenance, and Major Repairs (SCMMR) to
address the growing backlog of facilities maintenance and
improvements. NIST shall provide quarterly updates to Congress
on the projects funded within this account, to include
milestones and total amount of funding necessary for
completion, as well as an annual report on the state of NIST
facilities and the current maintenance backlog.
NIST Construction Community Project Funding/NIST Extramural
Construction.--The recommendation includes $332,285,000 for
NIST Construction Community Project Funding/NIST Extramural
Construction as detailed in the table below. NIST shall provide
the amounts listed in the table and shall further perform the
same level of due diligence as with any other external
partners.
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CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS) FOR
AMERICA FUND
Division A of Public Law 117-167 established the CHIPS for
America Fund. The agreement allocates the funds according to
the amounts listed in the following table.
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FUNDS: CHIPS ACT FISCAL YEAR 2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount
------------------------------------------------------------------------
Section 9902:
Creating Helpful Incentives to Produce Semiconductors $4,996,400
(CHIPS) for America Fund................................
Administrative Expenses................................ (96,400)
Office of Inspector General, Salaries and Expenses....... 3,600
------------
Total, Section 9902.................................... 5,000,000
============
Section 9906
Industrial Technology Services........................... 1,860,000
Research Acquisitions and Management................... (1,323,000)
Advanced Packaging Manufacturing Program............... (490,000)
Manufacturing USA Institute............................ (47,000)
Scientific and Technology Research & Services............ 138,600
NIST Metrology Program................................. (100,000)
Administrative Expenses................................ (38,600)
Office of Inspector General, Salaries and Expenses....... 1,400
------------
Total, Section 9906.................................... 2,000,000
============
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration
Climate Ready Nation.--The agreement adopts the direction
under the heading ``Climate Ready Nation'' in the House report,
but provides alternate funding levels along with supplementary
direction. The agreement supports the designation of a new
position within Mission Support Executive Leadership as
directed in the House report and provides an increase of up to
$500,000 above the fiscal year 2022 enacted level. As part of
this work, within the Office of Oceanic and Atmospheric
Research (OAR) Climate Laboratories and Cooperative Institutes,
the agreement provides $6,500,000 for Climate Change
Projections out to 2050 to Inform Risk Management, including
$4,000,000 in support of the Water in the West Initiative.
Fire Weather.--The agreement adopts House direction
regarding ``Fire Weather'' and provides an increase of
$7,000,000 above the fiscal year 2022 enacted level for these
initiatives across NOAA. Within these funds, $4,000,000 is
provided in OAR U.S. Weather Research Program to develop a
collaborative and integrated fire weather research program,
including the establishment of a new NOAA Fire Weather Testbed.
Further, within these funds, $3,000,000 is provided within the
National Weather Service (NWS) as follows: $750,000 in Central
Processing; $500,000 in Analyze, Forecast, and Support;
$500,000 in Dissemination; and $1,250,000 in Science and
Technology Integration.
Water in the West Initiative.--The agreement adopts the
House direction under the heading ``Water in the West
Initiative'' and provides no less than $12,213,000 within OAR
for this work, including $8,213,000 in Climate Competitive
Research and $4,000,000 in Climate Laboratories and Cooperative
Institutes. Additionally, up to $1,500,000 is provided for the
National Centers for Environmental Information for data
stewardship and other activities related to this initiative.
Further, within the increase provided to Research
Supercomputing, the Water in the West Initiative shall be
prioritized for the allocation of compute resources.
Subseasonal to Seasonal (S2S) Weather Prediction.--The
agreement provides $12,100,000 across NOAA line offices for its
efforts to improve S2S Weather Prediction. This includes
$5,000,000 in NWS Science and Technology Integration for the
development of the Seasonal Forecast System and $7,100,000 for
the S2S research program in the OAR U.S. Weather Research
Program, including $1,000,000 to seed innovative research
testbeds. As part of these efforts, NOAA is encouraged to
pursue a pilot project for S2S precipitation forecasts for
water management in the western United States. The pilot
project should be carried out in coordination with NWS and
should be focused on achieving measurable objectives for
operational forecast improvement, including forecasts of
seasonal mountain snowpack accumulation and total seasonal
precipitation. The S2S work should be integrated, as much as is
practicable, with the Water in the West Initiative and Fire
Weather.
Healthy Ocean Collaborations.--NOAA is encouraged to pursue
collaborations with academic institutions located in close
proximity to the agency's Disaster Response Center and seafood
safety labs to advance education, training, recruitment, and
research efforts.
National Science Foundation (NSF) Geodetic and Seismic
Networks.--NOAA is encouraged to negotiate a memorandum of
understanding or another funding agreement with the NSF to
support the long-term operation and recapitalization of the
Network of the Americas system important to the agency's
geodetic work and the NSF seismic systems relevant to the
agency's tsunami warning mission.
Adjustments to Base (ATB).--The increased funding provided
shall be used to cover the requested ATB costs, across all NOAA
line offices, among other programmatic increases highlighted
herein.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$4,910,898,000 under this account, including $42,000,000
provided in division N, for NOAA's coastal, fisheries, marine,
weather, satellite, and other programs. This total funding
level includes $4,542,997,000 in direct appropriations, a
transfer of $344,901,000 from balances in the ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'' fund, and $23,000,000 derived from recoveries of
prior year obligations. The following narrative descriptions
and tables identify the specific activities and funding levels
included in this act.
National Ocean Service (NOS).--$679,422,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning................. $184,702
Hydrographic Survey Priorities/Contracts................. 32,500
IOOS Regional Observations............................... 42,500
------------
Navigation, Observations and Positioning:.................. 259,702
============
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration.... 96,500
Competitive Research..................................... 22,500
------------
Coastal Science and Assessment............................. 119,000
============
Ocean and Coastal Management and Services:
Coastal Zone Management and Services..................... 51,220
Coastal Zone Management Grants........................... 81,500
National Oceans and Coastal Security Fund................ 34,000
Coral Reef Program....................................... 33,500
National Estuarine Research Reserve System............... 32,500
Sanctuaries and Marine Protected Areas................... 68,000
------------
Ocean and Coastal Management and Services.................. 300,720
============
Total, National Ocean Service, Operations, Research, $679,422
and Facilities........................................
------------------------------------------------------------------------
Navigation Response Teams.--The agreement provides full
operational funding for NOAA's Navigation Response Teams within
Navigation, Observations and Positioning.
Physical Oceanographic Real-Time System (PORTS) Program.--
The agreement provides no less than the fiscal year 2022
enacted level for PORTS.
Geospatial Modeling Grants.--The agreement provides
$8,000,000 for the Geospatial Modeling Grants program for which
all funding shall be distributed externally.
NOAA Center of Excellence for Operational Ocean and Great
Lakes Mapping.--The agreement provides $10,000,000 for a NOAA
Center of Excellence for Operational Ocean and Great Lakes
Mapping. Working in unison with and leveraging existing
capabilities, including the Joint Hydrographic Center, the
Center shall work across NOAA line offices, including NOS, OAR,
and the Office of Marine and Aviation Operations (OMAO), to
support and grow the Nation's deep water, shallow water, and
coastal mapping capabilities and data holdings, in partnership
with industry. In particular, the Center shall serve as: (1) a
focal point for activities transitioning developments in
mapping platforms, sensors, and concepts of operations into
operations; (2) a focal point for applied training for mapping
and surveying operations, to grow and diversify the pool of
well-qualified talent in this expanding field; (3) an agency-
wide capability to provide technical support for ocean mapping
technologies to operators in the field on an increasingly
diverse set of platforms; and (4) a mechanism to leverage
public-private partnerships in advancing the Nation's ocean and
Great Lakes mapping goals.
Hydrographic Research and Technology Development.--The
agreement provides no less than the fiscal year 2022 enacted
level for the Joint Hydrographic Center and $2,000,000 for NOAA
to continue supporting joint ocean and coastal mapping centers
in other areas of the country.
Ocean Mapping and Coastal Charting.--The agreement provides
no less than the fiscal year 2022 enacted level for NOS to
continue coordinating and implementing an interagency mapping,
exploration, and characterization strategy for the U.S.
Exclusive Economic Zone, as well as the Strategy for Mapping
the Arctic and Sub-Arctic Shoreline and Nearshore of Alaska
consistent with prior year direction adopted in Public Law 117-
103.
Hydrographic Surveys and Contracts.--For fiscal year 2023,
NOS shall follow prior year direction adopted in Public Law
117-103, on the following topics: ``Hydrographic Surveys and
Contracts'' and ``Hydrographic Charting in the Arctic.''
National Water Level Observation Network (NWLON).--The
House funding level for the NWLON is not adopted. No later than
180 days after enactment of this act, NOS is directed to
provide the Committees with a report about the status of the
system including the maintenance backlog and future needs to
inform climate resilience efforts, including cost estimates.
Integrated Ocean Observing System (IOOS).--The agreement
provides $42,500,000 for IOOS to recapitalize and expand
observing system infrastructure based upon the highest priority
needs of each region to support disaster response, weather
forecasting and hurricane prediction, forecasting of freshwater
and marine water quality, detection of harmful algal blooms
(HABs), and safe maritime operations. This may include buoys,
high frequency radar, and underwater profiling gliders. IOOS
regional associations are encouraged to consider leveraging
existing capabilities of the commercial sector, including
uncrewed systems, to meet observational needs through
commercial data buys. The agreement provides not less than
$3,000,000 to continue and expand the IOOS HAB pilot programs
initiated in fiscal year 2020 and to support the existing HAB
monitoring and detection test bed.
Coastal Science, Assessment, Response and Restoration.--The
agreement provides no less than the fiscal year 2022 enacted
level for operations and staffing of the Gulf of Mexico
Disaster Response Center. Additionally, the agreement includes
$1,000,000 above the fiscal year 2022 enacted level for the
Disaster Preparedness Program.
Harmful Algal Blooms.--The agreement provides $22,500,000
for Competitive Research, including not less than $14,000,000
for HABs research, including within the Great Lakes ecosystem,
and adopts House direction for these funds. From within this
funding, $2,000,000 is provided to explore innovative methods
to increase monitoring and detection of HABs in freshwater
systems by partnering with academic institutions with expertise
in unmanned aircraft systems. In addition, NOAA is encouraged
to fund long-term HAB research in the Gulf of Mexico that
further develops ongoing partnerships involving academic
institutions, the private sector, and State governments.
Further, House language is modified to provide up to $1,000,000
to expand both existing and new program support for States to
assess domoic acid levels of HAB species in the marine
environment.
Improving Coastal Resilience.--Within the funding for
Competitive Research, NOAA is encouraged to provide information
and predictive capabilities to coastal communities, especially
those with underserved populations, and to encourage natural-
based solutions to address coastal hazards like sea level rise,
flooding, and inundation.
Red Tide.--House language regarding ``Red Tide'' events is
modified to encourage NOAA to undertake this research within
funds provided.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement provides $1,000,000 for NCCOS's continued
collaboration on research priorities with NOAA's Cooperative
Institute for Research to Operations in Hydrology (CIROH).
In addition, the agreement provides $2,500,000 above the
fiscal year 2022 enacted level within Coastal Science,
Assessment, Response and Restoration to support social and
ecological science to plan and site offshore wind.
Marine Debris.--The agreement provides an increase of
$500,000 above the fiscal year 2022 enacted level for Marine
Debris. NOAA is directed to support competitive extramural
funding programs and the programs authorized in the Save Our
Seas 2.0 Act (Public Law 116-224).
Sea Level Rise and Coastal Resilience.--House language on
``Sea Level Rise and Coastal Resilience'' is adopted in support
of the Climate Ready Nation initiative. For this work, and for
Data Development and Products and Services for Coastal
Resilience, Coastal Hazards, and Climate Adaptation, the
agreement provides an increase of $2,500,000 above the fiscal
year 2022 enacted level, including $1,500,000 in Coastal
Science, Assessment, Response and Restoration and $1,000,000 in
Coastal Zone Management and Services.
Digital Coast.--The agreement provides $3,500,000 for the
implementation of the Digital Coast Act (Public Law 116-223).
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2022 enacted level for NOS to
continue to collaborate on the development and operation of the
IWP program with NWS.
Coral Reef Program.--The agreement provides $33,500,000 for
the Coral Reef Program, including not less than the fiscal year
2022 enacted level for NOS to work with academic institutions
and non-governmental research organizations to carry out
innovative restoration projects to restore degraded coral
reefs. NOAA is encouraged to expand its collaborative work with
external academic partners that conduct scientific research for
the conservation of corals and coral reef ecosystems, including
those that are experiencing an increasing prevalence of disease
outbreaks. Restoration projects should utilize genetic strains
that demonstrate enhanced resiliency to increased water
temperatures, decreased pH, and coral disease, and include
designs for multiyear monitoring to assess survival and
ecosystem health.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $6,142,000 for coral
research and restoration.
Sanctuaries and Marine Protected Areas.--The agreement
provides $68,000,000 for Sanctuaries and Marine Protected
Areas, which is $7,000,000 above the fiscal year 2022 enacted
level. House language on ``Sanctuaries and Marine Protected
Areas'' is adopted and within the increased funding provided,
NOS shall continue to support ongoing sanctuary designation
processes and is encouraged to commence designations of new
sites, in particular within the Great Lakes ecosystem.
Marine National Monuments.--Within funding provided for
Sanctuaries and Marine Protected Areas, up to $1,200,000 may be
used for competitive education, research, and management grants
for existing marine national monuments administered by NOS.
National Marine Fisheries Service (NMFS).--$1,093,347,000
is for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
OPERATIONS, RESEARCH, AND FACILITIES
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species........... $175,255
Species Recovery Grants.................................. 7,250
Atlantic Salmon.......................................... 6,750
Pacific Salmon........................................... 72,000
------------
Protected Resources Science and Management................. 261,255
============
Fisheries Science and Management:........................
Fisheries and Ecosystem Science Programs and Services.... 161,500
Fisheries Data Collections, Surveys, and Assessments..... 203,851
Observers and Training................................... 58,383
Fisheries Management Programs and Services............... 137,750
Aquaculture.............................................. 19,000
Salmon Management Activities............................. 65,250
Regional Councils and Fisheries Commissions.............. 44,297
Interjurisdictional Fisheries Grants..................... 3,377
------------
Fisheries Science and Management........................... 693,408
============
Enforcement................................................ 82,000
============
Habitat Conservation and Restoration....................... 56,684
============
Total, National Marine Fisheries Service, Operations, 1,093,347
Research and Facilities...............................
------------------------------------------------------------------------
For fiscal year 2023, NMFS shall follow prior year
direction and, if applicable, funding levels adopted by Public
Law 117-103 on the following topics: ``Promote and Develop
Fisheries Products and Research Funding Transfer,'' ``NMFS
Staffing,'' ``Electronic Monitoring and Reporting,'' ``For-Hire
Electronic Monitoring and Reporting Implementation,''
``American Lobster and Jonah Crab Research,'' ``Plankton
Recorder Survey,'' ``Cooperative Research,'' ``International
Fisheries Management Coordination,'' ``North Pacific Observer
Coverage,'' ``Bycatch Reduction,'' ``Oyster Aquaculture,
Research, and Restoration,'' ``Chesapeake Bay Oyster
Restoration,'' and ``Cooperative Agreements with States.''
Further, the agreement providesno less than $4,500,000 for the
John H. Prescott Marine Mammal Rescue Assistance Grant Program and also
adopts House language on ``Foreign Fisheries'' and provides $1,150,000
for this purpose.
Saltonstall-Kennedy (S-K) Grant Program.--NMFS is directed
to follow prior year direction adopted by Public Law 117-103 on
``S-K Grant Program.'' In addition, the required spending plan
should include an accounting of the administration of the
regional committees authorized under the American Fisheries
Advisory Committee Act (Public Law 117-121).
National Seafood Council.--No later than 180 days after
enactment of this act, NOAA shall provide the Committees with a
report detailing how the agency would facilitate a National
Seafood Council through the Fisheries Promotion Fund (16 U.S.C.
4008) to support a comprehensive, nationwide seafood marketing
and public education campaign. The report should include an
estimated cost of such a program and explanation of how it
would be different from the S-K Grant Program and other
existing NMFS programs.
Offshore Wind Energy.--The agreement provides a total of
$13,000,000 above the fiscal year 2022 enacted level across
NMFS to address consultation and permitting, stock assessment,
management, and protected resources needs related to the
expansion of offshore wind energy projects. Of this amount,
$1,500,000 is within Marine Mammals, Sea Turtles, and Other
Species; $3,000,000 is within Fisheries and Ecosystem Science
Programs and Services; $5,500,000 is within Fisheries Data
Collections, Surveys, and Assessments; and $3,000,000 is within
Fisheries Management Programs and Services.
Transition to Climate-Ready Fishery Management.--House
language on ``Transition to Climate-Ready Fishery Management''
is modified to encourage NMFS to adapt its fishery management
practices to the reality of the changing climate and to deliver
the climate-informed advice needed for effective marine
resource management in rapidly changing oceans.
NMFS Project Consultations.--The agreement provides an
additional $2,000,000 above the fiscal year 2022 enacted level
for NMFS to address the backlog of consultation requests under
the Endangered Species Act (ESA) (Public Law 93-205) and
authorization requests under the Marine Mammal Protection Act
(MMPA) (Public Law 92-522).
NMFS is directed, in collaboration with the U.S. Army Corps
of Engineers, to provide timely services to, and proactive
communication with, applicants for permits for in-water
construction, and to increase outreach to other relevant
stakeholders, including in the Pacific Northwest. NMFS shall
continue to provide updates to the Committees on a quarterly
basis on these issues.
North Atlantic Right Whales (NARW).--The agreement provides
$6,000,000 above the fiscal year 2022 enacted level for NARW-
related research, monitoring, enforcement, and conservation
efforts. The agreement notes the importance of increasing NARW
monitoring to better understand species abundance and
distribution. Therefore, within the increase provided, not less
than $3,000,000 shall be for monitoring efforts in the Gulf of
Maine, including for aerial surveys, vessel surveys, passive
acoustic monitoring, habitat and plankton monitoring, habitat
modeling, and whale tagging, in conjunction with States and
other relevant stakeholders. Such an effort could support
development of dynamic management strategies. In addition, no
less than $1,500,000 above the fiscal year 2022 enacted level
shall be to support continued development of innovative gear
technology. Research should focus on real world compatibility
and commercialization issues such as gear detection and
conflict avoidance and lobster fishery gear compliance and
enforcement. Further, within additional funding, NOAA is
directed to collaborate with States and other stakeholders to
improve the Decision Support Tool to merge multiple data
streams into a single model with standardized spatial and
temporal domains with a goal of reducing uncertainty. Finally,
NOAA shall continue to support disentanglement, stranding
response, and necropsy activities, and is encouraged to develop
long-term tagging methods.
In addition, the agreement provides $26,000,000 to States
through the Atlantic States Marine Fisheries Commission to
cover costs incurred by the fishing industry to comply with the
final 2021 rule to modify the Atlantic Large Whale Take
Reduction Plan (ALWTRP) (FR-210827-0171), as well as additional
uses outlined below. This amount is $12,000,000 above the
fiscal year 2022 enacted level. This assistance may be used by
the relevant States to help defray the cost of compliance with
new regulations, including for gear modification,
configuration, and marking within the Northeast lobster and
Jonah crab fisheries, both in Federal and State waters.
Additional eligible uses of the funds may include NARW
monitoring to inform State dynamic fisheries management,
innovative gear development, implementing electronic tracking
requirements within the Northeast lobster fishery, and research
to inform future management actions, including in preparation
for potential subsequent modifications to the ALWTRP related to
gillnet and Atlantic mixed species trap/pot fisheries. Funding
to the States shall be proportional to the number of active
federally permitted lobster trap harvesters in each State, and
the allocation details shall be developed by the States through
the Atlantic States Marine Fisheries Commission. Not more than
five percent shall be used for administrative costs.
The agreement notes that NOAA has been delinquent in
responding to an Information Quality Act (Public Law 106-554)
request dated June 7, 2021, for correction under section 515 of
Public Law 106-554. The petitioner has been seeking the
correction of potential flaws in highly influential scientific
assessment that does not meet NOAA's Information Quality
Guidelines. NOAA is directed to respond to the merits of the
petition within 30 days of enactment of this act. Further, NOAA
is encouraged to consider revising the Linden and Pace models
and Decision Support Tool using ``most reasonably certain to
occur'' rather than ``worst case'' scenarios and assumptions
and to incorporate whale behavior and data from broader (and
more representative) time periods to more accurately predict
future NARW populations before issuing any new proposed or
final regulations.
NOAA shall continue to work with Canada to develop risk
reduction measures that are comparable in effectiveness for
both vessels and fisheries, and to incorporate Canadian fishery
measures, Canadian vessel restrictions, and U.S. vessel
restrictions into the evaluations under the Conservation
Framework. NOAA is also encouraged to improve regional
management efforts by including pertinent States and interstate
bodies in bilateral engagements with Canadian officials
regarding coordinated efforts to enhance NARW recovery. NOAA is
further encouraged to work with Canadian and State fisheries
officials to explore the possibility of developing an agreement
that provides for cooperative fisheries management of the Gulf
of Maine.
Southern Resident Killer Whales.--The agreement adopts
House language on ``Southern Resident Killer Whales'' and
provides an increase of $250,000 above the fiscal year 2022
enacted level.
Rice's Whale.--The House language on ``Rice's Whale'' is
modified to encourage this work within available funds.
Protected Species in the Western Pacific.--The agreement
provides not less than $750,000 above the fiscal year 2022
enacted level for Hawaiian monk seals, Hawaiian sea turtles,
and false killer whales. Of the additional funding, not less
than $375,000 shall be made available to support State
activities related to these protected species, and not less
$375,000 shall be used for additional research to mitigate
interactions between fisheries and false killer whales.
Sea Turtle Stranding Response and Rehabilitation.--The
agreement provides $500,000 for NOAA to provide support to
institutions and organizations permitted to provide sea turtle
stranding response and/or rehabilitation. In so doing, NOAA
shall also seek to leverage and strengthen partnerships with
capable university veterinary schools.
Sea Turtle Conservation.--Until a permanent rehabilitation
facility can be established in the Galveston area, NOAA shall
provide access for designated Houston Zoo employees to the
Galveston Sea Turtle Hospital and associated facilities.
Turtle Nesting Grounds in the Western Pacific.--No later
than one year after the date of enactment of this act, NOAA, in
coordination with the U.S. Fish and Wildlife Service, shall
submit a report identifying sea turtle nesting grounds of
concern in the central and western Pacific region and
recommending actions to restore and conserve critical habitat.
Unusual Mortality Events (UME).--In lieu of House language
on the Marine Mammal UME Contingency Fund, NMFS is encouraged
to request funding for the Fund as part of the fiscal year 2024
budget request.
Atlantic Salmon.--NOAA is encouraged to partner with States
and the U.S. Fish and Wildlife Service to develop fish passage
performance standards for sea-run species and prioritize
project selection, funding, and staff resources considering the
benefits of restoring coevolved sea-run species. NOAA is
further directed to ensure that adequate resources continue to
be provided for State agencies to implement the recovery
strategy effectively, including to ensure stable staffing
levels.
Pacific Salmon.--The agreement provides $72,000,000 for
Pacific Salmon, which is $5,000,000 above the fiscal year 2022
enacted level. Within the funding for Pacific Salmon, no less
than $6,000,000, an increase of $1,000,000 above the fiscal
year 2022 enacted level, is to implement Hatchery and Genetic
Management Plans (HGMPs) and to continue to address the backlog
of HGMPs as directed in previous fiscal years. In addition, no
less than the fiscal year 2021 enacted level is provided for
pinniped removals.
Fisheries Surveys.--NMFS is directed to take the necessary
steps to ensure that historical levels of survey coverage are
achieved in fiscal year 2023, and the agreement provides an
additional $6,000,000 above the fiscal year 2022 enacted level
within Fisheries Data Collections, Surveys, and Assessments for
this purpose, including to support the Climate-Ready Fisheries
initiative. NMFS is directed to contract no fewer than six
surveys for Alaskan bottom trawl surveys and cooperative
research, including a survey to capture movement of fish
populations out of historic survey areas, and no fewer than
four vessels for West Coast groundfish surveys. This amount
also fully funds both Northeast Area Monitoring and Assessment
Program (NEAMAP) trawl surveys, including the Maine-New
Hampshire Inshore Trawl Survey, as well as the Southeast Area
Monitoring and Assessment Program's (SEAMAP) existing surveys
and addresses critical data gaps in the bottom longline and
fall trawl surveys in the Gulf Coast States and reef fish in
the South Atlantic region.
NOAA is encouraged to prioritize redundancy for survey
vessels through contracted vessels or data from autonomous
assets through the Autonomous Uncrewed Technology Operations
(AUTO) program. To the extent vessel-based science work is
needed for other programs, including bathymetry and coastal
mapping, if practicable, NOAA is encouraged to fulfill those
needs through private vessel contracts, public-private
partnerships, and platforms other than NOAA research vessels to
allow ample time for surveys and assessments performed by the
NOAA Fleet.
Fishery Data Modernization.--NMFS is encouraged to
implement the recommendations identified at the Fisheries
Information Management Modernization Workshop in 2019, in
particular a Cloud Data Science Platform, a NMFS-wide cloud-
based data science, management, and publishing platform.
Northeast Groundfish Research.--Within funding provided for
Fisheries and Ecosystem Science Programs and Services, the
agreement provides $2,500,000 for groundfish research for
purposes consistent with prior year direction adopted by Public
Law 117-103. Within funding provided, $500,000 shall be
obligated to continue ongoing work on implementing the
recommendations set forth in the New England Fishery Management
Council's Fishery Data for Stock Assessment Working Group
Report, and to continue ongoing work on implementing the
recommendations set forth in the 2020 report of the Groundfish
Trawl Task Force consistent with prior year direction. This
funding is intended to support new and innovative research,
including by the Northeast Fisheries Science Center, separately
by, or in collaboration with, outside partners such as higher
education institutions or State agencies, and in cooperation
with the fishing industry.
Fisheries Information Networks.--The agreement provides no
less than the fiscal year 2022 enacted level for Fisheries
Information Networks. NMFS is encouraged to support the Gulf
States Marine Fisheries Commission to collect samples for
additional species that may be the target of future stock
assessments.
Data Collection for Recreational Fisheries.--House language
on ``Data Collection for Recreational Fisheries'' is adopted.
In addition, NMFS is directed to work with the Gulf States to
develop a pilot study on a Gulf-wide recreational fishing
effort to determine the best mechanism to collect data of the
quality sufficient for management decisions through existing
technologies.
Fisheries Effort Survey (FES).--NMFS is encouraged to
conduct a thorough analysis of the effect of FES estimates on
stock status and allocation before they are used for stock
management.
South Atlantic Reef Fish.--NMFS shall follow prior year
direction adopted by Public Law 117-103 regarding ``South
Atlantic Reef Fish,'' and the agreement provides $1,800,000 for
this purpose. NOAA is directed to follow the guidance of the
South Atlantic Fishery Management Council in identifying the
best research and data collection necessary to better
understand discard rates and mortality in the fishery. Further,
the agreement supports full integration of the South Atlantic
Great Red Snapper Count data into the next stock assessment so
that the South Atlantic Fishery Management Council can
appropriately use this new abundance data when making
management decisions regarding red snapper.
State Management for Recreational Red Snapper.--The
agreement reiterates past direction that successful
implementation of Reef Fish Amendment 50: State Management for
Recreational Red Snapper shall be a top priority for NOAA and
that such efforts should occur in coordination with the Gulf
States. Within the amount provided for Fisheries Data
Collections, Surveys, and Assessments, not less than $5,000,000
is for NMFS to continue to work with the Gulf States to ensure
successful implementation of State management for red snapper.
The agreement supports full integration of the Great Red
Snapper Count data and Gulf States catch data into the upcoming
red snapper research track stock assessment to be completed in
2023 and in the operational assessment that will follow in
2024. NOAA shall delay implementation of recalibration between
sectors until the Gulf of Mexico Fishery Management Council can
appropriately use this new abundance and more targeted catch
data when making management decisions regarding red snapper.
Gulf Reef Fish.--Within funding for Fisheries and Ecosystem
Science Programs and Services, the agreement provides no less
than the fiscal year 2022 enacted level for NMFS to support
Gulf reef fish surveys, research, and sampling.
Gulf of Mexico Fisheries Research.--NMFS is encouraged, via
a partnership with the Gulf States Marine Fisheries Commission,
to provide grants to academic partners, including consortiums
of universities, and other partners to conduct fishery-
independent research on trans-boundary, multi-jurisdictional
fish species in the Gulf of Mexico for which current data is
deficient (e.g., cobia, tripletail, tarpon, and gray
triggerfish), including species that are solely managed by the
Gulf States.
Gulf of Mexico Shrimp Fishing Effort.--Within funds for
Fisheries Data Collections, Surveys, and Assessments, the
agreement provides $850,000 for NMFS, in consultation with the
Gulf of Mexico Fishery Management Council and shrimp industry
stakeholders, to continue the development and implementation of
the newly approved Electronic Logbook program (ELB) that
archives vessel position and automatically transmits scientific
shrimp fishing effort data via cellular service to NMFS.
Northwest Fisheries Ecosystem Monitoring System.--Within
funds for Fisheries Data Collections, Surveys, and Assessments,
the agreement provides $850,000 to maintain a time-series
monitoring system of hydrographic and ecological data to inform
fishery management on the Northern California Current.
Chesapeake Bay Atlantic Menhaden Abundance.--NMFS is
encouraged to collect Atlantic menhaden abundance data in the
Chesapeake Bay in partnership with the Atlantic States Marine
Fisheries Commission and relevant States.
Northeast Multispecies Fishery.--The agreement rejects the
proposed cut to Observers and Training and provides not less
than $5,500,000 for grants to the fishing industry to fully
cover At-Sea Monitoring industry costs, including sector costs,
in the New England groundfish fishery. Any additional At-Sea
Monitoring costs, including shore side infrastructure, observer
training, observer equipment and gear, electronic monitoring,
and NOAA support costs shall be included in the fiscal year
2024 budget request. NOAA shall ensure the costs and benefits
of At-Sea Monitoring are commensurate with the gross revenues
of vessels in the fishery. Before obligating any of these
funds, NOAA shall provide the Committees with a detailed
spending plan.
Observer Data Integration.--The agreement provides $500,000
within Fisheries Management Programs and Services to expedite
efforts to integrate At-Sea Monitoring data into stock
assessment models.
Electronic Vessel Trip Reporting (eVTR).--Within Fisheries
Management Programs and Services, the agreement provides
$250,000 to support improvement and expansion of the eVTR
program.
Fish Stock Movement.--No later than 180 days after
enactment of this act, NMFS shall report to the Committees
about potential options for States to exchange or trade quota
through fishery management councils as fish stocks expand and
shift due to climate change. The report should detail NMFS's
ability to intervene, under existing authority, in allocation
disputes, as well as recommendations for improved coordination
and transparent decision-making among councils, including in
cases where stocks have shifted into waters off States that
currently are not party to the relevant regional fishery
management council.
Harmful West Coast Large Mesh Drift Gillnets.--NMFS is
directed to consult with the Pacific Fishery Management Council
on a strategy to phase out the use of large mesh driftnets and
permit the use of alternative fishing methods to increase the
economic viability of the West Coast-based swordfish fishery
while minimizing bycatch to the maximum extent possible.
Marine Aquaculture.--Within NMFS Aquaculture, the agreement
provides $700,000 above the fiscal year 2022 enacted level for
NOAA to upgrade equipment and to increase the amount of staff
focused on aquaculture at all NMFS fisheries science centers,
including to return staffing levels to those in fiscal year
2010 at the Northeast and Northwest Fisheries Science Centers.
In addition, the agreement provides no less than the fiscal
year 2022 enacted level to continue the multi-year Integrated
Multi-Trophic Aquaculture demonstration pilot system in State
waters of the Gulf of Mexico that was initiated in calendar
year 2021.
Review of Electronic Monitoring Data.--Within funding
provided for Fisheries Management Programs and Services, the
agreement provides $600,000 for the video review of the West
Coast groundfish electronic monitoring data.
Highly Migratory Species (HMS).--The agreement provides
$500,000 above the fiscal year 2022 enacted level for research
grants to improve science-based management of domestic and
international HMS in the Pacific regions and encourages
continued collaboration between Sea Grant and NMFS for
Atlantic, Pacific, and Gulf of Mexico HMS.
Salmon Management Activities.--The agreement provides
$41,000,000 for Pacific Salmon Treaty (PST) activities. Before
funding may be obligated, NOAA is directed to provide the
Committees with a detailed spending plan consistent with prior
year direction adopted in Public Law 117-103. Further, NOAA is
encouraged to minimize, to the extent practicable, the amount
of funds withheld for administrative expenses. The agreement
also provides not less than $23,500,000 for Mitchell Act
hatchery programs. NMFS is directed to continue genetic stock
identification for salmon recovery and management.
Seafood Import Monitoring Program (SIMP).--House language
on ``Seafood Import Monitoring Program'' is adopted, and the
agreement provides an increase of $1,000,000 above the fiscal
year 2022 enacted level for SIMP, established under section 539
of Public Law 115-141. Effective implementation of SIMP is
necessary to enforce the ban on imports of Russian seafood,
which may be relabeled after foreign processing, hiding its
Russian origin.
Illegal, Unregulated, and Unreported (IUU) Fishing.--The
agreement modifies House language to provide no less than
$750,000 for NMFS to further test and evaluate the
effectiveness of U.S. commercial space-based radio frequency
data collection capabilities to track foreign vessels engaged
in IUU fishing activities in the U.S. Exclusive Economic Zone
and other remote maritime regions of economic, environmental,
and national security significance.
Northeast Lobster Enforcement.--The agreement provides not
less than $950,000 for NMFS, in partnership with the relevant
States, Joint Enforcement Agreement partner agencies, and the
Atlantic States Marine Fisheries Commission, to continue the
cooperative offshore lobster enforcement program.
Office of Oceanic and Atmospheric Research (OAR).--
$661,297,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
OPERATIONS, RESEARCH, AND FACILITIES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research:
Climate Laboratories and Cooperative Institutes.......... $104,102
Regional Climate Data and Information.................... 47,932
Climate Competitive Research............................. 72,116
------------
Climate Research........................................... 224,150
============
Weather and Air Chemistry Research:
Weather Laboratories and Cooperative Institute........... 93,156
U.S. Weather Research Program............................ 39,100
Tornado Severe Storm Research/Phased Array Radar......... 20,916
Joint Technology Transfer Initiative..................... 13,244
------------
Weather and Air Chemistry Research......................... 166,416
============
Ocean, Coastal, and Great Lakes Research:
Ocean Laboratories and Cooperative Institutes............ 39,500
National Sea Grant College Program....................... 80,000
Sea Grant Aquaculture Research........................... 14,000
Ocean Exploration and Research........................... 46,000
Integrated Ocean Acidification........................... 17,000
Sustained Ocean Observations and Monitoring.............. 52,500
National Oceanographic Partnership Program............... 2,500
------------
Ocean, Coastal, and Great Lakes Research................... 251,500
============
Innovative Research and Technology:
High Performance Computing Initiatives................... 18,231
Uncrewed Systems......................................... 1,000
------------
Innovative Research and Technology......................... 19,231
============
Total, Office of Oceanic and Atmospheric Research, $661,297
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Climate Laboratories and Cooperative Institutes.--The
agreement provides an increase of $10,000,000 above the fiscal
year 2022 enacted level for global-nested high-resolution
models and sustained atmospheric observations, including no
less than $4,000,000 to support the Water in the West
Initiative.
Atmospheric Baseline Observatories (ABOs).--The House
language regarding ABOs is modified to provide an increase of
no less than $1,250,000 above the fiscal year 2022 enacted
level within Climate Laboratories and Cooperative Institutes.
The recent eruption of Mauna Loa highlights the vulnerability
of some ABOs and other Global Monitoring Laboratories as noted
in the joint explanatory statement accompanying Public Law 117-
103. Consistent with that direction, NOAA shall consider how to
provide continuity of atmospheric observations in a cost-
effective manner, and to submit its findings to the Committees,
along with proposals to address the issue.
Earth's Radiation Budget.--In lieu of House language
regarding ``Earth's Radiation Budget,'' the agreement provides
$9,500,000 for continued modeling, scientific studies, grant
programs, and, as possible, observations and monitoring of
stratospheric conditions and the Earth's radiation budget,
including the impact of the introduction of material into the
stratosphere from changes in natural systems, increased air and
space traffic, and the assessment of solar climate
interventions. OAR is also directed, in coordination with NASA
and the Department of Energy, as appropriate, to continue to
improve the understanding of the impact of atmospheric aerosols
on radiative forcing, as well as on the formation of clouds,
precipitation, and extreme weather and to develop plans for
sustained observations of the stratosphere. Further, NOAA is
encouraged to coordinate with NASA for long-range manned and
autonomous in-situ atmospheric observational capabilities.
NOAA, in coordination with NASA and other relevant Federal
agencies, shall develop a research agenda to manage near-term
climate hazard risk and coordinate research in climate
intervention. This work shall include establishing a research
governance framework to provide guidance on transparency,
engagement, risk management, and international research
collaboration for publicly funded work in solar geoengineering
research. Additionally, the research agenda shall identify the
capabilities needed to detect and identify attempts at solar
geoengineering by other State and non-State actors. As part of
this process, NOAA is encouraged to engage with nongovernmental
stakeholders.
Greenhouse Gas Emissions Detection Technologies.--The
agreement provides no less than $2,000,000 for a pilot program
of instrumentation for observing greenhouse gases and other
atmospheric factors deployed on commercial aircraft and to
support the evaluation of a sustained observing network using
such platforms. The pilot program should be in cooperation with
other Federal agencies, as relevant, and should leverage the
NWS's Aircraft-Based Observation Program, as appropriate.
In addition, NOAA is encouraged to collaborate with current
and new partners to make use of commercial assets to monitor
methane emissions from satellites to pinpoint the source of
emissions at the individual facility level anywhere in the
world. NOAA is further directed to report to the Committees, no
later than 90 days after enactment of this act, on progress
made to engage with stakeholders such as members of the Global
Methane Initiative and the Special Presidential Envoy for
Climate on public-private partnerships to identify and mitigate
methane emissions.
Forward-Looking Climate Information and Services.--The
agreement reiterates direction from fiscal year 2022 adopted by
Public Law 117-103 that NOAA shall, as part of its larger
effort to expand the provision of climate information and
services, identify and support the utilization by NIST of an
authoritative set of climate information that emphasizes
forward-looking climate data and projections to be utilized by
NIST in their standard-setting process. These data shall
include long-term meteorological information that models future
extreme weather events, other environmental trends,
projections, and up-to-date observations, including mesoscale
meteorological information. Further, within funding provided
across NOAA, the agency shall build internal capacity to aid
both Federal and non-Federal bodies to develop standards,
building codes, voluntary standards, and other decision support
tools, as necessary, that take into account increasingly
extreme weather events and other climate change challenges. In
coordination with NIST, the Administrator, in their capacity as
the Federal Coordinator for Meteorology, shall provide the
Committees, not later than 180 days after enactment of this
act, a written assessment of priority Federal agency needs for
these data, including decision support tools for infrastructure
planning or to inform other strategic or policy choices.
Resilience and Adaptation Cooperative Institute (CI).--The
agreement encourages NOAA to consider the establishment of a CI
for Coastal Resilience and Adaptation and to include such a
proposal as part of its fiscal year 2024 budget request.
Climate Adaptation Partnerships (CAPs).--The agreement
provides no less than $16,300,000 for CAPs and encourages NOAA
to ensure that CAP teams are managed, staffed, and based at an
institution located in the region served.
Tribal Drought Resilience Initiative.--The agreement
provides $500,000 to broaden drought prediction outreach to
Tribal communities through the National Integrated Drought
Information System (NIDIS) as authorized in the NIDIS Act of
2006 (Public Law 109-430).
National Integrated Heat Health Information System
(NIHHIS).--The agreement encourages OAR, through NIHHIS, to
study and raise awareness about the many impacts of extreme
heat and the factors that may affect the uneven distribution of
heat throughout a community. This may include enhancing
education and outreach activities with partners working on
aspects of reducing health risks of heat or supporting regional
pilots.
Precipitation Prediction Grand Challenge (PPGC).--The
agreement provides no less than $2,000,000 for the PPGC.
Marine Ecosystem Responses to Climate Change.--Within the
funds provided for Climate Competitive Research, OAR is
encouraged to fund improvements to ocean modeling systems and
to build a high-resolution regional ocean modeling and
prediction system that can inform climate-ready resource
management.
Tornado Research.--The agreement provides no less than
$11,000,000 for VORTEX-USA, including no less than $10,500,000
for VORTEX-SE, an increase of $3,500,000 above the fiscal year
2022 enacted level.
Advanced Quantitative Precipitation Information (AQPI)
System.--The agreement provides $900,000 within the U.S.
Weather Research Program for a regional radar array
demonstration project to enable better forecasting of extreme
West Coast precipitation events, like atmospheric rivers.
Light Detection and Ranging (LiDAR) Technology.--NOAA is
encouraged to develop, demonstrate, and commercialize advanced,
compact LiDAR systems uniquely tailored to near-surface marine
and atmospheric profiling from Uncrewed Aircraft Systems (UAS)
and mobile ground-based platforms.
Coastal Aquatic Invasive Species Mitigation Grant
Program.--The agreement modifies House language regarding the
``Coastal Aquatic Invasive Species Mitigation Grant Program,''
to encourage NOAA to establish the program within available
funds.
Coastal Resilience.--House language under the heading ``Sea
Grant Coastal Resilience Pilot Project'' is modified as
follows. Within funding provided for the Sea Grant program,
NOAA is encouraged to increase coastal resilience activities
across all State programs. This may include recruitment of
resilience-focused staff and enhancing research, engagement,
decision support, and project implementation. NOAA is
encouraged to prioritize work to enhance the coastal resilience
of remote communities most at-risk for natural disasters and
chronic events, with a priority given to challenges faced by
Tribal, indigenous, or economically disadvantaged communities.
American Lobster Research.--Within funding for the Sea
Grant program, the agreement provides $2,000,000 for
partnerships among State agencies, academia, and industry to
address American lobster applied research priorities in the
Gulf of Maine, Georges Bank, and southern New England. Research
should focus on informing management actions and explore
ecosystem changes that may influence the response of the
lobster resource and fishery, particularly in response to
recent NARW protection measures or potential fishery response
to measures under consideration for inclusion in the Atlantic
Large Whale Take Reduction Plan.
Young Fishermen's Development Act.--Within funding for the
Sea Grant program, the agreement provides up to $1,000,000 for
training, education, outreach, and technical assistance for
young fishermen as authorized under the Young Fishermen's
Development Act (Public Law 116-289).
Contaminants of Emerging Concern.--The agreement provides
$1,000,000 within the Sea Grant program to partner with State
agencies and academic institutions to research and monitor
contaminants of emerging concern that may cause ecological or
human health impacts, including PFAS, in coastal and estuarine
waters.
Ocean Exploration.--The agreement provides $46,000,000 for
Ocean Exploration and Research, an increase of $2,590,000 above
the fiscal year 2022 enacted level. Within the funding
provided, OAR is directed to accelerate efforts to map and
characterize the oceans, including by maximizing the amount of
funding provided for the Ocean Exploration CI and supporting
competitive awards for deep ocean research combining seismic
and acoustic methods. NOAA is also encouraged to work with the
Department of Education and other relevant agencies to continue
fundamental ocean exploration in which open source data are
collected for the oceanographic community and private
industries in real-time through telepresence technology.
Integrated Ocean Acidification.--Within funding provided
for the Integrated Ocean Acidification program, NOAA shall
continue working with State, local, territorial, and Tribal
governments on ocean and coastal acidification research that is
used to complete the vulnerability assessments mandated by the
Federal Ocean Acidification Research and Monitoring Act (Public
Law 111-11).
National Oceanographic Partnership Program (NOPP).--Within
the funds provided for NOPP, NOAA is encouraged to work with
other appropriate Federal agencies and industry partners to
develop, test, and evaluate ocean-based carbon dioxide removal
technologies.
Ocean Noise.--NOAA is encouraged to work through NOPP to
expand the deployment of Federal and non-Federal observing and
data management systems capable of collecting measurements of
underwater sound in high-priority ocean and coastal locations,
and to develop and apply standardized forms of measurements to
assess sounds.
National Weather Service (NWS).--$1,247,393,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations........................................... $251,462
Central Processing..................................... 110,500
Analyze, Forecast and Support.......................... 589,500
Dissemination.......................................... 116,979
Science and Technology Integration..................... 178,952
================
Total, National Weather Service, Operations, $1,247,393
Research, and Facilities..........................
------------------------------------------------------------------------
NWS Staffing.--The agreement provides an increase of
$11,750,000 above the fiscal year 2022 enacted level to address
staffing requirements at NWS, including $10,500,000 in Analyze,
Forecast, and Support (AFS) for staffing at weather forecast
offices to enhance NWS impact-based decision support services
(IDSS), to increase the number of trained and qualified
Incident Meteorologists (IMETs) for wildfires and other extreme
events, and to accelerate hiring at the National Centers for
Environmental Prediction (NCEP). The remaining $1,250,000 is
for NCEP hiring, with $750,000 in Central Processing and
$500,000 in Science and Technology Integration (STI). Within
all of these increases, NWS is encouraged to provide IDSS
support for products generated by other line offices, as
appropriate, such as harmful algal bloom forecasts. For fiscal
year 2023, NWS shall follow prior year direction regarding
``NWS Staffing in Alaska'' adopted in Public Law 117-103.
Observations.--The agreement provides an increase of
$500,000 above the fiscal year 2022 enacted level for the
Aircraft Based Observation Program and directs NWS to
coordinate with and leverage existing capabilities of the
National Mesonet Program (NMP) to increase the use and
deployment of commercial aviation-based atmospheric data, with
an emphasis on water vapor data for numerical weather
prediction improvement.
National Mesonet Program.--The agreement provides no less
than $24,700,000, an increase of $2,000,000 above the fiscal
year 2022 enacted level, for the continuation and expansion of
the NMP. Investments in the NMP going forward are encouraged to
sustain coverage of data types and areas now included within
the NMP, expand in situ and remote sensing capabilities to
provide weather measurements in high-risk areas, such as
vulnerable communities, and enhance coverage by the NMP in non-
contiguous States and Territories and other data sparse areas.
Prior to acquisition of such data, NOAA shall assess the
potential contribution of the data to improve forecast model
skill. Of the funds provided, up to $900,000 may be used for
Meteorological Assimilation Data Ingest System activities, and
up to $600,000 may be used for costs associated with the
National Mesonet Program Office. In addition to the funding
provided for operational expenses, NOAA is encouraged to use
authorities such as the Intergovernmental Personnel Act (42
U.S.C. 4701, et seq.) in order to ensure adequate staff support
for this program.
In addition, through NOAA Community Project Funding/NOAA
Special Projects, the agreement provides $3,350,000 to expand
State mesonet programs.
Automated Surface Observing System (ASOS).--NWS is directed
to ensure that rural and remote communities who
disproportionately rely on ASOS operability for continued
reliable air service are provided with additional resources,
such as trained human observers, to continue observing
capabilities in the event of an ASOS outage.
Space Weather.--Provides $1,750,000 for Space Weather
Research to Operations, including the development of a space
weather testbed, as part of NOAA's implementation of the
Promoting Research and Observations of Space Weather to Improve
the Forecasting of Tomorrow (PROSWIFT) Act (Public Law 116-
181). Of this amount, $500,000 is within Central Processing and
$1,250,000 is within STI.
National Data Buoy Center (NDBC).--The agreement adopts
direction included in Public Law 117-103 regarding the NDBC,
including the requirement to provide details in NOAA's fiscal
year 2023 spend plan. The agreement provides the requested
amount to maintain and service the Deep-ocean Assessment and
Reporting of Tsunamis (DART) Array, which provides tsunami
prediction capacity. NWS is directed to ensure that as a result
of the investment in the Infrastructure Investment and Jobs Act
(Public Law 117-58), all DART buoys in Alaska, especially those
in Prince William Sound and southeast Alaska, are deployed and
fully operational.
Tsunami Warning Program.--The agreement provides an
increase of no less than $500,000 above the fiscal year 2022
enacted level for the Tsunami Warning Program to increase
staffing and modernize technology. Within 180 days of the date
of enactment of this act, NOAA shall provide a plan and cost
estimates to the Committees to improve operational capacity at
its tsunami warning centers, including, at a minimum: upgrades
to ensure the compatibility of all computer systems used by
both centers, upgrades to ensure the reliability and
compatibility of both centers' dissemination infrastructure,
and plans for continuity of operations in the event that one of
the centers goes offline.
Environmental Processes in the Arctic.--Within funding
provided for AFS, NWS is encouraged to develop capacity for
seasonal to multiannual timescale predictions of environmental
processes in the Arctic.
Dissemination.--The agreement provides an increase of
$6,000,000 above the fiscal year 2022 enacted level to optimize
and upgrade the integrated dissemination program.
Weather Alerts.--House direction regarding ``Weather
Alerts'' is adopted.
Office of Water Prediction (OWP).--The agreement provides
no less than $38,500,000 for OWP, which receives funding across
multiple NWS budget lines, including a $2,000,000 increase
above the enacted level within Dissemination. Direction carried
in previous fiscal years for NWS to continue to expedite hiring
within the National Water Center (NWC) Water Prediction
Operations Division is maintained. NWS is encouraged to
initiate Flood Inundation Mapping operations through the NWC.
Hydrology and Water Resource Programs.--The agreement
provides $28,250,000 for NOAA to support CIROH, which is
$8,250,000 above the fiscal year 2022 enacted level. This
amount includes $24,250,000 from within STI, $1,000,000 from
within NOS Coastal Science Assessment, Response and
Restoration, and $3,000,000 from within OAR Competitive Climate
Research to support the broader Water in the West Initiative.
NOAA is encouraged to leverage the CI expertise to help NOAA
assess the most operationally relevant research.
Hurricane Forecast Improvement Project.--NOAA is directed
to continue the Hurricane Forecast Improvement Program
authorized by section 104 of the Weather Research and
Forecasting Innovation Act of 2017 (Public Law 115-25). No
later than 60 days after enactment of this act, NWS shall brief
the Committees on the status of the program, including a plan
and timeline for completion of any outstanding items.
Consumer Option for an Alternative System To Allocate
Losses (COASTAL) Act Implementation.--The agreement provides no
less than the fiscal year 2022 enacted level for the
development and implementation of the COASTAL Act (division F,
title II of Public Law 112-141). NOAA is directed to continue
to leverage existing Federal assets, expertise, and
partnerships in carrying out COASTAL Act activities.
National Environmental Satellite, Data and Information
Service (NESDIS).--$375,537,000 is for NESDIS Operations,
Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations............... $245,915
Produt Development, Readiness and Application............ 57,500
U.S. Group on Earth Observations......................... 750
------------
Environmental Satellite Observing Systems.................. 304,165
============
National Centers for Environmental Information............. 71,372
============
Total, National Environmental Satellite, Data and $375,537
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
The agreement accepts the $56,090,000 in technical
transfers to the Office of Satellite and Product Operations;
Product Development, Readiness and Application; and the
National Centers for Environmental Information (NCEI) proposed
in the administration's budget request to move operations
funded within Polar Weather Satellites and Low Earth Orbit from
Procurement, Acquisition and Construction to ORF.
Office of Satellite and Product Operations.--The agreement
provides $1,500,000 above the fiscal year 2022 enacted level
for Satellite and Product Operations Deferred and Extended
Maintenance, including for upgrades to ground systems and
antenna systems at facilities such as those in Virginia, West
Virginia, and Alaska, as requested.
National Centers for Environmental Information.--The
agreement provides no less than $10,000,000 for Regional
Climate Services, including no less than $6,100,000 for
Regional Climate Centers. The agreement provides $5,500,000 for
the Coastal Data Development program, which shall be considered
as the central repository to manage data collections from NOAA
uncrewed systems as authorized by the Commercial Engagement
Through Ocean Technology (CENOTE) Act (Public Law 115-394).
NCEI is encouraged to begin to develop a Data Assembly Hub for
uncrewed systems, in coordination with the related project
supported through a NOAA Community Project Funding/NOAA Special
Project.
Mission Support.--$413,760,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support Services:
Executive Leadership..................................... $31,743
Mission Services and Management.......................... 182,375
IT Security.............................................. 16,393
Payment to the DOC Working Capital FUnd.................. 71,299
Facilities Maintenance................................... 6,500
Office of Space Commerce................................. 70,000
------------
Mission Support Services................................... 378,310
============
Office of Education
BWET Regional Programs................................... 8,700
Jose E. Serrano Educational Partnership Program with 20,750
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 6,000
------------
Office of Education........................................ 35,450
============
Total, Mission Support, Operations, Research, and $413,760
Facilities............................................
------------------------------------------------------------------------
Tribal Liaison.--The agreement provides $500,000 in
Executive Leadership for NOAA to increase staffing to
strengthen communications and outreach to Tribal governments,
Alaska Natives, and Native Hawaiians.
Mission Support Services.--The agreement supports the
following requests and encourages their implementation within
available funds: Acquisition and Grants Office, Facility
Program Capacity, Budget Position Management System, Finance
Transaction Processing, Spectrum, NOAA Open Data Dissemination,
and NOAA Cloud Program. NOAA shall identify amounts for each of
these initiatives as part of the agency's fiscal year 2023
spending plan. The agreement further provides not less than
$1,500,000 to accelerate NOAA's Diversity and Inclusion Plan,
to expand NOAA's recruiting program, and for equity assessment
and implementation support in compliance with Executive Order
13985.
NOAA is directed to immediately provide the Committees with
the business case analysis for a new center of excellence, as
required in the joint explanatory statement accompanying Public
Law 117-103 under the heading ``Facilities Maintenance.''
Sexual Assault and Sexual Harassment.--NOAA is directed to
continue implementing NOAA Administrative Order (NAO) 202-1106
on sexual assault and sexual harassment prevention and is
provided an increase of $1,000,000 above the fiscal year 2022
enacted level for these purposes. NOAA shall continue to
provide the Committees with a copy of the report required under
section 12.02 of NAO 202-1106.
Office of Space Commerce (OSC).--The agreement approves the
requested transfer of OSC to Mission Support and provides
$70,000,000, an increase of $54,000,000 above the fiscal year
2022 enacted level. NOAA shall provide a detailed spending plan
for the funds provided to OSC and shall immediately submit the
five-year strategic plan for OSC requested in the joint
explanatory statement accompanying Public Law 117-103.
Cooperative Science Center for Ocean Education.--NOAA is
encouraged to request funding for a cooperative science center
for ocean exploration in its fiscal year 2024 budget request.
Providing Opportunities within the Ocean Sciences.--NOAA is
encouraged to partner with an established consortium of higher
education, industry, and non-profit organizations to offer
access to a research vessel and to associated programming
dedicated to increasing opportunities for underrepresented
groups within the ocean sciences.
National Ocean Sciences Bowl (NOSB).--NOAA is directed to
meet its obligations to fully fund the NOSB in fiscal year
2023, in partnership with other agencies and non-Federal
entities.
Office of Marine and Aviation Operations (OMAO).--
$328,677,000 is for OMAO Operations, Research, and Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations:
Marine Operations and Maintenance........................ $204,000
Aviation Operations and Aircraft Services................ 40,500
Autonomous Uncrewed Technology Operations................ 21,677
NOAA Commissioned Officer Corps.......................... 62,500
============
Total, Office of Marine and Aviation Operations, $328,677
Operations, Research, and Facilities..................
------------------------------------------------------------------------
Office of Health Services.--The agreement provides up to
the requested level to support the work of the Office of Health
Services.
Marine Operations and Maintenance.--The agreement provides
an increase of $30,000,000 above the fiscal year 2022 enacted
level to enhance NOAA's Fleet operations and support additional
days at sea. OMAO is directed to continue to implement the
progressive maintenance program developed over the last few
years.
Charter Vessels.--NOAA is encouraged to enter into charter
agreements for the services of not less than two private sector
vessels to supplement its charting and survey efforts to
address the growing backlog of unfulfilled missions,
particularly those in Arctic waters.
Monitoring of Atmospheric Rivers.--The agreement provides
up to $2,500,000 within Aviation Operations and Aircraft
Services to observe and predict atmospheric rivers.
Autonomous and Uncrewed Technology Operations (AUTO).--The
agreement provides an increase of $7,500,000 above the fiscal
year 2022 enacted level for AUTO and notes that OMAO has
successfully leveraged commercially available uncrewed maritime
systems (UMS) to collect data in support of NOAA's core mission
areas, demonstrating the utility and cost-effectiveness of
purchasing ocean data. Within the funds provided, no less than
the fiscal year 2022 enacted level shall be used to support
extramural partnerships with universities and oceanographic
institutions for UMS research, development, testing, and
training, including research to improve precise marine
navigation and coastal resilience through improvements to
uncrewed platforms. NOAA shall use the increased funding for
agency-wide data acquisition from UMS in support of relevant
research and operational missions including hurricane intensity
forecasting, fishery surveys, ocean exploration, and
hydrographic surveys.
NOAA Commissioned Officer Corps.--The agreement provides an
increase of $8,500,000 above the fiscal year 2022 enacted level
to increase the size of the NOAA Corps to help meet the
increased demands on aviation operations and prepare for the
addition of new vessels in the NOAA Fleet.
Aviation Accession Training.--The agreement provides up to
$2,000,000 within NOAA Commissioned Officer Corps to support
OMAO's aviation accession training program, as authorized in
section 105 of Public Law 116-259.
NOAA Community Project Funding/NOAA Special Projects.--NOAA
is directed to provide the amounts listed in the table below of
NOAA Community Project Funding/NOAA Special Projects consistent
with NOAA's existing authorities, jurisdictions, and
procedures, as appropriate. NOAA shall perform the same level
of oversight and due diligence regarding these projects as with
any other external partners.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The agreement includes a total program level of
$1,775,468,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,762,468,000 is
appropriated from the general fund, including $108,838,000
provided in division N, and $13,000,000 is derived from
recoveries of prior year obligations. The following narrative
and table identify the specific activities and funding levels
included in this act.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction......... $8,500
Marine Sanctuaries Construction.......................... 5,500
------------
Total, NOS--PAC............................................ 14,000
============
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI............................. 70,000
Research Acquisitions and Mangement...................... 30,000
------------
Total OAR--PAC............................................. 100,000
============
National Weather Service:
Observations............................................. 16,200
Central Processing....................................... 69,649
Dissemination............................................ 10,000
Facilities Construction and Major Repairs................ 13,500
------------
Total NWS--PAC............................................. 109,349
============
National Environmental Satellite, Data and Information
Service:
Geostationary Systems--R................................. 301,000
Polar Weather Satellite.................................. 183,500
Space Weather Follow-on.................................. 136,200
Geostationary Earth Orbit (GEO).......................... 285,000
Low Earth Orbit.......................................... 96,430
Space Weather Next....................................... 151,606
Systems/Services, Architecture, and Engineering.......... 68,500
Common Ground Services................................... 105,433
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS--Discretionary PAC........................... 1,330,119
============
Mission Support:
NOAA Construction........................................ 90,000
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion....... 28,000
Vessel Recapitalization and Construction................. 95,000
Aircraft Recapitalization and Construction............... 9,000
------------
Total OMAO--PAC............................................ 132,000
============
Total, Procurement, Acquisition and Construction........... $1,762,468
------------------------------------------------------------------------
Judgment Fund Repayment.--The agreement does not provide
funding for NOAA to make payments to the Department of the
Treasury Judgment Fund.
Research Supercomputing.--Within the funding for Research
Supercomputing/CCRI, $15,000,000 is provided to continue to
develop a dedicated high performance computing facility
consistent with prior year direction adopted in Public Law 117-
103.
Maximizing Value of Environmental Observations.--The
agreement notes concern that too little value is being
extracted from the plethora of environmental observations
collected and/or purchased by NOAA to inform weather, climate,
and ecosystem models that then generate forecasts and
predictions. Therefore, within the increase provided for
Research Supercomputing/CCRI, no less than $5,000,000 is to
develop artificial intelligence systems and optimization of
software to support preprocessing of dense observation datasets
so extraction of the most useful information will be included
in data assimilation for model initialization.
Research Acquisitions and Management.--The agreement
provides $30,000,000 for a demonstration system for a dual
polarization Phased Array Radar (PAR) to assess advanced
techniques to meet NOAA's future weather radar requirements and
replace the current NEXRAD system starting in the 2030s. The
agreement also encourages NOAA to engage with the weather
industry to develop a charge for the SAB to study options for
procuring or leasing assets as well as acquiring commercial
data to help satisfy NOAA's next generation radar needs.
Observations.--The agreement provides the requested amount
for the ASOS Service Life Extension Program.
Integrated Water Prediction (IWP).--The agreement provides
no less than the fiscal year 2022 enacted level for Central
Processing under NWS PAC, which includes not less than
$5,739,000 to procure operational high performance computing
resources to enable modeling improvements associated with the
IWP initiative, consistent with direction adopted in Public Law
117-103.
NWS Facilities.--Within 270 days of enactment of this act,
NOAA is directed to provide the Committees with an updated NWS
Facilities Strategic Plan, including an ordered list of the
highest priority facilities and associated upgrade or lease
improvement costs.
NESDIS Budget Reorganization.--The agreement approves the
technical transfers from Projects, Planning, and Analysis to
Space Weather Next and Common Ground Services. In addition, as
satellites are launched and move from the construction phase
into operations, NOAA is encouraged to continue to propose
technical transfers of funding from PAC to ORF as part of
subsequent budget requests.
Geostationary Extended Observations (GeoXO).--The agreement
provides $285,000,000 for GeoXO, which is the amount required
to maintain the current program schedule in fiscal year 2023,
including to complete Phase A formulation studies, to complete
the Department of Commerce Acquisition Milestone 2, and to
award the imager development contract. NOAA is encouraged to
partner with NASA on the Geostationary Littoral Imaging and
Monitoring Radiometer (GLIMR) mission to de-risk the ocean
color instrument, as appropriate, for the GeoXO program. Before
initiating procurement activities for other instruments and the
spacecraft, NOAA shall provide the Committees with the report
about the user needs and requirements and estimated lifecycle
costs of the next generation of NOAA flagship weather
satellites requested in the joint explanatory statement
accompanying Public Law 117-103. The requested report shall
include how the proposed suite of GeoXO instruments will
improve NOAA's weather mission.
Systems/Services Architecture and Engineering.--The
agreement provides an increase of $10,000,000 above the fiscal
year 2022 enacted level for the Commercial Data Purchase and
Commercial Weather Data Pilot programs, which is to be divided
between the two programs as deemed appropriate. Within these
funds and consistent with direction from the Promoting Research
and Observations of Space Weather to Improve the Forecasting of
Tomorrow (PROSWIFT) Act (Public Law 116-181), the agreement
provides up to $5,000,000 for a Commercial Space Weather Data
Pilot.
The agreement notes that NOAA's current schedule of
conducting commercial weather data solicitations every 2 years
may have the unintended consequence of limiting new
partnerships with the quickly evolving commercial sector. NOAA
shall ensure that funds provided for commercial data purchases
are used in a manner that maximizes competition by conducting
solicitations for new qualified commercial data market entrants
on an annual or more frequent basis.
NOAA Construction.--The agreement provides $90,000,000 for
NOAA's highest priority facilities construction, repair, and
deferred maintenance requirements, which is an increase of
$31,000,000 above the fiscal year 2022 enacted level. NOAA
shall immediately inform the Committees if there are any
significant schedule delays or project cost increases. Further,
30 days before obligating any funds, NOAA shall submit a report
detailing how the funds will be expended and an explanation of
why these projects were prioritized.
The agreement reiterates direction adopted by Public Law
117-103 for NOAA to establish a five-year budget framework to
address regional facility modernization planning and
redevelopment of priority sites, particularly those in the
Northwest, Northeast, and Southeast regions.
Vessel Recapitalization and Construction.--The agreement
reaffirms its support for NOAA's Fleet Recapitalization Plan by
providing $20,000,000 for Vessel Recapitalization and
Construction above the requested level. The agreement expects
that NOAA will execute a contract on two new Class B vessels in
fiscal year 2023 and that NOAA's new vessels will facilitate
the reduction of gaps in mission coverage as current ships are
decommissioned. The agreement notes that the current
procurement plan for Class C vessels would result in a mission
gap for fisheries surveys starting in 2027. Therefore, NOAA is
encouraged to begin design and acquisition of the Class C
vessels.
Mission Requirement Costs.--NOAA shall, in all future
budget submissions to Congress, detail any unfunded mission
requirement costs, particularly those that are necessary to
maintain the optimal operational tempo of NOAA's assets and
posture of NOAA facilities.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for the Pacific Coastal
Salmon Recovery Fund (PCSRF) and directs that funds will be
available to Tribes without a matching requirement. NOAA is
directed to report on how its current priorities meet the
intent of the PCSRF to support the recovery and protection of
all declining salmon stocks.
FISHERIES DISASTER ASSISTANCE
The agreement accepts the proposal to provide a new annual
appropriation for Fisheries Disaster Assistance and provides
$300,000, which is equal to the budget request.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans. NOAA is encouraged to facilitate new vessel
construction, vessel replacement, and upgrades within the
Fisheries Finance Program using fuel-efficient technology to
the greatest extent practicable.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $95,000,000 for Departmental
Management (DM) salaries and expenses.
For fiscal year 2023, the Department is directed to follow
prior year directives, adopted in Public Law 116-260, under the
headings ``Staffing Report,'' ``Salary Lapse,'' ``Department of
Commerce Working Capital Fund,'' and ``Improving Trade Data
Reporting.'' Additionally, for fiscal year 2023 the Department
is directed to follow prior year directives included in Senate
Report 116-127 and adopted by Public Law 116-93, on ``Working
Capital Funds.''
Enhancing Microelectronics Fabrication with Advanced
Materials and Techniques.--As the Department assesses and makes
investments in advanced semiconductors and microelectronics
using funds provided in regular and emergency appropriations
bills, such assessments shall include the value of investing in
researching advanced techniques and upgrading existing
fabrication facilities to use advanced materials that can
increase those facilities' capability to produce more effective
microelectronics for existing and evolving demand.
Wildfire Mitigation.--The Department is directed to assess
what measures and improvements can be taken to reduce the
likelihood of wildfire impacts to Department facilities in
Boulder, Colorado (NIST, NOAA, and NTIA facilities) and to the
Department's other potentially at-risk facilities around the
country. The Department is directed to report to the Committees
on its wildfire mitigation assessment findings within 120 days
of enactment of this act.
Anomalous Health Incidents (AHI).--The Department is
directed to continue working with other Federal agencies to
create AHI policies and procedures, including a system for
handling requests for reimbursement. The agreement directs the
AHI system be in place by March 15, 2023. The Department is
directed to submit quarterly reports to the Committees on the
number of requests for assistance, the unobligated balances of
the original funding provided, and any additional resource
needs to properly respond to the Department's AHI claimants.
Outbound Investment Initiative.--The Department is
encouraged, in coordination with the Department of the
Treasury, to consider its role in the establishment of a
program to address the national security threats emanating from
outbound investments from the United States in certain sectors
that are critical for U.S. national security. Not later than 60
days after enactment of this act, the Department shall submit a
report describing its efforts and identifying the resources
that would be required to establish and implement it.
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,142,000 for the
Renovation and Modernization account.
NONRECURRING EXPENSES FUND
The agreement includes $35,000,000 for the Department of
Commerce Nonrecurring Expenses Fund to support cybersecurity
risk mitigation efforts at the Department.
The Department is directed to provide an updated out-year
budget profile for its cybersecurity initiatives as part of the
fiscal year 2024 budget request.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $50,450,000 for the
Office of Inspector General (OIG). This amount includes
$48,000,000 in direct appropriations and a $2,450,000 transfer
from USPTO.
The agreement directs the OIG to continue its oversight
work on cybersecurity, NOAA satellite and vessel procurements,
telework, patent quality, the decennial census, and the
business application system modernization. The OIG is directed
to follow the directives as described in Senate Report 116-127
and adopted by Public Law 116-93 under the heading ``Working
Capital Fund Audits.''
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of those
supplying the resources, to carry out responsibilities of any
statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 removes the requirement for matching funds for
amounts provided in this act through the Manufacturing
Extension Partnership.
Section 112 allows the Secretary of Commerce to waive the
cost sharing requirements for funds provided in this act under
sections 306, 306A, and 315 of the Coastal Zone Management Act
of 1972.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $145,000,000 for General
Administration, Salaries and Expenses.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 on the following
topics: ``Trafficking in Persons,'' ``Domestic Trafficking
Victims Fund Special Assessments,'' ``Human Trafficking Justice
Coordinators,'' ``Enforcement of Federal Hate Crimes Law,''
``Combating Domestic Terrorism,'' ``Human Rights Crimes,''
``Wildlife Trafficking,'' ``Combatting Violent Crime in Indian
Country,'' ``Office of Legal Counsel (OLC) Opinions,'' and
``Voting Rights.'' The Department shall submit updated reports
consistent with the directives. House report language under
``Voting Rights Enforcement'' is not adopted.
Emmett Till Unsolved Civil Rights Crimes Reauthorization
Act of 2016.--The agreement includes not less than $15,000,000
for DOJ component agencies to implement the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of 2016, to
include $3,500,000 in grant funding.
Strengthening Police-Community Relations.--The agreement
provides $231,000,000 for State and Local Law Enforcement
Assistance and Community Oriented Policing Services (COPS)
Office grant programs related to police-community relations.
This is an increase of $30,000,000, or 15 percent, above the
fiscal year 2022 enacted level. The Department shall include as
part of its fiscal year 2023 spending plan details on its use
of these resources and provide the Committees quarterly updates
thereafter.
Responding to Opioids, Methamphetamine, Synthetic Drugs,
and Substance Abuse in Our Communities.--The agreement includes
a total of $608,500,000 in grant program funding, an increase
of $36,000,000 above the fiscal year 2022 enacted level, to
help communities and State and local law enforcement respond to
substance abuse, including opioids, stimulants, and synthetic
drugs. The Drug Enforcement Administration (DEA) is funded at
$2,563,116,000, an increase of $141,594,000 above the fiscal
year 2022 enacted level, to strengthen drug trafficking
investigations, including those related to heroin, fentanyl,
and methamphetamines. The agreement supports the continuation
of heroin enforcement teams, methamphetamine and fentanyl
cleanup and container programs, and other interdiction and
intervention efforts, including expansion of DEA's 360 Strategy
and Operation Engage.
McGirt v. Oklahoma.--The agreement appropriately funds the
U.S. Attorneys' offices, United States Marshals Service, DEA,
and FBI workload increases resulting from the McGirt v.
Oklahoma decision for fiscal year 2023. These resources will
allow Federal, Tribal, State, and local stakeholders to further
enable cooperation, collaboration, and sharing of pertinent
information to protect all victims and bring all those who
commit a crime to justice. DOJ is directed to report, within 90
days of the date of enactment of this act, on the breakdown of
cases per attorney in Oklahoma, estimated caseloads for the
fiscal year 2024, and how such numbers compare with other
districts around the country. The report shall also include the
number and type of cases indicted compared to all referrals
received, from which jurisdictions the cases were referred, and
the general reasons why cases were not accepted.
Human Trafficking and Child Exploitation Interagency
Coordination.--The Department, in coordination with relevant
Federal agency partners, shall establish an interagency working
group to improve human trafficking and child exploitation case
coordination, de-confliction, and survivor support, and submit
a report not later than 45 days after the date of enactment of
this act on its plans for such working group. DOJ shall submit
a follow-up report on the performance of the Working Group not
later than one year after the date of enactment of this act.
Departmental Efforts to Combat Crimes Against Children.--
The Department is directed to immediately submit the long-
awaited National Strategy for Child Exploitation Prevention and
Interdiction pursuant to 34 U.S.C. 21111(b) and publish it on
the Department website. The report, which is required to be
submitted to Congress every two years, has not been submitted
since April 2016 and the Department has been directed to submit
this report since fiscal year 2020. In addition, the Department
shall comply with directions in the joint explanatory statement
accompanying Public Laws 116-260 and 117-103 and immediately
submit a detailed staffing and funding report on the office of
the National Coordinator for Child Exploitation Prevention and
Interdiction, including staffing, travel, and temporary duty
travel expenses, as this information is long-overdue. The
Department shall submit a crosscut budget presentation for
Crimes against Children as part of its fiscal year 2024 budget
submission and in subsequent budgets and continue following
directives and reporting requirements in fiscal year 2023 as
specified in the aforesaid joint explanatory statements.
Policies on Investigating Crimes Against Children.--The
Department shall report not later than 60 days after the date
of enactment of this act on steps to address recommendations
made in Office of Inspector General OIG Report 21-093:
``Investigation and Review of the Federal Bureau of
Investigation's Handling of Allegations of Sexual Abuse by
Former USA Gymnastics Physician Lawrence Gerard Nassar''. The
report shall describe FBI policy for sharing allegations of
crimes against children with relevant FBI field offices as well
as with State and local law enforcement, how such policy has
been updated since the Nassar investigation, and how it is
being disseminated and implemented within the FBI.
Human Rights Enforcement Report.--DOJ shall report to the
Committees on Appropriations and the Judiciary of the House of
Representatives and the Senate not later than 90 days after the
date of enactment of this act on the investigations and
prosecutions of human rights offenses and other offenses
committed by serious human rights violators for fiscal years
2018-2022, efforts by the Criminal Division (CRM) and the
Executive Office of the United States Attorneys (EOUSA) to
increase such prosecutions, and any legal or organizational
impediments to investigating and prosecuting human rights
violations.
Violence Against Indigenous Women.--DOJ shall follow the
directives in the joint explanatory statement accompanying
Public Law 117--103 under the heading ``Missing and Murdered
Indigenous Women'' and submit an updated review and
communications plan, including details on the use of fiscal
year 2023 Tribal set-aside funding that supports related
programs and initiatives in Indian Country and Alaska Native
Villages, with its fiscal year 2023 spending plan. In addition,
DOJ shall report not later than 90 days after the date of
enactment of this act on the status of implementing
recommendations in Government Accountability Office report
GAO--22--104045, entitled ``Missing or Murdered Indigenous
Women: New Efforts are Underway but Opportunities Exist to
Improve the Federal Response.''
Fix NICS Act Requirements.--The Attorney General is
directed to publish timely on its website the semi-annual
reports mandated by the Fix NICS Act of 2017 (Public Law 115-
141) on Federal, State, and Tribal compliance with that act.
National Incident-Based Reporting System (NIBRS).--The
Department shall report not later than 60 days after the date
of enactment of this act on factors contributing to delayed
participation by law enforcement agencies in NIBRS, and on DOJ
efforts to increase such participation.
Department of Justice Recusal Policies.--Not later than 180
days after the date of enactment of this act, the Department
shall implement policies and procedures necessary to ensure
that the recusal of any officer or employee of any DOJ
component from a matter is registered and recorded with the
Designated Agency Ethics Official and the Departmental Ethics
Office. In addition, not later than 270 days after the date of
enactment of this act, the Department shall submit the initial
report as specified in the directives under this heading in the
Joint Explanatory Statement accompanying Public Law 117-103.
Financial Fraud.--The Attorney General shall continue to
prioritize DOJ resources to ensure reports of financial fraud,
to include scams against senior citizens, are thoroughly
investigated to support the goal of bringing perpetrators of
such crimes to justice.
Death in Custody Act (DCRA) Reporting.--The Attorney
General shall report not later than 90 days after the date of
enactment of this act on DCRA implementation plans, the quality
of DCRA data collected to date, how DOJ could improve the
quality and transparency of future data, including
implementation of its proposed 2016 collection plan, and a
timeline for publishing the required DCRA report.
Money Laundering Investigations.--The Attorney General
shall establish and convene, not later than 60 days after the
date of enactment of this act, an interagency working group to
identify the number and status of investigations with a money
laundering nexus that involves either foreign official
corruption or drug trafficking, including the value of money or
assets seized in fiscal year 2023, and shall submit a report
with the findings of the working group, disaggregated by date
and lead Federal agency, to the Committees on Appropriations
and the Judiciary of the House of Representatives and the
Senate not later than one year after the date of enactment of
this act.
Election Threats Task Force.--To build on the work of the
newly established Election Threats Task Force and improve
outreach to election workers and organizations that represent
them, the Department shall make available on the DOJ website
all policies and procedures related to submitting threat
reports for election workers, administrators, officials, and
others associated with the electoral process. This shall
include information about what to expect after such a report is
filed, and the rights and protections offered to election
workers, administrators, officials, and volunteers under
current law.
Timely Responses to Committee Inquiries and Meeting Report
Deadlines.--The Department is firmly reminded to submit all
reports and studies described in report or explanatory
statement language by the specified due date with all required
information. In addition, any requests for information from the
Chairs, Vice Chair, Ranking Members, or Committee staff to the
Attorney General and any Department component should be treated
as a priority and responded to courteously and expeditiously.
The Department shall submit immediately and fully any reports
outstanding from fiscal year 2022.
Analysis of Digital Evidence.--DOJ shall brief the
Committees not later than 90 days after the date of the
enactment of this act on the use and management of evidence
from digital devices used in criminal investigations. The
briefing should address processing backlogs, training
requirements for the use of digital evidence, technical and
legal impediments to secure transmission and sharing with law
enforcement and governmental partners, methods for secure and
centralized storage, reliance on removable media, and resource
challenges or gaps.
Reporting on Whistleblower Protections.--DOJ shall follow
the directives in the joint explanatory statement accompanying
Public Law 117-103 under the heading ``Whistleblower
Protections.'' In addition, the Attorney General is directed to
submit a report to the Committees on Appropriations and the
Judiciary, within 90 days of the date of enactment of this act,
assessing the Department's compliance with 42 U.S.C. 4712 and
section 3.908-9 of the Federal Acquisition Regulation and
describing the implementation status, including all actions
taken in response to, recommendations by the Government
Accountability Office and the DOJ Office of Inspector General
related to whistleblower protections for employees of
contractors and grantees.
Crime Victims Fund.--The health of the Crime Victims Fund
(CVF) remains a concern, and DOJ is directed to continue to
advise litigating components of the availability of the CVF as
a repository for fines, fees, and other penalties.
House report language under the heading ``Ammunition
Background Checks'' is not adopted.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $138,000,000 for Justice Information
Sharing Technology. The agreement provides resources required
for immediate DOJ cybersecurity response needs and to modernize
the Justice Security Operations Center and supports efforts to
strengthen DOJ cybersecurity and supply chain workforce
development.
Executive Office for Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $860,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is a
transfer from the U.S. Citizenship and Immigration Services
Immigration Examinations Fee Account.
The agreement supports, within the funds provided,
investments in information technology including efforts to
improve EOIR's technology systems, such as ongoing development
of its electronic case management system (ECAS), the
digitization of older paper records, and the Virtual Court
Initiative. EOIR is directed to keep the Committees apprised of
these efforts in its quarterly reports.
For fiscal year 2023, EOIR is directed to continue
following the directives in the joint explanatory statement
accompanying Public Law 116-260 on the following topics:
``Immigration Adjudication Performance and Reducing Case
Backlog,'' ``Information Technology (IT) Modernization,'' and
``Video Teleconferencing (VTC).'' Additionally, for fiscal year
2023, EOIR is directed to follow the directives in the joint
explanatory statement accompanying Public Law 117-103 on the
following topics: ``Immigration Judge Hiring,'' ``Immigration
Judge Training,'' ``Disposition of EOIR Adjudications,'' and
``Online Address Change System.'' EOIR shall submit updated
reports consistent with the directives.
Legal Orientation Program (LOP).--The agreement includes
$29,000,000 for services provided by the LOP and expects no
less than the fiscal year 2022 enacted level will be provided
for the Immigration Court Helpdesk (ICH) program. For fiscal
year 2023, the agreement adopts the relevant directives in the
joint explanatory statement accompanying Public Law 117-103
under the heading ``Legal Orientation Program (LOP).''
Office of Inspector General
The agreement includes $139,000,000 for the Office of
Inspector General (OIG) and includes $4,000,000 for OIG to
establish an interdisciplinary team dedicated to the oversight
of the Bureau of Prisons (BOP).
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $14,591,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,138,000,000 for General Legal
Activities. Within the funding provided, up to $10,000,000
shall be for the Civil Rights Division for additional expenses
relating to the enforcement of 34 U.S.C. 12601, criminal
enforcement under 18 U.S.C. 241-242, and administrative
enforcement by the Department of Justice, including compliance
with consent decrees or judgments entered under such sections.
The agreement includes additional resources for the Civil
Rights Division to carry out its critical missions to reinforce
democratic institutions, such as the right to vote; enforce
human trafficking laws, fair housing, and fair lending laws;
address hate and bias crime; respond to police misconduct; and
protect the rights of institutionalized and disabled persons.
The agreement supports Criminal and Civil Division
investigation and prosecution of COVID-19 fraud, and Criminal
Division efforts to combat child exploitation and white-collar
crime. The agreement also supports Civil Division prescription
opioid and data privacy litigation and Global Magnitsky Act
prosecutions, and includes resources required to implement the
Sergeant First Class Heath Robinson Honoring Our PACT Act of
2022. The agreement also supports increases for the
Environmental and Natural Resources Division and its Office of
Environmental Justice, the Office of Pardon Attorney, the
Office for Access to Justice, and the Tax Division.
INTERPOL.--The agreement supports INTERPOL Washington
operations at no less than the fiscal year 2022 levels. The
Department is encouraged to request a reprogramming of funding
if necessary to complete INTERPOL Washington information
technology modernization. DOJ is also expected to support
secondments of DOJ law enforcement, legal, and other analytical
personnel to the INTERPOL General Secretariat.
Human Trafficking Prosecution Unit (HTPU).--HTPU shall
report no later than 120 days after the date of enactment of
this act, for fiscal years 2020-2022, on the number of human
trafficking cases it prosecuted or assisted prosecuting,
disaggregated by type of trafficking, and the number of
Assistant U.S. Attorneys (AUSAs) trained on human trafficking
prosecution and on victim restitution.
Civil Rights Violations in State and Local Prisons and
Jails.--The Civil Rights Division (CRT) is directed to increase
efforts to investigate and address violations of the Civil
Rights of Institutionalized Persons Act (Public Law 96-247) in
State and local prisons and jails.
Prosecutions Relating to Title 8 United States Code.--The
Department shall report within 120 days of the date of
enactment of this act to the Committees on Appropriations and
the Judiciary of the House of Representatives and the Senate on
the number of investigations and prosecutions carried out in
fiscal year 2022 under sections 1325 and 1326 of title 8,
United States Code, and the estimated resources dedicated to
these investigations and prosecutions.
VACCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $31,738,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $225,000,000 for the Antitrust
Division (ATR). This appropriation is offset by an estimated
$190,000,000 in pre-merger filing fee collections, resulting in
a direct appropriation of $35,000,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,632,000,000 for the Executive
Office for United States Attorneys (EOUSA) and the 94 United
States Attorneys' offices, of which $40,000,000 shall remain
available until expended. Within the funding provided, up to
$10,000,000 shall be for additional expenses relating to the
enforcement of 34 U.S.C. 12601, criminal enforcement under 18
U.S.C. 241-242, and administrative enforcement by the
Department of Justice, including compliance with consent
decrees or judgments entered into under such sections. The
agreement provides increases for heightened prosecution
workload arising from the U.S. Capitol attack and domestic
terrorism cases; COVID-19 fraud cases, civil rights, and white-
collar crime investigations; the McGirt v. Oklahoma case
increase; and to support EOUSA cyber and eLitigation
initiatives. In addition, the agreement provides no less than
the fiscal year 2022 level for continued civil rights
enforcement that will advance both criminal and civil
litigation, including the prosecution of sex and labor
trafficking.
Trafficking Victims--EOUSA, in consultation with United
States Attorneys, shall comply with requirements under the
Trafficking Victims Protection Act to provide support,
training, and technical assistance to each Assistant United
States Attorney designated as lead human trafficking
prosecutor. In addition, EOUSA, in consultation with the
Department of Homeland Security, is encouraged to develop a
process to enable survivors with T visas to obtain an expedited
letter of support from the DOJ when their criminal case is
closed, and shall report not later than 90 days after the date
of enactment of this act on steps it has taken to ensure that
the Department of Justice can process requests for letters of
support to T visa survivors in under three months.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $255,000,000 for the United States
Trustee Program.
Availability of Refunds Due to Depositors.--The reference
to the phrase ``refunds due to depositors'' in the
appropriation for the United States Trustee System Fund is
intended to apply to programmatic refunds payable in the
ordinary course. These would include refunds that come due
under the ordinary operation of the fee statute as enacted by
Congress and administered by the United States Trustee Program,
such as refunds due to adjustments between a debtor's estimated
and actual quarterly expenditures. The phrase is not intended
to apply to final judgments, awards, compromise settlements,
and any interest and costs specified in the judgments or
interest and costs otherwise authorized by law.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,504,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
The Department is expected not to obligate funds for expert
witness services, including the payment of fees and expenses of
expert witnesses, from any other DOJ accounts other than Fees
and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $25,024,000 for the Community
Relations Service.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,705,000,000 for the salaries and
expenses of the United States Marshals Service (USMS). Within
the funding provided, the agreement includes increases to
enhance judicial security, equip Deputy USMs and task force
partners with body-worn cameras, meet obligations pursuant to
the McGirt decision, and enhance USMS capacity to carry out its
missions for fugitive apprehension, missing child and sex
offender investigations, and to address challenges posed by
domestic terrorism and violent crime. For fiscal year 2023,
USMS is directed to continue following the directives and
reporting requirements in the joint explanatory statement
accompanying Public Law 117-103 for ``International
Operations.''
The USMS shall report monthly to the Committees on the cost
of security provided for the Federal judiciary, to include
details, threat assessments and intelligence, and related
operational or equipment support, and breaking out costs
associated with protection of Supreme Court Justices. The USMS
is expected to advise the Committees of anticipated resource
needs to provide security, to include possibly through
reprogramming or transfers.
DOJ shall continue to provide quarterly reports on USMS'
use of Assets Forfeiture Fund (AFF) funding, as directed in
Senate Report 116-127 and adopted by Public Law 116-93.
Regional Fugitive Task Forces (RFTF).--The USMS is directed
to follow the directive in the joint explanatory statement
accompanying Public Law 117-103 for USMS to submit an updated
report on the expansion of the RFTF program. In contemplating
the establishment of new RFTFs, the USMS is directed to give
consideration to regions of the United States that are not
currently served by an RFTF, including the Midwest and New
England.
CONSTRUCTION
The agreement includes $18,000,000 for construction and
related expenses in space controlled, occupied, or utilized by
the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $2,129,789,000 for Federal Prisoner
Detention (FPD).
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $133,512,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $550,458,000 for the Organized Crime
and Drug Enforcement Task Forces (OCDETF), of which
$386,513,000 is for investigations and $163,945,000 is for
prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $10,676,000,000 for the salaries and
expenses of the FBI, including $1,959,824,000 for Intelligence,
$4,328,648,000 for Counterterrorism and Counterintelligence,
$3,740,492,000 for Criminal Enterprises and Federal Crimes, and
$647,036,000 for Criminal Justice Services. The agreement
includes additional resources for counterterrorism, including
to counter domestic terrorism; address cyberthreats,
cybersecurity, and technology needs; and civil rights, violent
crime and corruption investigations. The agreement also
includes not less than $125,000,000 for the National Instant
Criminal Background Check System (NICS), in addition to
$100,000,000 that was funded through the Bipartisan Safer
Communities Act.
Within the funding provided, up to $5,000,000 shall be for
additional expenses relating to the enforcement of 34 U.S.C.
12601, criminal enforcement under 18 U.S.C. 241-242, and
administrative enforcement by the Department of Justice,
including compliance with consent decrees or judgments entered
into under such sections.
For fiscal year 2023, the FBI is directed to continue
following the directives in the joint explanatory statement
accompanying Public Law 117-103 on the following topics:
``Human Rights Violations,'' ``Agent Retention,'' ``Cyber
Information Sharing,'' ``Counter-Improvised Explosive Device
IED) Research,'' and ``FBI Police.'' The FBI shall submit
updated reports consistent with the directives.
OIG Audits on NICS Protocols and Procedures.--The FBI shall
submit a report on NICS protocols and procedures not later than
90 days after the date of enactment of this act. This report
shall provide detailed explanations of how the FBI is
addressing each of the recommendations described in both the
OIG's September 2016 ``Audit of the Handling of Firearms
Purchase Denials Through the National Instant Criminal
Background Check System'' (Report 16-32) and the July 2021
``Audit of Selected Aspects of the Federal Bureau of
Investigation's National Instant Criminal Background Check
System'' (Report 21-095). If the FBI is not implementing a
specific recommendation from these audits, the Bureau shall
explain whether it intends to implement the specific
recommendations and if not, why not. The report shall also
describe any changes to the Standard Operating Procedures the
FBI has made since 2015 to better process NICS inquiries in the
three-day period. All unclassified data shall be publicly
reported by the FBI.
National Bioforensic Analysis Center (NBFAC).--Within the
funding provided, the FBI is supported at $21,840,000 for its
role at the NBFAC.
Computational Technology and Capacity.--The agreement
supports efforts by the Operational Technology Division and the
Science and Technology Branch, including through partnerships
with industry and academia, to develop and procure
infrastructure, technology, and associated manpower to
strengthen the FBI's scientific computing initiatives.
Hate Crimes Reporting.--The FBI is directed to continue
following the directives and reporting requirements in the
joint explanatory statement accompanying Public Law 117-103 on
``Hate Crimes Reporting.'' In addition, the report shall
include an assessment of whether jurisdictions reporting zero
hate crimes are accurate in their reporting and factors leading
to inaccurate reporting.
Submission of Hate Crimes Data.--The agreement urges the
FBI to conduct outreach and provide technical assistance to law
enforcement agencies that have not consistently reported hate
crimes data, with particular attention to small and rural
agencies with the fewest resources for administrative
management and data analysis. In addition, the agreement
continues to urge State, local, and Tribal law enforcement
agencies to include the cost of participation in the FBI's Hate
Crime Statistics Act program for the purposes of calculating
extraordinary expenses associated with the investigation and
prosecution of hate crimes under the Matthew Shepard and James
Byrd, Jr. Hate Crimes Prevention Act (HCPA), Public Law 111-84.
Background Checks for New Federal Government Senior
Appointees.--The FBI shall report not later than 120 days after
the date of enactment of this act with estimates of
investigative staff, staff support and other resources and
authorities required for the Bureau to complete the average
number of required background investigations for senior
appointees, including those subject to Senate confirmation, (1)
during the period between the presidential election and the
presidential inauguration, and (2) in the first 100 days of a
first-term presidential administration.
Anomalous Health Incidents (AHI).--The FBI is directed to
continue working with other Federal agencies and DOJ leadership
to create policies and procedures for the disbursement of
payments to assist FBI personnel and family members that have
experienced AHI, including a system for handling requests for
reimbursement, and to have such a system in effect by March 1,
2023. The FBI shall submit quarterly reports on the number of
requests for assistance, the unobligated balances of the
original $5,000,000 appropriated for this purpose, and any
additional resource needed to assist FBI's AHI victims.
Small, Medium, and Veteran-owned Businesses.--The FBI is
strongly encouraged to leverage the capabilities of established
small, medium, and veteran-owned businesses as it undertakes to
collocate complementary mission operations outside of the
national capital area.
Terrorist Explosive Device Analytical Center (TEDAC),
Hazardous Devices School (HDS), and International Advanced
Canine Technology Center.--The agreement supports not less than
fiscal year 2022 funding for TEDAC and operational support for
its campus to strengthen TEDAC's role as the U.S. Government's
strategic-level improvised explosive device exploitation
center, and also supports the FBI Weapons of Mass Destruction
Directorate's efforts at no less than the fiscal year 2022
enacted level, to better disseminate threat information to the
explosives detection canine community.
McGirt v. Oklahoma.--FBI shall report not later than 60
days after the date of enactment of this act on coordination
between its Oklahoma City Field Office and State and local
partners, including any needed resources for fiscal year 2024.
CONSTRUCTION
The agreement includes $651,895,000 for FBI construction,
which provides funding above the requested level for the FBI to
address its highest priorities outside of the immediate
national capital area, in addition to resources dedicated to
secure work environment projects and to continued safety and
security upgrades at its Quantico facilities.
The agreement does not include any funding for headquarters
construction. The agreement continues support for the FBI's
long-term vision for collocating complementary mission
operations while balancing the eventual transition into a new
headquarters building with changing footprints at Quantico,
Clarksburg, Huntsville, and Pocatello facilities. The delay in
the new FBI headquarters project only increases the need to
secure viable space for supporting a variety of mission,
workforce, and land requirements.
The agreement provides $590,000,000 to further support the
FBI's 21st Century Facility plans, and encourages the FBI to
transition from interim facilities to full operating
capabilities, to include incorporating planned technological
requirements. As part of this 21st Century Facility planning,
the FBI should continue to research the feasibility of using
public-private partnership opportunities, provided annual lease
and operating costs are reasonable and facilities can be built
and maintained that meet FBI's operational and security
requirements.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,563,116,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $581,487,000 from fees
deposited in the Diversion Control Fee Account to carry out the
Diversion Control Program, resulting in $3,144,603,000 in total
spending authority for DEA. The agreement includes $10,000,000
to assist State, local, and Tribal law enforcement agencies in
efforts to remove and dispose of hazardous materials at
methamphetamine and fentanyl labs and processing operations.
The agreement supports DEA expansion of its partnerships
through Operation Engage, information sharing and technology
infrastructure, body-worn camera programs, and increased
workload arising from the McGirt decision. Within funding
provided, the agreement supports DEA efforts to reverse the
decline in staffing levels. DEA is encouraged to assign special
agents to the areas most affected by methamphetamines and
opioids.
Hemp Testing Technology.--The agreement reiterates the
directive in the joint explanatory statement accompanying
Public Law 117-103 under this heading, and DEA shall submit
updated reports consistent with that directive.
Destruction of Controlled Substances.--DEA is encouraged to
engage in substantive conversations with industry stakeholders
on alternatives to incineration that meet the non-retrievable
standard. DEA shall report within 90 days of the date of
enactment of this act on its current and planned implementation
of 40 C.F.R. 266.506 (b)(3) and is further directed to review
technologies other than incineration that meet the non-
retrievable standard.
Bureau of Alcohol, Tobacco, Firearms and Explosives
The agreement includes $1,747,000,000 for the Bureau of
Alcohol, Tobacco, Firearms and Explosives.
SALARIES AND EXPENSES
The agreement includes $1,672,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). The agreement expects ATF to comply with
directives agreed to within the Bipartisan Safer Communities
Act (Public Law 117-159), including dedicating funds for the
Anti-Straw Purchasing Campaign. For fiscal year 2023, the ATF
is directed to continue following the directives in the joint
explanatory statement accompanying Public Law 116-260 on
``Crime Gun Intelligence Centers (CGICs).'' The ATF shall
submit updated reports consistent with the directives.
Training Law Enforcement Partners.--ATF is expected to
continue to provide training to local and State law enforcement
agencies on submitting trace requests of firearms recovered in
criminal investigations to ATF. The agreement supports the
ongoing efforts of Federal, State, and local law enforcement
agencies to solve violent crimes and urges ATF to provide all
possible training opportunities in support of these efforts.
Tobacco Enforcement.--The agreement reminds ATF of the
report under the ``Tobacco Enforcement'' heading contained
within the joint explanatory statement accompanying Public Law
117-103, which directed ATF to submit a report assessing
investments in tobacco initiatives in each fiscal year since
2017, and directs ATF continue this report in fiscal year 2023.
National Integrated Ballistic Information Network (NIBIN)
Expansion.--The ATF is directed to examine ways to expand
access to NIBIN to State and local agencies in the New England
region.
Out-of-Business Records (OBRs).--ATF is directed to submit
a report, within 60 days of the date of enactment of this act,
that details: (1) how many of the total OBRs reflect
transactions that occurred before 2002; (2) what year the
oldest OBRs are from that are currently maintained in the ATF
repository; and (3) for the traces completed in the past 5
years using OBR records, how old the records were that were
subject to a trace.
Freedom of Information Act (FOIA) Compliance.--ATF is
expected to comply with its obligations under FOIA. ATF is
directed to submit a report, within 90 days of the date of
enactment of this act, on how ATF assesses agency records for
release under FOIA.
Bomb Arson Tracking System (BATS).--The ATF is directed to
proceed with a fully integrated solution for BATS upgrades as
the platform is nearing its end cycle. Within the funds
provided, the agreement expects ATF to prioritize funding for
this project; however, should funds not be sufficient to cover
the upgrade, the ATF is directed to submit a reprogramming
notification and encourages ATF to include it as part of the
fiscal year 2023 spend plan submission.
CONSTRUCTION
The agreement includes $75,000,000 for the construction of
an ATF forensics laboratory, at the location cited in the ATF
report to the Committees entitled ``ATF Laboratory Facilities
Assessment and Alignment with Partnerships,'' which provides a
mutually beneficial academic setting in which knowledge and
skills related to forensic science and ATF's crime gun
intelligence programs are passed on to students and faculty.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $8,392,588,000 for the salaries and
expenses of the Federal Prison System. The agreement fully
funds the requested $409,483,000 for programs and activities
authorized by the First Step Act of 2018 (FSA), including
medication-assisted treatment, FSA programming staff, and
Special Education instructors at each Bureau of Prisons (BOP)
facility. The agreement includes $180,460,000 above the request
to sustain and increase BOP hiring efforts, and $25,560,000 for
BOP's Land Mobile Radio and Video Security upgrades. The
agreement also includes new language providing that not less
than two percent of the FSA funding may be transferred to the
National Institute of Justice to carry out required evaluations
of FSA programs and activities. Within the funding provided for
FSA, the agreement supports up to $1,200,000 for an initiative
to satisfy the FSA requirement for an evidence-based dyslexia
screener, and BOP is directed to report not later than 90 days
after the date of enactment of this act on its implementation
of this initiative.
For fiscal year 2023, BOP is directed to continue following
the directives in the joint explanatory statement accompanying
Public Law 117-103 on the following topics: ``Overtime Pay
Rate,'' ``Correctional Officer Pay,'' ``First Step Act (FSA)
Implementation,'' ``Additional Requirements of the FSA,''
``Residential Reentry Centers,'' ``Home Confinement,'' and
``Inmate Mental Health and Restrictive Housing.'' BOP shall
submit updated reports consistent with the directives. DOJ and
BOP are reminded of the requirement to submit all reports to
the Committees on time, including those required quarterly.
Augmentation.--BOP is directed to continue following the
directives and reporting requirements in the joint explanatory
statement accompanying Public Law 117-103 on the topic
``Augmentation.'' In addition, BOP is directed to ensure that
non-custody correctional employees must spend 90 percent of
their work week in their primary positions.
Hiring, Staffing and Vacancies.--BOP shall provide a report
to the Committees not later than 120 days after the date of
enactment of this act on the status of its efforts to recruit
and retain employees, including its outreach and its use of
retention and recruitment incentives, as well as the rate at
which these incentives have maintained parity with other
Federal agencies and inflation. BOP shall continue to follow
the directives in the joint explanatory statement accompanying
Public Law 117-103 under the headings ``Hiring, Staffing, and
Inmate-to-Officer Ratios'' and ``Vacancies,'' and to update all
associated reports consistent with those directives.
Correctional Officer Pay.--BOP, in consultation with the
DOJ Justice Management Division, is directed to review current
pay scales for its correctional officers in comparison to
comparable employees in DOJ law enforcement components and
State and local agencies, to include assessing the potential
opportunity to raise the pay band and any associated resource
requirements. The results of the review shall be shared with
the Committees not later than 180 days after the date of
enactment of this act.
First Step Act Implementation and Additional Requirements
of the FSA.--BOP shall continue to follow directives under
these headings in the joint explanatory statement accompanying
Public Law 117-103.
In addition, with regard to FSA Evidence-Based Recidivism
Reduction (EBRR) and Productive Activities (PA) requirements
BOP shall report not later than 90 days after the date of
enactment of this act on: (1) whether each approved EBRR and PA
is internal, BOP-contracted, or an external third-party
program; (2) any difference in the criteria and evaluation
process for suitability of such programs; (3) the number of
external faith-based programs that sought to qualify as an EBRR
and PAs under FSA, including the number denied, number of
requests pending, names of accepted applicants and faith
affiliation, if any; (4) BOP actions to promote submissions of
external programs for consideration as EBRRs and PAs; and (5)
list of ``faith-based recidivism-reduction partnerships''
reported in the Bureau of Justice Statistics reporting on FSA
implementation. The report shall describe efforts to fill
vacant programming and other dedicated FSA positions, improve
EBRR credit calculation transparency, EBRR programming
available, the hours of EBRR credit participants earn for
participation in such programs, and the need for and
availability of medication-assisted treatment at each BOP
facility.
Reentry Guidance for Prison Education Programs.--DOJ is
encouraged to collaborate with the Department of Education in
developing and providing technical assistance to the BOP, State
departments of corrections, and other entities responsible for
preparing individuals to leave prison, enter their communities,
continue education, or seek employment. BOP shall provide
guidance on best practices for integrating reentry planning for
participants in prison education programs, which should address
evidence-based strategies to ensure successful entry.
BOP Facilities and Residential Reentry Centers (RRCs)
Study.--BOP is directed to conduct a study on the need for and
feasibility of establishing a BOP facility in Alaska, to
include potential cost, size, and location, as well as on the
feasibility of expanding RRC capacity in Alaska and Hawaii to
help those released from incarceration reenter their community
per FSA requirements. BOP shall submit this study within 180
days of the date of the enactment of this act.
Roadmap to Reentry.--BOP is directed to reestablish and
begin implementing the principles identified in the Justice
Department's ``Roadmap to Reentry,'' including: (1)
individualized reentry plans for individuals; (2) access to
education, employment training, life skills, substance abuse,
mental health, and other programs; (3) resources and
opportunities to build and maintain family relationships; (4)
individualized continuity of care; and (5) comprehensive
reentry-related information and access to resources.
Extreme Weather Plans.--BOP shall issue clear and
consistent policies and guidance across all BOP facilities
regarding preparations for and responses to extreme weather
events, including by establishing temperature thresholds for
health and safety at BOP facilities.
Disaster Damage.--BOP shall report not later than 180 days
after the date of enactment of this act to the Committees on
Appropriations, the Judiciary, and Homeland Security and
Governmental Affairs of the House of Representatives and the
Senate on the scope of physical damage during fiscal years
2015-2022 from storm damage at BOP-owned or managed facilities,
and other impacts, to include: (1) injury and loss of life; (2)
impact on provision of healthcare, dietary services, water,
personal protective equipment, and personal hygiene products;
(3) handling of early release or home confinement requests; (4)
access to cost-free, uninterrupted access to legal counsel and
visitors; (5) access to appropriate accommodations for inmates
with disabilities; (6) access to educational and work programs;
(7) assessment of the cost of facility damage and estimates for
repairs; (8) the impact on staffing, equipment, and financial
resources; and (9) other factors affecting health, safety, and
civil rights of the correctional population. This report shall
include any corrective actions BOP has undertaken or plans to
undertake to improve and modernize emergency preparedness
plans, as they relate to natural disasters, extreme weather,
and public health emergencies and a timeline to implement any
corrective action plans. This report shall also include agency
corrective actions that BOP has undertaken or plans to
undertake to improve and modernize emergency preparedness
plans, as they relate to natural disasters, extreme weather,
and public health emergencies and a timeline to implement any
corrective action plans.
Swift-Certain-Fair (SCF) Model in the Federal Prison
System.--The SCF model has proven to be an effective deterrent
for incarcerated populations in State and local corrections
settings. BOP is directed to study the feasibility of
establishing SCF pilot programs in BOP housing units based upon
best practices developed by other applicable corrections
agencies.
BUILDINGS AND FACILITIES
The agreement includes $290,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, of which
$182,000,000 is included under this heading in division N. BOP
shall proceed with ongoing planned and associated new
construction efforts to meet projected capacity requirements,
as identified in its monthly status of construction reports to
the Committees. BOP is directed to continue to provide such
reports monthly, along with notifications and explanations of
any deviation from construction and activation schedules, and
any planned adjustments or corrective actions.
Modernization and Repair (M&R) of Existing Facilities.--BOP
is expected to apply the funding to reduce its longstanding M&R
backlog and is directed to prioritize funding for repairs that
protect life and safety. BOP shall continue to provide monthly
status of construction reports and notify the Committees of any
changes reflected in those reports. House language regarding
facilities with geological or seismological deficiencies is not
adopted.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $4,424,485,000 for State
and local law enforcement and crime prevention programs. This
amount includes $133,000,000 scored as mandatory for Public
Safety Officer Benefits.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 on the following
topics: ``Management and Administration Expenses,'' ``Grant
Funding Set-Asides,'' ``DOJ Grant Oversight,'' ``Grant Funds
for Rural Areas,'' ``Science Advisory Board,'' ``Post-
Conviction Relief for Trafficking Victims,'' and ``Sexual Abuse
Services in Detention Hotline.'' The Department shall submit
updated reports consistent with the directives. The Department
is further directed to submit an annual report on grant
programs that have not received a sufficient number of
qualified applicants.
Bipartisan Safer Communities Act.--The agreement recognizes
that Congress passed the Bipartisan Safer Communities Act, or
``BSCA'', (Public Law 117-159) on June 25, 2022, which included
$1,600,000,000 in supplemental appropriations for the
Department beginning in fiscal year 2022 and available through
2026. Of this amount $1,500,000,000 was included for existing
grant programs including STOP School Violence, the Community
Violence Intervention and Prevention Initiative, and the
National Criminal Records History Improvement Program (NCHIP),
as well as a new Byrne State-Crisis Intervention program. For
fiscal year 2023, in addition to the funds made available for
these programs in this Act, the agreement expects that funding
for these programs will be supplemented through the funds
provided in the BSCA pursuant to the spend plan submitted to
the Committees on August 9, 2022. Further, the agreement
directs the Department to continue following the directives in
the joint explanatory statement accompanying Public Law 117-103
under the heading ``STOP School Violence Act.''
The agreement acknowledges that the Fix NICS Act (Public
Law 115-141) allows the Attorney General to waive the National
Criminal History Improvement Program (NCHIP) match for States
that are in compliance with the implementation plan required
under Section 107 of the NICS Improvement Amendments Act of
2007 (Public Law 110-180). The Department is directed to remind
States of the possibility of this waiver in guidance or
technical assistance regarding this grant program. Further, the
Department is urged to ensure that grants made under the NCHIP
can be made available for supporting States in the planning and
the implementation of records systems that allow for the
efficient expungement or sealing of qualifying criminal history
records without requiring those eligible to apply.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $129,000,000 in discretionary grant funding
for Tribes as follows: $60,000,000 within the Office of Justice
(OJP) for Tribal assistance; $17,000,000 for a Tribal youth
program within the Office of Juvenile Justice and Delinquency
Prevention (OJJDP); $34,000,000 for Tribal resources and
$4,000,000 for a Tribal Access Program within the COPS Office;
and $11,000,000 for a special domestic violence criminal
jurisdiction program and $3,000,000 for a Special Assistant
U.S. Attorney on Tribal land program within the OVW. In
addition, a total of $95,000,000 is provided to Tribal
governments and Tribal coalitions in OVC funding as part of
set-asides determined by program statute. For fiscal year 2023,
the Department is directed to continue following the directives
and reporting requirements in the joint explanatory statement
accompanying Public Law 116-260 for ``Tribal Grants and Victim
Assistance.''
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $700,000,000 for the Office on
Violence Against Women. These funds are distributed as follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants................................................ $255,000
Transitional Housing Assistance............................ 50,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth-Oriented Program........................ 17,000
Engaging Men and Youth in Prevention..................... (3,500)
Improving Criminal Justice Responses....................... 60,500
Homicide Reduction Initiative............................ (4,000)
Domestic Violence Firearms Lethality Reduction Initiative (4,000)
Policing and Prosecution Initiative...................... (8,000)
Prosecution and Investigation of Online Abuse Initiative. (1,000)
Sexual Assault Services Program............................ 78,500
Rural Domestic Violence and Child Abuse Enforcement........ 50,000
Violence on College Campuses............................... 25,000
HBCU, HSI and Tribal Colleges and Universities........... (12,500)
Legal Assistance for Victims............................... 55,000
Abuse Later in Life Program................................ 9,000
Justice for Families Program............................... 22,000
Disabilities Program....................................... 12,000
National Resource Center on Workplace Responses............ 1,000
Research on Violence Against Indian Women.................. 1,000
Indian Country Sexual Assault Clearinghouse................ 500
Tribal Special Domestic Violence Criminal Jurisdiction..... 11,000
Rape Survivor Child Custody Act............................ 2,500
Restorative Justice Responses and Evaluations.............. 15,000
Culturally Specific Programs............................... 11,000
Tribal Special Assistant US Attorneys...................... 3,000
LGBT Specific Services Program............................. 1,000
National Deaf Services Line................................ 2,000
Underserved Populations Program............................ 5,000
Financial Assistance Program............................... 4,000
Abby Honold Act............................................ 5,000
Campus Assault Program..................................... 1,500
============
Total, Violence Against Women Prevention and $700,000
Prosecution Programs..................................
------------------------------------------------------------------------
To minimize fraud, waste, and abuse in these programs, OVW
is encouraged to implement any open recommendations of the
Department's OIG with respect to the recipients of grants under
these programs.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including Services, Training, Officers, and
Prosecutors (STOP) Grants and Sexual Assault Services Program
grants, outline set-asides for Tribal governments and
coalitions, culturally specific community-based organizations,
and organizations providing services to underserved
populations. These set-asides provide a total of $90,098,535
for fiscal year 2023, with $66,263,535 for Tribal governments
and coalitions, $17,425,000 for culturally specific
organizations, and $6,410,000 to meet the needs of underserved
populations. OVW shall ensure that the full amounts provided
for in the authorizing statutes are awarded expeditiously.
Sexual Assault Survivor's Bill of Rights.--The agreement
provides $10,000,000 as part of the STOP grants for a new
program authorized by section 5903 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023,
including the right to receive medical forensic examinations,
the preservation of evidence collection kits, and access to
information resulting from such kits, prior notification of any
destruction or disposal of evidence collection kits, and the
right to request further preservation of any such kit. The
Department is further directed to submit its plan for
administering this program, including the grant solicitation
process, as part of the fiscal year 2023 spend plan. Within one
year of the date of enactment of this act, DOJ shall provide a
report to the Committees on the number of States that have
applied for grants, the number of awards made and the
respective award amounts, and the level of unmet demand for
this program.
Victim Services on Campus.--The agreement includes
$2,000,000 for a demonstration program to expand access to
holistic assault services on college campuses with the intent
to establish a best practices guide for other institutions to
implement. The Department should partner with an accredited
post-secondary institution in the greater Gulf Coast region
that has expertise in this area, including both an established
campus-based sexual assault nurse examiner program and an
established campus-based multidisciplinary sexual assault
response team, affiliation agreements with both an acute care
hospital-based sexual assault program as well as a community-
based sexual assault victim service provider, and an existing
infrastructure to provide evidence and simulation-based
training and education to multidisciplinary team members.
Office of Justice Programs
RESEARCH, EVALUATIONS AND STATISTICS
The agreement provides $77,000,000 for the Research,
Evaluation and Statistics account. These funds are distributed
as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics............................... $42,000
National Institute of Justice.............................. 35,000
Domestic Radicalization Research......................... (7,500)
Research on School Safety................................ (1,000)
Violence Against American Indian/Alaskan Natives at (1,000)
Extraction Sites........................................
Gun Violence Prevention.................................. (1,000)
Campus Sexual Assault Climate Survey..................... (1,000)
School-Based Hate Crimes................................. (1,200)
Law Enforcement Response to Opioid Overdoses............. (1,000)
============
Total, Research, Evaluation and Statistics............. $77,000
------------------------------------------------------------------------
For fiscal year 2023, the Department is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Spending Plans'' as well as the directives and
reporting requirements in the joint explanatory statement
accompanying Public Law 117-103 regarding ``Correctional
Education Evaluation.''
Assessment of National Institute of Justice (NIJ) and
Bureau of Justice Statistics (BJS).--Directives under the
Foundations for Evidence-Based Policymaking Act of 2018 (Public
Law 115-435) (``Evidence Act'') and other congressionally-
requested initiatives have given NIJ and BJS additional
responsibilities and obligations. The agreement directs OJP to
conduct a full assessment of the impact on NIJ and BJS
regarding the Evidence Act and other congressionally-requested
initiatives, including their ability to keep pace with cutting-
edge scientific practices and emerging policy needs. OJP is
further directed to develop a forward-looking vision for
strengthening these agencies' abilities to respond nimbly to
and anticipate future needs and scientific developments over
the next decade and identify the resources needed to achieve
this vision. These activities should, where possible, be
integrated into OJP's implementation of the Evidence Act. OJP
shall provide an update to the Committees on its progress
within 180 days of the date of enactment of this act.
Research on Violence Against Women.--In addition to
$3,500,000 transferred from the OVW for research and evaluation
on violence against women and Indian women, the agreement
provides $1,000,000 for NIJ to research domestic violence
radicalization and $1,000,000 for research on violence against
Native Americans, Alaska Natives and other Indigenous
communities at extraction sites. NIJ is encouraged to undertake
additional research regarding domestic violence homicide
prevention.
Study on School-Based Hate Crimes.--The agreement provides
$1,200,000 for NIJ to administer a competitive grant to an
accredited research university for a study covering the
purposes of the solicitation for opportunity number O-NIJ-2022-
171191 in the K-12 education system to understand the scope,
characteristics, and outcomes of these incidents.
Study on Law Enforcement Responses to Opioid Overdoses.--
The agreement provides $1,000,000 for NIJ to administer a
competitive grant to an accredited research university for a
study regarding law enforcement's responses to opioid
overdoses. The study shall take into account law enforcement's
responses with linked community agencies and also include
specific practices utilized to ensure the well-being,
assessment, and protection of children in these situations.
In lieu of House report language regarding the ``Community
Oriented Policing Services (COPS) Hiring Program'' the
agreement directs the Department to report to the Committees,
no later than 180 days after the enactment of this act, on the
feasibility of assessing State and local law enforcement pay
compared to the cost of living in the jurisdiction for which
they serve. The agreement encourages the Department to include
in its report any challenges or limitations in performing this
type of survey as well as funding that would be required to
perform this work.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $2,416,805,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................. $770,805
Officer Robert Wilson III VALOR Initiative............... (13,000)
NamUs.................................................... (3,500)
Officer Training for Responding to People with Mental (10,000)
Illness or Disabilities.................................
John R. Justice Grant Program............................ (5,000)
Prison Rape Prevention and Prosecution................... (15,500)
Kevin and Avonte's Law................................... (3,000)
Project Safe Neighborhoods............................... (20,000)
Capital Litigation and Wrongful Conviction Review........ (13,000)
National Center on Restorative Justice................... (3,000)
Ashanti Alert Network.................................... (1,000)
Family-Based Alternative Sentencing Pilot Programs....... (3,500)
Child Advocacy Training.................................. (2,000)
Rural Violent Crime Initiative........................... (8,000)
Missing Persons and Unidentified Remains Act............. (6,000)
Drug Data Research Center to Combat Opioid Abuse......... (4,000)
Forensics Ballistics Programs in Higher Education........ (1,500)
Byrne Discretionary Community Project Funding/Byrne (229,551)
Discretionary Grants....................................
Multidisciplinary Partnership Improvements for Protective (5,000)
Order...................................................
Virtual Training for Law Enforcement..................... (5,000)
Cybercrime Enforcement and National Resource Center...... (7,000)
State Criminal Alien Assistance Program.................. 234,000
Victims of Trafficking Grants............................ 95,000
Economic, High-tech, White Collar and Cybercrime 13,000
Prevention..............................................
Intellectual Property Enforcement Program................ (2,500)
Internet of Things Training Modules...................... (2,000)
Adam Walsh Act Implementation............................ 20,000
Patrick Leahy Bulletproof Vest Partnership Grant Program. 30,000
Transfer to NIST/OLES.................................... (1,500)
National Sex Offender Public Website..................... 1,000
National Instant Criminal Background Check System (NICS) 95,000
Initiative..............................................
NICS Acts Record Improvement Program..................... (25,000)
Paul Coverdell Forensic Science.......................... 35,000
DNA Initiative........................................... 170,000
Debbie Smith DNA Backlog Grants.......................... (130,000)
State and Local Forensic Activities...................... (20,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants...... (15,000)
Sexual Assault Forensic Exam Program Grants.............. (5,000)
Sexual Assault Kit Initiative (SAKI)..................... 55,000
CASA--Special Advocates.................................. 15,000
Tribal Assistance........................................ 60,000
Second Chance Act/Offender Reentry....................... 125,000
Smart Probation.......................................... (8,000)
Children of Incarcerated Parents Demo Grants............. (5,000)
Pay for Success.......................................... (7,500)
Project HOPE Opportunity Probation with Enforcement...... (5,000)
Crisis Stabilization and Community Reentry............... (10,000)
Anti-Opioid Initiative................................... 445,000
Drug Courts.............................................. (95,000)
Mentally Ill Offender Act................................ (45,000)
Residential Drug Treatment............................... (45,000)
Veterans Treatment Courts................................ (35,000)
Prescription Drug Monitoring............................. (35,000)
Comprehensive Opioid, Stimulant, and Substance Use (190,000)
Disorder Program........................................
Keep Young Athletes Safe Act of 2018..................... 2,500
STOP School Violence Act................................. 82,000
Emmett Till Act Grants................................... 3,500
Hate Crimes Prevention Act Grants........................ 25,000
Community-Based Approaches to Advancing Justice.......... 10,000
Jabara-Heyer NO HATE Act................................. 10,000
Community Trust Initiative............................... 120,000
Body Worn Camera Partnership Program..................... (35,000)
Justice Reinvestment Initiative.......................... (35,000)
Community Violence Intervention and Prevention........... (50,000)
============
Total, State and Local Law Enforcement Assistance...... $2,416,805
------------------------------------------------------------------------
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 116-260 on the following
topics: ``Project Safe Neighborhoods,'' ``Group Violence
Intervention,'' ``Grants to Combat Human Trafficking,''
``Patrick Leahy Bulletproof Vest Partnership Grant Program,''
``Sexual Assault Kit Initiative,'' ``Keep Young Athletes Safe
Act,'' ``Paul Coverdell Forensic Science,'' ``Comprehensive
Addiction and Recovery Act (CARA) Programs,'' and ``Body-Worn
Camera Partnership Program.'' In addition, the Department is
directed to continue following the directives in House Report
117-97 adopted by reference in Public Law 116-260 on ``Byrne
Memorial Justice Assistance Grant (Byrne-JAG) Formula program''
and the joint explanatory statement accompanying Public Law
117-103 on ``Uses of Byrne-JAG Funds.'' The agreement urges the
Department to release Byrne-JAG funds as expeditiously as
possible and clarifies that Byrne-JAG funding may not be made
available for luxury items, real estate, or construction
projects. Lastly, the agreement urges Byrne-JAG recipients to
offer meaningful language access to applicable programs and
services for individuals with limited English proficiency,
where practicable. The Department shall submit updated reports
consistent with the directives.
For fiscal year 2023, the Department is directed to
continue following the directives in the joint explanatory
statement accompanying Public Law 117-103 on the following
topics: ``Officer Training on Responding to People with Mental
Illness or Disabilities,'' ``Capital Litigation Improvement and
Wrongful Conviction Review,'' ``DNA Initiative,'' ``Second
Chance Act,'' ``Community Based Violence Intervention and
Prevention Initiative (CVIPI),'' and ``Forensic Ballistics and
Higher Education.''
The agreement adopts and reinforces language in House
Report 117-395 under the heading ``Rapid DNA.''
National Center on Restorative Justice.--Of the $3,000,000
provided in the agreement for this program, no less than
$2,500,000 shall be used to continue a partnership with an
accredited university of higher education and/or law school for
the purposes of supporting a National Center on Restorative
Justice (the ``Center'') to educate and train the next
generation of justice leaders. The Center shall also continue
to support research focusing on how best to provide direct
services to address social inequities, such as simultaneous
access to substance abuse treatment and higher education.
Further, the Center will expand educational opportunities for
those under sentence and in a court-supervised substance abuse
program, and, through research and evaluation, the Center will
disseminate reports on the impact of attitudes, recidivism, and
costs of the educational initiatives. Up to $500,000 may be
used to support microgrants to innovative restorative justice
projects in communities across the country.
Drug Data Research Center to Combat Opioid Abuse.--The
agreement provides $4,000,000 for the continuation of a
national drug data research center to combat opioid abuse that
is at an accredited institution of higher education that
conducts research on opioids, has existing expertise in
databases, statistics, and geographic information systems, and
has an established network of subject and behavioral matter
experts.
Virtual Training.--The agreement provides $5,000,000 for
OJP to partner with no fewer than two universities in a joint
effort to develop a training regime with artificial
intelligence and virtual reality.
Internet of Things Capabilities Database.--The agreement
provides $2,000,000 for a separate competitive grant program in
order to provide four awards of not less than $500,000 each for
institutions of higher learning that provide training in
computer forensics and digital investigation to develop a
database on Internet of Things device capabilities and to build
and execute training modules for law enforcement.
Sexual Assault Nurse Examiner (SANE) Training Program
Grants.--The Department is encouraged to prioritize rural,
Tribal, underserved communities, and urban areas without full-
time coverage for this program. Within the amount provided for
Sexual Assault Forensic Exam Program, $2,000,000 shall be to
establish regional SANE training programs, which are identified
as establishing a level of excellence in forensic nursing and
are qualified to prepare current and future sexual assault
nurse examiners/forensic nurse examiners to be profession-ready
and meet the applicable State certification and licensure
requirements. These programs shall provide training and
supervision to nurses with the purpose of increasing sexual
assault forensic nurse capacity in rural areas, and in support
of population-specific programs and hospitals including, but
not limited to, underserved or historically underfunded
communities. Entities receiving these funds shall promote best
practices in forensic nursing throughout a region, while
continuing to research and develop the highest standards of
care.
Sexual Assault Kit Initiative.--The Department should
maximize the results of investments in sexual assault kit (SAK)
testing through continued research to identify best practices
for State, local, and Tribal jurisdictions in handling the
myriad issues that arise from perpetrator identification, such
as victim notification, investigation, prosecution,
documentation, forensic advancements, inter-jurisdiction
sharing, and tracking. The Department should also fund efforts
to support cross-jurisdiction and cross-site data sharing to
identify and pursue repeat offenders operating in multiple
jurisdictions. Finally, the Department should work further to
validate the extensive cost savings that result from the
prevention of future offenses as a result of SAK testing. The
Department is directed to support efforts that advance these
objectives and BJA is directed to issue a report within one
year of the date of enactment of this act on the number of
partially tested kits.
Assessing Reentry Impacts on Local Communities.--When
awarding Second Chance Act grants, OJP shall consider the
impact of reentry of prisoners on communities in which a
disproportionate number of individuals reside upon release from
incarceration. OJP shall assess the reentry burdens borne by
local communities and local law enforcement agencies, review
the resources available in such communities to support
successful reentry and the extent to which those resources are
used effectively, and make recommendations to strengthen the
resources in such communities that are available to support
successful reentry and to lessen the burden placed on such
communities by the need to support reentry.
Project HOPE Institute.--The agreement provides $5,000,000
for Project HOPE, of which not less than $500,000 shall be to
continue the Project HOPE Institute to provide training,
technical assistance, and best practices for jurisdictions
replicating the HOPE model. BJA shall award grants to support
both existing Project HOPE models and new jurisdictions.
Veterans Treatment Courts.--OJP is directed to keep the
Committees apprised of the status of the evaluation to be
completed under the NIJ solicitation ``NIJ Multisite Impact and
Cost-Efficiency Evaluation of Veterans Treatment Courts, Fiscal
Year 2022.'' BJA is urged to promote awareness of veterans
treatment court funding opportunities within State court
systems. OJP shall report, within 180 days of the enactment of
this act, on these efforts, including efforts to administer the
program through a dedicated solicitation.
Keep Young Athletes Safe Act.--The agreement provides
$2,500,000 for a competitive grant program to safeguard young
athletes against abuse in sports, including emotional,
physical, and sexual abuse. The Department is directed to
ensure that survivors' lived experiences are incorporated as
part of new curriculum, training materials, and technical
assistance, including a better understanding of how and when to
report. Any recommendations regarding youth athletes stemming
from the work and reporting by the Commission on the State of
U.S. Olympics and Paralympics shall be incorporated into this
program.
Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants (``projects'').--The agreement provides
$229,551,000 for projects to prevent crime, improve the
criminal justice system, provide victim services, and for other
related activities. The accompanying table details funding for
project activities, which are incorporated by reference in this
Act:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
JUVENILE JUSTICE PROGRAMS
The agreement includes $400,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants............................... $75,000
Emergency Planning--Juvenile Detention Facilities........ (500)
Youth Mentoring Grants. 107,000
Title V--Delinquency Prevention Incentive Grants........... 65,000
Prevention of Trafficking of Girls....................... (5,000)
Tribal Youth............................................. (17,000)
Children of Incarcerated Parents Web Portal.............. (500)
Girls in the Justice System.............................. (5,500)
Opioid Affected Youth Initiative......................... (12,500)
Children Exposed to Violence............................. (10,000)
Protecting Vulnerable and At-risk Youth.................. (2,000)
Victims of Child Abuse Programs............................ 41,000
Missing and Exploited Children Programs.................... 105,000
Training for Judicial Personnel............................ 4,500
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice................................ $400,000
------------------------------------------------------------------------
For fiscal year 2023, the Department is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Youth Mentoring Grants'' and ``Victims of Child
Abuse Act.'' Additionally, the Department is directed to follow
the directives and reporting requirements in the joint
explanatory statement accompanying Public Law 117-103 under the
headings ``Protecting Vulnerable and At-Risk Youth,''
``Statutes of Limitations on Crimes Against Children,''
``Missing and Exploited Children Programs,'' ``Advanced Skills
Training for Internet Crimes Against Children (ICAC)
Officers,'' and ``ICACCOPS Training.''
The agreement encourages OJJDP to review its suite of grant
programs in order to offer services and programs for children
and youth who have experienced complex trauma.
Arts in Juvenile Justice.--The Department shall continue to
develop the Arts in the Juvenile Justice Demonstration Program
as described in the joint explanatory statement accompanying
Public Law 117-103. OJJDP is encouraged to prioritize
applications within these competitive grants partners who have
experience in serving youth who are engaged, or at risk of
engaging, in the juvenile justice system as well as
partnerships developed through authentic collaboration with
young people who have lived expertise or experience. The OJJDP
shall provide a report not later than 180 days after the date
of enactment of this act on the use of funds, grant recipients,
and project purposes for fiscal years 2022 and 2023 funding,
including expansion of the program and creation of best
practices to replicate these kinds of partnerships.
Department of Defense Tracking and Response to Child
Abuse.--OJJDP is directed to coordinate with the Department of
Defense on the implementation of recommendations made in GAO's
report ``Increased Guidance and Collaboration Needed to Improve
DOD's Tracking and Response to Child Abuse'' (GAO-20-110),
including national agreements between child advocacy centers
and each military service.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $167,800,000 for the Public Safety
Officer Benefits program for fiscal year 2023.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $662,880,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants......................................... $324,000
Tribal Resources Grant Program........................... (34,000)
Regional Information Sharing Activities.................. (44,000)
Tribal Access Program.................................... (4,000)
Law Enforcement Mental Health and Wellness Act........... (10,000)
Collaborative Reform Model............................... (7,500)
Community Policing Development............................. 45,000
POLICE Act................................................. 12,000
Anti-Methamphetamine Task Forces........................... 16,000
Anti-Heroin Task Forces.................................... 35,000
STOP School Violence Act................................... 53,000
COPS Technology and Equipment Community Projects........... 177,880
============
Total, Community Oriented Policing Services............ $662,880
------------------------------------------------------------------------
For fiscal year 2023, the COPS Office is directed to
continue following the directives and reporting requirements in
the joint explanatory statement accompanying Public Law 116-260
regarding ``Anti-Methamphetamine Task Forces,'' ``Anti-Heroin
Task Forces,'' and ``School Resource Officers.'' Further, the
COPS Office is directed to follow the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 117-103 regarding ``COPS Hiring,'' ``Community
Policing Development (CPD), Training and Technical
Assistance,'' and ``Collaborative Reform Model.''
The agreement adopts and reinforces direction in House
Report 117-395 under the heading ``Active Shooter Training''
and further encourages the continued development of e-learning
resources to supplement in person training.
Additional Technical Assistance.--The Committee urges the
COPS Office to provide increased technical assistance to
applicants who have not previously received COPS grants or
otherwise indicate that they are newly establishing community-
oriented policing programs.
Regional Information Sharing Systems (RISS) Program.--The
Department shall assess no more than four percent of the total
appropriation for the RISS program for management and
administration purposes, so as to ensure sufficient funding is
available for law enforcement. The program shall continue to be
administered as grants.
Community Policing Development (CPD).--The agreement
provides $45,000,000 for CPD, which is directed to be provided
in competitive grants, including directly to law enforcement
agencies, in the following manner: $11,000,000 is to expand the
use of crisis intervention teams in order to embed mental and
behavioral health services with law enforcement, including
funding for specialized training; $16,000,000 is for officer
training in de-escalation, including scenario-based training
developed in collaboration with community-based organizations,
implicit bias, and duty to intervene techniques, of which no
less than $3,000,000 is for grants to regional de-escalation
training centers that are administered by accredited
universities of higher education and offer de-escalation
training certified by a national certification program;
$9,000,000 is for assisting agencies with gaining accreditation
to ensure compliance with national and international standards
covering all aspects of law enforcement policies, procedures,
practices, and operations of which no less than $2,500,000 is
to be provided for small and rural law enforcement agencies for
this purpose; $6,000,000 is for the continuation of the CPD
Microgrants program that provides funding for demonstration and
pilot projects that offer creative ideas to advance crime
fighting, community engagement, problem solving, or
organizational changes to support community policing; and
$3,000,000 is for grants to support tolerance, diversity, and
anti-bias training programs offered by organizations with well-
established experience training law enforcement personnel and
criminal justice professionals.
The agreement directs the Department to, within existing
discretionary grants that provide training for law enforcement
agencies, prioritize grants for nonprofits and other non-
governmental entities that have undergone rigorous evaluation
and have a successful track record of administering research-
based trainings to law enforcement agencies on the importance
of respecting civil and constitutional rights.
Community Oriented Policing Services, Technology and
Equipment Community Projects/COPS Law Enforcement Technology
and Equipment (``projects'').--The agreement provides
$177,880,000 for grants to State, local, Tribal, territorial,
and other entities to develop and acquire effective equipment,
technologies, and interoperable communications that assist in
responding to and preventing crime. The agreement notes that
the projects included in this statement should help improve
police effectiveness and the flow of information among law
enforcement agencies, local government service providers, and
the communities they serve. Equipment funded under this program
should meet any applicable requirements of the National
Institute of Standards and Technology's Office of Law
Enforcement Standards. The accompanying table details funding
for congressionally designated activities, which are
incorporated by reference in this Act:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to preserve
the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than to
a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media or
equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or Federal
Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant and
reimbursement program funds made available to the OJP to be
used for training and technical assistance and permits up to 2
percent of grant funds made available to that office to be used
for criminal justice research, evaluation, and statistics by
the NIJ and the Bureau of Justice Statistics.
Section 213 provides cost-share waivers for certain DOJ
grant programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law enforcement
personnel do not continuously monitor or control such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 establishes reporting requirements for certain
Department of Justice funds.
Section 219 provides for humanitarian expenses incurred
from illness, injury, or death while on duty for certain
Department of Justice personnel.
Section 220 prohibits funds in this act from being used to
conduct, contract for, or otherwise support, live tissue
training, unless the Attorney General issues a written, non-
delegable determination that such training is medically
necessary and cannot be replicated by alternatives. Should
additional funding be needed for humane medical simulation, the
Department should request this as part of components' budget
submissions.
Section 221 designates the facilities of the FBI at
Redstone Arsenal, Alabama, as the ``Richard Shelby Center for
Innovation and Advanced Training.''
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $7,965,000 for the Office of Science
and Technology Policy (OSTP).
Federal Climate Action Plans.--The agreement adopts House
language on ``Climate Change Adaptation'' and directs OSTP to
undertake this work from within available funds.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
Quarterly Briefings.--The National Space Council is
directed to continue to provide quarterly briefings to the
Committees on its activities.
National Aeronautics and Space Administration
The agreement includes $25,383,701,000 for the National
Aeronautics and Space Administration (NASA), of which
$367,000,000 is included in division N. NASA shall continue to
follow directives contained in the explanatory statement
accompanying division B of Public Law 116-260 under the
headings ``Quarterly Launch Schedule'' and ``Oversight and
Accountability.'' Additionally, as the relationship between
NASA and its commercial partners deepens, NASA should seek to
retain ownership of technologies, scientific data and
discoveries made using public funds. Finally, as stated in the
House report, GAO is directed to continue its review of NASA's
programs or projects that are expected to have an estimated
life-cycle cost over $250,000,000.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,195,000
Planetary Science.................................... 3,200,000
Astrophysics......................................... 1,510,000
Heliophysics......................................... 805,000
Biological and Physical Science...................... 85,000
----------------
Total, Science..................................... 7,795,000
================
Aeronautics............................................ 935,000
================
Space Technology....................................... 1,200,000
================
Exploration:
Orion Multi-purpose Crew Vehicle..................... (1,338,700)
Space Launch System (SLS) Vehicle Deployment......... (2,600,000)
Exploration Ground Systems........................... (799,150)
Artemis Campaign Development......................... (2,600,300)
----------------
Total, Exploration................................. 7,468,850
================
Space Operations....................................... 4,250,000
================
Science, Technology, Engineering, and Mathematics 143,500
(STEM)................................................
================
Safety, Security and Mission Services.................. 3,129,451
================
Construction and Environmental Compliance and * 414,300
Restoration...........................................
================
Office of Inspector General............................ 47,600
================
Total, NASA........................................ $25,383,701
================
------------------------------------------------------------------------
* Includes $367,000,000 in emergency funding provided in division N.
SCIENCE
The agreement includes $7,795,000,000 for Science and
directs NASA to provide funding as described in the table above
and text below. NASA is expected to continue making progress on
the recommendations of the National Academies' decadal surveys
now and in the future. NASA should also ensure that its merit
review systems encourage principal investigators (PI) to use
commercial orbital and sub-orbital platforms.
Earth Science.--In lieu of the funds designated in the
House report for Earth Science, the agreement provides no less
than the request level for the Plankton, Aerosol, Cloud, ocean
Ecosystem (PACE) and NASA-ISRO Synthetic Aperture Radar
missions. The agreement also provides up to the request level
for Airborne Science, Earth System Explorers, and Computing and
Management.
Earth Systems Observatory Missions.--NASA shall submit,
concurrent with its fiscal year 2024 budget submission, the
estimated costs, by fiscal year, and schedules for each of the
first four designated observables missions. NASA should plan to
competitively select future missions. An increase in competed,
PI-led missions will encourage responsible cost and schedule
constraints, develop novel remote sensing technologies, and
leverage the talents and expertise of scientists at
universities and research institutions.
Venture Class Missions.--In lieu of the House funding, the
agreement provides up to $194,500,000 for Venture Class
missions and reminds NASA to ensure mission classification is
appropriately distributed across all levels of risk. NASA is
encouraged to set aside funding for educational payloads.
GeoCarb.--The agreement provides $20,000,000 for the
GeoCarb mission to support completion of the spectrograph and
other close-out work. To the extent practicable, NASA should
work with the mission PI to use remaining funds to secure
delivery of all subsystems for the instrument with full
documentation delivered in fiscal year 2023. Should the
instrument be completed within remaining funds, NASA is
encouraged to consider options to fly on a mission of
opportunity in the future, should the opportunity arise.
Further, within the funds provided, NASA is directed to
mitigate the impact of mission cancellation on the PI team and
to continue efforts to replace the loss of scientific data
stemming from GeoCarb's cancellation.
Geosynchronous Littoral Imaging and Monitoring Radiometer
(GLIMR).--The agreement includes up to the requested level for
GLIMR to ensure a final confirmation review by January 31,
2023. NASA is directed to work with NOAA to ensure that GLIMR
meets the requirements of the GeoXO program, as appropriate.
Small Satellite Launch.--NASA shall continue competitive
processes to ensure small satellite launch opportunities,
including by increasing the utilization of Venture-Class
Acquisition Dedicated and Rideshare (VADR) contracting in
fiscal year 2023 and beyond.
University Small Satellite Missions.--Of the funds provided
for Science, NASA is directed to allocate not less than
$30,000,000 for university small satellite missions.
Wildfire Detection Technologies.--The House language
providing $8,000,000 to initiate concept studies to develop and
demonstrate low-cost and scalable infrared sensing and other
technologies for wildfire management is retained. The agreement
reiterates that this funding is provided in addition to other
wildfire research activity assumed in the budget request.
Remote Sensing of Marginal Ice Zones.--NASA shall report to
the Committees on whether and how long-range, multi-day
endurance polar monitoring Uncrewed Aircraft Systems could be
utilized to address remote sensing of marginal ice zones,
including recommended cost and development timetable, if
appropriate.
Harmful Algal Blooms (HABs).--The agreement supports NASA's
contribution, in coordination with NOAA and other Federal
agencies, to monitoring and detection of freshwater HABs under
section 9 of Public Law 115-423.
Joint Agency Satellite Division (JASD).--The agreement
notes the important role that the JASD plays in partnering with
NOAA to design, construct, and launch weather satellites that
are instrumental to accurate forecasts. It is expected that as
NOAA embarks on the next generation of geostationary, polar-
orbiting, and space weather satellites, NASA will ensure that
these flagship constellations can be delivered within cost and
schedule goals.
Planetary Defense.--In lieu of the House language on
funding, the agreement provides $137,800,000 for Planetary
Defense, including not less than $90,000,000 for the Near-Earth
Object (NEO) Surveyor mission. The agreement notes concern
about NEO Surveyor's proposed launch slippage into 2028 and
reminds NASA of its mandate to detect 90 percent of objects
greater than 140 meters in size that threaten Earth.
Lunar Discovery.--NASA's Lunar Discovery and Exploration
program shall adhere to the lunar science priorities
established by decadal surveys and the National Research
Council's report, ``Scientific Context for the Exploration of
the Moon.'' Accordingly, the agreement includes up to
$486,300,000 for Lunar Discovery and Exploration, including up
to the request level for Commercial Lunar Payload Services
(CLPS), $22,100,000 for the Lunar Reconnaissance Orbiter, and
not less than $97,200,000 for the Volatiles Investigating Polar
Exploration Rover (VIPER) mission. Further, NASA is encouraged
to leverage the resources and expertise of both private
industry and universities in advancing its lunar science and
exploration agenda.
Mars Sample Return.--The agreement provides no less than
the request level for Mars Sample Return. In addition to the
requirements of the briefing described in the House report,
NASA shall brief the Committees on a year-by-year funding
profile for a planned 2028 launch as well as any guardrails
NASA has put in place to ensure that the Mars Sample Return
mission does not continue to grow in cost while incurring
launch delays. This consolidated briefing shall occur within 45
days of enactment of this act.
Mars Exploration.--The agreement provides up to
$233,900,000 to support the Mars Exploration initiative.
New Frontiers.--The agreement provides up to $478,400,000
for New Frontiers, including up to the request level for Juno
and not less than $400,100,000 for Dragonfly. Additionally,
NASA is directed to brief the Committees within 180 days of
enactment of this act on how NASA's planned investments in New
Frontiers over the next five years will advance the
recommendations of the 2022 Planetary Science Decadal Survey
titled ``Origins, Worlds, and Life.'' Such briefing may be
conducted concurrently with the briefing directed in the House
language relating to the New Frontiers V development cost cap.
Planetary Exploration.--The agreement affirms the House
language on ``Small Innovative Missions for Planetary
Exploration (SIMPLEx),'' and encourages NASA, in its fiscal
year 2024 budget submission, to continue the cadence of
SIMPLEx, New Frontiers and Discovery class missions in spite of
cost pressures from planetary flagship missions, including the
Mars program.
Astrophysics.--The agreement provides up to the request
level for Astrophysics Research, Astrophysics Future Missions,
and the Hubble Space Telescope.
Astrophysics Explorers.--The agreement provides up to
$245,600,000 for Astrophysics Explorers. NASA's commitment to
accelerate the cadence of Astrophysics Explorers missions and
to continue a new line of small Pioneer-class missions that
leverage advancements in low-cost platforms such as cubesats
and balloons is appreciated.
James Webb Space Telescope (JWST).--The agreement provides
the requested funding level for JWST. The agreement also notes
the historic nature of the images being returned by JWST and
congratulates NASA on the success of the mission thus far.
Nancy Grace Roman Space Telescope.--The agreement provides
$482,200,000 for the Roman Telescope. The agreement reiterates
the expectation that NASA will use a $3,500,000,000 development
cost cap in execution of the mission.
Science Mission Directorate (SMD) Education.--The agreement
provides no less than $52,000,000 for education and outreach
efforts. The agreement further supports the recommendation that
the Astrophysics program continue to administer this SMD-wide
education funding. The agreement encourages SMD-funded
investigators to be directly involved in outreach and education
efforts and support citizen science. NASA should continue to
prioritize funding for ongoing education efforts linked
directly to its science missions.
Stratospheric Observatory for Infrared Astronomy (SOFIA).--
No less than $30,000,000 is provided for SOFIA to ensure an
orderly close-out of the mission and to assist NASA staff
assigned to SOFIA in transitioning to other NASA missions. The
House reporting requirement is affirmed.
Astrophysics Decadal Survey.--The Astrophysics decadal
survey, ``Pathways to Discovery in Astronomy and Astrophysics
for the 2020s'' (Astro2020) recommended the establishment of a
technology development program to mature science and
technologies needed for the recommended missions beginning with
those needed for a large telescope to observe habitable
exoplanets. As part of its preparations for implementing the
Astro2020 recommendations, NASA is expected to include
appropriate funding for technology maturation in its fiscal
year 2024 budget request to ensure continued Astrophysics
mission success.
Heliophysics Research Range.--The agreement provides the
requested level for Research Range.
Living With A Star.--The agreement provides $147,300,000
for Living With A Star, of which $73,000,000 is for the
Geospace Dynamics Constellation mission.
Heliophysics Explorers.--The agreement provides
$167,900,000 for Heliophysics Explorers.
Heliophysics Technology.--The agreement provides the
request level for Heliophysics Technology.
Space Weather.--The agreement provides no less than
$25,000,000 for Space Weather, including $2,000,000 for a
center-based mechanism to support multidisciplinary space
weather research, advance new capabilities, and foster
collaboration among university, government, and industry
participants aimed at improving research-to-operations and
operations-to-research. NASA should continue to coordinate with
NOAA, the National Science Foundation, and the Department of
Defense to focus on research and technology that improves
operational space weather forecasts and assets, including
ground-based assets such as the Daniel K. Inouye Solar
Telescope.
Solar Terrestrial Probes.--The agreement provides
$208,000,000 for Solar Terrestrial Probes, including
$26,000,000 from within current and prior year resources to
continue Magnetospheric Multiscale (MMS) mission operations and
$5,000,000 to continue formulation for the DYNAMIC mission as a
cost-capped PI-led mission. NASA is directed to maintain
operations and scientific analysis for MMS at a level that will
achieve the phase two objective of night side reconnection
events and issue the instrument solicitation for DYNAMIC.
Diversify, Realize, Integrate, Venture, Educate (DRIVE)
Initiative.--The agreement supports the ongoing execution of
the DRIVE initiative, a top priority of the National Research
Council Decadal Survey, and encourages NASA to implement the
goal of increasing the competitive research program to 25
percent of the Heliophysics budget request to enable the
development of new technologies, including advanced
computational tools, establish competitively awarded DRIVE
Science Centers, support multidisciplinary research
collaboration using integrated observatory data, and support
early career investigators.
Heliophysics Budget Execution.--The Heliophysics Division
is directed to brief the Committees quarterly on its execution,
including the status of all projects in development and any
solicitations expected in the next quarter. The briefing should
include any solicitations that will be delayed due to perceived
lack of funding.
Biological and Physical Science (BPS).--Funds provided for
BPS may be used for the development and demonstration of in-
situ analysis, sample preparation and handling, and specialized
equipment for the next generation of microgravity science. NASA
should develop and operate space-based capabilities for
transformational microgravity science that advances U.S.
leadership in such areas as quantum physics, thriving in deep
space, and soft matter.
AERONAUTICS
The agreement includes $935,000,000 for Aeronautics. Within
the Aeronautics Directorate, NASA is encouraged to accelerate
research and development for next generation commercial engine
technologies for electrified aircraft propulsion, including
electric air flight. NASA is further encouraged to support
research into additive manufacturing.
Hypersonics Technology.--The agreement includes not less
than $50,000,000 for Hypersonics Technology, of which
$15,000,000 shall be prioritized for opportunities for public-
private partnerships, including $10,000,000 for carbon/carbon
material testing and $5,000,000 to develop and mature
automation of high-temperature ceramic matrix composites for
material characterization, as well as other technologies that
meet both NASA's strategic goals and industry needs.
Optimization of Stitched Composites.--The agreement
provides $10,000,000 to facilitate technology development in
stitched composites and encourages NASA to partner with
industry to further NASA's goals in developing large-scale
components and high-rate manufacturing techniques for use in
subsonic aircraft.
Advanced Capabilities for Emergency Response Operations
(ACERO).--The agreement includes $10,000,000 to begin the ACERO
initiative, as proposed in the House report.
Aircraft Fuel Efficiency.--The agreement supports NASA's
effort to support subsonic aircraft fuel efficiency
improvements and efforts to reduce emissions as a bridge to the
electrification of aircraft propulsion. The agreement
encourages NASA to advance its research that will reduce fuel
consumption and carbon emissions on legacy aircraft platforms,
including a demonstration mission when appropriate. NASA is
further encouraged to utilize cost share opportunities with
industry in furthering these efforts.
Advanced Materials Research.--The agreement provides up to
$7,000,000 above the request to advance university-led
aeronautics materials research, such as the development of
composite thermoplastic fibers. NASA is encouraged to partner
with academic institutions that have strong capabilities in
aviation, aerospace structures, and materials testing and
evaluation.
SPACE TECHNOLOGY
The agreement includes $1,200,000,000 for Space Technology
and reaffirms support for the independence of the mission
directorate. The agreement also supports the Space Technology
Mission Directorate's efforts to enable technologies related to
in-space and additive manufacturing, thermal protection, Solar
Electric Propulsion, Fission Surface Power, Archinaut-2, and
artificial intelligence.
Orbital Debris Remediation.--The agreement includes up to
$5,000,000 to advance early-stage technology for active debris
remediation as described in the House report.
Regional Economic Development Initiative.--The agreement
provides up to $10,000,000 for the Regional Economic
Development Initiative.
On-orbit Servicing, Assembly, and Manufacturing 1 (OSAM-
1).--The agreement provides $227,000,000 for OSAM-1, formerly
known as the Restore-L/SPace Infrastructure Dexterous Robot.
NASA should continue to work with private sector and university
partners to facilitate commercialization of the technologies
developed within the program.
Nuclear Thermal Propulsion.--The agreement provides not
less than $110,000,000 for the development of nuclear thermal
propulsion, of which $45,000,000 is for reactor development,
$45,000,000 is for fuel materials development, and $20,000,000
is for non-nuclear systems development and acquisition
planning. NASA is encouraged to develop innovative nuclear
technologies that enable a regular cadence of extended duration
robotic missions to the lunar surface and Mars.
Flight Opportunities Program.--The agreement includes up to
$27,000,000 for the Flight Opportunities Program, including up
to $5,000,000 to support payload development and flight of K-12
and collegiate educational payloads. NASA shall continue to
follow directives contained in the explanatory statement
accompanying division B of Public Law 116-260 under the heading
``Flight Opportunities Program.''
Innovative Nanomaterials.--The agreement provides up to
$5,000,000 to advance large scale production and use of
innovative nanomaterials, including carbon nanotubes and
carbon/carbon composites.
Nuclear Electric Propulsion (NEP).--The House language on
``Nuclear Electric Propulsion'' is adopted, and the agreement
provides up to $15,000,000 to begin a systematic approach to
NEP technology development.
Lunar Surface Power.--In addition to the reporting
requirement in the House report, the agreement urges NASA to
devote the resources required to ensure that lunar surface
power systems, such as vertical solar arrays and fission
surface power, are fully developed and prepared for deployment
when the time for surface missions arrives in the mid-2020s. In
lieu of the funding provided in the House report, the agreement
provides up to $40,000,000 for payload development and delivery
to the lunar surface via the Commercial Lunar Payload Services
(CLPS) program to execute a surface power demonstration by
2026. NASA is also encouraged to identify areas of alignment
between nuclear propulsion and fission surface power research.
Tipping Point and Announcement of Collaborative
Opportunities (ACO).--The House direction on Tipping Point and
ACO solicitations is retained, and the agreement provides up to
$85,000,000 to implement these important opportunities.
In Space Additive Manufacturing Capabilities.--House
language on ``Additive Manufacturing'' is adopted, and the
agreement provides up to $15,000,000 for the research,
development, and enhancement of in-space additive manufacturing
capabilities.
Small Business Innovation Research (SBIR).--NASA shall
continue to fulfill statutory obligations for SBIR funding and
place an increased focus on awarding SBIR awards to firms with
fewer than 50 employees.
EXPLORATION
The agreement includes $7,468,850,000 for Exploration.
Orion Multi-Purpose Crew Vehicle.--The agreement includes
$1,338,700,000 for the Orion Multi-Purpose Crew Vehicle and
does not include transfer authority for a portion of Orion
funds to the Space Operations Mission Directorate.
Space Launch System (SLS).--The agreement provides
$2,600,000,000 for SLS, of which not less than $600,000,000 is
for concurrent SLS Block 1B Development, including Exploration
Upper Stage development and associated stage adapter work. The
agreement is supportive of fully developing the capabilities of
SLS, and directs NASA to continue the simultaneous development
of activities as authorized under sections 302(c)(l)(a) and (b)
of Public Law 111-267. Further, as NASA continues to refine its
strategy for a sustainable presence and exploration of the
lunar surface, the agreement encourages NASA to continue its
exploration of a cargo variant of SLS for use in the Artemis
program and for other purposes.
Exploration Ground Systems (EGS).--In lieu of the House
funding for EGS, the agreement provides not less than
$799,150,000 for EGS, including up to $281,350,000 for the
Mobile Launch Platform-2 (ML-2), which includes half of the
additional need NASA has identified since its fiscal year 2023
budget submission. NASA is expected to find the other half of
the estimated need from within other resources provided without
proposing reductions in Congressional priorities, both in
fiscal year 2023 and beyond. The agreement also retains a
provision limiting the use of funds for ML-2.
Artemis Campaign Development.--The agreement includes
$2,600,300,000 for Artemis Campaign Development. Within 90 days
of enactment of this act, NASA shall provide the Committees
with a workforce plan that identifies, by center, the
anticipated impacts to its workforce as the Artemis program
transitions from development to operations and the future
program, mission, and technology development assignments
necessary to maintain NASA's capabilities at its centers.
Human Landing System (HLS).--The agreement provides not
less than $1,485,600,000 for HLS, including the request level
for Sustaining Lunar Development activities, and no less than
the requested amount for the Lunar Lander office. NASA is
expected to ensure redundancy and competition in the HLS
program for research, development, testing and evaluation of
multiple HLS systems.
Spacesuits.--The agreement provides the requested funding
for Extravehicular Activity and Human Systems Mobility Program
(EHP) and notes that in 2022 NASA began the process for
developing the spacesuits that will be necessary for the crewed
landing on the Moon and for future use in low-Earth orbit.
Within the funds provided for EHP, NASA is encouraged to
continue promoting redundancy and competition, including robust
support for research, development, testing, and evaluation for
multiple competitively awarded space suit capabilities.
Priority of Use Missions.--NASA is directed to follow the
reporting requirements under the paragraph ``Priority of Use
Missions'' in division B of the report accompanying Public Law
117-103.
Habitat Systems Research and Development.--As part of
NASA's plan for a sustained lunar presence, NASA may need to
establish a habitation systems program office as part of the
Artemis program with expertise in systems engineering
development and science and exploration systems integration.
NASA is encouraged to continue its planning to support the
launch readiness of a lunar surface habitat and establish a
program office, should one become necessary.
SPACE OPERATIONS
The agreement provides $4,250,000,000 for Space Operations,
including not less than $10,000,000 for technical activities
leading to a competitively awarded U.S. International Space
Station (ISS) deorbit vehicle in fiscal year 2024 to ensure the
safe and controlled deorbit of the ISS at the end of its useful
life.
Commercial Crew.--NASA is expected to certify a new
commercial crew carrier in fiscal year 2023, bringing much-
needed competition to the Commercial Crew program. NASA is
encouraged to continue efforts to enhance competition to
generate savings within the Commercial Crew program.
21st Century Launch Complex Program.--The agreement
includes up to the fiscal year 2022 levels for the 21st Century
Launch Complex Program. If NASA again does not propose funding
this initiative in its fiscal year 2024 budget submission, it
is expected that the agency will request sufficient funding
within Construction and Environmental Compliance and
Restoration to realize the full potential of all NASA-owned
launch complexes in awarding funds made available through this
program.
Rocket Propulsion Test Program.--The agreement provides
$48,200,000 for the Rocket Propulsion Test Program and directs
NASA to provide, not later than 90 days after enactment of this
act, a forward-looking plan describing how NASA intends to
maintain and modernize its propulsion testing facilities to
address current and future testing needs. Such a plan should
assess the commercial space and other benefits of test stand
modifications at NASA's rocket engine test facility to enable
next-generation, lox-kerosene Oxygen-Rich Staged Combustion
engine test capabilities.
Space Communications.--The agreement provides up to the
request level for the Communications Services Program. NASA is
directed to provide a timeline for sustainment of the existing
space communications network and infrastructure upgrades in its
fiscal year 2024 budget request. NASA is also directed to
identify adequate resources and provide a plan to address any
upgrades identified in its Deep Space Network ``Road to Green''
study. NASA is directed to brief the Committees on these plans
within 30 days after the enactment of this act.
Commercial Low-Earth Orbit (LEO) Development.--The
agreement provides up to $224,300,000 for LEO
commercialization. NASA shall continue to follow directives
contained in the explanatory statement accompanying division B
of Public Law 116-260 under the heading ``Commercial LEO
Development.''
Human Research Program.--Crew health and safety will be
integral to future crewed Moon and Mars missions, and NASA is
directed to continue its research into understanding the
effects of living and working in space on astronauts.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $143,500,000 for Science,
Technology, Engineering, and Mathematics Engagement.
Space Grant Program.--The agreement includes $58,000,000
for the Space Grant Program; directs that these amounts be
allocated to State consortia for competitively awarded grants
in support of local, regional, and national STEM needs; and
directs that all 52 participating jurisdictions be supported at
no less than $900,000 each.
Established Program to Stimulate Competitive Research
(EPSCoR).--The agreement includes $26,000,000 for EPSCoR.
Minority University Research and Education Project
(MUREP).--The agreement includes $45,500,000 for MUREP and
continues direction contained in the explanatory statement
accompanying division B of Public Law 116-260.
STEM Education and Accountability Projects (SEAP).--The
agreement includes $14,000,000 for SEAP. The agreement also
reflects strong support for the Competitive Program for
Science, Museums, Planetariums, and NASA Visitors Centers known
as ``Teams Engaging Affiliate Museums and Informal
Institutions'' (TEAM II) program.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $3,129,451,000 for Safety, Security
and Mission Services.
Independent Verification & Validation (IV&V) Program.--The
agreement provides $39,100,000 for IV&V. If necessary, NASA
shall fund additional IV&V activities from within the mission
directorates that make use of IV&V services.
Aerosciences Evaluation and Test Capabilities (AETC).--NASA
is directed to report to the Committees within 30 days of
enactment of this act on AETC's process for portfolio
maintenance and repair decisions, as well as near-term priority
investments and maintenance that are needed to meet expected
demand growth and reliable availability of these facilities.
Such report should include a detailed explanation of how
requested resources in each of the outyears, as shown in the
fiscal year 2023 budget submission, will meet expected demand
and reliable availability of these facilities.
NASA Community Projects/NASA Special Projects.--Within the
appropriation for Safety, Security and Mission Services, the
agreement provides funds for the following projects:
[GRAPHIC] [TIFF OMITTED] T9060B.027
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $414,300,000 for Construction and
Environmental Compliance and Restoration (CECR), of which
$367,000,000 is provided in division N.
Unmet Construction Needs.--NASA is directed to include, in
priority order, no fewer than the top 10 construction projects
that are needed but unfunded in its fiscal year 2024 budget
request, along with any unmet repairs that result from damage
from wildfires, hurricanes, or other natural disasters.
OFFICE OF INSPECTOR GENERAL
The agreement includes $47,600,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
NASA is directed to provide any notification under section
20144(h)(4) of title 51, United States Code, to the Committees.
The agreement allows for certain transfers of funds,
including special transfer authority for Exploration Ground
Systems.
As in fiscal year 2022, the agreement also includes a
provision providing NASA the authority to combine amounts from
one or more of its Science, Aeronautics, Space Technology,
Exploration, and Space Operations appropriations with amounts
from the STEM Engagement appropriation to jointly fund discrete
projects or activities, through contracts, grants, or
cooperative agreements, that serve these purposes. NASA is
directed to provide notification of the Agency's intent to
award a contract, grant, or cooperative agreement that would be
jointly funded under this authority, no less than 15 days prior
to award.
The agreement expands the allowable uses of NASA's Working
Capital Fund (WCF) and permits a transfer of funds into the
WCF.
National Science Foundation
The agreement includes $9,539,011,000 for the National
Science Foundation (NSF), of which $700,162,000 is included in
division N.
RESEARCH AND RELATED ACTIVITIES
The agreement includes $7,629,298,000 for Research and
Related Activities (R&RA), of which $608,162,000 is included
under this heading in division N.
Technology, Innovation, and Partnerships.--The agreement
recognizes NSF's critical role in driving U.S. scientific and
technological innovation and supports the Directorate for
Technology, Innovation, and Partnerships (TIP) authorized under
the Research and Development, Competition, and Innovation Act
(division B of Public Law 117-167).
Regional Innovation Engines (NSF Engines).--As part of the
TIP Directorate, the agreement supports the Regional Innovation
Engines, authorized under section 10388 of Public Law 117-167,
to create regional-scale innovation ecosystems throughout the
United States and help spur economic growth by bringing
together the science and technology research enterprise and
regional-level resources to promote long-term national
competitiveness. In implementing the NSF Engines, the
Foundation is encouraged to coordinate with the EDA Regional
Technology Hubs program.
Climate Science and Sustainability Research.--The agreement
provides not less than $970,000,000 for climate science and
sustainability research through the U.S. Global Change Research
Program and Clean Energy Technology.
Artificial Intelligence (AI).--The agreement provides up to
$686,000,000 to support AI-related grants and interdisciplinary
research initiatives. House language on ``Artificial
Intelligence'' is adopted, and the agreement reiterates the
encouragement for NSF to invest in the ethical and safe
development of AI and to continue the expansion of the National
AI Research Institutes. Finding availability for computing time
for AI research can be challenging and cost-prohibitive for
principal investigators, therefore NSF is encouraged to find
effective paths for academic researchers to purchase compute
time on high-end cloud computing for machine learning in order
to increase academic AI research capabilities and
competitiveness. In addition, NSF is encouraged to continue its
efforts in workforce development for AI and other emerging
technologies, including education programs for non-computer
science students, with focused outreach to community colleges,
Historically Black Colleges and Universities, Hispanic Serving
Institutions, Tribal Colleges and Universities, and Minority
Serving Institutions, including by supporting partnerships and
cooperative agreements.
NSF is encouraged to partner with non-governmental
organizations, academic institutions (with special
consideration given to Minority Serving Institutions), and
other Federal agencies, including NIST, to fund research on
algorithmic bias in AI, machine learning, and intelligent
systems and its impacts on decisions related to employment,
housing, and creditworthiness and to develop methods, tools,
and programs for resolving bias within an algorithm.
Quantum Information Science.--The agreement provides
$235,000,000 for quantum information science research,
including $185,000,000 for activities authorized under section
301 of the National Quantum Initiative Act (Public Law 115-368)
and $50,000,000 for National Quantum Information Science
Research Centers, as authorized in section 302 of that act.
Historically Black Colleges and Universities Excellence in
Research (HBCU-EiR).--The agreement provides $25,000,000 for
the HBCU-EiR program.
Established Program to Stimulate Competitive Research
(EPSCoR).--In recognition that the success of our Nation's
research enterprise relies on success in every State, the
agreement reinforces the Research and Development, Competition,
and Innovation Act (Public Law 117-167) requirements that, to
the maximum extent practicable, 15.5 percent of NSF research
funding and 16 percent of scholarship funding go to EPSCoR
States in fiscal year 2023. To help achieve these targets, the
agreement provides no less than $245,000,000 for the EPSCoR
program. Within the amount provided, no more than 5 percent
shall be used for administration and other overhead costs. NSF
is encouraged to support projects in EPSCoR States across all
funding initiatives and centers, including Regional Innovation
Engines, Mid-Scale Research Infrastructure awards, and Science
and Technology Centers.
Growing Research Access for Nationally Transformative
Equity and Diversity (GRANTED).--The agreement supports NSF's
new GRANTED initiative that will provide assistance to mitigate
the barriers to competitiveness at underserved institutions
within the Nation's research enterprise. NSF is encouraged to
leverage its expertise to ensure institutions participating in
GRANTED are able to implement best practices in order to
increase the likelihood of award success through increased
research capacity.
Infrastructure Investments.--Unless otherwise noted, within
amounts provided, NSF is directed to allocate no less than the
fiscal year 2022 enacted levels to maintain its core research
levels, including support for existing scientific research
laboratories, observational networks, and other research
infrastructure assets, such as the astronomy assets, the
current academic research fleet, federally-funded research and
development centers, and the national high performance
computing centers.
Astronomy.--NSF is encouraged to provide appropriate levels
of support for operating its current facilities, developing
instrumentation, and preparing for investments in future world-
class scientific research facilities. As such, the agreement
provides up to $30,000,000 for NSF to support the design and
development of next generation astronomy facilities recommended
in the ``Decadal Survey on Astronomy and Astrophysics 2020''
(Astro2020). NSF is also expected to support a balanced
portfolio of astronomy research grants by scientists and
students engaged in ground-breaking research. As NSF develops
plans for realizing Astro2020, the Foundation shall provide
regular briefings to the Committees on its progress.
Scientific Facilities and Instrumentation.--The agreement
supports the continuation of operations at the Daniel K. Inouye
Solar Telescope (DKIST) and the Very Long Baseline Array (VLBA)
receivers and provides no less than the fiscal year 2022
enacted funding levels for these facilities. In addition, the
agreement fully funds the maximum operating capacity of the
Center for High Energy X-Ray Science (CHEXS). NSF is also
directed to continue working with the National Solar
Observatory and the academic community to ensure the Richard B.
Dunn Solar Telescope and its associated instrumentation remain
available for continued research.
Green Bank Observatory (GBO).--The agreement supports NSF's
effort to develop multi-agency plans at GBO and provides no
less than the requested level to support operations and
maintenance at GBO through multi-agency plans, or directly
through the Foundation.
Mid-Scale Research Infrastructure.--The agreement provides
up to the request level for the Mid-scale Research
Infrastructure program.
Academic Research Infrastructure.--The agreement recognizes
there is considerable support for academic research
infrastructure construction and modernization across all
directorates. Therefore, NSF is encouraged to evaluate its
requirements for facilities programs that provide the academic
and research community support for access to critical research
facilities and platforms to ensure that the programs benefit
broad and diverse segments of the science and technology
community.
In particular, NSF is encouraged to support the
construction or acquisition of local-class research vessels
through the Major Research Infrastructure program or Mid-scale
Research Infrastructure that will provide outstanding
experiential, place-based education and to support innovative
research and educational programs focused on understanding and
sustaining the near-coastal marine and estuarine environments.
Biological Infrastructure.--NSF is directed to review its
biological infrastructure investments and develop a plan for
how to review their impact and to consider what other
mechanistic approaches could give NSF more flexibility to
evaluate and maintain critical infrastructure during its useful
life.
Understanding Rules of Life.--The agreement supports NSF's
focus on the Understanding Rules of Life research, including in
plant genomics, and directs NSF to continue to advance the
ongoing plant genomics research programs, to further its work
in crop-based genomics research, and to maintain a focus on
research related to crops of economic importance.
Navigating the New Arctic.--As NSF continues the Navigating
the New Arctic program, the Foundation is encouraged to expand
its support of research and infrastructure in the North
Atlantic region of the Arctic, which is critical for
understanding how Arctic warming will affect the environmental
and socio-economic conditions of communities along the Atlantic
Seaboard. In addition, to maximize investments, NSF is
encouraged to develop new multinational partnerships to support
research teams that address pan-Arctic and global concerns
linked to Arctic change.
International Ocean Discovery Program (IODP).--The
agreement supports up to the requested level for IODP and
recognizes the strategic scientific value of leadership in this
field.
Sustainable Chemistry Research.--NSF is directed to
continue research and related activities associated with the
Sustainable Chemistry Basic Research program authorized under
section 509 of the America COMPETES Reauthorization Act of 2010
(Public Law 111-358). In addition, NSF is encouraged to
coordinate with OSTP to implement the provisions in subtitle E
of title II of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
Verification of the Origins of Rotation in Tornadoes
Experiment-Southeast (VORTEX-SE).--It is expected that future
budget requests for VORTEX-SE will include adequate budgetary
resources for associated research and instrumentation that will
maximize the scientific return of this ongoing research. NSF is
encouraged to look beyond traditional research disciplines and
programs and to utilize collaborative opportunities for co-
funding grants that enhance understanding of the fundamental
natural processes and hazards of tornadoes in the southeast and
to improve models of these seasonal extreme events.
Disaster Research.--NSF is encouraged to fund grants for
meritorious landslide research, data collection, and warning
systems in fulfilment of the National Landslide Preparedness
Act (Public Law 116-323) and the National Earthquake Hazards
Reduction Program Reauthorization Act (Public Law 115-307). NSF
is further encouraged to prioritize funding for the deployment
of early warning systems in States with high levels of both
landslides and seismic activities.
Seismology and Geodesy Facilities.--The agreement supports
the recommendations of the NSF analysis titled ``Portfolio
Review of EAR Seismology and Geodesy Instrumentation,''
particularly those recommendations related to broadening the
funding mechanisms for long-term support for seismic and
geodetic facilities. Federal departments and agencies that
depend on these facilities and the operational data they
produce, including NOAA, the U.S. Air Force, the National
Nuclear Security Administration, the National Energy Technology
Laboratory, and the U.S. Geological Survey, should contribute
to the long-term support and recapitalization of facility
instrumentation. NSF is directed to continue efforts to
negotiate memoranda of understanding or other funding
agreements with these agencies and to include an update on the
status of these negotiations as part of the fiscal year 2024
budget justification.
Fairness in Merit Review.--NSF shall brief the Committees,
no later than 180 days after the enactment of this act, on its
actions and findings in understanding and addressing bias in
the merit review process. As part of this briefing, NSF shall
include a discussion of the option of adopting institution-
blind, investigator-blind, and dual-anonymous processes for
merit review of proposals, with a focus on the fairness of the
process faced by all applicants.
Research Security.--The agreement notes the importance
placed on research security in Public Law 117-167 and supports
the implementation of the various provisions in fiscal year
2023. The agreement further supports NSF's initiative to create
clear guidelines that inform researchers and universities on
disclosure requirements pertaining to research security. NSF is
encouraged to continue to engage university and affinity groups
to listen to any community concerns and share information about
NSF's policies and processes. NSF is further encouraged to
explore ways to assist less-resourced institutions on
disclosure requirements and international talent retention.
Not later than 90 days after enactment of this act, NSF
shall brief the Committees on its plans for fulfilling the
requirements of Public Law 117-167 with regard to research
security, including its ongoing plans for community outreach
and engagement.
Power Dynamics in the Research Community.--House language
on ``Power Dynamics in the Research Community'' is adopted. NSF
is encouraged to continue to develop approaches to analyze and
study means to address potential bias and develop safe spaces
to voice concerns without the fear of repercussion in the
research community. NSF shall provide a report to the
Committees on these activities no later than 180 days after
enactment of this act.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement provides $187,230,000 for Major Research
Equipment and Facilities Construction (MREFC), including the
requested levels for the continued construction of the Vera C.
Rubin Observatory (previously known as the Large Synoptic
Survey Telescope), the Antarctic Infrastructure
Recapitalization (previously known as the Antarctic
Infrastructure Modernization for Science), Regional Class
Research Vessels, and the High Luminosity-Large Hadron Collider
Upgrade. The Government Accountability Office is directed to
continue its annual reviews and semiannual updates of programs
funded within MREFC and shall report to Congress on the status
of large-scale NSF projects and activities based on its review
of this information. NSF shall continue to provide quarterly
briefings to the Committees on the activities funded in this
account, no later than 60 days after the end of each quarter.
Mid-scale Research Infrastructure.--The agreement includes
$76,250,000 for Mid-scale Research Infrastructure. The
Foundation is encouraged to award at least one Mid-scale
Research Infrastructure project led by an institution in an
EPSCoR State.
STEM EDUCATION
The agreement includes $1,246,000,000 for EDU, of which
$92,000,000 is included in division N. The agreement accepts
NSF's proposal to rename the Directorate for Education and
Human Resources as the Directorate for STEM Education (EDU), as
well as the identical change request with respect to that
account.
Graduate Research Fellowship Program (GRFP).--The agreement
accepts NSF's proposal to consolidate GRFP within EDU and
provides up to $325,000,000, an increase of $29,000,000 above
the fiscal year 2022 enacted level, to increase the fellowship
stipend, as requested, as well as to increase the number of
fellows.
Broadening Participation.--The agreement supports the
requested increases related to Broadening Participation in STEM
programs. NSF is encouraged to ensure the Foundation partners
with communities with significant populations of
underrepresented groups within STEM research and education as
well as the STEM workforce. The agreement provides no less than
$55,500,000 for Louis Stokes Alliances for Minority
Participation; $43,000,000 for the Historically Black Colleges
and Universities Undergraduate Program; $20,000,000 for the
Tribal Colleges and Universities Program; $70,000,000 for
Advancing Informal STEM Learning; $9,500,000 for the Alliances
for Graduate Education and the Professoriate; $27,000,000 for
Centers of Research Excellence in Science and Technology;
$68,000,000 for the Robert Noyce Teacher Scholarship Program;
and $19,000,000 for ADVANCE.
Eddie Bernice Johnson Inclusion Across the Nation of
Communities of Learners of Underrepresented Discoverers in
Engineering and Science (INCLUDES) Initiative.--The agreement
supports the Big Idea to broaden participation in science and
engineering by developing networks and partnerships that
involve organizations and consortia from different sectors
committed to the common agenda of STEM inclusion as authorized
in section 10323 of Public Law 117-167. The agreement provides
not less than $24,000,000 for INCLUDES and encourages NSF to
ensure the agency partners with communities with significant
populations of underrepresented groups in the STEM workforce.
Improving Undergraduate STEM Education: Hispanic-Serving
Institutions (IUSE: HSI).--The agreement provides $53,500,000
for the IUSE: HSI program to build capacity at institutions of
higher education that typically do not receive high levels of
NSF funding. NSF is directed to collaborate with stakeholders
in preparing a report that investigates and makes
recommendations about how to increase the rate of Hispanic
Ph.D. graduates in STEM fields. This report shall be provided
to the Committees no later than 270 days after enactment of
this act.
Advanced Technological Education.--The agreement provides
$76,000,000 for Advanced Technological Education.
CyberCorps: Scholarships for Service.--The agreement
provides no less than $69,000,000 for the CyberCorps:
Scholarship for Service program, an increase of $6,000,000
above the fiscal year 2022 enacted level, and adopts House
direction.
Hands-on and Experiential Learning Opportunities.--
Developing a robust, talented, and diverse homegrown workforce,
particularly in the fields of STEM, is critical to the success
of the U.S. innovation economy. NSF is directed to provide
grants to support the development of hands-on learning
opportunities in STEM education as authorized under section
10311 of Public Law 117-167, including via afterschool
activities and innovative learning opportunities such as
robotics competitions.
CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS) FOR
AMERICA WORKFORCE AND EDUCATION FUND
Division A of Public Law 117-167 established the CHIPS for
America Workforce and Education Fund. The agreement allocates
the funds according to the amounts listed in the following
table.
NATIONAL SCIENCE FOUNDATION ALLOCATION OF FUNDS: CHIPS ACT FISCAL YEAR
2023
(in thousands of dollars)
------------------------------------------------------------------------
Account--Project and Actitivity Amount
------------------------------------------------------------------------
Creating Helpful Incentatives to Produce Semiconductors $25,000
(CHIPS) for America Workforce and Education Fund......
Research & Related Activities........................ (18,000)
STEM Education Activities............................ (7,000)
----------------
Total.............................................. 25,000
------------------------------------------------------------------------
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $448,000,000 for Agency Operations
and Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $5,090,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $23,393,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes three administrative provisions. The
first establishes thresholds for the transfer of funds. The
second provision is regarding notification prior to acquisition
or disposal of certain assets. The third provision establishes
the National Science Foundation Nonrecurring Expenses Fund to
reinvest funds that would otherwise expire to support the
national science and research enterprise, as requested.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $14,350,000 for the Commission on
Civil Rights (CCR), of which $2,000,000 is to be used
separately to fund the Commission on the Social Status of Black
Men and Boys (CSSBMB). The agreement reiterates prior
instruction to provide a detailed spending plan for the funding
provided for the CSSBMB within 45 days of enactment of this
act. In addition, the CCR shall continue to include the CSSBMB
as a separate line item in future fiscal year budget requests.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $455,000,000 for the Equal
Employment Opportunity Commission (EEOC). The EEOC shall
continue to follow the directives contained in the joint
explanatory statement accompanying division B of Public Law
117-103 under the headings ``Charge Reporting,'' ``Public
Comment on EEOC Guidance,'' and ``Inventory Backlog
Reduction.''
Equal Pay and Report Data.--In lieu of the House language
on ``Equal Pay and Report Data'' the agreement notes the
release of the report by the National Academies of Sciences,
Engineering and Medicines and directs the Commission to brief
the Committees on Appropriations within 30 days of enactment of
this act on the actions the Commission intends to take in
response to the data and recommendations contained in the
report.
Skills-based Hiring.--The agreement affirms the House
directive language on skills-based hiring.
National Equal Pay Enforcement Task Force.--EEOC is
encouraged to explore whether reinstating the National Equal
Pay Enforcement Task Force would further the agency's mission.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $122,400,000 for the International
Trade Commission (ITC).
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $560,000,000 for the Legal Services
Corporation (LSC).
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $4,500,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $76,000,000 for the
Office of the U.S. Trade Representative (USTR).
For fiscal year 2023, USTR is directed to continue
following the directives and reporting requirements included in
Senate Report 116-127 and adopted in Public Law 116-93, on the
following topics: ``Trade and Agricultural Exports,'' ``Trade
Enforcement,'' and ``Travel.'' Additionally, USTR is directed
to continue following the directives and reporting requirements
in the joint explanatory statement accompanying Public Law 116-
260 regarding ``China Trade Deal Costs.'' Finally, USTR is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 117-103, on the following topics: ``United States-
Canada Softwood Lumber Dispute,'' ``Quad Strategic
Partnership,'' and ``Parity for American Exports.''
The United States-Mexico-Canada Agreement (USMCA)
Implementation Act.--The agreement notes that Public Law 116-
113 provided supplemental funds for USTR activities to
implement the USMCA from fiscal years 2020 through 2023. Due to
pandemic-related barriers beyond USTR's control, such as travel
restrictions and staffing relocation limitations to and within
Mexico, USTR experienced delays in its ability to obligate
these funds for their intended purpose. Section 540 of this act
extends availability of those funds for an additional year. To
the extent additional discretionary funds may be required to
implement the agreement beyond fiscal year 2024, the agreement
directs USTR to articulate those funding needs in its annual
budget requests.
SALARIES AND EXPENSES
The agreement includes $61,000,000 for the salaries and
expenses of USTR.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $7,640,000 for the State Justice
Institute (SJI).
Fines, Fees, and Bail Practices.--SJI is encouraged to
continue prioritizing its investments in the areas of fines,
fees, and bail practices so that State courts can continue
taking a leadership role in reviewing these practices.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
act from remaining available for obligation beyond the current
fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law or existing Executive order issued
pursuant to existing law.
Section 504 provides that if any provision of this act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of this act and the
application of other provisions shall not be affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates an office
or employee; (5) reorganizes or renames offices, programs, or
activities; (6) contracts out or privatizes any function or
activity presently performed by Federal employees; (7) augments
funds for existing programs, projects, or activities in excess
of $500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to any
product that was not made in America that person shall not be
eligible to receive any contract or subcontract with funds made
available in this act. The section further provides that to the
extent practicable, with respect to purchases of promotional
items, funds made available under this act shall be used to
purchase items manufactured, produced, or assembled in the
United States or its territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency, and
provides transfer authority between appropriation accounts to
carry out this provision, subject to reprogramming procedures.
Section 509 prohibits funds made available in this act from
being used to promote the sale or export of tobacco or tobacco
products or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type. This provision is not
intended to impact routine international trade services to all
U.S. citizens, including the processing of applications to
establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of the
United States Government, except for transfers made by, or
pursuant to authorities provided in, this agreement or any
other appropriations act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, the
National Science Foundation and the Legal Services Corporation
and sets limits and restrictions on the awarding and use of
grants or contracts funded by amounts appropriated by this act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds to include certain
language in trade agreements.
Section 517 prohibits the use of funds in this act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau of
Investigation to issue NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal year
2023.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has no unpaid Federal tax
assessment.
(RESCISSIONS)
Section 521 provides for rescissions of unobligated
balances. Subsection (e) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations. The Department of Justice shall ensure that
amounts for Joint Law Enforcement Operations are preserved at
no less than the fiscal year 2022 level and that those amounts
and amounts for victim compensation are prioritized.
Section 522 prohibits the use of funds in this act for the
purchase of first class or premium air travel in contravention
of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees, who
are stationed in the United States, at any single conference
outside the United States, unless the conference is: (1) a law
enforcement training or operational event where the majority of
Federal attendees are law enforcement personnel stationed
outside the United States; (2) a scientific conference for
which the department or agency head has notified the House and
Senate Committees on Appropriations that such attendance is in
the national interest, along with the basis for such
determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving funds
appropriated under this act to track and report on undisbursed
balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this act to purchase light bulbs that have the ``Energy Star''
or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or effectuate
the hosting of official Chinese visitors at certain facilities
unless the activities are authorized by subsequent legislation
or NASA, OSTP, or NSC have made a certification pursuant to
subsections (c) and (d) of this section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The heads of executive branch departments, agencies,
boards, and commissions funded by this act are directed to
require that all contracts within their purview that provide
award fees link such fees to successful acquisition outcomes,
specifying the terms of cost, schedule, and performance.
Section 530 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in contravention
of a certain section of the Agricultural Act of 2014.
Section 531 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space Administration,
and the National Science Foundation of travel to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 prohibits the use of funds in this act to
require certain export licenses.
Section 535 prohibits the use of funds in this act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 536 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had been
denied prior to January 1, 2011, on the basis that the shotgun
was not particularly suitable for or readily adaptable to
sporting purposes.
Section 537 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 538 includes language regarding detainees held at
Guantanamo Bay.
Section 539 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 540 extends the availability of certain funds.
Section 541 provides that the Department of Commerce and
Federal Bureau of Investigation may utilize funding to provide
payments pursuant to section 901(i)(2) of title IX of division
J of the Further Consolidated Appropriations Act, 2020.
Section 542 withholds funding from NASA's Mobile Launcher 2
project until detailed cost and schedule information are
provided to the House and Senate Appropriations Committees, the
Government Accountability Office (GAO), and the NASA Office of
Inspector General.
Section 543 sets certain requirements for the allocations
of funds related to the CHIPS Act of 2022 (Public Law 117-167).
Disclosure of Earmarks and Congressionally Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty
(except members of reserve components provided for elsewhere),
cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$49,628,305,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$36,706,395,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$15,050,088,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $35,427,788,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Space Force on
active duty and cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $1,109,400,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 7038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $5,212,834,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,400,831,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$826,712,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,457,519,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under sections 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $9,232,554,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under sections 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of the
Army, and payments may be made upon the Secretary's certificate
of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $68,260,046,000: Provided, That not to
exceed $15,055,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $9,891,998,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $60,279,937,000: Provided, That not to exceed $7,699,000
may be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of the
Air Force, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $4,086,883,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $49,574,779,000: Provided, That not more
than $2,981,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the
Secretary's certificate of necessity for confidential military
purposes: Provided further, That of the funds provided under
this heading, not less than $55,000,000 shall be made available
for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $5,000,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $49,071,000 to remain available
until expended, is available only for expenses relating to
certain classified activities, and may be transferred as
necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be
available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That of
the funds provided under this heading, $2,467,009,000, of which
$1,510,260,000, to remain available until September 30, 2024,
shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on the use and status
of funds made available in this paragraph: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in
this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $475,000,000, to remain available until September
30, 2024: Provided, That such funds shall be available to the
Secretary of Defense in coordination with the Secretary of
State, to provide assistance, including training; equipment;
logistics support, supplies, and services; stipends;
infrastructure repair and renovation; construction for facility
fortification and humane treatment; and sustainment, to foreign
security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their
affiliated or associated groups: Provided further, That amounts
made available under this heading shall be available to provide
assistance only for activities in a country designated by the
Secretary of Defense, in coordination with the Secretary of
State, as having a security mission to counter the Islamic
State of Iraq and Syria, and following written notification to
the congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately
vetted, including at a minimum, assessing such elements for
associations with terrorist groups or groups associated with
the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of
law: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions,
including assistance in-kind, from foreign governments,
including the Government of Iraq and other entities, to carry
out assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited to
this Fund, to remain available until expended, and used for
such purposes: Provided further, That the Secretary of Defense
shall prioritize such contributions when providing any
assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict,
delay or otherwise limit the provision of such assistance and a
notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States
may accept equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular
forces, or groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and
such equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using
funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups participating,
or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no
longer be required for transfer to such forces or groups and
upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided under this heading,
including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations
for each group, and the contributions of other countries,
groups, or individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,206,434,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,278,050,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $347,633,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,700,800,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $8,299,187,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $7,382,079,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $16,003,000, of which
not to exceed $10,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $324,500,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $400,113,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $573,810,000, to remain
available until transferred: Provided, That the Secretary of
the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling
of hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,979,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $317,580,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407,
2557, and 2561 of title 10, United States Code), $170,000,000,
to remain available until September 30, 2024: Provided, That
such amounts shall not be subject to the limitation in section
407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$351,598,000, to remain available until September 30, 2025.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $111,791,000: Provided, That no other
amounts may be otherwise credited or transferred to the
Account, or deposited into the Account, in fiscal year 2023
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,847,834,000, to remain
available for obligation until September 30, 2025.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,848,853,000, to remain
available for obligation until September 30, 2025.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $4,505,157,000, to remain available for
obligation until September 30, 2025.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,770,120,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $8,668,148,000, to remain
available for obligation until September 30, 2025.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $19,031,864,000, to remain available for
obligation until September 30, 2025.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,823,113,000, to remain
available for obligation until September 30, 2025.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $920,884,000, to remain available for
obligation until September 30, 2025.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN-80), $1,465,880,000;
Carrier Replacement Program (CVN-81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG-1000 Program, $72,976,000;
DDG-51 Destroyer, $6,946,537,000;
DDG-51 Destroyer (AP), $695,652,000;
FFG-Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs,
$1,312,646,000.
In all: $31,955,124,000, to remain available for obligation
until September 30, 2027: Provided, That additional obligations
may be incurred after September 30, 2027, for engineering
services, tests, evaluations, and other such budgeted work that
must be performed in the final stage of ship construction:
Provided further, That none of the funds provided under this
heading for the construction or conversion of any naval vessel
to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the
funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards: Provided
further, That funds appropriated or otherwise made available by
this Act for Columbia Class Submarine (AP) may be available for
the purposes authorized by subsections (f), (g), (h) or (i) of
section 2218a of title 10, United States Code, only in
accordance with the provisions of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $12,138,590,000, to remain
available for obligation until September 30, 2025: Provided,
That such funds are also available for the maintenance, repair,
and modernization of ships under a pilot program established
for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances,
and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $3,669,510,000, to remain available
for obligation until September 30, 2025.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $22,196,175,000, to remain
available for obligation until September 30, 2025.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and
accessories therefor; ground handling equipment, and training
devices; expansion of public and private plants, Government-
owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,999,346,000, to remain available for obligation
until September 30, 2025.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $857,722,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$28,034,122,000, to remain available for obligation until
September 30, 2025.
Procurement, Space Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $4,462,188,000, to remain available for obligation
until September 30, 2025.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $6,139,674,000, to remain available for obligation
until September 30, 2025.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $372,906,000,
to remain available for obligation until September 30, 2027,
which shall be obligated and expended by the Secretary of
Defense as if delegated the necessary authorities conferred by
the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items
for the reserve components of the Armed Forces, $1,000,000,000,
to remain available for obligation until September 30, 2025:
Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after enactment of
this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided
further, That none of the funds made available by this
paragraph may be used to procure manned fixed wing aircraft, or
procure or modify missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $17,150,141,000, to remain available for
obligation until September 30, 2024.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $26,017,309,000, to remain available for
obligation until September 30, 2024: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $44,946,927,000, to remain available for
obligation until September 30, 2024.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $16,631,377,000, to remain available until
September 30, 2024.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $34,565,478,000, to remain available for
obligation until September 30, 2024.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$449,294,000, to remain available for obligation until
September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $39,225,101,000; of which $35,613,417,000 shall be for
operation and maintenance, of which not to exceed one percent
shall remain available for obligation until September 30, 2024,
and of which up to $18,577,877,000 may be available for
contracts entered into under the TRICARE program; of which
$570,074,000, to remain available for obligation until
September 30, 2025, shall be for procurement; and of which
$3,041,610,000, to remain available for obligation until
September 30, 2024, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $12,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$1,561,000,000 shall be made available to the Defense Health
Agency to carry out the congressionally directed medical
research programs: Provided further, That the Secretary of
Defense shall submit to the congressional defense committees
quarterly reports on the current status of the deployment of
the electronic health record: Provided further, That the
Secretary of Defense shall provide notice to the congressional
defense committees not later than 10 business days after
delaying the proposed timeline of such deployment if such delay
is longer than 1 week: Provided further, That the Comptroller
General of the United States shall perform quarterly
performance reviews of such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $1,059,818,000, of which $84,612,000 shall be for
operation and maintenance, of which no less than $53,186,000
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $22,778,000 for activities on military
installations and $30,408,000, to remain available until
September 30, 2024, to assist State and local governments; and
$975,206,000, to remain available until September 30, 2024,
shall be for research, development, test and evaluation, of
which $971,742,000 shall only be for the Assembled Chemical
Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $970,764,000, of which $614,510,000 shall be for
counter-narcotics support; $130,060,000 shall be for the drug
demand reduction program; $200,316,000 shall be for the
National Guard counter-drug program; and $25,878,000 shall be
for the National Guard counter-drug schools program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in
this Act: Provided further, That funds appropriated under this
heading may be used to support a new start program or project
only after written prior notification to the Committees on
Appropriations of the House of Representatives and the Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $485,359,000, of which $481,971,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended upon the approval or authority of the
Inspector General, and payments may be made upon the Inspector
General's certificate of necessity for confidential military
purposes; of which $1,524,000, to remain available for
obligation until September 30, 2025, shall be for procurement;
and of which $1,864,000, to remain available until September
30, 2024, shall be for research, development, test and
evaluation.
Support for International Sporting Competitions
For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $10,377,000,
to remain available until expended.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may, with the approval of the Office of Management
and Budget, transfer not to exceed $6,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for military
functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be
merged with and to be available for the same purposes, and for
the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not
be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by the Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That no part
of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the
House of Representatives and the Senate for reprogramming of
funds, unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2023: Provided further, That transfers among
military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds
that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act and the tables
contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as if
the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the
baseline for application of reprogramming and transfer
authorities for fiscal year 2023: Provided, That the report
shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement: Provided, That this
subsection shall not apply to transfers from the following
appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used
Defense Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer: Provided further, That except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts for up to 15 DDG-51 Arleigh
Burke Class Guided Missile Destroyers.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code: Provided, That such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided
further, That funds available for operation and maintenance
shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Territories
of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as
authorized by Public Law 99-239: Provided further, That upon a
determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at
Army medical facilities located in Hawaii, the Secretary of the
Army may authorize the provision of medical services at such
facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau,
and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or maximum
number of employees, but are to be managed solely on the basis
of, and in a manner consistent with--
(1) the total force management policies and
procedures established under section 129a of title 10,
United States Code;
(2) the workload required to carry out the functions
and activities of the Department; and
(3) the funds made available to the Department for
such fiscal year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent
levels absent the appropriate analysis of the impact of these
reductions on workload, military force structure, lethality,
readiness, operational effectiveness, stress on the military
force, and fully burdened costs.
(c) A projection of the number of full-time equivalent
positions shall not be considered a constraint or limitation
for purposes of subsection (a) and reducing funding for under-
execution of such a projection shall not be considered managing
based on a constraint or limitation for purposes of such
subsection.
(d) The fiscal year 2024 budget request for the Department of
Defense, and any justification material and other documentation
supporting such a request, shall be prepared and submitted to
Congress as if subsections (a) and (b) were effective with
respect to such fiscal year.
(e) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades, or maintenance
activities, shall be used to reduce or to prepare to reduce the
number of deployed and non-deployed strategic delivery vehicles
and launchers below the levels set forth in the report
submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program may
be transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal
year 2024 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) a description of each transfer
under this section that occurred during the last fiscal year
before the fiscal year in which such budget is submitted.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain unless the anchor and mooring chain are
manufactured in the United States from components which are
substantially manufactured in the United States: Provided, That
for the purpose of this section, the term ``manufactured''
shall include cutting, heat treating, quality control, testing
of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this
section substantially all of the components of anchor and
mooring chain shall be considered to be produced or
manufactured in the United States if the aggregate cost of the
components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines,
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber
rifles, or M-1911 pistols, or to demilitarize or destroy small
arms ammunition or ammunition components that are not otherwise
prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by
the Secretary of the Army or designee as unserviceable or
unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in
this Act, $25,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding section
1906 of title 41, United States Code, this section shall be
applicable to any Department of Defense acquisition of supplies
or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or
manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States
Code, or a small business owned and controlled by an individual
or individuals defined under section 4221(9) of title 25,
United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $20,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital
Fund, Army'', $115,000,000 shall be available to maintain
competitive rates at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $64,800,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $51,300,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counter-drug activities, and drug demand
reduction activities involving youth programs;
(2) $11,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,900,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated
by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be
allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2023, not more
than $2,788,107,000 may be funded for professional technical
staff-related costs of the defense FFRDCs: Provided, That
within such funds, not more than $446,097,000 shall be
available for the defense studies and analysis FFRDCs: Provided
further, That this subsection shall not apply to staff years
funded in the National Intelligence Program and the Military
Intelligence Program: Provided further, That the Secretary of
Defense shall, with the submission of the department's fiscal
year 2024 budget request, submit a report presenting the
specific amounts of staff years of technical effort to be
allocated for each defense FFRDC by program during that fiscal
year and the associated budget estimates, by appropriation
account and program.
(e) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $129,893,000: Provided, That this subsection shall
not apply to appropriations for the National Intelligence
Program and Military Intelligence Program.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8028. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this
section.
Sec. 8030. (a) None of the funds appropriated in this Act may
be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy
American Act'' means chapter 83 of title 41, United States
Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 4658 of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2023. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreements Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial products'', as defined by section 103 of title 41,
United States Code, except that the restriction shall apply to
ball or roller bearings purchased as end items.
Sec. 8034. In addition to any other funds made available for
such purposes, there is appropriated $93,500,000, for an
additional amount for the ``National Defense Stockpile
Transaction Fund'', to remain available until September 30,
2025, for activities pursuant to the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.): Provided,
That none of the funds provided under this section may be
obligated or expended until 90 days after the Secretary of
Defense provides the Committees on Appropriations of the House
of Representatives and the Senate a detailed execution plan for
such funds.
Sec. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section XI
(chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or
any subsequent Act making appropriations for the Department of
Defense, may be used for the purchase or manufacture of a flag
of the United States unless such flags are treated as covered
items under section 4862(b) of title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility
Investment Recovery Account shall be available until expended
for the payments specified by section 2687a(b)(2) of title 10,
United States Code.
Sec. 8039. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $350,000: Provided,
That upon determination by the Secretary of Defense that such
action is necessary to meet the operational requirements of a
Commander of a Combatant Command engaged in a named contingency
operation overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
Sec. 8040. Up to $13,720,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' may be made
available for the Asia Pacific Regional Initiative Program for
the purpose of enabling the United States Indo-Pacific Command
to execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign
security forces: Provided, That funds made available for this
purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or
combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country
that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products
in military resale outlets in the United States, its
territories and possessions at a price below the most
competitive price in the local community: Provided, That such
regulations shall direct that the prices of tobacco or tobacco-
related products in overseas military retail outlets shall be
within the range of prices established for military retail
system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2024 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2024 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2024
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2024: Provided, That
funds appropriated, transferred, or otherwise credited to the
Central Intelligence Agency Central Services Working Capital
Fund during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That any
funds appropriated or transferred to the Central Intelligence
Agency for advanced research and development acquisition, for
agent operations, and for covert action programs authorized by
the President under section 503 of the National Security Act of
1947 (50 U.S.C. 3093) shall remain available until September
30, 2024: Provided further, That any funds appropriated or
transferred to the Central Intelligence Agency for the
construction, improvement, or alteration of facilities,
including leased facilities, to be used primarily by personnel
of the intelligence community, shall remain available until
September 30, 2025.
(including transfer of funds)
Sec. 8044. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$47,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program:
Provided, That the funds are made available for transfer to the
Department of the Army, the Department of the Navy, and the
Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same
purposes and for the same time period as the appropriations to
which the funds are transferred: Provided further, That this
transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8045. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense; or
(4) an Air Force field operating agency established
to administer the Air Force Mortuary Affairs Program
and Mortuary Operations for the Department of Defense
and authorized Federal entities.
Sec. 8046. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for
a proposal that would reduce costs for the Department
of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8047. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Aircraft Procurement, Army'', 2021/2023,
$7,300,000;
``Other Procurement, Army'', 2021/2023, $3,177,000;
``Aircraft Procurement, Air Force'', 2021/2023,
$115,804,000;
``Operation and Maintenance, Defense-Wide'', 2022/
2023, $105,000,000;
``Counter-ISIS Train and Equip Fund'', 2022/2023,
$65,000,000;
``Aircraft Procurement, Army'', 2022/2024,
$9,437,000;
``Other Procurement, Army'', 2022/2024, $71,544,000;
``Shipbuilding and Conversion, Navy: CVN Refueling
Overhauls'', 2022/2026, $191,000,000;
``Shipbuilding and Conversion, Navy: Service Craft'',
2022/2026, $6,092,000;
``Aircraft Procurement, Air Force'', 2022/2024,
$205,568,000;
``Other Procurement, Air Force'', 2022/2024,
$9,100,000;
``Procurement, Space Force'', 2022/2024, $7,000,000;
``Research, Development, Test and Evaluation, Army'',
2022/2023, $26,700,000;
``Research, Development, Test and Evaluation, Air
Force'', 2022/2023, $117,727,000;
``Research, Development, Test and Evaluation, Space
Force'', 2022/2023, $113,400,000; and
``Defense Counterintelligence and Security Agency
Working Capital Fund'', XXXX/XXXX, $30,000,000.
Sec. 8048. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8049. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, That this
restriction shall not apply to any activities incidental to the
Defense POW/MIA Accounting Agency mission to recover and
identify the remains of United States Armed Forces personnel
from the Democratic People's Republic of Korea.
Sec. 8050. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8051. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8052. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $49,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, the Secretary shall make
grants in the amounts specified as follows: $24,000,000 to the
United Service Organizations and $25,000,000 to the Red Cross.
Sec. 8053. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to
the extent they contribute to the extramural budget. The
Secretary of each military department, the Director of each
Defense Agency, and the head of each other relevant component
of the Department of Defense shall submit to the congressional
defense committees, concurrent with submission of the budget
justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed
accounting of the Small Business Innovation Research program
and the Small Business Technology Transfer program set-asides
taken from programs, projects, or activities within such
department, agency, or component during the most recently
completed fiscal year.
Sec. 8054. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess
of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation
is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended
(31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation
discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any
charge to a current account under the authority of this
section shall be reversed and recorded against the
expired account: Provided further, That the total
amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of
the total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller)
shall include with the budget of the President for fiscal year
2024 (as submitted to Congress pursuant to section 1105 of
title 31, United States Code) a statement describing each
instance if any, during each of the fiscal years 2016 through
2023 in which the authority in this section was exercised.
Sec. 8057. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
Sec. 8058. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or
expended to retire, prepare to retire, or place in storage or
on backup aircraft inventory status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission
capable due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall
submit to the congressional defense committees a certification
in writing that the status of such aircraft is due to a Class A
mishap and not due to lack of maintenance, repairs, or other
reasons.
(d) Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary
steps taken by the Department of Defense to meet the travel
requirements for official or representational duties of members
of Congress and the Cabinet in fiscal years 2023 and 2024.
Sec. 8059. (a) None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use, or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping in
accordance with an approved test strategy, and test activities
preceding and leading to acceptance for operational use.
(b) If the number of end-items budgeted with funds
appropriated in title IV of this Act exceeds the number
required in an approved test strategy, the Under Secretary of
Defense (Research and Engineering) and the Under Secretary of
Defense (Acquisition and Sustainment), in coordination with the
responsible Service Acquisition Executive, shall certify in
writing to the congressional defense committees that there is a
bonafide need for the additional end-items at the time of
submittal to Congress of the budget of the President for fiscal
year 2024 pursuant to section 1105 of title 31, United States
Code: Provided, That this restriction does not apply to
programs funded within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the
submittal to Congress of the budget of the President for fiscal
year 2024 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a report
detailing the use of funds requested in research, development,
test and evaluation accounts for end-items used in development,
prototyping and test activities preceding and leading to
acceptance for operational use: Provided, That the report shall
set forth, for each end item covered by the preceding proviso,
a detailed list of the statutory authorities under which
amounts in the accounts described in that proviso were used for
such item: Provided further, That the Secretary of Defense
shall, at the time of the submittal to Congress of the budget
of the President for fiscal year 2024 pursuant to section 1105
of title 31, United States Code, submit to the congressional
defense committees a certification that funds requested for
fiscal year 2024 in research, development, test and evaluation
accounts are in compliance with this section: Provided further,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start defense innovation acceleration or rapid prototyping
program demonstration project with a value of more than
$5,000,000 may only be obligated 15 days after a report,
including a description of the project, the planned acquisition
and transition strategy and its estimated annual and total
cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
Sec. 8062. The Secretary of Defense shall continue to
provide a classified quarterly report to the Committees on
Appropriations of the House of Representatives and the Senate,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or their designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal property
for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or
any other youth, social, or fraternal nonprofit organization as
may be approved by the Chief of the National Guard Bureau, or
their designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $158,967,374 shall
remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify--
(1) the appropriations account structure for the
National Intelligence Program budget, including through
the creation of a new appropriation or new
appropriation account;
(2) how the National Intelligence Program budget
request is presented in the unclassified P-1, R-1, and
O-1 documents supporting the Department of Defense
budget request;
(3) the process by which the National Intelligence
Program appropriations are apportioned to the executing
agencies; or
(4) the process by which the National Intelligence
Program appropriations are allotted, obligated and
disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level,
provided such change is otherwise in accordance with paragraphs
(1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal reporting,
study and develop detailed proposals for alternative financial
management processes. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of the
alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the
Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help
achieve auditability, improve fiscal reporting, and
will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all
necessary certifications under paragraph (2), present
the proposed alternatives and certifications to the
congressional defense and intelligence committees.
(including transfer of funds)
Sec. 8068. In addition to amounts made available elsewhere
in this Act, $200,000,000 is hereby appropriated to the
Department of Defense and made available for transfer to
operation and maintenance accounts, procurement accounts, and
research, development, test and evaluation accounts only for
those efforts by the United States Africa Command or United
States Southern Command to expand cooperation or improve the
capabilities of our allies and partners in their areas of
operation: Provided, That none of the funds provided under this
section may be obligated or expended until 60 days after the
Secretary of Defense provides to the congressional defense
committees an execution plan: Provided further, That not less
than 30 days prior to any transfer of funds, the Secretary of
Defense shall notify the congressional defense committees of
the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the
appropriation to which transferred: Provided further, That the
transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8071. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to
the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain in
force until a written modification has been proposed to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification
unless an objection is received from either the House or Senate
Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of
United States Indo-Pacific Command to meet operational
requirements.
Sec. 8072. Any notice that is required to be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate under section 3601 of title 10,
United States Code, as added by section 804(a) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023,
after the date of the enactment of this Act shall be submitted
pursuant to that requirement concurrently to the Subcommittees
on Defense of the Committees on Appropriations of the House of
Representatives and the Senate.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000
shall be for the Israeli Cooperative Programs: Provided, That
of this amount, $80,000,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the
procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome
Procurement Agreement, as amended; $127,000,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under
the SRBMD program; $40,000,000 shall be for co-production
activities of SRBMD systems in the United States and in Israel
to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended;
$80,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $80,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and $173,000,000
shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection
suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer
authority contained in this Act.
Sec. 8074. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,312,646,000
shall be available until September 30, 2023, to fund prior year
shipbuilding cost increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2023: Carrier Replacement Program,
$461,700,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Virginia Class Submarine Program,
$46,060,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: DDG-51 Destroyer, $30,231,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Littoral Combat Ship, $4,250,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: DDG-51 Destroyer, $24,238,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Virginia Class Submarine Program,
$58,642,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: TAO Fleet Oiler, $9,200,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Littoral Combat Ship, $18,000,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: CVN Refueling Overhauls,
$62,000,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Towing, Salvage, and Rescue Ship
Program, $1,750,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: DDG-51 Destroyer, $168,178,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LPD-17, $17,739,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LHA Replacement Program,
$19,300,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: Littoral Combat Ship, $29,030,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: DDG-51 Destroyer, $5,930,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Littoral Combat Ship, $9,538,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: TAO Fleet Oiler, $12,500,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Towing, Salvage, and Rescue Ship
Program, $2,800,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Littoral Combat Ship, $6,983,000;
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: TAO Fleet Oiler, $106,400,000;
(21) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Towing, Salvage, and Rescue Ship
Program, $2,450,000;
(22) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Virginia Class Submarine Program,
$200,000,000; and
(23) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Towing, Salvage, and Rescue Ship
Program, $15,727,000.
Sec. 8075. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities and intelligence-related activities not otherwise
authorized in the Intelligence Authorization Act for Fiscal
Year 2023 are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 3094).
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8077. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8079. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth, the USS Wichita, the USS Billings, the USS
Indianapolis, or the USS St. Louis.
Sec. 8080. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) None of the funds appropriated by this Act may
be used to transfer research and development, acquisition, or
other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.
Sec. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2024, and except for funds appropriated for the purchase of
real property, which shall remain available until September 30,
2025.
Sec. 8084. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8085. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2023:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless
the Director of National Intelligence certifies in writing to
the congressional intelligence committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8086. Any transfer of amounts appropriated to the
Department of Defense Acquisition Workforce Development Account
in or for fiscal year 2023 to a military department or Defense
Agency pursuant to section 1705(e)(1) of title 10, United
States Code, shall be covered by and subject to section 8005 of
this Act.
Sec. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless
the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national
security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that results
in a cumulative increase or decrease of the levels specified in
the classified annex accompanying the Act unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
Sec. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act, up
to $168,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for
Fiscal Year 2010, Public Law 111-84: Provided, That for
purposes of section 1704(b), the facility operations funded are
operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical
facility as described by section 706 of Public Law 110-417:
Provided further, That additional funds may be transferred from
funds appropriated for operation and maintenance for the
Defense Health Program to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Defense to
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8091. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of
section 130h of title 10, United States Code.
Sec. 8092. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8093. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of
the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen intelligence requirements, than those for which
originally appropriated and in no case where the item for which
funds are requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to
June 30, 2023.
Sec. 8094. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $133,000,000, to remain
available for obligation until September 30, 2027, may be used
for the purchase of two used sealift vessels for the National
Defense Reserve Fleet, established under section 11 of the
Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects,
activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section
2218 of title 10, United States Code, none of these funds shall
be transferred to the National Defense Sealift Fund for
execution.
Sec. 8095. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
Sec. 8096. None of the funds made available by this Act may
be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of
the Foreign Intelligence Surveillance Act of 1978 for
the purpose of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such
term is defined in section 2510(8) of title 18, United
States Code) of any electronic communication of a
United States person from a provider of electronic
communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8097. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall
not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8098. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $589,325,000, to remain
available until expended, may be used for any purposes related
to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements to
the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs,
projects, activities, and expenses related to the National
Defense Reserve Fleet.
Sec. 8099. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
Sec. 8100. (a) None of the funds provided in this Act for the
TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components
unless those components are manufactured in the United States:
Auxiliary equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; spreaders for shipboard cranes;
and anchor chains, specifically for the seventh and subsequent
ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Air
circuit breakers; gyrocompasses; electronic navigation chart
systems; steering controls; pumps; propulsion and machinery
control systems; totally enclosed lifeboats; auxiliary
equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the
Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
Sec. 8101. None of the funds provided in this Act for
requirements development, performance specification
development, concept design and development, ship configuration
development, systems engineering, naval architecture, marine
engineering, operations research analysis, industry studies,
preliminary design, development of the Detailed Design and
Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair
Ship or the T-AGOS(X) Oceanographic Surveillance Ship may be
used to award a new contract for such activities unless these
contracts include specifications that all auxiliary equipment,
including pumps and propulsion shafts, are manufactured in the
United States.
Sec. 8102. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Account may be transferred
to:
(1) the Rapid Prototyping Fund established under
section 804(d) of the National Defense Authorization
Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (as
amended by section 897 of the National Defense
Authorization Act for Fiscal Year 2017).
Sec. 8103. From funds made available in title II of this
Act, the Secretary of Defense may purchase for use by military
and civilian employees of the Department of Defense in the
United States Central Command area of responsibility: (1)
passenger motor vehicles up to a limit of $75,000 per vehicle;
and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a
limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 8104. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or for
any activity necessary for the national defense, including
intelligence activities.
Sec. 8105. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8106. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting such tax liability, provided that
the applicable Federal agency is aware of the unpaid Federal
tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8107. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the ``Explanation
of Project Level Adjustments'' tables in the explanatory
statement regarding this Act, may be used for expenses for the
agile research, development, test and evaluation, procurement,
production, modification, and operation and maintenance, only
for the following Software and Digital Technology Pilot
programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE
0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System (PE 0303150K);
and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior
Department of Defense Appropriations Acts may be obligated or
expended to initiate additional Software and Digital Technology
Pilot Programs in fiscal year 2023.
Sec. 8108. In addition to amounts provided elsewhere in this
Act, there is appropriated $686,500,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to
remain available until expended: Provided, That such funds
shall only be available to the Secretary of Defense, acting
through the Office of Local Defense Community Cooperation of
the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make
grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools: Provided further, That
in making such funds available, the Office of Local Defense
Community Cooperation or the Secretary of Education shall give
priority consideration to those military installations with
schools having the most serious capacity or facility condition
deficiencies as determined by the Secretary of Defense:
Provided further, That as a condition of receiving funds under
this section a local educational agency or State shall provide
a matching share as described in the notice titled ``Department
of Defense Program for Construction, Renovation, Repair or
Expansion of Public Schools Located on Military Installations''
published by the Department of Defense in the Federal Register
on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided
further, That these provisions apply to funds provided under
this section, and to funds previously provided by Congress to
construct, renovate, repair, or expand elementary and secondary
public schools on military installations in order to address
capacity or facility condition deficiencies at such schools to
the extent such funds remain unobligated on the date of
enactment of this section.
Sec. 8109. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 8110. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the
Defense Security Cooperation Agency, $300,000,000, to remain
available until September 30, 2024, shall be for the Ukraine
Security Assistance Initiative: Provided, That such funds shall
be available to the Secretary of Defense, with the concurrence
of the Secretary of State, to provide assistance, including
training; equipment; lethal assistance; logistics support,
supplies and services; salaries and stipends; sustainment; and
intelligence support to the military and national security
forces of Ukraine, and to other forces or groups recognized by
and under the authority of the Government of Ukraine, including
governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any
weapons or articles provided to the Government of Ukraine from
the inventory of the United States, and to recover or dispose
of equipment procured using funds made available in this
section in this or prior Acts: Provided further, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall, not more than 60 days after such notification is
made, inform such committees if such funds have not been
obligated and the reasons therefor: Provided further, That the
Secretary of Defense shall consult with such committees in
advance of the provision of support provided to other forces or
groups recognized by and under the authority of the Government
of Ukraine: Provided further, That the United States may accept
equipment procured using funds made available in this section
in this or prior Acts transferred to the security forces of
Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made
available in this section in this or prior Acts, and not yet
transferred to the military or national security forces of
Ukraine or to other assisted entities, or returned by such
forces or other assisted entities to the United States, may be
treated as stocks of the Department of Defense upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use and
status of funds made available in this section.
Sec. 8111. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That, such contributions shall, upon
receipt, be credited to the appropriations or fund which
incurred such obligations.
Sec. 8112. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the
Defense Security Cooperation Agency, $1,510,260,000, to remain
available until September 30, 2024, shall be available for
International Security Cooperation Programs and other programs
to provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or building partner capacity
programs: Provided, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in
this section, notify the congressional defense committees in
writing of the details of any planned obligation: Provided
further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds
made available in this section.
Sec. 8113. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the
Defense Security Cooperation Agency, $410,000,000, to remain
available until September 30, 2024, shall be available to
reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under
section 1226 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border
security, of which not less than $150,000,000 shall be for
Jordan: Provided, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing
of the details of any planned obligation and the nature of the
expenses incurred: Provided further, That the Secretary of
Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
Sec. 8114. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8115. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title
10, United States Code, or peacekeeping operations for the
countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public
Law 110-457; 22 U.S.C. 2370c-1) may be used to support any
military training or operation that includes child soldiers, as
defined by the Child Soldiers Prevention Act of 2008, unless
such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8116. None of the funds made available by this Act may
be made available for any member of the Taliban.
Sec. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance with
section 8005 of this Act.
Sec. 8118. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant
to, or provide a loan or loan guarantee to Rosoboronexport or
any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing
lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased
taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense
committees a report containing the results of the review
conducted with respect to such waiver.
(including transfer of funds)
Sec. 8119. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $1,000,000,000,
to remain available until September 30, 2024, is hereby
appropriated to the Department of Defense and made available
for transfer only to other appropriations available to the
Department of Defense in Department of Defense Appropriations
Acts: Provided, That such funds shall be available to the
Secretary of Defense for the purpose of conducting activities
relating to improvements of infrastructure and defueling at the
Red Hill Bulk Fuel Storage Facility: Provided further, That
amounts transferred pursuant to this appropriation shall be
merged with, and be available for the same purposes and time
period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
the purposes provided in this section, such amounts may be
transferred back to this section: Provided further, That the
transfer authority provided pursuant to this section is in
addition to any other transfer authority provided by law:
Provided further, That not less than 30 days prior to any
transfer of funds pursuant to this section, the Secretary of
Defense shall notify the congressional defense committees of
the details of any such transfer: Provided further, That not
later than 60 days after the enactment of this Act and every 30
days thereafter through fiscal year 2024, the Secretary of
Defense shall submit a report to the Committees on
Appropriations of the House of Representatives and Senate,
setting forth all categories and amounts of obligations and
expenditures made under the authority provided in this section.
Sec. 8120. (a) Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to
the Secretary of State, for use by the United States Agency for
International Development, amounts to be used for the Bien Hoa
dioxin cleanup in Vietnam.
(b) Not more than $15,000,000 may be transferred in each of
fiscal years 2024 through 2030 under the transfer authority in
subsection (a).
(c) The transfer authority in subsection (a) is in addition
to any other transfer authority available to the Department of
Defense.
(d) If the Secretary of Defense determines to use the
transfer authority in subsection (a), the Secretary shall
notify the congressional defense committees of that
determination not later than 30 days before the Secretary uses
the transfer authority.
(including transfer of funds)
Sec. 8121. In addition to amounts appropriated in title III,
title IV, or otherwise made available elsewhere in this Act,
$1,052,501,000 is hereby appropriated to the Department of
Defense and made available for transfer to the procurement and
research, development, test and evaluation accounts of the
Army, Navy, Marine Corps, Air Force, and Space Force to reflect
revised economic assumptions: Provided, That the transfer
authority provided under this section is in addition to any
other transfer authority provided elsewhere in this Act:
Provided further, That none of the funds provided under this
section may be obligated or expended until 30 days after the
Secretary of Defense provides the Committees on Appropriations
of the House of Representatives and the Senate a detailed
execution plan for such funds.
Sec. 8122. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the
total amount appropriated in this Act is hereby reduced by
$956,400,000.
Sec. 8123. Equipment procured using funds provided in prior
Acts under the heading ``Counterterrorism Partnerships Fund''
for the program authorized by section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291), or under the
heading ``Iraq Train and Equip Fund'' for the program
authorized by section 1236 of such Act, and not yet transferred
to authorized recipients may be transferred to foreign security
forces, irregular forces, groups, or individuals, authorized to
receive assistance using amounts provided under the heading
``Counter-ISIS Train and Equip Fund'' in this Act: Provided,
That such equipment may be transferred 15 days following
written notification to the congressional defense committees.
Sec. 8124. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the
Defense Security Cooperation Agency, $25,000,000, to remain
available until September 30, 2024, shall be for payments to
reimburse key cooperating nations for logistical, military, and
other support, including access, provided to United States
military and stability operations to counter the Islamic State
of Iraq and Syria: Provided, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following written
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose
of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military and stability operations to
counter the Islamic State of Iraq and Syria, and 15 days
following written notification to the appropriate congressional
committees: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
Sec. 8125. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted Reproductive
Services for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on April
3, 2012, and the guidance issued to implement such memorandum,
the Secretary of Defense shall apply such policy and guidance,
except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(2) the term ``assisted reproductive technology''
shall include embryo cryopreservation and storage
without limitation on the duration of such
cryopreservation and storage.
Sec. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That
nothing in this Act shall be construed to limit or prohibit
cooperation, collaboration, and coordination between the
National Reconnaissance Office and the Space Force or any other
elements of the Department of Defense.
Sec. 8127. Funds awarded pursuant to the authority in
section 8085 of the Department of Defense Appropriations Act,
2010 (Public Law 111-118) to the Edward M. Kennedy Institute
for the Senate may be used for facility operations and
maintenance, and program activities, without regard to any
previous endowment disbursement limitations.
Sec. 8128. The Secretary of Defense shall notify the
congressional defense committees in writing not more than 30
days after the receipt of any contribution of funds received
from the government of a foreign country for any purpose
relating to the stationing or operations of the United States
Armed Forces: Provided, That such notification shall include
the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such
contribution was accepted by the Secretary of Defense: Provided
further, That not fewer than 15 days prior to obligating such
funds, the Secretary of Defense shall submit to the
congressional defense committees in writing a notification of
the planned use of such contributions, including whether such
contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8129. (a) The Chairman of the Joint Chiefs, in
coordination with the Secretaries of the military departments
and the Chiefs of the Armed Forces, shall submit to the
congressional defense committees, not later than 30 days after
the last day of each quarter of the fiscal year, a report on
the use of operation and maintenance funds for activities or
exercises in excess of $5,000,000 that have been designated by
the Secretary of Defense as unplanned activities for fiscal
year 2023.
(b) Each report required by subsection (a) shall also
include--
(1) the title, date, and location, of each activity
and exercise covered by the report;
(2) an identification of the military department and
units that participated in each such activity or
exercise (including an estimate of the number of
participants);
(3) the total cost of the activity or exercise, by
budget line item (with a breakdown by cost element such
as transportation); and
(4) a short explanation of the objective of the
activity or exercise.
(c) The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
Sec. 8130. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations of
the United States Armed Forces, including a temporary base,
permanent base, or base owned and operated by a foreign
country, is opened or closed, the Secretary of Defense shall
notify the congressional defense committees in writing of the
opening or closing of such base: Provided, That such
notification shall also include information on any personnel
changes, costs, and savings associated with the opening or
closing of such base.
Sec. 8131. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States Armed Forces into hostilities in
Iraq, into situations in Iraq where imminent involvement in
hostilities is clearly indicated by the circumstances, or into
Iraqi territory, airspace, or waters while equipped for combat,
in contravention of the congressional consultation and
reporting requirements of sections 3 and 4 of such Resolution
(50 U.S.C. 1542 and 1543).
Sec. 8132. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8133. Nothing in this Act may be construed as
authorizing the use of force against Iran or the Democratic
People's Republic of Korea.
Sec. 8134. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq or Syria.
Sec. 8135. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'', and
under the heading ``Operation and Maintenance, Defense-Wide''
for Department of Defense security cooperation grant programs,
may be used to procure or transfer man-portable air defense
systems.
Sec. 8136. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ``Operation
and Maintenance, Defense-Wide'' may be used to provide
assistance to the Government of Jordan to support the armed
forces of Jordan and to enhance security along its borders.
Sec. 8137. None of the funds made available by this Act may
be used to support any activity conducted by, or associated
with, the Wuhan Institute of Virology.
Sec. 8138. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the
Azov Battalion.
Sec. 8139. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8140. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual
detained at United States Naval Station Guantanamo Bay, Cuba,
to the custody or control of the individual's country of
origin, any other foreign country, or any other foreign entity
except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and
section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8141. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8142. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8143. None of the funds made available by this Act may
be used to fund any work to be performed by EcoHealth Alliance,
Inc. in China on research supported by the government of China
unless the Secretary of Defense determines that a waiver to
such prohibition is in the national security interests of the
United States and, not later than 14 days after granting such a
waiver, submits to the congressional defense committees a
detailed justification for the waiver, including--
(1) an identification of the Department of Defense
entity obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party
entity recipient, as applicable);
(5) an explanation for how the waiver is in the
national security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Defense Fund for fiscal year 2023 pursuant
to the transfer authority in section 102(b)(1) of the CHIPS Act
of 2022 (division A of Public Law 117-167), to the account
specified, in the amounts specified, and for the projects and
activities specified, in the table titled ``Department of
Defense Allocation of Funds: CHIPS and Science Act Fiscal Year
2023'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(b)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of a
fiscal year for the Department of Defense: Provided, That in
any fiscal year, the matter preceding this proviso shall not
apply to the allocation, apportionment, or allotment of amounts
for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may
be allocated pursuant to the transfer authority in section
102(b)(1) of the CHIPS Act of 2022 only in amounts that are no
more than the allocation for such purposes in subsection (a) of
this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and
conditions contained in the provisos in section 8005 of this
Act: Provided, That amounts may be reallocated pursuant to this
subsection only for those requirements necessary to carry out
section 9903(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
(d) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of Defense shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate proposed allocations by account
and by program, project, or activity, with detailed
justifications, for amounts made available under section
102(b)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Defense shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Defense Fund for
amounts allocated pursuant to subsection (a) of this section,
including all uncommitted, committed, and unobligated funds.
Sec. 8145. The Secretary of the Navy shall continue to
provide pay and allowances to Lieutenant Ridge Alkonis, United
States Navy, until such time as the Secretary of the Navy makes
a determination with respect to the separation of Lieutenant
Alkonis from the Navy.
This division may be cited as the ``Department of Defense
Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division C contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S8029 of
Book I.
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DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
The following is an explanation of the effects of this Act,
which makes appropriations for the Department of Defense for
fiscal year 2023. The joint explanatory statement accompanying
this division is approved and indicates congressional intent.
Unless otherwise noted, the language set forth in House Report
117-388 carries the same weight as language included in this
joint explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended by
the Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987 (Public Law 100-119), and by the Budget Enforcement
Act of 1990 (Public Law 101-508), the terms ``program, project,
and activity'' for appropriations contained in this Act shall
be defined as the most specific level of budget items
identified in the Department of Defense Appropriations Act,
2023, the related classified annexes and Committee reports, and
the P-1 and R-1 budget justification documents as subsequently
modified by congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and maintenance
accounts, for which the term ``program, project, and activity''
is defined as the appropriations accounts contained in the
Department of Defense Appropriations Act.
At the time the President submits the Budget for fiscal
year 2024, the Secretary of Defense is directed to transmit to
the congressional defense committees budget justification
documents to be known as the M-1 and O-1, which shall identify,
at the budget activity, activity group, and sub-activity group
level, the amounts requested by the President to be
appropriated to the Department of Defense for military
personnel and operation and maintenance in any budget request,
or amended budget request, for fiscal year 2024.
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to continue to follow
the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). The dollar threshold for reprogramming
funds shall be $10,000,000 for military personnel; operation
and maintenance; procurement; and research, development, test
and evaluation.
Additionally, the Under Secretary of Defense (Comptroller)
is directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II and
quarterly, spreadsheet-based DD Form 1416 reports for Service
and defense-wide accounts in titles III and IV of this Act.
Reports for titles III and IV shall comply with guidance
specified in the explanatory statement accompanying the
Department of Defense Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative from the base for reprogramming value as modified by
any adjustments. Therefore, if the combined value of transfers
into or out of a military personnel (M-1); an operation and
maintenance (O-1); a procurement (P-1); or a research,
development, test and evaluation (R-1) line exceeds the
identified threshold, the Secretary of Defense must submit a
prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in the
project level tables or in paragraphs using the phrase ``only
for'' or ``only to'' in this report are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount, as specifically addressed in
the Committee report.
REVISED ECONOMIC ASSUMPTIONS
The agreement provides additional funding to offset cost
factors that have increased since the formulation of the fiscal
year 2023 President's budget request. This includes
$1,752,375,000 for higher than planned housing, subsistence and
other expenses for military personnel; $841,892,000 for higher
costs for utilities and daycare; over $1,000,000,000 for
acquisition programs; $209,615,000 to offset price increases
for patrons at the commissaries; $400,000,000 for higher costs
for the Defense Health Program; as well as $3,734,000,000 for
higher fuel costs. It is directed that the additional funding
shall be applied to incremental costs due to increased
inflation or other pricing indexes and shall not be used to
address program baseline shortfalls or to fund other unforeseen
requirements. The Under Secretary of Defense (Comptroller) is
directed to continue working with the congressional defense
committees to refine pricing shortfall estimates caused by
revised economic assumptions through the second quarter of
fiscal year 2023. Further, it is directed that none of these
additional funds may be obligated or expended until 30 days
after the Under Secretary of Defense (Comptroller) provides an
execution plan to the congressional defense committees.
CLASSIFIED ANNEX
Adjustments to the classified programs are addressed in the
classified annex accompanying this report.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
COMPETITION FOR CONGRESSIONAL INCREASES
Funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables titled Explanation of Project
Level Adjustments. Except for projects contained in the table
titled Community Project Funding, funding increases shall be
competitively awarded, or provided to programs that have
received competitive awards in the past.
COMMUNITY PROJECT FUNDING
The agreement directs the Secretary of Defense to ensure
that all Community Project Funding is awarded to its intended
recipients.
APPROPRIATIONS FOR DEPARTMENT OF DEFENSE-IDENTIFIED UNFUNDED
REQUIREMENTS
In accordance with 10 U.S.C. 222(a), the military services
and combatant commands submitted to the congressional defense
committees unfunded mission requirements in excess of
$19,000,000,000 with submission of the fiscal year 2023
President's budget. The agreement includes additional
appropriations in fiscal year 2023 to address these shortfalls,
as identified in the tables of Explanation of Project Level
Adjustments in this explanatory statement. As previously
stated, there are concerns about instances where appropriations
for unfunded requirements remained unobligated until proposed
for realignment. While it is understandable that requirements
evolve and associated funding requirements change during
execution of the budget, such unexecuted appropriations suggest
that additional details regarding the execution of
appropriations provided specifically for unfunded requirements
identified by the Department of Defense is warranted.
Therefore, direction included in the Joint Explanatory
Statement accompanying the Department of Defense Appropriations
Act, 2022, is reiterated, and it is directed that any
submission of unfunded requirements by the military services,
defense agencies, and combatant commands with the fiscal year
2024 President's budget be accompanied by updated requirements
and programmatic and execution plans for unfunded requirements
that received appropriations in fiscal year 2023. Further, the
Assistant Secretaries (Financial Management and Comptroller)
for the Air Force, Navy, and Army are directed to incorporate
in the congressional budget brief templates distinct
programmatic and execution data for appropriations provided in
the previous three fiscal years for unfunded requirements
pertaining to the program/effort.
CONTROLLED UNCLASSIFIED INFORMATION
In March 2020, the Undersecretary of Defense for
Intelligence and Security issued Instruction 5200.48, which
outlines the Department's policies on content that it deems
controlled unclassified information (CUI). It is understood
that these policies are intended to safeguard national security
and ensure that sensitive but unclassified Department of
Defense information is not revealed to adversaries. However,
while common sense security practices are supported, there is
concern that the extensive use of CUI will result in less
transparency, accountability, and congressional oversight.
Therefore, the Deputy Secretary of Defense is directed to
review the current usage of CUI to ensure its appropriate
application, and to brief the congressional defense committees
not later than 30 days after the enactment of this Act on the
findings of this review. As appropriate, the briefing may be
provided in an unclassified format with a classified annex.
NAVY AND MARINE CORPS AVIATION MISHAPS
The number of Navy and Marine Corps aviation mishaps that
have occurred in the current calendar year, some of which have
resulted in the tragic loss of life of sailors and Marines, is
concerning. The Chief of Naval Operations and the Commandant of
the Marine Corps are directed to brief the findings of the
accident review boards on the various mishaps to the House and
Senate Appropriations Committees not later than 180 days after
the enactment of this Act. The agreement encourages Service
leadership to focus on finding common causes that apply to both
the Navy and Marine Corps aviation units and their missions.
REFORMS, RE-PRIORITIZATIONS, AND RETIREMENTS EXHIBIT
The Under Secretary of Defense (Comptroller) is directed to
continue to refine the ``Reforms, Re-prioritizations, and
Retirements'' budget exhibit, to include budget line item
details, and to submit the Defense Operation and Maintenance
overview book at the same time as the detailed justification
books.
HOMELAND DEFENSE RADAR--HAWAII
The agreement directs the Director of the Missile Defense
Agency, in consultation with the Commander of United States
Indo-Pacific Command, to provide quarterly updates to the
congressional defense committees on the status of the Homeland
Defense Radar--Hawaii production and location siting, as well
as current and evolving threats in the region. These updates
shall be provided at the unclassified and classified level as
required.
DEFENSE OF GUAM
The Director, Missile Defense Agency, in coordination with
the Secretaries of the Army, Navy, and Air Force, is directed
to provide a quarterly update to the congressional defense
committees on the mission to support the Defense of Guam. The
update shall include: the status of environmental impact
statements and site surveys required to support placement of
weapons systems supporting the Defense of Guam, the upgrades to
Guam's infrastructure required to support the mission,
acquisition schedules of anticipated weapons systems and
corresponding deployment schedules of such systems, manning
requirements for the Defense of Guam mission, and obligation
and expenditure data on all funding related to the Defense of
Guam. These updates shall be provided at an unclassified and
classified level as required.
COMPLETE AND TIMELY FINANCIAL REPORTING
The agreement directs the Undersecretary of Defense
(Comptroller) to provide the congressional defense committees,
not later than 60 days after the enactment of this Act, a plan
for delivery of comprehensive obligation and execution data,
including expenditure data for funds with a tenure longer than
one year.
JOINT STRIKE FIGHTER
In July 2022, the Department of Defense announced a
contract for F-35 Joint Strike Fighters (JSF) covering
production lots 15 through 17, corresponding to fiscal years
2021 through 2023. This contract encompasses 230 United States
aircraft previously appropriated by Congress or requested in
the fiscal year 2023 President's budget request. Due to
multiple factors, the cost of this contract exceeds available
and requested funds by $1,825,600,000 once all relevant factors
are considered, putting 19 aircraft at risk of being lost.
Through a combination of congressional increases and excess
funds transferred from elsewhere within the JSF program, the
agreement provides resources to cover this shortfall, allowing
for the restoration of all 19 at-risk aircraft, including 11 F-
35A, one F-35B, and seven F-35C aircraft in fiscal year 2023
and prior years. The Program Executive Officer (PEO), F-35
Joint Program Office (JPO) is directed to report to the
congressional defense committees, not later than 90 days after
the enactment of this Act, on how these additional funds will
be applied to the lot 15-17 contract.
In addition, it is noted that development and test
activities on the critical path for the Block 4 and TR-3
capability upgrades continue to experience repeated delays and
are jeopardizing the current timeline for planned integration
into lot 15 aircraft. The agreement therefore directs the PEO,
F-35 JPO to submit a report to the congressional defense
committees providing an updated assessment of the Block 4 and
TR-3 development programs, to include an assessment of the
critical paths to lot 15 integration and retrofit installation,
not later than 30 days after the enactment of this Act and
written notification following each subsequent breach in
timeline for those activities identified along the critical
path.
BUDGET JUSTIFICATION DOCUMENTATION OF OVERSEAS OPERATIONS FUNDING
Section 8077 of H.R. 8236 directed specific details be
included in separate budget justification documents for cost of
the United States Armed Forces' participation in contingency
operations for the Military Personnel accounts; the Operation
and Maintenance accounts; the Procurement accounts; and the
Research, Development, Test, and Evaluation accounts. The
agreement does not include this provision. It is acknowledged
that creating base budget justification books and a separate
Overseas Operations Appendix is not only an administrative
burden, but may confuse the process, with some stakeholders not
being aware that the Appendix is a subset of the baseline
submission.
In lieu of a general provision prescribing the formulation
of the budget justification documents, the agreement directs
the Under Secretary of Defense (Comptroller) and the Assistant
Secretaries of the Army, Navy, and Air Force (Financial
Management and Comptroller) to work together with the House and
Senate Appropriations Committees to develop clear guidance on
how to account for both baseline and contingency operations
funding in the budget request exhibits for all appropriations.
Comptrollers are further directed to begin discussions not
later than 45 days after the enactment of this Act and for the
updated exhibits to be included in the justification materials
with the fiscal year 2025 President's budget request.
TITLE I--MILITARY PERSONNEL
The agreement provides $172,708,964,000 in Title I,
Military Personnel.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
----------------------------------------------------------------------------------------------------------------
Fiscal year 2023
-------------------------------------------------------------------------------
Fiscal year Change from
2022 Budget Request Final Bill Change from fiscal year
authorized request 2022
----------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army.......................... 485,000 473,000 452,000 -21,000 -33,000
Navy.......................... 346,920 346,300 354,000 7,700 7,080
Marine Corps.................. 178,500 177,000 177,000 0 -1,500
Air Force..................... 329,220 323,400 325,344 1,944 -3,876
Space Force................... 8,400 8,600 8,600 0 200
Total, Active Forces........ 1,348,040 1,328,300 1,316,944 -11,356 -31,096
Guard and Reserve Forces
(End Strength):
Army Reserve.................. 189,500 189,500 177,000 -12,500 -12,500
Navy Reserve.................. 58,600 57,700 57,000 -700 -1,600
Marine Corps Reserve.......... 36,800 33,000 33,000 0 -3,800
Air Force Reserve............. 70,300 70,000 70,000 0 -300
Army National Guard........... 336,000 336,000 325,000 -11,000 -11,000
Air National Guard............ 108,300 108,400 108,400 0 100
Total, Selected Reserve..... 799,500 794,600 770,400 -24,200 -29,100
-------------------------------------------------------------------------------
Total, Military Personnel... 2,147,540 2,122,900 2,087,344 -35,556 -60,196
----------------------------------------------------------------------------------------------------------------
MILITARY PERSONNEL OVERVIEW
The agreement provides the resources required for 1,316,944
active forces and 770,400 selected reserve forces in order to
meet operational needs for fiscal year 2023. The agreement also
provides the funding necessary to support a 4.6 percent pay
raise for all military personnel, effective January 1, 2023.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2023
appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the joint explanatory statement are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). This includes the program increases for basic
allowance for subsistence, basic allowance for housing,
dislocation allowance, basic needs allowance and temporary
lodging expense. Each of these items must be carried on the DD
Form 1414 at the stated amount as specifically addressed in the
joint explanatory statement. Below threshold reprogrammings may
not be used to either restore or reduce funding from
congressional special interest items as identified on the DD
Form 1414.
STRENGTH REPORTING
The Service Secretaries are directed to provide monthly
strength reports for all components to the congressional
defense committees beginning not later than 30 days after the
enactment of this Act. The first report shall provide actual
baseline end strength for officer, enlisted, and cadet
personnel, and the total component. The second report shall
provide the end of year projection for average strength for
officer, enlisted, and cadet personnel using the formula in the
Department of Defense Financial Management Regulation Volume
2A, Chapter Two. For the active components, this report shall
break out average strength data by base and direct war and
enduring costs; and differentiate between the active and
reserve components. It shall also include the actuals and
projections compared to the fiscal year 2023 President's budget
request.
RESERVE COMPONENT BUDGET REPORTING
The Secretary of Defense is directed to provide a semi-
annual detailed report to the congressional defense committees
which shows transfers between sub-activities within the
military personnel appropriation. Reports shall be submitted
not later than 30 days after the end of the second quarter and
not later than 30 days after the end of the fiscal year.
ADVANCED TRAUMA AND PUBLIC HEALTH DIRECT TRAINING SERVICES FOR THE
NATIONAL GUARD
The Chiefs of the National Guard are directed to continue
pursuing state-of-the-art trauma training, critical care,
behavioral health, public health training and other ancillary,
direct training with civilian and international partners.
Further, the Chiefs of the National Guard are directed to
develop enhanced medical and critical care preparedness
programs in order to minimize civilian-military and
international coalition medical operational gaps in the event
of a catastrophic incident. These preparedness programs shall
be delivered through direct training services, to include
public health curriculums focusing on the epidemiology of
public health diseases, mass casualty triage, advanced disaster
and hazardous material life support, emergency dental, and
psychological health.
EXTREMISM IN THE MILITARY
In lieu of House language on extremism in the military, the
agreement directs the Secretary of Defense, not later than 120
days after the enactment of this Act, to provide the
congressional defense committees with an update to the report
on military personnel and extremist or criminal groups. The
report shall describe new policy and personnel actions taken
since the preceding report and provide additional information
on the types of extremist or criminal groups involved in such
personnel actions. Details may be provided by a classified
appendix, if required.
AIR NATIONAL GUARD UNITS WITH SPACE MISSIONS
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees detailing any
plans to transfer space missions, personnel, or equipment of
the Air National Guard to the Space Force. The report shall be
submitted not later than 30 days after the transfer decision is
made, shall include fiscal year 2024 cost estimates through the
future years defense program, the rationale for the decision,
an explanation of organizational benefits, and any follow-on
missions identified for the Air National Guard units that are
losing space elements following the transfer. Further, the
Secretary of the Air Force is directed to certify in writing
that such transfer is consistent with the mission of the Space
Force and will not have an adverse impact on the Air National
Guard.
MILITARY PERSONNEL, ARMY
The agreement provides $49,628,305,000 for Military
Personnel, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, NAVY
The agreement provides $36,706,395,000 for Military
Personnel, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, MARINE CORPS
The agreement provides $15,050,088,000 for Military
Personnel, Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, AIR FORCE
The agreement provides $35,427,788,000 for Military
Personnel, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MILITARY PERSONNEL, SPACE FORCE
The agreement provides $1,109,400,000 for Military
Personnel, Space Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, ARMY
The agreement provides $5,212,834,000 for Reserve
Personnel, Army, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, NAVY
The agreement provides $2,400,831,000 for Reserve
Personnel, Navy, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, MARINE CORPS
The agreement provides $826,712,000 for Reserve Personnel,
Marine Corps, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
RESERVE PERSONNEL, AIR FORCE
The agreement provides $2,457,519,000 for Reserve
Personnel, Air Force, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, ARMY
The agreement provides $9,232,554,000 for National Guard
Personnel, Army, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
NATIONAL GUARD PERSONNEL, AIR FORCE
The agreement provides $4,913,538,000 for National Guard
Personnel, Air Force, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $278,075,177,000 in Title II,
Operation and Maintenance.
[[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base for
Reprogramming (DD Form 1414) for each of the fiscal year 2023
appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$10,000,000. In addition, the Secretary of Defense shall follow
prior approval reprogramming procedures for transfers in excess
of $10,000,000 out of the following readiness sub-activity
groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Flight training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Combat support forces
Facilities sustainment, restoration, and modernization
Base operating support
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Space Force:
Space operations
Contractor logistics support and system support
Administration
Air Force Reserve:
Primary combat forces
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $10,000,000 into the
following budget sub-activities:
Air Force:
Base support
Army National Guard:
Base operations support
Facilities sustainment, restoration, and modernization
Management and operational headquarters
Air National Guard:
Contractor logistics support and systems support
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or have
been specifically reduced as shown in the project level tables
or in paragraphs using the phrase ``only for'' or ``only to''
in the explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount as specifically addressed in the
explanatory statement. Below threshold reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
OPERATION AND MAINTENANCE BUDGET EXECUTION DATA
The Secretary of Defense is directed to continue to provide
the congressional defense committees with quarterly budget
execution data. Such data should be provided not later than 45
days after the close of each quarter of the fiscal year and
should be provided for each O-l budget activity, activity
group, and sub-activity group for each of the active, defense-
wide, reserve, and National Guard components. For each O-l
budget activity, activity group, and sub-activity group, these
reports should include the budget request and actual obligation
amount, the distribution of unallocated congressional
adjustments to the budget request, all adjustments made by the
Department in establishing the Base for Reprogramming (DD Form
1414) report, all adjustments resulting from below threshold
reprogrammings, and all adjustments resulting from prior
approval reprogramming requests.
REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND
The agreement directs the Secretary of Defense to submit a
baseline report that shows the Special Operations Command's
operation and maintenance funding by sub-activity group for the
fiscal year 2023 appropriation not later than 60 days after the
enactment of this Act. The Secretary of Defense is further
directed to submit quarterly execution reports to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter that addresses the rationale for
the realignment of any funds within and between budget sub-
activities. Finally, the Secretary of Defense is directed to
notify the congressional defense committees 30 days prior to
the realignment of funds in excess of $10,000,000 between sub-
activity groups.
REPORTING REQUIREMENT FOR FUEL COST INCREASE
The agreement recommends a funding increase to reflect
higher than anticipated fuel costs. The funding provided is a
congressional special interest item. The Secretary of Defense
and Service Secretaries are directed to submit a breakout of
the recommended fuel increase by appropriation, budget line
item, and OP-32 line item not later than 30 days after the
enactment of this Act.
JOINT ALL DOMAIN TRAINING CENTER
The Secretary of Defense, in coordination with the Chiefs
of the military services, is directed to provide a report to
the congressional defense committees, not later than 90 days
after the enactment of this Act, that details the feasibility,
potential locations and projected costs of establishing a Joint
All Domain Training Center in the eastern half of the United
States.
ENVIRONMENTAL RESTORATION PROGRAM TRANSPARENCY
The agreement provides an additional $520,730,000 for the
environmental restoration accounts to accelerate the cleanup of
hazardous substances, pollutants, and contaminants. The
Secretary of Defense and the Service Secretaries are directed
to provide a report on Environmental Restoration Program
implementation to the congressional defense committees not
later than 90 days after the enactment of this Act. The report
shall include an explanation of the evaluation processes and
criteria; and a spend plan for account activities along with
project location, funding history, and total cost. Further, the
Secretary of Defense and the Service Secretaries are directed
to provide quarterly budget execution reports to the House and
Senate Appropriations Committees not later than 45 days after
the enactment of this Act.
DRINKING WATER CONTAMINATION
The agreement provides an additional $224,900,000 for the
Department of Defense and military services to remediate
contaminated drinking water caused by per- and polyfluoroalkyl
substances (PFAS). In communities where PFAS has leeched into
the groundwater used for drinking in communities surrounding
active and former military installations, the Secretary of
Defense and Service Secretaries are directed to continue to
prioritize mitigation plans that remove these chemicals from
the groundwater as quickly and efficiently as possible. The
Secretary of Defense and the Service Secretaries are directed
to provide a spend plan to the House and Senate Appropriations
Committees for the additional funds not later than 90 days
after the enactment of this Act. Further, the Secretary of
Defense and the Service Secretaries are directed to include a
separate budget justification report on PFAS remediation and
aqueous film forming foam removal and disposal activities in
the operation and maintenance and environmental restoration
accounts to the congressional defense committees no later than
30 days after the fiscal year 2024 President's budget request
is delivered to Congress that includes an updated assessment of
the entire funding requirement for those known costs.
PERFLUOROOCTANE SULFONATE AND PERFLUOROOCTANOIC ACID EXPOSURE
ASSESSMENT
In lieu of related items directed under this heading in
House Report 117-388, the agreement directs the Assistant
Secretary of Defense for Energy, Installations, and Environment
to submit a report to the House and Senate Appropriations
Committees not later than 30 days after the enactment of this
Act on the Department's strategy to execute the $20,000,000
provided for a study and assessment of the health implications
of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid
(PFOA) contamination in drinking water. Further, as the
Department conducts its exposure assessment on all
installations known to have PFOS/PFOA drinking water
contamination, the agreement directs the Assistant Secretary of
Defense for Energy, Installations, and Environment to publicly
release the measured levels of contamination found at each
installation.
OPERATION AND MAINTENANCE, ARMY
The agreement provides $59,015,977,000 for Operation and
Maintenance, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY
The agreement provides $68,260,046,000 for Operation and
Maintenance, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NAVAL SHIPYARD APPRENTICE PROGRAM
The Secretary of the Navy is directed to induct classes of
not fewer than 100 apprentices at each of the respective naval
shipyards and to include the costs of the class of apprentices
in the fiscal year 2024 President's budget request.
UNITED STATES COAST GUARD
The agreement directs that funds appropriated under
Operation and Maintenance, Navy may be used to pay overhead
costs incurred by a naval shipyard when drydocking Coast Guard
ships.
SHIP MAINTENANCE
Despite the Navy's efforts to tackle barriers to on-time
ship maintenance, concerns about costs and schedules remain.
The agreement directs the following deliverables to keep the
congressional defense committees informed about efforts to
address maintenance challenges. The Secretary of the Navy shall
continue to provide the quarterly reports regarding private
contracted ship maintenance as directed in House Report 116-
453; submit the annual report on ship maintenance required by
section 1016 of Public Law 117-81 to the House and Senate
Appropriations Committees in conjunction with its submission to
the House and Senate Armed Services Committees; and not later
than 30 days after the enactment of this Act, brief the House
and Senate Appropriations Committees on the Navy's formulation
of a new funding model that is projecting to cut submarine
maintenance delays by 2026. This language replaces the language
under the heading ``Ship Maintenance'' in House Report 117-388.
LITTORAL COMBAT SHIP ALTERNATIVE USES
It is noted that despite repeated concerns from the
congressional defense committees, the Navy continues to propose
the decommissioning of many Littoral Combat Ships well before
the end of their useful service lives. However, it is
understood that the Navy is conducting studies on the
alternative uses of these platforms, including the future
integration of unmanned systems. It is noted and appreciated
that the Navy is taking these positive steps in utilizing ships
that were funded at great taxpayer expense. Therefore, the
Secretary of the Navy, not later than 30 days after the
enactment of this Act, is directed to submit a detailed
development plan, including the associated resourcing
requirements across the future year defense program, to the
congressional defense committees on these proposed alternative
uses. Further, the Secretary of the Navy is directed to include
funding for the modifications of these ships in its fiscal year
2024 President's budget request.
OPERATION AND MAINTENANCE, MARINE CORPS
The agreement provides $9,891,998,000 for Operation and
Maintenance, Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE
The agreement provides $60,279,937,000 for Operation and
Maintenance, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, SPACE FORCE
The agreement provides $4,086,883,000 for Operation and
Maintenance, Space Force, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, DEFENSE-WIDE
The agreement provides $49,574,779,000 for Operation and
Maintenance, Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
QUARTERLY REPORTS ON GUANTANAMO BAY DETENTION FACILITY
The agreement directs the Secretary of Defense to submit a
report to the House and Senate Appropriations Committees not
later than 60 days after the enactment of this Act, and
quarterly thereafter, on the current number of detainees at the
Guantanamo Bay detention facility; their legal status; a
description of all Department of Defense costs associated with
the facility during the last two fiscal years by program,
account, and activity; and the status of funds for the current
fiscal year. This language replaces the language under the
heading ``Guantanamo Bay Detention Facility'' in House Report
117-388.
DEFENSE LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE
The agreement designates the funding included in the fiscal
year 2023 President's budget request for the Language Training
Centers as a congressional special interest item and directs
that the funding profiles for the Language Training Centers and
the Language Flagship Program for the prior year, current year,
and budget year be included in the Performance Criteria section
of the Defense Human Resources Activity OP-5 budget exhibit in
future budget submissions.
PER DIEM RATES OUTSIDE OF THE CONTINENTAL UNITED STATES
The agreement directs a designee of the Secretary of
Defense to brief the House and Senate Appropriations Committees
not later than 90 days after the enactment of this Act on how
the Department will mitigate any impacts resulting from outside
of the continental United States per diem rates that fall well
below market rates in between normal rate review cycles.
ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION
The Secretary of Defense is directed to provide a report to
the House and Senate Appropriations Committees, not later than
30 days after the enactment of this Act, regarding an update on
the initiative established under section 550D of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92). The report shall also address opportunities within the
following subject matters: establishing cooperative agreements
and co-training with the relevant federal, state, local, and
other law enforcement agencies; integrating child protective
services and organizations into the initiative; and
implementing recommendations made in the Government
Accountability Office's report titled ``Increased Guidance and
Collaboration Needed to Improve DoD's Tracking and Response to
Child Abuse'' (GAO-20-110).
GREENHOUSE GAS EMISSIONS REPORT
In lieu of related items directed in House Report 117-388,
the agreement directs the Secretary of Defense to provide the
briefings requested under the heading ``Climate Change Report
and Adaptation Roadmap, Greenhouse Gas Emissions Report and
Fossil Fuels'' in Division C of the explanatory statement
accompanying the Consolidated Appropriations Act, 2022 (Public
Law 117-103).
DEFENSE SECURITY COOPERATION AGENCY PROGRAMS
The agreement directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on updates to the Baltic
Security Initiative's multi-year strategy and spend plan. The
agreement also directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on the transition of the
Office of Security Cooperation-Iraq to a security cooperation
office by the end of fiscal year 2023.
The agreement directs the Secretary of Defense to brief the
House and Senate Appropriations Committees not later than 90
days after the enactment of this Act on efforts to make
security cooperation programs more integrated and strategic,
including through the Significant Security Cooperation
Initiative.
The agreement supports international security cooperation
programs with partner countries and continues language
requiring the Secretary of Defense to notify the congressional
defense committees in writing not less than 15 days prior to
the obligation of funds. The agreement notes with concern
delays in the obligation, expenditure, and execution of
International Security Cooperation Programs and directs the
Director of the Defense Security Cooperation Agency to review
the implementation timelines for such programs. The agreement
further directs the Director to provide a briefing to the House
and Senate Appropriations Committees not later than 60 days
after the enactment of this Act on this review and ways to
effectively utilize the period of availability of funding for
these programs consistent with congressional review and
oversight requirements.
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
90 days after the enactment of this Act on the Department's
multi-year goals and objectives for the border security
program. The agreement also directs the Secretary to consult
with the House and Senate Appropriations Committees not later
than 45 days after the enactment of this Act on options to
increase the predictability of reimburse amounts for enhanced
border security.
The agreement provides funding for international security
cooperation programs with Central Asian countries to increase
border security and counter terrorist threats emanating from
Afghanistan by utilizing certain aircraft taken out of that
country. The Secretary of Defense shall consult with the House
and Senate Appropriations Committees not later than 60 days
after the enactment of this Act on the disposition of these
aircraft and the costs of various courses of action associated
with a phased introduction of some of them to partner
countries. Furthermore, the Secretary of Defense shall submit a
report to the congressional defense committees not later than
120 days after the enactment of this Act on the goals and
milestones for each program, information on host nations
capabilities and planned contributions, any agreements and
commitments made by host governments, plans to ensure the
graduation and sustainability of these programs, and
information on how these programs will be integrated with
related programs.
The agreement directs the Secretary of Defense to provide a
briefing to the House and Senate Appropriations Committees not
later than 30 days after the enactment of this Act on the
execution plan for the establishment of a Department of Defense
Irregular Warfare Functional Center.
CIVILIAN HARM MITIGATION AND RESPONSE
The agreement supports reforms to avoid, mitigate, and
respond to civilian harm and provides $41,750,000 to implement
the Department of Defense's Civilian Harm Mitigation and
Response Action Plan. The Secretary of Defense shall submit a
spend plan on the proposed use of funds to the House and Senate
Appropriations Committees not later than 45 days after the
enactment of this Act.
The agreement includes sufficient funding for the Office of
the Secretary of Defense under Operation and Maintenance,
Defense-Wide, for payments made to redress injury and loss
pursuant to section 1213 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92).
COUNTER-ISIS TRAIN AND EQUIP FUND
The agreement provides $475,000,000 for Counter-ISIS Train
and Equip Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Iraq Train and Equip.......................... 358,015 315,000
Historical unobligated balances............. ........... -43,015
Syria Train and Equip......................... 183,677 160,000
Historical unobligated balances............. ........... -23,677
-------------------------
Total, Counter-ISIS Train and Equip Fund.. 541,692 475,000
------------------------------------------------------------------------
The agreement continues support funds under this heading
for the Iraqi Security Forces, Kurdish Peshmerga, and the
Syrian Democratic Forces (SDF) to participate in activities to
counter the Islamic State of Iraq and Syria (ISIS). The
agreement also continues the requirement that the Secretary of
Defense ensure elements are appropriately vetted and receiving
commitments from them to promote respect for human rights and
the rule of law.
The agreement directs that congressional notifications for
funds provided under this heading include a description of the
amount, type, and purpose of assistance to be funded, and the
recipient of the assistance; the budget and implementation
timeline, with anticipated delivery schedule for assistance;
and a description of any material misuse of assistance since
the last notification was submitted, along with a description
of any remedies taken.
The agreement directs the Secretary of Defense to consult
with the House and Senate Appropriations Committees prior to
submitting any notification that includes fortification or
construction for detention facilities or internally displaced
persons camps and prohibits the use of funds under this heading
for any other construction activity. The agreement also directs
that such notifications include detailed information on the
scope of proposed projects and contributions from foreign
governments. The liberation of ISIS controlled territory has
left the SDF holding thousands of hardened foreign fighters and
their families under challenging conditions. Accordingly, the
agreement directs the Secretary of Defense to continue to
engage with the SDF on these matters, including to ensure that
detainees are afforded all protections due under the Geneva
Conventions.
OPERATION AND MAINTENANCE, ARMY RESERVE
The agreement provides $3,206,434,000 for Operation and
Maintenance, Army Reserve, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, NAVY RESERVE
The agreement provides $1,278,050,000 for Operation and
Maintenance, Navy Reserve, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
The agreement provides $347,633,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
The agreement provides $3,700,800,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
HOMESTEAD AIR RESERVE BASE
The Secretary of the Air Force is directed to provide a
report to the congressional defense committees that includes an
assessment of the impacts of civil aviation to military
readiness and military activity at Homestead Air Reserve Base.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
The agreement provides $8,299,187,000 for Operation and
Maintenance, Army National Guard, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
The agreement provides $7,382,079,000 for Operation and
Maintenance, Air National Guard, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
The agreement provides $16,003,000 for the United States
Court of Appeals for the Armed Forces.
ENVIRONMENTAL RESTORATION, ARMY
The agreement provides $324,500,000, an increase of
$128,256,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Army. Specifically,
$86,256,000 is provided as a general program increase,
$40,000,000 is provided for the Army and Army National Guard to
address costs associated with remediating contamination caused
by per- and polyfluoroalkyl substances, and $2,000,000 is
provided for Restoration Advisory Boards.
ENVIRONMENTAL RESTORATION, NAVY
The agreement provides $400,113,000, an increase of
$40,765,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Navy. Specifically,
$30,765,000 is provided as a general program increase and
$10,000,000 is provided to address costs associated with
remediating contamination caused by per- and polyfluoroalkyl
substances.
ENVIRONMENTAL RESTORATION, AIR FORCE
The agreement provides $573,810,000, an increase of
$259,336,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Air Force.
Specifically, $124,336,000 is provided as a general program
increase, $133,000,000 is provided for the Air Force and Air
National Guard to address costs associated with remediating
contamination caused by per- and polyfluoroalkyl substances,
and $2,000,000 is provided for Restoration Advisory Boards.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
The agreement provides $10,979,000, an increase of
$2,055,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Defense-Wide.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
The agreement provides $317,580,000, an increase of
$90,318,000 above the fiscal year 2023 President's budget
request, for Environmental Restoration, Formerly Used Defense
Sites. Specifically, $65,318,000 is provided as a general
program increase, $20,000,000 is provided for the Military
Munitions Response Program, and $5,000,000 is provided to
address costs associated with remediating contamination caused
by per- and polyfluoroalkyl substances.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
The agreement provides $170,000,000 for Overseas
Humanitarian, Disaster, and Civic Aid, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
FOREIGN DISASTER RELIEF....................... 20,000 25,000
Program increase............................ ........... 5,000
HUMANITARIAN ASSISTANCE....................... 77,800 120,000
Program increase............................ ........... 42,200
HUMANITARIAN MINE ACTION PROGRAM.............. 15,000 25,000
Program increase............................ ........... 10,000
-------------------------
Total, Overseas Humanitarian, Disaster, 112,800 170,000
and Civic Aid............................
------------------------------------------------------------------------
COOPERATIVE THREAT REDUCTION ACCOUNT
The agreement provides $351,598,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Strategic Offensive Arms Elimination.......... 6,859 6,859
Chemical Weapons Destruction.................. 14,998 14,998
Global Nuclear Security....................... 18,088 18,088
Biological Threat Reduction Program........... 225,000 235,000
Program increase--Biological Threat ........... 10,000
Reduction Program..........................
Proliferation Prevention Program.............. 45,890 45,890
Other Assessments/Admin Costs................. 30,763 30,763
-------------------------
Total, Cooperative Threat Reduction 341,598 351,598
Account..................................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
The agreement provides $111,791,000 for the Department of
Defense Acquisition Workforce Development Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Recruiting and Hiring......................... 1,444 1,444
Program increase--diversity STEM talent ........... 3,000
development................................
Training and Development...................... 50,952 50,952
Retention and Recognition..................... 1,395 1,395
UNDIST--Program increase--Defense Civilian 0 50,000
Training Corps...............................
UNDIST--Program increase--congressional 0 5,000
mandates.....................................
-------------------------
Total, DOD Acquisition Workforce 53,791 111,791
Development Account......................
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE REPORTING REQUIREMENTS
The Under Secretary of Defense for Acquisition and
Sustainment is directed to provide the Department of Defense
Acquisition Workforce Development Account annual report to the
congressional defense committees not later than 30 days after
submission of the fiscal year 2024 President's budget request.
Further, as in previous years, the Under Secretary of Defense
for Acquisition and Sustainment is directed to provide the
congressional defense committees, with the fiscal year 2024
President's budget request, additional details regarding total
funding for the acquisition workforce by funding category and
specific appropriations accounts in the future years defense
program, to include an explanation of changes from prior years'
submissions.
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT
REPROGRAMMING REQUIREMENTS
The Secretary of Defense is directed to follow
reprogramming guidance for the Department of Defense
Acquisition Workforce Development Account (DAWDA) consistent
with reprogramming guidance for acquisition accounts detailed
elsewhere in this joint explanatory statement. The dollar
threshold for reprogramming DAWDA funds remains $10,000,000.
TITLE III--PROCUREMENT
The agreement provides $162,241,330,000 in Title III,
Procurement, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables. Additional guidance is provided in the overview of this
explanatory statement.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
joint explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount, as specifically addressed elsewhere in
the joint explanatory statement.
ARMY ORGANIC INDUSTRIAL BASE
The Secretary of the Army is directed to provide 45-day
written notification to the congressional defense committees
prior to approving civilian reductions in force that will
result in an employment loss of 50 or more full-time employees
at any Army organic industrial base facility. The notification
shall include the impact that the proposed reduction in force
will have on the ability to maintain the organic industrial
base critical manufacturing capabilities as delineated in the
Army Organic Industrial Base Strategy Report, a detailed
accounting of the costs of implementing the reduction in force,
and an assessment of the cost of, and time necessary, for
restoration of any lost capability to meet future organic
wartime manufacturing needs.
AIRCRAFT PROCUREMENT, ARMY
The agreement provides $3,847,834,000 for Aircraft
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
MISSILE PROCUREMENT, ARMY
The agreement provides $3,848,853,000 for Missile
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
The agreement provides $4,505,157,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, ARMY
The agreement provides $2,770,120,000 for Procurement of
Ammunition, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ARMY AMMUNITION PLANT MODERNIZATION
The agreement recommends an additional $200,000,000 to
accelerate Army Ammunition Plant modernization programs in
fiscal year 2023. The agreement further directs that none of
these funds may be obligated or expended until 30 days after
the Secretary of the Army provides a detailed spend plan to the
congressional defense committees detailing planned obligations
by project, to include any changes from prior year spend plans.
Further, with submission of the fiscal year 2024 President's
budget request, the Secretary of the Army is directed to submit
an updated Army Ammunition Plant Modernization Plan that
clearly identifies modernization requirements that are funded
in the fiscal year 2024 budget request, requirements planned
for inclusion in the future years defense program, and
requirements that remain unfunded.
OTHER PROCUREMENT, ARMY
The agreement provides $8,668,148,000 for Other
Procurement, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, NAVY
The agreement provides $19,031,864,000 for Aircraft
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
WEAPONS PROCUREMENT, NAVY
The agreement provides $4,823,113,000 for Weapons
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
The agreement provides $920,884,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SHIPBUILDING AND CONVERSION, NAVY
The agreement provides $31,955,124,000 for Shipbuilding and
Conversion, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SUBMARINE CONSTRUCTION PERFORMANCE
The agreement fully supports the fiscal year 2023
President's budget request for the Columbia class submarines
(CLB) and the Virginia class submarines (VCS), but notes
continued concern over both the VCS construction cost and
schedule performance and CLB schedule variances. The agreement
further notes that for the first time since fiscal year 2010,
the budget request includes funds for cost overruns for VCS
program construction-related performance overruns. Therefore,
to ensure transparency of future cost and schedule estimates,
the Secretary of the Navy is directed to submit to the
congressional defense committees the most current cost and
schedule estimates, by submarine, with the submission of future
President's budget requests. The report shall also include
detailed explanations for all submarines not fully resourced to
the Navy's cost estimate and all projected cost-to-complete
requirements for previously authorized and appropriated
submarines.
SUBMARINE INDUSTRIAL BASE
The agreement provides $541,000,000 in Columbia class
submarine and $207,000,000 in the Industrial Base Analysis and
Sustainment (IBAS) program to strengthen the submarine
industrial base (SIB) to fund supplier development, shipyard
infrastructure, strategic outsourcing, workforce development,
and technology opportunities. The Secretary of the Navy is
directed to submit a report to the congressional defense
committees not later than 60 days after the enactment of this
Act detailing how SIB and IBAS funding will be allocated to
industry partners, state and local entities, and other
partners, and clearly articulate how these investments will
enable serial submarine production.
DOMESTIC SOURCE CONTENT FOR NAVY SHIPBUILDING
The Secretary of the Navy is directed to submit to the
congressional defense committees a report assessing the
domestic source content of any procurements carried out as part
of a Navy shipbuilding program, identifying critical components
that are available from only one or a few suppliers in the
United States, and providing recommendations to expand
productive capacity in the United States with the submission of
the fiscal year 2024 President's budget request. Additionally,
the Secretary shall establish an information repository for the
collection of supplier information that can be used for
continuous data analysis and program management activities.
OTHER PROCUREMENT, NAVY
The agreement provides $12,138,590,000 for Other
Procurement, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DDG 51 LIGHTWEIGHT ADVANCED DEGAUSSING MINE PROTECTION SYSTEM
The agreement recognizes section 124 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) and urges the Secretary of the Navy to keep the
congressional defense committees apprised of plans to meet this
requirement.
PROCUREMENT, MARINE CORPS
The agreement provides $3,669,510,000 for Procurement,
Marine Corps, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
AIRCRAFT PROCUREMENT, AIR FORCE
The agreement provides $22,196,175,000 for Aircraft
Procurement, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
F-15EX
The agreement includes $2,317,368,000 for 24 F-15EX
aircraft, a reduction of $104,980,000 and the same number of
aircraft included in the request. The agreement directs the
Secretary of the Air Force to procure the full number of
aircraft appropriated by the agreement and to apply the funding
reduction to initial spares and other support costs as
indicated by the table titled ``Explanation of Project Level
Adjustments'' included under this account heading. The
agreement is based on the understanding that the Air Force will
not award the production of these aircraft through an
undefinitized contractual action as has been the practice for
prior lots of aircraft. This language replaces the language
under this heading in House Report 117-388.
POLAR TACTICAL AIRLIFT
The Air National Guard currently maintains and operates a
fleet of LC-130H aircraft that provide assured access to the
polar regions in support of Presidential Decision Memorandum
6646 and the United States Northern Command's (USNORTHCOM)
mission requirements. The agreement notes that these aircraft
possess approximately 15 years of service life and are being
upgraded with advanced avionics and propulsion. Given the ever-
increasing importance of the polar regions in our National
Defense Strategy, and our adversaries' excursion into those
regions, the Congress believes that this vital capability must
be maintained, modernized, and eventually replaced in an
appropriate and timely fashion.
The agreement therefore directs the Secretary of the Air
Force to begin the requirements definition process for the
follow-on aircraft to fulfill the polar tactical airlift
mission set and provides an additional $1,000,000 in Operation
and Maintenance, Air Force to conduct the studies and analyses
to inform those requirements. The agreement further directs the
Secretary of the Air Force, in coordination with the Commander,
USNORTHCOM and Director, Air National Guard, to submit to the
congressional defense committees, not later than 120 days
following the enactment of this Act, an initial cost estimate
and capabilities review of C-130J aircraft and the associated
modifications to fulfill the polar tactical airlift mission
set.
CLASSIC ASSOCIATIONS
The agreement notes that pending the resolution and passage
of the National Defense Authorization Act for Fiscal Year 2023,
the Secretary of the Air Force may develop a plan to transfer
KC-135 aircraft to air refueling wings of the Air National
Guard that are operating as classic associations with active
duty units of the Air Force. The agreement therefore directs
the Secretary of the Air Force to provide a copy of the plan
and the associated implementation costs by appropriation and
budget line item across the future years defense program to the
House and Senate Appropriations Committees.
TRUNCATION OF EXISTING PRODUCTION PROGRAMS
The fiscal year 2023 President's budget request includes
ten Combat Rescue Helicopters (CRH), which is less than the 20
CRH previously planned. The agreement therefore recommends an
additional $570,000,000 for ten additional CRH and associated
spares. It is concerning that in the fiscal year 2023
President's budget submission both the F-15EX and CRH programs
have been truncated across the future years defense program
(FYDP) well below their stated acquisition objectives. The
revised strategy sees the F-15EX planned procurement objective
reduced from 144 to 80 aircraft and the CRH procurement
objective reduced from 113 to 75 aircraft. Both programs are in
the relatively early stages of production and provide modern
capabilities, but the new strategy ends CRH production after
this fiscal year and F-15EX production after fiscal year 2024.
While trade-offs occur to support force readiness and
modernization, truncating programs that only recently
transitioned into production and were hailed as supporting
critical Air Force missions, such as personnel recovery and
future tactical air, calls into question the strategic
underpinning of these and other acquisition decisions. The
reduction in the F-15EX program, for example, leaves in doubt
the status and future of F-15C/D units, several of which are
housed in the Air National Guard. The agreement therefore
directs the Secretary of the Air Force to submit a report to
the congressional defense committees, concurrent with
submission of the fiscal year 2024 President's budget request,
that provides a list of all aircraft procurement programs that
are being truncated across the FYDP, to include F-15EX and CRH.
The report shall include an assessment of the operational
impacts of the decision, strategic basing impacts, cost
avoidance by fiscal year, quantity change, and the rationale
for truncation.
F-15EX CONFORMAL FUEL TANKS
Conformal fuel tanks (CFT) have the capacity to extend the
range and increase the lethality of F-15EX aircraft. The
Secretary of the Air Force is directed to submit a report to
the congressional defense committees not later than 90 days
after the enactment of this Act on the Air Force's plans to
equip F-15EX aircraft with CFT, including the potential
procurement of new CFT that are in production.
MISSILE PROCUREMENT, AIR FORCE
The agreement provides $2,999,346,000 for Missile
Procurement, Air Force, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
PROCUREMENT OF AMMUNITION, AIR FORCE
The agreement provides $857,722,000 for Procurement of
Ammunition, Air Force, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
OTHER PROCUREMENT, AIR FORCE
The agreement provides $28,034,122,000 for Other
Procurement, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
BUDGET EXHIBITS
The Assistant Secretary of the Air Force (Financial
Management and Comptroller) is directed to provide the P-5, P-
5a, P-21, and P-40 budget exhibits for unclassified programs in
budget activities three and four, including such information
for fiscal years 2022 and 2023, with the fiscal year 2024
President's budget request.
PROCUREMENT, SPACE FORCE
The agreement provides $4,462,188,000 for Procurement,
Space Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
NATIONAL SECURITY SPACE LAUNCH
The agreement directs the Secretary of Defense and the
Director of National Intelligence to utilize the Space Force
launch enterprise phase 2 contract for National Security Space
Launch class missions unless they certify to the congressional
defense and intelligence committees that commercial launch or
delivery on orbit procurement for a designated mission is in
the national security interest of the government and outline
the rationale for such a determination.
PROTECTED WIDEBAND SATELLITE
The agreement includes $442,000,000 to procure a protected
wideband satellite to provide resilient, jam resistant tactical
communications to support warfighter needs. The agreement
directs the Secretary of the Air Force to provide a funding
plan for launch and operation and maintenance activities to the
congressional defense committees not later than 90 days after
the enactment of this Act.
PROCUREMENT, DEFENSE-WIDE
The agreement provides $6,139,674,000 for Procurement,
Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DEFENSE PRODUCTION ACT PURCHASES
The agreement provides $372,906,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(in thousands of dollars)
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES........ 659,906 372,906
Undistributed reduction............... .............. -350,000
Program increase--critical minerals .............. 10,000
recycling............................
Program increase--domestic aluminum .............. 23,000
casting..............................
Program increase--heavy forging .............. 15,000
capacity improvement program.........
Program increase--graphite, colbalt, .............. 15,000
and platinum mining feasibility
studies..............................
Total Defense Production Act 659,906 372,906
Purchases..........................
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement provides $1,000,000,000 for National Guard
and Reserve Equipment, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
ARMY NATIONAL GUARD..................... 0 335,000
Program increase--miscellaneous 0 335,000
equipment............................
AIR NATIONAL GUARD...................... 0 305,000
Program increase--miscellaneous .............. 305,000
equipment............................
ARMY RESERVE............................ 0 137,000
Program increase--miscellaneous 0 137,000
equipment............................
NAVY RESERVE............................ 0 55,000
Program increase--miscellaneous 0 55,000
equipment............................
MARINE CORPS RESERVE.................... 0 18,000
Program increase--miscellaneous 0 18,000
equipment............................
AIR FORCE RESERVE....................... 0 150,000
Program increase--miscellaneous 0 150,000
equipment............................
Total, National Guard and Reserve 0 1,000,000
Equipment..........................
------------------------------------------------------------------------
NATIONAL GUARD AND RESERVE EQUIPMENT
The agreement includes an appropriation of $1,000,000,000.
Of that amount, $335,000,000 is for the Army National Guard;
$305,000,000 is for the Air National Guard; $137,000,000 is for
the Army Reserve; $55,000,000 is for the Navy Reserve;
$18,000,000 is for the Marine Corps Reserve; and $150,000,000
is for the Air Force Reserve to meet urgent equipment needs in
the coming fiscal year. The agreement includes direction for
the component commanders of the Army Reserve, Marine Forces
Reserve, Air Force Reserve, Army National Guard, and Air
National Guard to submit to the congressional defense
committees a detailed assessment of their component's
modernization priorities, not later than 30 days after the
enactment of this Act.
The Secretary of Defense is directed to ensure that the
National Guard and Reserve Equipment Account is executed by the
Chiefs of the National Guard and reserve components with
priority consideration given to the following items: acoustic
hailing devices; airfield lighting system; aviation status
dashboard; containerized ice making systems; crash-worthy
ballistically tolerant auxiliary fuel systems; degraded visual
environment systems; gamma radiation protection; integration of
aluminum mesh secondary combustion ignition prevention
technology for combat and logistics vehicle fuel tanks; KC-135
Aircraft Emergency Response Refuel Equipment Kit to enable
forward area refueling/defueling systems; land surveying
systems; lightweight, rapidly deployable, computer-based
artillery call for fire training and simulation; modular small
arms ranges and small arms training simulators and tools; pilot
physiological monitoring systems; radiological screening
portals; small unmanned aerial systems and tethered drones;
software defined radios; special tactics squadrons and joint
terminal attack controllers tethered drone; tactical rinse
systems; UH-72A/B security and support mission equipment
modernization; upgraded commercial-off-the-shelf ground mapping
for C-130 aircraft; and vehicle-mounted and man-portable
radiological nuclear detection systems.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $139,760,526,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to follow
the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall be $10,000,000 for procurement and research,
development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the Base for Reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables. Additional guidance is provided in the overview of this
explanatory statement.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been recommended or
items for which funding is specifically reduced as shown in the
project level tables detailing recommended adjustments or in
paragraphs using the phrase ``only for'' or ``only to'' in the
joint explanatory statement are congressional special interest
items for the purpose of the Base for Reprogramming (DD Form
1414). Each of these items must be carried on the DD Form 1414
at the stated amount, as specifically addressed elsewhere in
the joint explanatory statement.
OTHER TRANSACTION AGREEMENTS
Pursuant to section 873 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), as amended by section 819 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) and
the Joint Explanatory Statement accompanying the Department of
Defense and Labor, Health and Human Services, and Education
Appropriations Act for 2019 (Public Law 115-245), the
Department of Defense is required to meet annual and quarterly
reporting requirements on the use of Other Transaction
Authority (OTA). The agreement notes the continued importance
of this reporting requirement, particularly given the lack of
fidelity within the Department on execution of OTAs and the
wide discrepancy in utilization rates. This continues to raise
concerns on the efficacy of existing guidance in normalizing
the use of OTAs going forward.
Therefore, the agreement directs the Under Secretary of
Defense for Acquisition and Sustainment to continue the
previously established reporting requirements. Further, the
agreement directs the Under Secretary of Defense for
Acquisition and Sustainment, not later than 60 days following
the enactment of this Act, to submit a report to the
congressional defense committees on the Department's use of OTA
agreements in fiscal year 2022, to include an analysis of the
relative success rates of follow-on production contracts
initiated after the conclusion of initial OTA agreements in
comparison to lessons learned from conventional Federal
Acquisition Regulation-based acquisitions.
REPORTING ON MID-TIER ACQUISITION AND RAPID PROTOTYPING PROGRAMS
The agreement notes support for efforts to deliver
capability to the warfighter at an accelerated pace, such as
through use of acquisition authorities and contracting
strategies provided in National Defense Authorization Acts for
the rapid development, rapid prototyping, rapid acquisition,
accelerated acquisition, and middle-tier acquisition (``section
804'') of warfighter capabilities. The agreement notes that the
spectrum of programs using these types of acquisition
authorities ranges from small programs that have already
deployed prototypes, to programs that by virtue of their scope
and cost would otherwise be subject to reporting requirements
and acquisition regulations applicable to traditional major
acquisition category I programs. The agreement notes the
Department of Defense's continued use of such acquisition
authorities, and concern remains over the lack of standard
acquisition information provided for such programs with the
budget request, to include independent cost estimates,
technology and manufacturing readiness assessments, and test
and evaluation master plans. This is of particular concern as
programs increase the use of acquisition strategies that
utilize both rapid prototyping and rapid fielding authorities
sequentially, together resulting in a ten-year acquisition
program, or by purchasing excessive numbers of end-items under
the rapid prototyping authorities for eventual fielding, rather
than only procuring the number of units required for testing.
Further, there is remaining concern that the Services' growing
trend toward procuring de facto operational assets via
prototyping acquisitions may limit the Services' ability to
successfully manage their acquisition programs in the long-term
by eliminating the full understanding of full program costs up-
front; unnecessarily narrowing the industrial base early in the
acquisition process; and eliminating opportunities for future
innovation by reducing competition over the life of the
acquisition. Further, there is concern that budgeting for these
de facto end-items incrementally with research and development
appropriations instead of fully funding them with procurement
appropriations obfuscates costs and limits transparency and
visibility into Services' procurement efforts. Therefore, the
agreement modifies section 8059 of this Act, further defining
instances in which end-item procurement can be conducted with
research and development funding.
The Under Secretaries of Defense for Research and
Engineering and Acquisition and Sustainment, in coordination
with the Service acquisition executives for the Army, Navy, Air
Force, and Space Force, are directed to provide to the
congressional defense committees with submission of the fiscal
year 2024 President's budget request a complete list of
approved acquisition programs, and programs pending approval in
fiscal year 2024, utilizing prototyping or accelerated
acquisition authorities, along with the rationale for each
selected acquisition strategy, as well as a cost estimate and
contracting strategy for each such program. Further, the Under
Secretary of Defense (Comptroller) and the Assistant
Secretaries (Financial Management and Comptroller) for the
Army, Navy, and Air Force, are directed to certify full funding
of the acquisition strategies for each of these programs in the
fiscal year 2024 President's budget request, including their
test strategies; finally, the Director, Operational Test and
Evaluation, is directed to certify to the congressional defense
committees the appropriateness of the Services' planned test
strategies for such programs, to include a risk assessment. To
the extent that the respective Service acquisition executives,
Services' financial manager and comptrollers, and Director,
Operational Test and Evaluation, provided the information
requested above with submission of the fiscal year 2023
President's budget, any variations therefrom should be included
with the fiscal year 2024 submission. In addition, the
Services' financial manager and comptrollers are directed to
identify the full costs for prototyping units by individual
item in the research, development, test and evaluation budget
exhibits for the budget year as well as the future years
defense program.
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
The fiscal year 2023 President's budget request includes
ten new programs for inclusion in the Software and Digital
Technology Pilot Programs funded in Budget Activity Eight (BA
08) within the research, development, test and evaluation
accounts, established in fiscal year 2021. This is an increase
over the five new programs requested, but not approved, in the
fiscal year 2022 budget request.
The agreement again acknowledges the Department's rationale
regarding the incremental technical challenges posed by modern
software development practices, including implementing
technical fixes to existing code, addressing cyber
vulnerabilities, and integrating incrementally developed new
capabilities. However, the Congress maintains its position that
objective quantitative and qualitative evidence is required to
evaluate the ongoing approved pilot programs prior to
considering an expansion of programs funded under BA 08.
Reporting requirements outlined in the Joint Explanatory
Statement accompanying the Department of Defense Appropriations
Act, 2021 (Public Law 116-260) have not been submitted to the
congressional defense committees on a timely basis and have not
yet provided a baseline for analyzing the effectiveness of the
pilot programs compared to traditional appropriation practices.
Reports received to date indicate that the Department is still
implementing methods to capture the appropriate data that would
allow an objective analysis for how a single budget activity
improves the performance of software pilot programs. Therefore,
the agreement recommends maintaining the Software and Digital
Technology Pilot Programs in their current form, as detailed in
title VIII of this Act. The recommendation transfers funds for
programs requested as BA 08 new starts in fiscal year 2023 to
their historical appropriation accounts for execution, as
detailed in the appropriate Explanation of Project Level
Adjustments tables. Further, the agreement encourages the
Secretary of Defense to refrain from submitting additional BA
08 pilot programs in future budget submissions until the
Department has demonstrated its ability to collect quantitative
data on the performance improvements provided by the pilot
program.
As detailed in the reporting requirements outlined in the
Joint Explanatory Statement accompanying the Department of
Defense Appropriations Act, 2021 (Public Law 116-260), and
Department of Defense Appropriations Act, 2022 (Public Law 117-
103), the Secretary of Defense shall submit quarterly reports
to the congressional defense committees detailing the
Department's assessment for each of the programs included in
title VIII. This report shall include, at a minimum,
quantitative and qualitative metrics; an assessment of eight
similar programs, with representations from each service,
funded through traditional appropriation legislation for
comparison; an assessment of each pilot program against their
own historical performance when funded through traditional
appropriation legislation; and an assessment of prior year BA
08 execution by activity compared to planned execution in the
respective budget request.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
The agreement provides $17,150,141,000 for Research,
Development, Test and Evaluation, Army, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SERIAL BUS CYBER VULNERABILITIES
Army weapons platforms require cyber resilience as a key
performance parameter of system survivability especially in
compromised or contested cyber environments. To meet this
requirement, the agreement encourages the Secretary of the Army
to implement technology solutions on existing platforms, such
as Stryker vehicles, as well as new weapons systems, that will
develop, integrate, and demonstrate secure communication
technologies using secure digital bus subsystems while
minimizing performance degradation. These technology solutions
are especially critical to the resiliency and survivability of
weapons platforms that implement common bus dependent
architectures like Modular Open Systems Approach, while
operating in cyber-contested environments. Army labs and
centers within Army Futures Command, Combat Capabilities
Development Command, along with affiliated industry partners,
possess the competencies and infrastructure to enable
maturation and transition of such technologies to weapon system
program managers.
ROBOTIC COMBAT VEHICLE-MEDIUM
The Department of Defense Appropriations Act, 2022 provided
$20,000,000 to procure additional Robotic Combat Vehicle--
Medium (RCV-M) test assets for experimentation by U.S. Army
Forces Command (FORSCOM) via soldier evaluations at the company
level. The agreement recognizes the importance of such
experimentation in shaping future doctrine, concepts of
operation, tactics, techniques, and procedures, and
requirements for follow-on robotic platforms and therefore
directs the Secretary of the Army, through FORSCOM, to utilize
all available RCV-M assets in the aforementioned experiments.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
The agreement provides $26,017,309,000 for Research,
Development, Test and Evaluation, Navy, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ULTRA-LONG ENDURANCE UNMANNED AERIAL SYSTEMS
The agreement notes that the Geographic Combatant Commands
have a requirement for persistent airborne intelligence,
surveillance, and reconnaissance platforms that is not being
fully met by existing unmanned aerial systems (UAS). Therefore,
the Chief of Naval Research is directed to provide a report to
the congressional defense committees, not later than 90 days
following the enactment of this Act, that identifies research
and development activities for ultra-long endurance attritable
group III UAS, along with a resourcing profile associated with
these efforts, and identification of any additional areas in
need of investment.
GUIDANCE AND NAVIGATION SYSTEMS FOR 81MM MORTAR ROUNDS
Recent battlefield lessons underscore the importance of
mobile precision fires on modern battlefields. Over the past
decade, Congress has appropriated significant funds for the
development of guidance systems that can be utilized on
existing munition rounds, to include 81mm mortars, 155mm
howitzers, and Naval 5-inch guns. The agreement notes that
recently, the 81mm mortar precision guidance kit was tested by
the Marine Corps from an unmanned aerial system. Further, the
agreement notes that maturation of the prototype guidance
system to operate in a GPS-denied environment is technically
achievable and feasible. Therefore, the Under Secretary of
Defense (Comptroller) is directed to provide a plan, not later
than 60 days after the enactment of this Act, for technology
maturation and potential fielding of this capability by one or
more of the services.
LARGE DISPLACEMENT UNMANNED UNDERSEA VEHICLE PROGRAM
The agreement notes that the fiscal year 2023 President's
budget request did not include funding for the Snakehead Large
Displacement Unmanned Undersea Vehicle (LDUUV) program and
proposes a divestment from the platform including all planned
procurements in the future years defense program (FYDP)
following the Department's decision to reprogram fiscal year
2022 programmatic funds. The agreement further notes that there
have been significant advancements in commercially available
unmanned undersea vehicle (UUV) technology since the inception
of the Snakehead LDUUV program. The Secretary of the Navy is
encouraged to prioritize advancements in autonomy, endurance,
and multi-mission payload capability now available in the
commercial LDUUV sector.
Consistent with the Navy's goal of delivering these
significant advantages in the undersea domain to the fleet, the
Secretary of the Navy, in consultation with the Chief of Naval
Operations and the Assistant Secretary of the Navy (Research,
Development, and Acquisition), is encouraged to integrate
available commercial LDUUV platforms into the test and
evaluation schedule for UUVs. The Secretary of the Navy is
further encouraged to integrate commercially available UUV
technology into Navy and Marine Corps concept of operations
development and resourcing, procurement, and fielding plans
over the FYDP.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
The agreement provides $44,946,927,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
TRANSFORMATIONAL CAPABILITIES
The agreement transfers the Transformational Technology
Development activities in the Advanced Technology Development
budget activity to the Future AF Integrated Technology Demos
line, program element 0603032F, to provide a more complete
picture of the Vanguard program. The Secretary of the Air Force
is directed to provide detailed justifications of critical
tasks under the Vanguard program with the submission of the
fiscal year 2024 President's budget request.
PROVIDING BUDGETARY FIDELITY IN THE TECH TRANSITION PROGRAM
The Secretary of the Air Force is directed to retain the
program element structure established in the table titled
``explanation of project level adjustments'' included under
this account heading for Tech Transition Program; AFWERX Prime;
Nuclear Command, Control and Communications (NC3); and Rapid
Defense Experimentation Reserve in the fiscal year 2024
President's budget request.
ADVANCED ENGINE DEVELOPMENT
The Secretary of the Air Force is directed to retain
separate program elements for the Adaptive Engine Transition
Program and Next Generation Adaptive Propulsion programs in the
fiscal year 2024 President's budget request.
AFWERX
The agreement supports AFWERX as a novel acquisition
approach to accelerate development of emerging technology and
encourages the Secretary of the Air Force to expand the program
into new focus areas such as supersonic flight.
DEPARTMENT OF DEFENSE PARTNERSHIP INTERMEDIARY
The agreement supports increased use of a Department of
Defense Partnership Intermediary as defined in 15 U.S.C. 3715,
to seek out, assess and engage non-traditional small business
vendors into the Department's development and acquisition
efforts. The effort should engage a Partnership Intermediary
with a successful history of leveraging non-Department of
Defense networks and using innovative means to seek out,
identify, qualify, and help to interest new and non-traditional
small business and manufacturers in sharing their innovations
and doing business with the Department. Expanding the
availability of highly qualified non-traditional manufacturers
within the Department of Defense's support base will save money
for the taxpayer and the Department of Defense, broaden the
national industrial base, and bring improved solutions and
equipment to the warfighter faster.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
The agreement provides $16,631,377,000 for Research,
Development, Test and Evaluation, Space Force, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
SPACE FORCE PROGRAM AFFORDABILITY AND EXECUTABILITY
The agreement notes that the budget projection provided
with the fiscal year 2023 Space Force request is currently
anticipated to remain flat and declining over the next five
years, even though the Space Force is proposing ambitious plans
for new architectures, programs, and mission areas. This
apparent mismatch between program scope and overall budget
resources raises concerns about the degree to which serious
analysis or long-term planning has been done to assess the
realism and affordability of its portfolio of programs.
Therefore, the agreement directs the Secretary of the Air
Force, through the Assistant Secretary of the Air Force for
Space Acquisition and Integration, to provide the House and
Senate Appropriations Committees with a briefing, including
supporting analysis, an assessment of risks, and risk
management plans, not later than February 1, 2023, on the
projected cost, affordability, and executability of the full
portfolio of classified and unclassified programs and
activities funded in the Space Force accounts.
MISSILE WARNING-MISSILE TRACKING LIFE-CYCLE COST
The fiscal year 2023 President's budget request includes
more than $4,500,000,000 for missile warning-related programs
for both legacy missile warning programs and smaller, more
proliferated architectures in medium and low-earth orbit as
part of the Resilient Missile Warning/Missile Tracking program.
While the agreement strongly supports the pivot to a more
proliferated and diverse architecture of smaller satellites,
the Space Force has not provided sufficient information on the
expected life-cycle cost of the new architecture; the cost to
recapitalize a proliferated architecture every three to five
years; potential risks and challenges in the supply chain; the
ability of the Space Force to scale up capabilities to command
and control a much larger number of satellites; and the
applicability and ability to meet stringent requirements for
missile warning certification, cybersecurity, and resilience
against reversible and irreversible kinetic and non-kinetic
attacks. Therefore, the agreement directs the Director, Cost
Assessment and Program Evaluation, to develop a life-cycle cost
estimate for the proposed Resilient Missile Warning/Missile
Tracking initiative and provide a report on the estimate to the
House and Senate Appropriations Committees not later than 180
days after the enactment of this Act.
In addition, the agreement directs the Secretary of the Air
Force, in consultation with the Chief of Space Operations, to
provide a report to the congressional defense committees, not
later than 60 days after the enactment of this Act, that
provides an assessment of each of the missile warning and
missile tracking programs to include a comparison of the cost,
schedule, capabilities, system life-span, and associated risk
of each. The report shall include an integrated master schedule
for all missile warning and missile tracking weapon systems
currently in operation or development. This report shall be
accompanied by a supplementary classified version that captures
all relevant programs capable of providing missile warning
across the Title 10 and Title 50 mission sets. Further, the
agreement directs the Secretary of the Air Force to continue to
provide quarterly briefings on the status of its missile
warning-related program and expand the scope to include both
the OPIR program and the Resilient Missile Warning-Missile
Tracking program as an integrated set of programs.
SPACE FORCE UNIQUE SCIENCE AND TECHNOLOGY
The agreement continues to recognize that science and
technology programs can have shared goals and leverage
advancements in research areas that cut across both the air and
space domains. While there are clear benefits to cross-domain
multi-disciplinary investments, it can result in an increased
level of complexity in allocating resources to the appropriate
Service appropriations accounts for technology discovery and
application efforts early in the research and development (R&D)
phase. The agreement notes that space unique capabilities and
those programs executed out of the Space Vehicles Directorate
at the Air Force Research Lab are more appropriately budgeted
in the Research, Development, Test and Evaluation, Space Force
account. Further, the Department of Defense Appropriations Act,
2022 (Public Law 117-103) directed that the Secretary of the
Air Force provide a comprehensive proposal to the congressional
defense committees to establish an objective, transparent, and
effective means to align the Department of the Air Force's
science and technology resources across the R&D continuum; a
requirement that has not yet been fulfilled. Therefore, the
agreement directs the Secretary of the Air Force, with the
submission of the fiscal year 2024 President's budget request,
to include space unique science and technology programs and
efforts within the Research, Development, Test and Evaluation,
Space Force account and to provide the required proposal in a
timely manner.
TACTICALLY RESPONSIVE SPACE
The agreement continues to support the maturation of a
responsive launch program of record to rapidly place and
reconstitute space assets in support of combatant command
requirements and space enterprise resilience. Therefore, the
agreement recommends an additional $50,000,000 for a tactically
responsive launch capability.
The agreement notes that the Department of Defense
Appropriations Act, 2022 (Public Law 117-103) provided
$50,000,000 for tactically responsive space launch capabilities
and directed that the Secretary of the Air Force to provide the
congressional defense committees with an acquisition strategy
for this capability. Further, section 1609 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) directed the Secretary of the Air Force to establish a
tactically responsive space launch program within the future
years defense program. However, the fiscal year 2023
President's budget request does not include any resources to
establish the program despite a need to counter adversarial
launches of disruptive technologies in a tactically relevant
timeline. Therefore, the agreement directs the Secretary of the
Air Force to submit, with the President's fiscal year 2024
budget request, the resourcing profile across the future years
defense program by program, project, and activity for
tactically responsive space capabilities, to include launch.
CISLUNAR SPACE
The agreement notes that the Department of Defense
Appropriations Act, 2022 (Public Law 117-103) appropriated
$61,000,000 for a cislunar flight experiment and $70,000,000
for nuclear propulsion technologies for cislunar flight.
Developing capabilities and operating within cislunar space is
imperative for the Nation to obtain national security, science
and technology, and economic advantages. Therefore, the
agreement recommends an additional $20,000,000 for cislunar
activities. Further, the agreement strongly supports
operationally relevant capabilities in cislunar space and
encourages the Secretary of the Air Force to increase
investments in this area. Further, the agreement directs the
Secretary of the Air Force, in coordination with the Chief of
Space Operations, to submit a report to the congressional
defense committees, not later than 90 days following the
enactment of this Act, that details the acquisition programs
and systems that are in development for operational use within
the cislunar or lunar space, and any capabilities in
development for the cislunar space domain awareness mission.
The report shall include a list of acquisition milestones and
dates (or program schedule for each of the efforts) as well as
the costs of the effort by appropriation, line item, and
program element across the future years defense program. In
addition, the report shall include a list of unfunded programs
and opportunities for investment.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
The agreement provides $34,565,478,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
RAPID DEFENSE EXPERIMENTATION RESERVE
The fiscal year 2023 President's budget request includes
$358,000,000 for the Rapid Defense Experimentation Reserve Fund
(RDER), an increase of $323,981,000 over fiscal year 2022
enacted funding levels. The request included RDER funding
within Service program elements, aligning resources with the
Service responsible for conducting the experimentation.
The agreement makes modest adjustments to funding levels in
Service RDER program elements and ensures that RDER funding is
delineated in a standalone program element. Moreover, it
provides the Office of the Secretary of Defense with an
appropriate level of funding within Research, Development, Test
and Evaluation, Defense-Wide, to conduct only core program
management and integration activities, and reduces the scope of
RDER efforts within the Office of the Joint Staff funding
element.
Concerns remain with RDER's ability to synchronize
experimentation occurring at Service and Combatant Command-
level events with programmatic acquisition milestones.
Therefore, the agreement directs the Undersecretary of Defense
for Research and Engineering, in coordination with the Service
Secretaries, to provide a schedule and spend plan of RDER
activities to the congressional defense committees not later
than 60 days after the enactment of this Act.
STREAMLINING AND BOLSTERING INNOVATION PROGRAM ELEMENTS
The agreement consolidates existing prototyping program
elements within Research, Development, Test and Evaluation,
Defense-Wide, into one dedicated program element per budget
activity. In Budget Activity 03, the Defense Modernization and
Prototyping Program, the Joint Capability Technology
Demonstration, and certain prototyping activities previously
conducted in the Technology Innovation program element are
combined to create the Defense Innovation Acceleration program
element. In Budget Activity 04, the agreement supports the
continuation of the Rapid Prototyping Program and separates the
Rapid Defense Experimentation Reserve Fund program management
activities into a dedicated program element. Furthermore, the
agreement modifies section 8061 of the bill to normalize
standards across program elements. Not later than 60 days after
the enactment of this Act, the Undersecretary of Defense for
Research and Engineering shall brief the congressional defense
committees on its implementation of these adjustments to the
budget structure.
RADAR TRANSMISSION CAPABILITIES
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
180 days after the enactment of this Act on current and
potential contributions to national security capabilities for
navigation and space situational awareness (SSA) of the ongoing
efforts by the National Science Foundation, its National Radio
Astronomy Observatory, and industry partners to develop the
Next Generation Very Large Array and a new high-power radar
transmitter for the Green Bank Telescope. The report shall
include a review of current SSA capabilities and shortfalls; an
assessment of potential development activities and their
ability to support requirements; and plans, funding, and
timelines for future SSA radar observation capabilities.
OFFICE OF THE INSPECTOR GENERAL AUDITS AND REPORTS
The agreement directs the Office of the Inspector General
to submit a report on covered contractors' compliance with the
prohibition on advertising contained in 10 U.S.C. 3744(a)(8)
and provides no further direction under this heading.
OPERATIONAL TEST AND EVALUATION, DEFENSE
The agreement provides $449,294,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget Request Final Bill
------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION......... 119,529 134,529
Program increase--browser plug-in .............. 5,000
security research....................
Program increase--red team automation. .............. 10,000
LIVE FIRE TESTING....................... 99,947 169,147
Program increase--test capabilities .............. 41,000
acceleration--electromagnetic
spectrum live fire test and..........
Program increase--test capabilities .............. 10,000
acceleration--hypersonics live fire
test and evaluation..................
Program increase--test capabilities .............. 15,000
acceleration--space systems live fire
test and evaluation..................
Program increase--test capabilities .............. 3,200
acceleration--data management tri-
service data repository..............
OPERATIONAL TEST ACTIVITIES AND ANALYSIS 57,718 156,618
Program increase--test capabilities .............. 7,500
acceleration--directed energy
instrumentation......................
Program increase--test capabilities .............. 7,500
acceleration--space systems
operational test and evaluation......
Program increase--test capabilities .............. 25,000
acceleration--next phase of threat
specific and threat capable models...
Program increase--test capabilities .............. 16,400
acceleration--data management tri-
service operational test activities
and analysis.........................
Program increase--test capabilities .............. 17,500
acceleration--AI-reliant cognitive
electronic warfare systems models
development..........................
Program increase--test capabilities .............. 6,000
acceleration--tools and technologies
for artificial intelligence/
autonomous systems evaluation........
Program increase--test capabilities .............. 8,000
acceleration--innovation hub for
software and cyber...................
-------------------------------
Total, Operational Test & 277,194 449,294
Evaluation, Defense................
------------------------------------------------------------------------
CERTIFICATION OF FUNDING FOR TEST INFRASTRUCTURE AND TEST EVENT
RESOURCES
The Department of Defense component and Service acquisition
executives are directed to certify to the Director, Operational
Test and Evaluation (DOT&E), that the Department of Defense and
Services' test infrastructure, assets, and personnel are fully
funded in the budget year and the future years defense program
to support agreed-upon Test and Evaluation Master Plans, Test
and Evaluation Strategies or equivalent documents for programs
on the DOT&E Oversight List, and provide this certification in
the format, defined by the Director, not later than 60 days
prior to the submission of the fiscal year 2024 President's
budget request. The Director, DOT&E is directed to provide an
assessment to the congressional defense committees with
submission of the fiscal year 2024 President's budget request
on whether or not the test infrastructure, assets, and
personnel funding in the budget year and the future years
defense program can adequately support agreed-upon test and
evaluation programs and identify, where applicable, shortfalls
by service and program.
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,654,710,000 in Title V, Revolving
and Management Funds.
DEFENSE WORKING CAPITAL FUNDS
The agreement provides $1,654,710,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
Industrial Operations......................... 28,448 143,448
Program incease--Arsenal Sustainment ........... 115,000
Initiative.................................
Supply Management............................. 1,489 1,489
WORKING CAPITAL FUND, ARMY.................... 29,937 144,937
WORKING CAPITAL FUND, AIR FORCE............... 80,448 80,448
National Defense Stockpile Transaction Fund 253,500 0
funded in Sec 8034...........................
Transfer: National Defense Stockpile ........... -253,500
Transaction fund funded in Sec 8034..........
Defense Logistics Agency--Defense Automation & 2 2
Production Services..........................
Defense Logistics Agency--Energy Management... 8,300 8,300
WORKING CAPITAL FUND, DEFENSE-WIDE............ 261,802 8,302
Commissary Operations......................... 1,211,208 1,421,023
Program increase--Doorstop Deliveries....... ........... 200
Program increase--reduce commissary prices.. ........... 209,615
DEFENSE WORKING CAPITAL FUND, DECA............ 1,211,208 1,421,023
-------------------------
Total, Defense Working Capital Funds...... 1,583,395 1,654,710
------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $41,751,419,000 in Title VI, Other
Department of Defense Programs, as follows:
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
DEFENSE HEALTH PROGRAM
The agreement provides $39,225,101,000 for the Defense
Health Program, as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
The agreement directs that the In-House Care and Private
Sector Care budget sub-activities remain designated as
congressional special interest items. Any transfer of funds
into or out of these sub-activities requires the Secretary of
Defense to follow prior approval reprogramming procedures. The
Secretary of Defense is further directed to provide a report to
the congressional defense committees not later than 30 days
after the enactment of this Act that delineates transfers of
funds and the dates they occurred from the Private Sector Care
budget sub-activity to any other budget sub-activity in fiscal
year 2022.
The Assistant Secretary of Defense for Health Affairs is
directed to provide quarterly reports and briefings to the
congressional defense committees on budget execution data for
all of the Defense Health Program budget activities not later
than 30 days after the end of each fiscal quarter and to
adequately reflect changes to the budget activities requested
by the Services in future budget submissions. These reports
shall also be made available to the Government Accountability
Office.
CARRYOVER
The agreement provides one percent carryover authority for
the Operation and Maintenance account of the Defense Health
Program. The Assistant Secretary of Defense for Health Affairs
is directed to submit a detailed spend plan for any fiscal year
2022 designated carryover funds to the congressional defense
committees not less than 30 days prior to executing the
carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The agreement provides $130,000,000 for the peer-reviewed
cancer research program to research cancers not addressed in
the breast, pancreatic, prostate, ovarian, kidney, lung,
melanoma, and rare cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer; blood cancers; brain cancer;
colorectal cancer; endometrial cancer; esophageal cancer; germ
cell cancers; head and neck cancer; liver cancer; lymphoma;
mesothelioma; metastatic cancers; myeloma; neuroblastoma;
pediatric brain tumors; pediatric, adolescent, and young adult
cancers; sarcoma; stomach cancer; thyroid cancer; and Von
Hippel-Lindau syndrome malignancies (excluding cancers of the
kidney and pancreas).
The peer-reviewed cancer research program shall be used
only for the purposes listed above. The inclusion of the
individual rare cancer research program shall not prohibit the
peer-reviewed cancer research program from funding the above-
mentioned cancers or cancer subtypes that may be rare by
definition. The report directed under this heading in House
Report 117-88 is still required to be provided not later than
12 months after the enactment of this Act.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The agreement provides $370,000,000 for a peer-reviewed
medical research program. The Secretary of Defense, in
conjunction with the Service Surgeons General, is directed to
select medical research projects of clear scientific merit and
direct relevance to military health. Research areas considered
under this funding are restricted to: arthritis, celiac
disease, dystonia, eating disorders, eczema, Ehlers-Danlos
syndrome, neuroinflammatory response to emerging viral
diseases, endometriosis, epidermolysis bullosa, familial
hypercholesterolemia, fibrous dysplasia/McCune-Albright
syndrome, focal segmental glomerulosclerosis, food allergies,
Fragile X, frontotemporal degeneration, Guillain-Barre
syndrome, hemorrhage control, hepatitis B, hereditary ataxia,
hydrocephalus, hypercholesterolemia, inflammatory bowel
diseases, interstitial cystitis, lymphatic disease, lymphedema,
malaria, maternal mental health, mitochondrial disease, myalgic
encephalomyelitis/chronic fatigue syndrome, myotonic dystrophy,
nephrotic syndrome, neuroactive steroids, non-opioid therapy
for pain management, orthopedics, pancreatitis, peripheral
neuropathy, polycystic kidney disease, pressure ulcers,
proteomics, pulmonary fibrosis, respiratory health, rheumatoid
arthritis, scleroderma, sickle-cell disease, sleep disorders
and restriction, suicide prevention, trauma, tuberculosis,
vascular malformations, and Von Hippel-Lindau syndrome benign
manifestations. The additional funding provided under the peer-
reviewed medical research program shall be devoted only to the
purposes listed above.
JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM
The Assistant Secretary of Defense for Health Affairs is
directed to submit a report, not later than 12 months after the
enactment of this Act, to the congressional defense committees
that lists the projects that receive funding under the Joint
Warfighter Medical Research Program. The report shall include
the funding amount awarded to each project, a thorough
description of each project's research, and the benefit the
research will provide to the Department of Defense.
ELECTRONIC HEALTH RECORDS
The agreement directs the Secretary of Defense to provide a
report to the congressional defense committees not later than
90 days after the enactment of this Act on the status of the
installation of all remaining information technology and
related infrastructure required to complete the deployment of
the electronic health record system, including the timeline to
complete installation and costs associated, if the Department
accelerated the deployment timeline. The agreement directs the
Comptroller General to continue quarterly performance reviews
of the deployment of MHS GENESIS with a focus on whether the
program is meeting expected cost, schedule, scope, quality, and
risk mitigation expectations. It is expected that the Program
Executive Officer of Defense Healthcare Management Systems (PEO
DHMS) will facilitate quarterly performance reviews by
providing the Comptroller General with regular and in-depth
access to the program.
The agreement directs the PEO DHMS to provide monthly
reports not later than 15 days after the end of each month to
the congressional defense committees on the status of all open
incident reports, as well as the 46 high priority incident
reports, in order to better track the progress of resolving the
issues identified in the initial deployment of MHS GENESIS. The
PEO DHMS, in conjunction with the Director of the Interagency
Program Office and the Director of the Defense Health Agency,
is directed to provide quarterly reports not later than 30 days
after the end of each fiscal quarter to the congressional
defense committees and the Government Accountability Office on
the cost of the program, including indirect costs being funded
outside of the DHMS Modernization Electronic Health Record
program and schedule of the program, to include milestones,
knowledge points, and acquisition timelines, as well as
quarterly obligation reports.
PEER-REVIEWED TOXIC EXPOSURES RESEARCH PROGRAM
The agreement provides $30,000,000 for the peer-reviewed
toxic exposures research program. The funds provided in this
program are directed to be used to conduct research of clear
scientific merit and direct relevance to neurotoxin exposure;
Gulf War illness and its treatment; airborne hazards and burn
pits; as well as toxic military exposures in general, including
prophylactic medications, pesticides, organophosphates, toxic
industrial chemicals, materials, metals, and minerals. The
agreement directs the Director of Congressionally Directed
Medical Research Programs, to ensure that the program is
conducted using competitive selection and peer-review for the
identification of research with the highest technical merit and
military benefit. Further, the agreement directs that this
program be coordinated with similar activities in the
Department of Veterans Affairs. Collaborations between
researchers at military or veteran institutions and non-
military research institutions are encouraged to leverage the
knowledge, infrastructure, and access to military and veteran
populations. The inclusion of the toxic exposures research
program shall not prohibit research in any other
congressionally directed research program that may be
associated with conditions or health abnormalities which may
have been the result of toxic exposures.
MILITARY TREATMENT FACILITY TRANSITION
The Comptroller General is directed to provide the
congressional defense committees a report not later than 180
days after the enactment of this Act on the status of the
transition of military treatment facilities to the Defense
Health Agency (DHA). The report shall include a review of
functions at facilities that have already transitioned,
including DHA's role or management and the administration
support that the military Services are providing, and a
timeline for that support to cease; cost implications of the
transition, including the Department's plan for maximizing
efficiencies and reducing duplication; the current and planned
DHA staffing model; and how the DHA will ensure that the
Services' Medical requirements are considered and met.
Additionally, the Assistant Secretary of Defense for Health
Affairs, along with the Director of the DHA and Service
Secretaries, is directed to provide a briefing to the
congressional defense committees not later than 60 days after
the enactment of this Act, detailing the method and metrics
used to evaluate medical and health contracts that had been
funded within the Services for fiscal year 2021 and/or fiscal
year 2022 to determine whether such contracts should be
retained.
CHRONIC PAIN MANAGEMENT RESEARCH
The funds provided in the chronic pain management research
program shall be used to conduct research on the effects of
using prescription opioids to manage chronic pain and for
researching alternatives, namely non-opioid or non-addictive
methods to treat and manage chronic pain, with a focus on
issues related to military populations.
NEGATIVE AIR PRESSURE CONTAINMENT SYSTEMS
The Assistant Secretary of Defense for Health Affairs is
directed to explore commercial-off-the-shelf portable and
modular negative air room containment systems to increase
readiness and capacity to respond to pandemics and biological
events at Military Treatment Facilities (MTFs) worldwide, and
is further directed to provide a report to the congressional
defense committees, not later than 180 days after the enactment
of this Act, on the Department's assessment of modular negative
air room containment system requirements in MTFs as well as a
detailed recommendations for the resources and acquisition of
necessary systems.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
The agreement provides $1,059,818,000 for Chemical Agents
and Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 84,612 84,612
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 975,206 975.206
-------------------------
TOTAL, CHEMICAL AGENTS AND MUNITIONS 1,059,818 1,059,818
DESTRUCTION, DEFENSE.....................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The agreement provides $970,764,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
COUNTER-NARCOTICS SUPPORT..................... 619,474 614,510
Program decrease--Project 1387.............. ........... -6,644
Program increase--USNORTHCOM and USSOUTHCOM ........... 1,680
operations.................................
DRUG DEMAND REDUCTION PROGRAM................. 130,060 130,060
NATIONAL GUARD COUNTER-DRUG PROGRAM........... 100,316 200,316
Program increase............................ ........... 100,000
NATIONAL GUARD COUNTER-DRUG SCHOOLS........... 5,878 25,878
Program increase............................ ........... 20,000
-------------------------
Total, Drug Interdiction and Counter-Drug 855,728 970,764
Activities, Defense......................
------------------------------------------------------------------------
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The Secretary of Defense is directed to ensure that
international programs requested and supported by this account
do not duplicate programs funded by the Defense Security
Cooperation Agency in the Operation and Maintenance, Defense-
Wide account. Any congressional notification submitted pursuant
to 10 U.S.C. 284 shall identify any resources within the
Operation and Maintenance, Defense-Wide account that are
allocated for similar or related purposes.
The Secretary of Defense is directed to provide quarterly
reports to the House and Senate Appropriations Committees on
the use and status of funds provided under this heading,
including information for each project as identified in the
Project Definitions (PB 47) budget exhibit of the fiscal year
2023 budget justification materials and other documentation
supporting the fiscal year 2023 budget request. The report
shall be submitted in unclassified form but may be accompanied
by a classified annex.
OFFICE OF THE INSPECTOR GENERAL
The agreement provides $485,359,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
(In thousands of dollars)
------------------------------------------------------------------------
Budget
Request Final Bill
------------------------------------------------------------------------
OPERATION AND MAINTENANCE..................... 474,650 480,650
Program increase............................ ........... 6,000
OPERATION AND MAINTENANCE, CYBER.............. 1,321 1,321
PROCUREMENT................................... 1,524 1,524
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.... 1,864 1,864
-------------------------
Total, Office of the Inspector General.... 479,359 485,359
------------------------------------------------------------------------
QUARTERLY END STRENGTH AND EXECUTION REPORTS
The agreement directs the Department of Defense Inspector
General to provide quarterly reports to the congressional
defense committees on civilian personnel end strength, full-
time equivalents, and budget execution not later than 15 days
after the end of each fiscal quarter. The reports should
contain quarterly civilian personnel end strength and full-time
equivalents (FTE) as well as an estimate of fiscal year end
strength and fiscal year FTE. The reports should also include
quarterly budget execution data along with revised fiscal year
estimated execution data. The Inspector General is directed to
provide realistic end of fiscal year estimates based on
personnel trends to date.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS
The agreement provides $10,377,000 for Support for
International Sporting Competitions.
TITLE VII--RELATED AGENCIES
The agreement provides $1,076,265,000 in Title VII, Related
Agencies, as follows:
[GRAPHIC] [TIFF OMITTED] T9060C.177
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2023.
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
The agreement provides $562,265,000, a decrease of
$72,735,000 below the fiscal year 2023 President's budget
request, for the Intelligence Community Management Account.
TITLE VIII--GENERAL PROVISIONS
Title VIII of the accompanying bill includes 144 general
provisions. A brief description of each provision follows.
Section 8001 provides that no funds made available in this
Act may be used for publicity or propaganda purposes not
authorized by Congress.
Section 8002 provides for conditions and limitations on the
payment of compensation to, or employment of, foreign
nationals.
Section 8003 provides that no funds made available in this
Act may be obligated beyond the end of the fiscal year unless
expressly provided for a greater period of availability
elsewhere in the Act.
Section 8004 limits the obligation of certain funds
provided in this Act during the last two months of the fiscal
year.
Section 8005 provides for the general transfer authority of
funds to other military functions.
Section 8006 provides that the tables titled ``Explanation
of Project Level Adjustments'' in the Committee report and
classified annex shall be carried out in the manner provided by
the tables to the same extent as if the tables were included in
the text of this Act.
Section 8007 provides for the establishment of a baseline
for application of reprogramming and transfer authorities for
the current fiscal year.
Section 8008 provides for limitations on the use of
transfer authority of working capital fund cash balances.
Section 8009 provides that none of the funds appropriated
in this Act may be used to initiate a special access program
without prior notification to the congressional defense
committees.
Section 8010 provides limitations and conditions on the use
of funds made available in this Act to initiate multiyear
procurement contracts.
Section 8011 provides for the use and obligation of funds
for humanitarian and civic assistance costs.
Section 8012 stipulates that civilian personnel of the
Department of Defense may not be managed on the basis of end
strength or be subject to end strength limitations.
Section 8013 prohibits funding from being used to influence
congressional action on any matters pending before the
Congress.
Section 8014 restricts the use of funds to reduce or
prepare to reduce the number of deployed and non-deployed
strategic delivery vehicles and launchers.
Section 8015 provides for the transfer of funds
appropriated in title III of this Act for the Department of
Defense Pilot Mentor-Protege Program.
Section 8016 provides for the Department of Defense to
purchase anchor and mooring chains manufactured only in the
United States.
Section 8017 prohibits funds made available in this Act for
the support of any non-appropriated activity of the Department
of Defense that procures malt beverages and wine except under
certain conditions.
Section 8018 prohibits funds made available to the
Department of Defense from being used to demilitarize or
dispose of certain surplus firearms and small arms ammunition
or ammunition components.
Section 8019 provides a limitation on funds being used for
the relocation of any Department of Defense entity into or
within the National Capital Region.
Section 8020 provides for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544).
Section 8021 provides for the conveyance, without
consideration, of relocatable housing units that are excess to
the needs of the Air Force.
Section 8022 provides for the availability of funds for the
mitigation of environmental impacts on Indian lands resulting
from Department of Defense activities.
Section 8023 provides that no funding for the Defense Media
Activity may be used for national or international political or
psychological activities.
Section 8024 provides funding in the Army's Working Capital
Fund to maintain competitive rates at the arsenals.
Section 8025 provides funding for the Civil Air Patrol
Corporation.
Section 8026 prohibits funding from being used to establish
new Department of Defense Federally Funded Research and
Development Centers (FFRDCs), with certain limitations, and
increases funding provided for FFRDCs. The agreement includes
$2.788 billion for the funding of FFRDCs. This funding level is
based on the Administration's revised request of $2.918
billion.
Section 8027 defines the congressional defense committees
as the Armed Services Committees of the House and Senate and
the Subcommittees on Defense of the House and Senate
Appropriations Committees.
Section 8028 defines the congressional intelligence
committees as being the Permanent Select Committee on
Intelligence of the House, the Select Committee on Intelligence
of the Senate, and the Subcommittees on Defense of the House
and Senate Appropriations Committees.
Section 8029 provides for competitions between private
firms and Department of Defense depot maintenance activities.
Section 8030 requires the Department of Defense to comply
with the Buy American Act, chapter 83 of title 41, United
States Code.
Section 8031 provides for the Department of Defense to
procure carbon, alloy, or armor steel plate melted and rolled
only in the United States and Canada.
Section 8032 provides for the revocation of blanket waivers
of the Buy American Act.
Section 8033 prohibits funding from being used for the
procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin.
Section 8034 appropriates funding for the National Defense
Stockpile Transaction Fund.
Section 8035 prohibits funding from being used to purchase
supercomputers which are not manufactured in the United States.
Section 8036 provides for a waiver of ``Buy American''
provisions for certain cooperative programs.
Section 8037 prohibits the use of funds for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 4862(b) of title 10,
United States Code.
Section 8038 provides for the availability of funds
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account.
Section 8039 provides authority to use operation and
maintenance appropriations to purchase items having an
investment item unit cost of not more than $350,000.
Section 8040 provides authority to use operation and
maintenance appropriations for the Asia Pacific Regional
Initiative Program.
Section 8041 prohibits the sale of tobacco products in
military resale outlets below the most competitive price in the
local community.
Section 8042 prohibits the use of Working Capital Funds to
purchase specified investment items.
Section 8043 provides that none of the funds appropriated
for the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year except for funds
appropriated for the Reserve for Contingencies, the Working
Capital Fund, or other programs as specified.
Section 8044 provides funding for Sexual Assault Prevention
and Response Programs.
Section 8045 places certain limitations on the use of funds
made available in this Act to establish field operating
agencies.
Section 8046 places restrictions on converting to
contractor performance an activity or function of the
Department of Defense unless it meets certain guidelines
provided.
(RESCISSIONS)
Section 8047 provides for a total of $1,083,849,000 in
rescissions as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
2021 Appropriations:
Aircraft Procurement, Army:
ARL SEMA MODS...................................... $7,300,000
Other Procurement, Army:
Joint Information Environment...................... 3,177,000
Aircraft Procurement, Air Force:
H-60............................................... 8,458,000
KC-46A MDAP........................................ 63,057,000
Combat Rescue Helicopter........................... 44,289,000
2022 Appropriations:
Operation and Maintenance, Defense-Wide:
DSCA Security Cooperation.......................... 30,000,000
DSCA Coalition Support Funds....................... 25,000,000
DSCA Border Security............................... 50,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund.................. 65,000,000
Aircraft Procurement, Army:
ARL SEMA MODS...................................... 9,437,000
Other Procurement, Army:
Joint Effects Targeting System..................... 51,896,000
Contract Writing System............................ 12,671,000
Building, Pre-Fab, Relocatable..................... 6,977,000
Shipbuilding and Conversion, Navy:
CVN Refueling Overhauls (AP)....................... 191,000,000
Service Craft...................................... 6,092,000
Aircraft Procurement, Air Force:
E-3................................................ 30,000,000
H-60............................................... 2,000,000
KC-46A MDAP........................................ 31,514,000
Combat Rescue Helicopter........................... 32,144,000
B-52 TDL........................................... 14,200,000
Compass Call....................................... 23,693,000
E-8................................................ 6,600,000
MQ-9 Mods.......................................... 65,417,000
Other Procurement, Air Force:
Classified Adjustment.............................. 9,100,000
Procurement, Space Force:
National Security Space Launch..................... 7,000,000
Research, Development, Test and Evaluation, Army:
Information Technology Development................. 26,700,000
Research, Development, Test and Evaluation, Air
Force:
Advanced Technology and Sensors (C-ABSAA).......... 3,327,000
AWACS.............................................. 20,000,000
HC/MC-130 Recap.................................... 30,000,000
HH-60W Combat Rescue Helicopter.................... 14,400,000
Stand-in Attack Weapon............................. 50,000,000
Research, Development, Test and Evaluation, Space
Force:
EO/IR Weather Systems.............................. 35,400,000
GPS III Follow-On.................................. 38,000,000
Next-Generation OPIR............................... 40,000,000
No-Year Appropriations:
Defense Working Capital Funds:
Defense Counterintelligence and Security Agency $30,000,000
Working Capital Fund..............................
------------------------------------------------------------------------
Section 8048 prohibits funds made available in this Act
from being used to reduce authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve, and Air Force Reserve unless such
reductions are a direct result of a reduction in military force
structure.
Section 8049 prohibits funding from being obligated or
expended for assistance to the Democratic People's Republic of
Korea unless specifically appropriated for that purpose.
Section 8050 provides for reimbursement to the National
Guard and reserve when members of the National Guard and
reserve provide intelligence or counterintelligence support to
the combatant commands, defense agencies, and joint
intelligence activities.
Section 8051 prohibits the transfer of Department of
Defense and Central Intelligence Agency drug interdiction and
counter-drug activities funds to other agencies.
Section 8052 provides funding for Red Cross and United
Services Organization grants.
Section 8053 provides funds for the Small Business
Innovation Research program and the Small Business Technology
Transfer program.
Section 8054 prohibits funding from being used for
contractor bonuses being paid due to business restructuring.
Section 8055 provides transfer authority for the pay of
military personnel in connection with support and services for
eligible organizations and activities outside the Department of
Defense.
Section 8056 provides for the Department of Defense to
dispose of negative unliquidated or unexpended balances for
expired or closed accounts.
Section 8057 provides conditions for the use of equipment
of the National Guard Distance Learning Project on a space-
available, reimbursable basis.
Section 8058 limits funds for the retirement of C-40
aircraft.
Section 8059 provides for the limitation on the use of
funds appropriated in title IV to procure end-items for
delivery to military forces for operational training,
operational use or inventory requirements.
Section 8060 prohibits funding in this Act from being used
for repairs or maintenance to military family housing units.
Section 8061 provides obligation authority for new starts
for advanced concept technology demonstration projects only
after notification to the congressional defense committees.
Section 8062 provides that the Secretary of Defense shall
provide a classified quarterly report on certain matters as
directed in the classified annex accompanying this Act.
Section 8063 provides for the use of National Guard
personnel to support ground-based elements of the National
Ballistic Missile Defense System.
Section 8064 prohibits the use of funds made available in
this Act to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and is designated as ``armor piercing'' except for
demilitarization purposes.
Section 8065 provides for a waiver by the Chief of the
National Guard Bureau or his designee for all or part of
consideration in cases of personal property leases of less than
one year.
Section 8066 provides for the transfer of funds made
available in this Act under Operation and Maintenance, Army to
other activities of the federal government for classified
purposes.
Section 8067 prohibits funding to separate, or to
consolidate from within, the National Intelligence Program
budget from the Department of Defense budget.
Section 8068 provides funding to expand cooperation or
improve the capabilities of allies and partners in the United
States Africa Command and the United States Southern Command
areas of responsibilities.
Section 8069 provides the authority to transfer funding
from operation and maintenance accounts for the Army, Navy, and
Air Force to the central fund for Fisher Houses and Suites.
Section 8070 provides for the transfer of funds made
available in this Act under Operation and Maintenance, Navy to
the John C. Stennis Center for Public Service Development Trust
Fund.
Section 8071 prohibits the modification of command and
control relationships to give Fleet Forces Command operational
and administrative control of United States Navy forces
assigned to the Pacific fleet.
Section 8072 requires notification for the rapid
acquisition and deployment of supplies and associated support
services.
Section 8073 provides funding and transfer authority for
the Israeli Cooperative Programs.
Section 8074 provides for the funding of prior year
shipbuilding cost increases.
Section 8075 provides that funds made available in this Act
for intelligence and intelligence-related activities not
otherwise authorized by the Intelligence Authorization Act for
the current fiscal year are deemed to be specifically
authorized by Congress for purposes of section 504 of the
National Security Act of 1947.
Section 8076 prohibits funding from being used to initiate
a new start program without prior written notification.
Section 8077 provides grant authority for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Section 8078 prohibits funding from being used for the
research, development, test, evaluation, procurement, or
deployment of nuclear armed interceptors of a missile defense
system.
Section 8079 prohibits funds for the decommissioning of
certain ships.
Section 8080 prohibits funding from being used to reduce or
disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve.
Section 8081 prohibits funding from being used for the
integration of foreign intelligence information unless the
information has been lawfully collected and processed during
conduct of authorized foreign intelligence activities.
Section 8082 prohibits funding from being used to transfer
program authority relating to current tactical unmanned aerial
vehicles from the Army and requires the Army to retain
responsibility for and operational control of the MQ-1C
Unmanned Aerial Vehicle.
Section 8083 limits the availability of funding provided
for the Office of the Director of National Intelligence beyond
the current fiscal year, except for funds appropriated for
research and technology, which shall remain available for the
current and the following fiscal years.
Section 8084 provides limitations on the Shipbuilding and
Conversion, Navy appropriation.
Section 8085 provides for the establishment of a baseline
for application of reprogramming and transfer authorities for
the Office of the Director of National Intelligence for the
current fiscal year.
Section 8086 places limitations on the reprogramming of
funds from the Department of Defense Acquisition Workforce
Development Account.
Section 8087 provides for limitations on funding provided
for the National Intelligence Program to be available for
obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)).
Section 8088 provides that any agency receiving funds made
available in this Act shall post on a public website any report
required to be submitted to Congress with certain exceptions.
Section 8089 prohibits the use of funds for federal
contracts in excess of $1,000,000 unless the contractor meets
certain conditions.
Section 8090 provides funds for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund.
Section 8091 prohibits the use of funds providing certain
missile defense information to certain entities.
Section 8092 provides for the purchase of heavy and light
armored vehicles for the physical security of personnel or for
force protection purposes up to a limit of $450,000 per
vehicle.
Section 8093 provides the Director of National Intelligence
with general transfer authority with certain limitations.
Section 8094 authorizes the use of funds in the
Shipbuilding and Conversion, Navy account to purchase two used
auxiliary vessels for the National Defense Reserve Fleet.
Section 8095 directs the Secretary of Defense to post grant
awards on a public Web site in a searchable format.
Section 8096 prohibits the use of funds by the National
Security Agency targeting United States persons under
authorities granted in the Foreign Intelligence Surveillance
Act.
Section 8097 places restrictions on transfer amounts
available to pay salaries for non-Department of Defense
personnel.
Section 8098 provides that operation and maintenance funds
may be used for any purposes related to the National Defense
Reserve Fleet.
Section 8099 prohibits the use of funds for gaming or
entertainment that involves nude entertainers.
Section 8100 prohibits the use of funds to award a new TAO
Fleet Oiler or FFG Frigate program contract for the acquisition
of certain components unless those components are manufactured
in the United States.
Section 8101 prohibits funds for the development and design
of certain future naval ships unless any contract specifies
that all hull, mechanical, and electrical components are
manufactured in the United States.
Section 8102 prohibits certain transfers from the
Department of Defense Acquisition Workforce Development
Account.
Section 8103 provides for the procurement of certain
vehicles in the United States Central Command area.
Section 8104 prohibits the use of funding for information
technology systems that do not have pornographic content
filters.
Section 8105 places restrictions on the use of funding for
military parades.
Section 8106 prohibits funds in the Act from being used to
enter into a contract or provide a loan to any corporation that
has any unpaid Federal tax liability.
Section 8107 provides funds for agile development, test and
evaluation, procurement, production and modification, and the
operation and maintenance for certain software pilot programs.
Section 8108 makes funds available through the Office of
Local Defense Community Cooperation for transfer to the
Secretary of Education, to make grants to construct, renovate,
repair, or expand elementary and secondary public schools on
military installations.
Section 8109 prohibits the use of funding in contravention
of the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
Section 8110 provides security assistance for Ukraine.
Section 8111 provides for the obligation of funds in
anticipation of receipt of contributions from the Government of
Kuwait.
Section 8112 provides funding for International Security
Cooperation Programs.
Section 8113 provides funding to reimburse certain
countries for border security.
Section 8114 prohibits funding from being used in
contravention of the War Powers Resolution.
Section 8115 prohibits funding from being used in violation
of the Child Soldiers Prevention Act of 2008.
Section 8116 prohibits funds for any member of the Taliban.
Section 8117 provides that certain support to friendly
foreign countries be made in accordance with section 8005 of
this Act.
Section 8118 prohibits funds from being used to enter into
a contract with Rosoboronexport.
Section 8119 provides funding and the authority to address
the issues at Red Hill Bulk Fuel Storage Facility.
Section 8120 authorizes the Secretary of Defense to
transfer funds for the Bien Hoa dioxin cleanup in Vietnam.
Section 8121 provides additional appropriations to reflect
revised economic assumptions.
Section 8122 reflects savings due to favorable foreign
exchange rates.
Section 8123 allows for the transfer of equipment to those
authorized to receive assistance under the Counter-ISIS Train
and Equip Fund.
Section 8124 provides funding to reimburse key cooperating
nations for logistical, military, and other support.
Section 8125 provides guidance on the implementation of the
Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured Active Duty Service Members.
Section 8126 prohibits funds from being used to transfer
the National Reconnaissance Office to the Space Force.
Section 8127 provides the authority for the Edward M.
Kennedy Institute for the Senate to use certain funds for
facility operations and maintenance, and program activities.
Section 8128 requires notification of the receipt of
contributions from foreign governments.
Section 8129 requires the Chairman of the Joint Chiefs to
report on any unplanned activity or exercise.
Section 8130 requires notification if a foreign base is
opened or closed.
Section 8131 prohibits the use of funds with respect to
Iraq in contravention of the War Powers Resolution.
Section 8132 prohibits the use of funds with respect to
Syria in contravention of the War Powers Resolution.
Section 8133 provides that nothing in this Act may be
construed as authorizing the use of force against Iran or North
Korea.
Section 8134 prohibits the establishment of permanent bases
in Iraq or Afghanistan or United States control over Iraq or
Syria oil resources.
Section 8135 prohibits the use of funding under certain
headings to procure or transfer man-portable air defense
systems.
Section 8136 provides security assistance to the Government
of Jordan.
Section 8137 prohibits the use of funds to be used to
support any activity associated with the Wuhan Institute of
Virology.
Section 8138 prohibits the use of funds to provide arms,
training, or other assistance to the Azov Battalion.
Section 8139 prohibits the use of funds to transfer,
release, or assist in the transfer or release to or within the
United States of certain detainees.
Section 8140 prohibits the use of funds to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin or any other foreign country.
Section 8141 prohibits the use of funds to construct,
acquire, or modify any facility in the United States to house
any individual detained at United States Naval Station
Guantanamo Bay, Cuba.
Section 8142 prohibits the use of funds to carry out the
closure of the United States Naval Station Guantanamo Bay,
Cuba.
Section 8143 prohibits funds for any work to be performed
by EcoHealth Alliance, Inc. in China on research supported by
the Government of the People's Republic of China.
Section 8144 directs the Secretary of Defense to allocate
amounts made available from the Creating Helpful Incentives to
Produce Semiconductors (CHIPS) for America Defense Fund for
fiscal year 2023 as follows:
DEPARTMENT OF DEFENSE ALLOCATION OF FUNDS: CHIPS AND SCIENCE ACT FISCAL
YEAR 2023
------------------------------------------------------------------------
------------------------------------------------------------------------
Research, Development, Test and Evaluation, Defense-
Wide Budget Activity 02, Applied Research:
Microelectronics Commons............................. 65,062,000
Budget Activity 03, Advanced Technology Development:
Microelectronics Commons............................. 269,256,000
Budget Activity 04, Advanced Component Development and
Prototypes:
Microelectronics Commons............................. 65,682,000
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related needs; for surveys
and detailed studies, and plans and specifications of proposed
river and harbor, flood and storm damage reduction, shore
protection, and aquatic ecosystem restoration projects, and
related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and,
when authorized by law, surveys and detailed studies, and plans
and specifications of projects prior to construction,
$172,500,000, to remain available until expended: Provided,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized
by law; for conducting detailed studies, and plans and
specifications, of such projects (including those involving
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,808,800,000, to remain available until expended; of which
$75,518,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of construction costs
for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35
percent of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund, except
as otherwise specifically provided for in law: Provided, That
the Secretary shall not deviate from the work plan, once the
plan has been submitted to the Committees on Appropriations of
both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$370,000,000, to remain available until expended, of which
$15,390,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible operation
and maintenance costs for inland harbors: Provided, That the
Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both
Houses of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects
authorized by law; providing security for infrastructure owned
or operated by the Corps, including administrative buildings
and laboratories; maintaining harbor channels provided by a
State, municipality, or other public agency that serve
essential navigation needs of general commerce, where
authorized by law; surveying and charting northern and
northwestern lakes and connecting waters; clearing and
straightening channels; and removing obstructions to
navigation, $5,078,500,000, to remain available until expended,
of which $2,227,092,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of
eligible operations and maintenance costs for coastal harbors
and channels, and for inland harbors; of which such sums as
become available from the special account for the Corps of
Engineers established by the Land and Water Conservation Fund
Act of 1965 shall be derived from that account for resource
protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which
outdoor recreation is available; of which such sums as become
available from fees collected under section 217 of Public Law
104-303 shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for
which such fees have been collected; and of which $56,000,000,
to be derived from the general fund of the Treasury, shall be
to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c)
and shall be designated as being for such purpose pursuant to
paragraph (2)(B) of section 14003 of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136): Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth quarter
of the fiscal year and shall be available for use by the Chief
of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that
the Chief of Engineers shall allocate during the fourth quarter
any remaining funds which have not been used for emergency
activities proportionally in accordance with the amounts
provided for the programs, projects, or activities: Provided
further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
regulatory program
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $218,000,000,
to remain available until September 30, 2024.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $400,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters as
authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works program,
$215,000,000, to remain available until September 30, 2024, of
which not to exceed $5,000 may be used for official reception
and representation purposes and only during the current fiscal
year: Provided, That no part of any other appropriation
provided in this title shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of
the division offices: Provided further, That any Flood Control
and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations,
repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000,
to remain available until September 30, 2024: Provided, That
not more than 75 percent of such amount may be obligated or
expended until the Assistant Secretary submits to the
Committees on Appropriations of both Houses of Congress the
report required under section 101(d) of this Act and a work
plan that allocates at least 95 percent of the additional
funding provided under each heading in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), to specific programs,
projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and
guaranteed loan programs authorized by the Water Infrastructure
Finance and Innovation Act of 2014, $7,200,000, to remain
available until September 30, 2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that remain
available for obligation or expenditure in fiscal year 2023,
shall be available for obligation or expenditure through a
reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program,
project, or activity for which funds have been denied
or restricted by this Act, unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(4) proposes to use funds directed for a specific
activity for a different purpose, unless prior approval
is received from the Committees on Appropriations of
both Houses of Congress;
(5) augments or reduces existing programs, projects,
or activities in excess of the amounts contained in
paragraphs (6) through (10), unless prior approval is
received from the Committees on Appropriations of both
Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a
limit of $150,000 per project, study or activity is
allowed: Provided, That for a base level less than
$100,000, the reprogramming limit is $25,000: Provided
further, That up to $25,000 may be reprogrammed into
any continuing study or activity that did not receive
an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a
limit of $3,000,000 per project, study or activity is
allowed: Provided, That for a base level less than
$2,000,000, the reprogramming limit is $300,000:
Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be
reprogrammed into any continuing study or activity that
did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited
reprogramming authority is granted for the Corps to be
able to respond to emergencies: Provided, That the
Chief of Engineers shall notify the Committees on
Appropriations of both Houses of Congress of these
emergency actions as soon thereafter as practicable:
Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base
amount up to a limit of $5,000,000 per project, study,
or activity is allowed: Provided further, That for a
base level less than $1,000,000, the reprogramming
limit is $150,000: Provided further, That $150,000 may
be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) Mississippi river and tributaries.--The
reprogramming guidelines in paragraphs (6), (7), and
(8) shall apply to the Investigations, Construction,
and Operation and Maintenance portions of the
Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action
program.--Reprogramming of up to 15 percent of the base
of the receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall
not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year which shall include:
(1) A table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if applicable, and the fiscal year
enacted level;
(2) A delineation in the table for each appropriation
both by object class and program, project and activity
as detailed in the budget appendix for the respective
appropriations; and
(3) An identification of items of special
congressional interest.
Sec. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this
Act and in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
Sec. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds
beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may
include any funds that have been made available through
reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish
and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an
open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner
for the disposal or management of dredged material originating
from Lake Erie or tributaries thereto, unless it is approved
under a State water quality certification pursuant to section
401 of the Federal Water Pollution Control Act (33 U.S.C.
1341): Provided, That until an open lake placement alternative
for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland
placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development
Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers or
the Secretary of the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available until
expended, of which $5,000,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission:
Provided, That of the amount provided under this heading,
$1,600,000 shall be available until September 30, 2024, for
expenses necessary in carrying out related responsibilities of
the Secretary of the Interior: Provided further, That for
fiscal year 2023, of the amount made available to the
Commission under this Act or any other Act, the Commission may
use an amount not to exceed $1,880,000 for administrative
expenses.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities, including
the operation, maintenance, and rehabilitation of reclamation
and other facilities, participation in fulfilling related
Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and
local governments, federally recognized Indian Tribes, and
others, $1,787,151,000, to remain available until expended, of
which $22,165,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $7,584,000 shall be available for
transfer to the Lower Colorado River Basin Development Fund; of
which such amounts as may be necessary may be advanced to the
Colorado River Dam Fund: Provided, That $500,000 shall be
available for transfer into the Aging Infrastructure Account
established by section 9603(d)(1) of the Omnibus Public Land
Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or
decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount
for program activities that can be financed by the Reclamation
Fund, the Water Storage Enhancement Receipts account
established by section 4011(e) of Public Law 114-322, or the
Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced
under 43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That of the
amounts made available under this heading, $10,000,000 shall be
deposited in the San Gabriel Basin Restoration Fund established
by section 110 of title I of division B of appendix D of Public
Law 106-554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which
shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706: Provided further, That within
available funds, $250,000 shall be for grants and financial
assistance for educational activities: Provided further, That
in accordance with section 4007 of Public Law 114-322 and as
recommended by the Secretary in a letter dated November 30,
2022, funding provided for such purpose in fiscal years 2021
and 2022 shall be made available to the Los Vaqueros Reservoir
Expansion Project Phase 2, and the North-of-the-Delta Off
Stream Storage (Sites Reservoir Project): Provided further,
That in accordance with section 4009(a) of Public Law 114-322
and as recommended by the Secretary in a letter dated November
30, 2022, funding provided for such purpose in fiscal year 2022
shall be made available to the El Paso Water Utilities Public
Service Board: Provided further, That in accordance with
section 4009(c) of Public Law 114-322 and as recommended by the
Secretary in a letter dated November 30, 2022, funding provided
for such purpose in fiscal year 2022 shall be made available to
the Eastern Municipal Water District.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, such sums as may be
collected in fiscal year 2023 in the Central Valley Project
Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and
3405(f) of Public Law 102-575, to remain available until
expended: Provided, That the Bureau of Reclamation is directed
to assess and collect the full amount of the additional
mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of
the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the
water is already committed to in-stream purposes by a court
adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which such
amounts as may be necessary to carry out such activities may be
transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal
share of the costs of Calfed Program management: Provided
further, That Calfed implementation shall be carried out in a
balanced manner with clear performance measures demonstrating
concurrent progress in achieving the goals and objectives of
the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the Denver
office, and offices in the six regions of the Bureau of
Reclamation, to remain available until September 30, 2024,
$65,079,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That no
part of any other appropriation in this Act shall be available
for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase and replacement of not to exceed 30
motor vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous or
subsequent appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related Resources
that remain available for obligation or expenditure in fiscal
year 2023, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress;
(4) restarts or resumes any program, project or
activity for which funds are not provided in this Act,
unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(5) transfers funds in excess of the following
limits, unless prior approval is received from the
Committees on Appropriations of both Houses of
Congress:
(A) 15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year;
or
(B) $400,000 for any program, project or
activity for which less than $2,000,000 is
available at the beginning of the fiscal year;
(6) transfers more than $500,000 from either the
Facilities Operation, Maintenance, and Rehabilitation
category or the Resources Management and Development
category to any program, project, or activity in the
other category, unless prior approval is received from
the Committees on Appropriations of both Houses of
Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to
accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer'' means
any movement of funds into or out of a program, project, or
activity.
(d) Except as provided in subsections (a) and (b), the
amounts made available in this title under the heading ``Bureau
of Reclamation--Water and Related Resources'' shall be expended
for the programs, projects, and activities specified in the
``Final Bill'' columns in the ``Water and Related Resources''
table included under the heading ``Title II--Department of the
Interior'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water
quality standards of the State of California as approved by the
Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage
waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and
the costs of the San Joaquin Valley Drainage Program shall be
classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to
the ``Cleanup Program--Alternative Repayment Plan'' and the
``SJVDP--Alternative Repayment Plan'' described in the report
entitled ``Repayment Report, Kesterson Reservoir Cleanup
Program and San Joaquin Valley Drainage Program, February
1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully
reimbursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$750,000,000'' and inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by
section 204 of division D of Public Law 117-103, shall be
applied by substituting ``2023'' for ``2022'' each place it
appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) is amended by striking
``$25,000,000'' and inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) shall be applied by
substituting ``2023'' for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall
be applied by substituting ``2023'' for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by
substituting ``2023'' for ``2022'' and by substituting
``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 529(b)(3) of the Water Resources
Development Act of 2000 (Public Law 106-541) as amended, is
amended by striking ``$30,000,000'' and inserting
``$40,000,000''.
Sec. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any
project recommended after enactment of the Energy and Water
Development and Related Agencies Appropriations Act, 2020 and
prior to enactment of this Act by the Secretary of the Interior
and transmitted to the appropriate committees of Congress
pursuant to section 4007 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) if such
project is not named in this Act, Public Law 116-260, or Public
Law 117-43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $3,460,000,000, to remain available
until expended: Provided, That of such amount, $223,000,000
shall be available until September 30, 2024, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$200,000,000, to remain available until expended: Provided,
That of such amount, $25,143,000 shall be available until
September 30, 2024, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $350,000,000, to remain available until expended:
Provided, That of such amount, $23,000,000 shall be available
until September 30, 2024, for program direction.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,473,000,000, to remain available until expended,
of which $20,000,000 shall be transferred to ``Department of
Energy--Energy Programs--Science'', for hot cells operations
and maintenance: Provided, That of such amount, $85,000,000
shall be available until September 30, 2024, for program
direction: Provided further, That for the purpose of section
954(a)(6) of the Energy Policy Act of 2005, as amended, the
only amount available shall be from the amount specified as
including that purpose in the ``Final Bill'' column in the
``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition of interest, including defeasible and equitable
interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), $890,000,000, to remain
available until expended: Provided, That of such amount
$70,000,000 shall be available until September 30, 2024, for
program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), $221,968,652, to remain available until expended, for
projects specified in the table that appears under the heading
``Community Project Funding and Congressionally Directed
Spending of Energy Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,004,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy and
Conservation Act (42 U.S.C. 6201 et seq.), $207,175,000, to
remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
section 32204 of the Fixing America's Surface Transportation
Act (42 U.S.C. 6241 note), and section 30204 of the Bipartisan
Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain
available until expended: Provided, That of the unobligated
balances from amounts deposited under this heading pursuant to
section 167(b)(3) of the Energy Policy and Conservation Act (42
U.S.C. 6247(b)(3)), $2,052,000,000 is hereby permanently
rescinded not later than September 30, 2023.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $7,000,000, to remain available until
expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$135,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of one passenger
motor vehicle, $358,583,000, to remain available until
expended: Provided, That in addition, fees collected pursuant
to subsection (b)(1) of section 6939f of title 42, United
States Code, and deposited under this heading in fiscal year
2023 pursuant to section 309 of title III of division C of
Public Law 116-94 are appropriated, to remain available until
expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $879,052,000, to
be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $14,800,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, and
purchase of not more than 35 passenger motor vehicles,
including one ambulance, for replacement only, $8,100,000,000,
to remain available until expended: Provided, That of such
amount, $211,211,000 shall be available until September 30,
2024, for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear
Waste Policy Act of 1982, Public Law 97-425, as amended,
$10,205,000, to remain available until expended, which shall be
derived from the Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out
the activities of technology transitions, $22,098,000, to
remain available until expended: Provided, That of such amount,
$13,183,000 shall be available until September 30, 2024, for
program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for clean energy demonstrations in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $89,000,000, to remain available until expended:
Provided, That of such amount, $25,000,000 shall be available
until September 30, 2024, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $470,000,000, to remain
available until expended: Provided, That of such amount,
$37,000,000 shall be available until September 30, 2024, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005
under this heading in prior Acts, shall be collected in
accordance with section 502(7) of the Congressional Budget Act
of 1974: Provided, That for necessary administrative expenses
of the Title 17 Innovative Technology Loan Guarantee Program,
as authorized, $66,206,000 is appropriated, to remain available
until September 30, 2024: Provided further, That up to
$66,206,000 of fees collected in fiscal year 2023 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections under this heading and used
for necessary administrative expenses in this appropriation and
shall remain available until September 30, 2024: Provided
further, That to the extent that fees collected in fiscal year
2023 exceed $66,206,000, those excess amounts shall be credited
as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such
fees are received during fiscal year 2023 (estimated at
$35,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2023 appropriation from the
general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan obligation
to other financing in violation of section 1702 of the Energy
Policy Act of 2005 or subordinate any Guaranteed Obligation to
any loan or other debt obligations in violation of section
609.10 of title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in
the first proviso of section 1425 of the Department of Defense
and Full-Year Continuing Appropriations Act, 2011 (Public Law
112-10) for the cost of loan guarantees under section 1703 of
the Energy Policy Act of 2005, $150,000,000 are hereby
permanently rescinded: Provided, That, subject to section 502
of the Congressional Budget Act of 1974, commitments to
guarantee loans for eligible projects under title XVII of the
Energy Policy Act of 2005, shall not exceed a total principal
amount of $15,000,000,000, to remain available until committed:
Provided further, That the amounts provided under this
paragraph are in addition to those provided in any other Act:
Provided further, That for amounts collected pursuant to
section 1702(b)(2) of the Energy Policy Act of 2005, the source
of such payment received from borrowers may not be a loan or
other debt obligation that is guaranteed by the Federal
Government: Provided further, That none of such loan guarantee
authority made available under this paragraph shall be
available for commitments to guarantee loans for any projects
where funds, personnel, or property (tangible or intangible) of
any Federal agency, instrumentality, personnel, or affiliated
entity are expected be used (directly or indirectly) through
acquisitions, contracts, demonstrations, exchanges, grants,
incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or to
obtain goods or services from the project: Provided further,
That the preceding proviso shall not be interpreted as
precluding the use of the loan guarantee authority provided
under this paragraph for commitments to guarantee loans for:
(1) projects as a result of such projects benefitting from
otherwise allowable Federal income tax benefits; (2) projects
as a result of such projects benefitting from being located on
Federal land pursuant to a lease or right-of-way agreement for
which all consideration for all uses is: (A) paid exclusively
in cash; (B) deposited in the Treasury as offsetting receipts;
and (C) equal to the fair market value as determined by the
head of the relevant Federal agency; (3) projects as a result
of such projects benefitting from Federal insurance programs,
including under section 170 of the Atomic Energy Act of 1954
(42 U.S.C. 2210; commonly known as the ``Price-Anderson Act'');
or (4) electric generation projects using transmission
facilities owned or operated by a Federal Power Marketing
Administration or the Tennessee Valley Authority that have been
authorized, approved, and financed independent of the project
receiving the guarantee: Provided further, That none of the
loan guarantee authority made available under this paragraph
shall be available for any project unless the Director of the
Office of Management and Budget has certified in advance in
writing that the loan guarantee and the project comply with the
provisions under this paragraph.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $9,800,000, to remain available until September
30, 2024.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2024:
Provided, That in this fiscal year and subsequent fiscal years,
under section 2602(c) of the Energy Policy Act of 1992 (25
U.S.C. 3502(c)), the Secretary of Energy may also provide
direct loans, as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That such
direct loans shall be made through the Federal Financing Bank,
with the full faith and credit of the United States Government
on the principal and interest: Provided further, That any funds
previously appropriated for the cost of loan guarantees under
section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C.
3502(c)) may also be used, in this fiscal year and subsequent
fiscal years, for the cost of direct loans provided under such
section of such Act: Provided further, That for the cost of
direct loans for the Tribal Energy Loan Guarantee Program as
provided for in the preceding three provisos and for the cost
of guaranteed loans for such program under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000,
to remain available until expended: Provided further, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a).
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to
remain available until expended: Provided, That of the amount
appropriated under this heading, $14,000,000 shall be available
until September 30, 2024, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $383,578,000, to remain available until
September 30, 2024, including the hire of passenger motor
vehicles and official reception and representation expenses not
to exceed $30,000, plus such additional amounts as necessary to
cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total
$100,578,000 in fiscal year 2023 may be retained and used for
operating expenses within this account, as authorized by
section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final
fiscal year 2023 appropriation from the general fund estimated
at not more than $283,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $86,000,000, to remain available until September
30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition,
construction, or expansion, $17,116,119,000, to remain
available until expended: Provided, That of such amount,
$130,070,000 shall be available until September 30, 2024, for
program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $2,490,000,000, to remain available
until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $2,081,445,000, to remain
available until expended, of which, $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $58,525,000 shall be available until September 30,
2024, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $475,000,000, to
remain available until September 30, 2024, including official
reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $7,025,000,000, to remain available
until expended: Provided, That of such amount, $317,002,000
shall be available until September 30, 2024, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $586,035,000, to be deposited into
the Defense Environmental Cleanup account, which shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense, other
defense activities, and classified activities, in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,035,000,000, to
remain available until expended: Provided, That of such amount,
$364,734,000 shall be available until September 30, 2024, for
program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph
Hatchery Water Quality Project, and Umatilla Hatchery Facility
Project and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2023, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, including transmission wheeling and ancillary services,
pursuant to section 5 of the Flood Control Act of 1944 (16
U.S.C. 825s), as applied to the southeastern power area,
$8,173,000, including official reception and representation
expenses in an amount not to exceed $1,500, to remain available
until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to
$8,173,000 collected by the Southeastern Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding
the annual expenses of the Southeastern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $78,696,000
collected by the Southeastern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and
energy, for construction and acquisition of transmission lines,
substations and appurtenant facilities, and for administrative
expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the Southwestern Power Administration, $53,488,000,
to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000
collected by the Southwestern Power Administration from the
sale of power and related services shall be credited to this
account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $10,608,000: Provided
further, That notwithstanding 31 U.S.C. 3302, up to $70,000,000
collected by the Southwestern Power Administration pursuant to
the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation and
renewable resources programs as authorized, $299,573,000,
including official reception and representation expenses in an
amount not to exceed $1,500, to remain available until
expended, of which $299,573,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control
Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior
Department Appropriation Act, 1939 (43 U.S.C. 392a), up to
$200,841,000 collected by the Western Area Power Administration
from the sale of power and related services shall be credited
to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to result
in a final fiscal year 2023 appropriation estimated at not more
than $98,732,000, of which $98,732,000 is derived from the
Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$6,330,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided,
That notwithstanding the provisions of that Act and of 31
U.S.C. 3302, up to $6,102,000 collected by the Western Area
Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to
this account as discretionary offsetting collections, to remain
available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of these Dams
and associated Western Area Power Administration activities:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for
fiscal year 2023, the Administrator of the Western Area Power
Administration may accept up to $1,598,000 in funds contributed
by United States power customers of the Falcon and Amistad Dams
for deposit into the Falcon and Amistad Operating and
Maintenance Fund, and such funds shall be available for the
purpose for which contributed in like manner as if said sums
had been specifically appropriated for such purpose: Provided
further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International
Boundary and Water Commission for the sole purpose of
operating, maintaining, repairing, rehabilitating, replacing,
or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception and
representation expenses not to exceed $3,000, and the hire of
passenger motor vehicles, $508,400,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, not to exceed $508,400,000 of revenues from
fees and annual charges, and other services and collections in
fiscal year 2023 shall be retained and used for expenses
necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as revenues are received
during fiscal year 2023 so as to result in a final fiscal year
2023 appropriation from the general fund estimated at not more
than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity or
to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full
business days in advance, none of the funds made available in
this title may be used to--
(A) make a grant allocation or discretionary grant
award totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more,
including a contract covered by the Federal Acquisition
Regulation;
(C) issue a letter of intent to make an allocation,
award, or Agreement in excess of the limits in
subparagraph (A) or (B); or
(D) announce publicly the intention to make an
allocation, award, or Agreement in excess of the limits
in subparagraph (A) or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant
allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the
award, the amount of the award, the fiscal year for which the
funds for the award were appropriated, the account and program,
project, or activity from which the funds are being drawn, the
title of the award, and a brief description of the activity for
which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear cooperative
agreement unless--
(1) the contract, grant, or cooperative agreement is
funded for the full period of performance as
anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement
includes a clause conditioning the Federal Government's
obligation on the availability of future year budget
authority and the Secretary notifies the Committees on
Appropriations of both Houses of Congress at least 3
days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of, the
Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program, project, or activity funding
level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates, initiates, or eliminates a program,
project, or activity;
(2) increases funds or personnel for any program,
project, or activity for which funds are denied or
restricted by this Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk
to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant
to this title. Available balances may be merged with funds in
the applicable established accounts and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2023 until the enactment of the Intelligence Authorization
Act for fiscal year 2023.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless
independent oversight is conducted by the Office of Enterprise
Assessments to ensure the project is in compliance with nuclear
safety requirements.
Sec. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3
under Department of Energy Order 413.3B, or any successive
departmental guidance, for construction projects where the
total project cost exceeds $100,000,000, until a separate
independent cost estimate has been developed for the project
for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope and
duration exists, that a severe increase in the price of refined
petroleum product will likely result from such shortage, and
that a draw down and sale of refined petroleum product would
assist directly and significantly in reducing the adverse
impact of such shortage, the Secretary of Energy may draw down
and sell refined petroleum product from the Strategic Petroleum
Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section
167 of the Energy Policy and Conservation Act (42 U.S.C. 6247),
and such amounts shall be available for obligation, without
fiscal year limitation, consistent with that section.
Sec. 306. No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--
Colorado River Basins Power Marketing Fund, Western Area Power
Administration'' to the general fund of the Treasury in the
current fiscal year.
Sec. 307. All unavailable collections currently in the
United States Enrichment Corporation Fund shall be transferred
to and merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent
provided in advance in appropriations Acts.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2)
of Public Law 117-58, paragraph (3) of section 1702(r) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by
section 40401(c)(2)(C) of Public Law 117-58, and subsection (l)
of section 136 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17013(l)), are hereby repealed.
Sec. 309. (a) Hereafter, for energy development,
demonstration, and deployment programs funded under Department
of Energy appropriations (other than those for the National
Nuclear Security Administration and Office of Environmental
Management) provided for fiscal year 2022, the current fiscal
year, or any fiscal year thereafter (including by Acts other
than appropriations Acts), the Secretary may vest unconditional
title or other property interests acquired under projects in an
award recipient, subrecipient, or successor in interest,
including the United States, at the conclusion of the award
period for projects receiving an initial award in fiscal year
2022 or later.
(b) Upon vesting unconditional title pursuant to subsection
(a) in an award recipient, subrecipient, or successor in
interest other than the United States, the United States shall
have no liabilities or obligations to the property.
(c) For purposes of this section, the term ``property
interest'' does not include any interest in intellectual
property developed using funding provided under a project.
Sec. 310. None of the funds made available in this title may
be used to support a grant allocation award, discretionary
grant award, or cooperative agreement that exceeds $100,000,000
in Federal funding unless the project is carried out through
internal independent project management procedures.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, and for expenses necessary for the Federal Co-Chairman
and the Alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of
the Commission, including services as authorized by 5 U.S.C.
3109, and hire of passenger motor vehicles, $200,000,000, to
remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $41,401,000, to remain available until September
30, 2024, of which not to exceed $1,000 shall be available for
official reception and representation expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,100,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses, $17,000,000,
to remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998: Provided, That funds shall be available
for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed
80 percent of total project cost for distressed communities, as
defined by section 307 of the Denali Commission Act of 1998
(division C, title III, Public Law 105-277), as amended by
section 701 of appendix D, title VII, Public Law 106-113 (113
Stat. 1501A-280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That
notwithstanding any other provision of law regarding payment of
a non-Federal share in connection with a grant-in-aid program,
amounts under this heading shall be available for the payment
of such a non-Federal share for any project for which the
Denali Commission is not the sole or primary funding source,
provided that such project is consistent with the purposes of
the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $40,000,000, to remain
available until expended: Provided, That such amounts shall be
available for administrative expenses, notwithstanding section
15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $20,000,000, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $5,000,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $911,384,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September
30, 2024: Provided further, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $777,498,000 in fiscal year 2023 shall be retained
and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2023 so as to result in a final
fiscal year 2023 appropriation estimated at not more than
$133,886,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $15,769,000, to remain available until September 30,
2024: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$12,655,000 in fiscal year 2023 shall be retained and be
available until September 30, 2024, for necessary salaries and
expenses in this account, notwithstanding section 3302 of title
31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2023 so as to result in a final
fiscal year 2023 appropriation estimated at not more than
$3,114,000: Provided further, That of the amounts appropriated
under this heading, $1,520,000 shall be for Inspector General
services for the Defense Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051,
$3,945,000, to be derived from the Nuclear Waste Fund, to
remain available until September 30, 2024.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional requests
for information, consistent with Department of Justice guidance
for all Federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to the use of any proposed reprogramming
that would cause any program funding level to increase or
decrease by more than $500,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human health,
the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not
later than 3 days after the date of the activity to which a
requirement or restriction would otherwise have applied. Such
notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as
directed in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which funds
are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be
used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal
year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act,
except pursuant to a transfer made by or transfer authority
provided in this Act or any other appropriations Act for any
fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any authority whereby
a department, agency, or instrumentality of the United States
Government may provide goods or services to another department,
agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-
to-date. This report shall include the amounts transferred and
the purposes for which they were transferred, and shall not
replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division D contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S8286 of
Book I.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for the
fiscal year ending September 30, 2023, and for other purposes.
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 117-394 carries
the same weight as the language included in this explanatory
statement and should be complied with unless specifically
addressed to the contrary in this explanatory statement. While
some language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly provided
herein. Additionally, where this explanatory statement states
that the ``agreement only includes'' or ``the following is the
only'' direction, any direction included in the House on that
matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where the
House report or this explanatory statement has directed a
briefing or the submission of a report, such briefing or report
is to be submitted to the Committees on Appropriations of both
Houses of Congress, hereinafter referred to as the Committees.
House reporting requirements with deadlines prior to or within
15 days of enactment of this Act shall be submitted not later
than 60 days after enactment of this Act. All other reporting
deadlines not changed by this explanatory statement are to be
met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at the
end of the explanatory statement for this Act. Funding levels
that are not displayed in the detailed table are identified in
this explanatory statement.
In fiscal year 2023, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
the following information provides the definition of the term
``program, project, or activity'' for departments and agencies
under the jurisdiction of the Energy and Water Development and
Related Agencies Appropriations Act. The term ``program,
project, or activity'' shall include the most specific level of
budget items identified in the Energy and Water Development and
Related Agencies Appropriations Act, 2023 and the explanatory
statement accompanying this Act.
The Comptroller General of the United States is directed to
review the management and operations of the Offices of
Inspector General (OIG) for the Nuclear Regulatory Commission
and the Department of Energy (DOE) to assess their strategic
planning, quality assurance processes, and overall
effectiveness in carrying out their statutory responsibilities.
For the DOE OIG, GAO is directed to review their strategic
planning, especially with respect to carrying out audits that
would previously have been conducted under the cooperative
audit strategy. The GAO is directed to brief the Committees on
its preliminary findings not later than 180 days after
enactment of this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Advanced Funds Agreements.--In light of a non-federal
sponsor's commitment to provide all funding required for
construction of the project, or separable element thereof,
federal funds shall not be provided for such construction.
Instead, for such projects, any federal funding may be provided
only after completion of construction, as repayment of the
federal share of such construction, from funding provided in
this or subsequent acts for reimbursements or repayments, and
would be subject to a new start designation. This direction is
not intended to apply to any project with an advanced funds
project partnership agreement that was in place prior to
December 20, 2019.
Apportionment Under a Continuing Resolution.--The change in
apportionment policy is rejected, and the Administration is
directed to follow the previous policy during any continuing
resolutions that may occur in this or any future fiscal years.
Budget Structure Changes.--The fiscal year 2023 budget
request for the Corps proposed numerous structural changes,
including the creation of two new accounts, Harbor Maintenance
Trust Fund (HMTF) and Inland Waterways Trust Fund (IWTF); the
shifting of various studies and projects among accounts and
business lines; and the consolidation of certain remaining
items. The agreement rejects all such proposed changes and
instead funds all activities in the accounts in which funding
has traditionally been provided. Unless expressly noted, all
projects and studies remain at the levels proposed in the
budget request but may be funded in different accounts. In
particular:
Projects proposed for funding in the HMTF account
in the budget request are funded in the Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts, as appropriate;
Projects requested in the IWTF account are shown
in the Construction account;
Dredged Material Management Plans, requested in
the Investigations account, are funded in the Operation and
Maintenance account;
Disposition studies will continue to be funded
under the Disposition of Completed Projects remaining item in
the Investigations account;
Tribal Partnership projects will continue to be
funded under the Tribal Partnership Program remaining item in
the Investigations account as well as in the remaining item in
the Construction account, and these amounts may be used to
cover necessary administrative expenses prior to agreement
execution;
Project Condition Surveys, Scheduling of Reservoir
Operations and Surveillance of Northern Boundary Waters will
continue to be funded under states instead of consolidated into
national programs as requested in the Operation and Maintenance
account and the HMTF account;
Inspection of Completed Works will continue to be
funded under the individual states instead of consolidated into
a national program as requested in the Operation and
Maintenance account and the Mississippi River and Tributaries
account; and
Dam Safety Modification Studies, requested in the
Investigations account, will be funded under the Dam Safety and
Seepage/Stability Correction Program remaining item in the
Construction account.
For any fiscal year, if the Corps proposes budget structure
changes, the budget request shall be accompanied by a display
of the funding request in the traditional budget structure.
Continuing Contracts.--The Corps is authorized by section
621 of title 33, United States Code, to execute its Civil Works
projects through the use of a Special Continuing Contract
Clause as described in Engineer Circulars 11-2-221 and 11-2-
222, and an Incremental Funding Clause (DFARS 252.2327-7007).
The Administration is directed to continue using its existing
continuing contract authorities in accordance with the general
provisions in this Act as an efficient approach to managing
large, multi-year projects.
Deep Draft Navigation.--The agreement provides an estimated
$2,318,000,000 for HMTF eligible activities in accordance with
the changes in the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) and the Water Resources
Development Act (WRDA) of 2020 (Public Law 116-260). The
agreement provides $56,000,000 for the program authorized by
section 2106 (c) of the Water Resources and Reform Development
Act (WRRDA) of 2014 (Public Law 113-121).
Invasive Carp.--The Corps is undertaking multiple efforts
to stop invasive carp from reaching the Great Lakes. There is
appreciation that the Corps' spend plan for fiscal year 2022
funding provided under the Infrastructure Investment and Jobs
Act (IIJA) (Public Law 117-58) included $225,838,000 to
initiate construction of the Brandon Road Lock and Dam, Aquatic
Nuisance Species Barrier project. Further, the fiscal year 2023
budget request includes $47,880,500 for the project to continue
this important effort. As the Corps prioritizes projects, it
shall consider critical projects to prevent the spread of
invasive species. The Corps is directed to provide to the
Committees quarterly updates on the progress and status of
efforts to prevent the further spread of invasive carp,
including the Brandon Road Recommended Plan and the second
array at the Chicago Sanitary and Ship Canal; the location and
density of carp populations; the use of emergency procedures
previously authorized by Congress; the development,
consideration, and implementation of new technological and
structural countermeasures; and progress on preconstruction
engineering and design (PED) and construction work.
The Corps shall continue to collaborate at levels
commensurate with previous years with the U.S. Coast Guard, the
U.S. Fish and Wildlife Service, the State of Illinois, and
members of the Invasive Carp Regional Coordinating Committee,
including identifying navigation protocols that would be
beneficial or effective in reducing the risk of vessels
inadvertently carrying aquatic invasive species, including
invasive carp, through the Brandon Road Lock and Dam in Joliet,
Illinois. Any findings of such an evaluation shall be included
in the quarterly briefings to the Committees. The Corps is
further directed to implement navigation protocols shown to be
effective at reducing the risk of entrainment without
jeopardizing the safety of vessels and crews. The Corps and
other federal and state agencies are conducting ongoing
research on additional potential invasive carp solutions. The
Corps is directed to provide to the Committees not later than
30 days after enactment of this Act a briefing on such
navigation protocols and potential solutions.
Reporting Requirement.--The Corps is directed to provide to
the Committees a quarterly report that shall include the total
budget authority and unobligated balances by year for each
program, project, or activity, including any prior year
appropriations. The Assistant Secretary of the Army for Civil
Works is directed to provide to the Committees a quarterly
report that includes the total budget authority and unobligated
balances by year for each activity funded in the Office of the
Assistant Secretary of the Army for Civil Works account,
including any prior year appropriations.
Reprogramming.--The reprogramming legislation provided in
the Energy and Water Development and Related Agencies
Appropriations Act, 2020 (Public Law 116-94) is retained.
Additional Funding
The agreement includes funding above the budget request to
ensure continued improvements to our national economy, public
safety, and environmental health that result from water
resources projects. This funding is for additional work that
either was not included in the budget request or was
inadequately budgeted. The bill contains a provision requiring
the Corps to allocate funds in accordance with only the
direction in this agreement. In lieu of all House direction--
under any heading--regarding additional funding, new starts,
and the fiscal year 2023 work plan, the Corps shall follow the
direction included in this explanatory statement.
The executive branch retains complete discretion over
project-specific allocation decisions within the additional
funds provided, subject to only the direction here and under
the heading ``Additional Funding'' or ``Additional Funding for
Ongoing Work'' within each of the Investigations, Construction,
Mississippi River and Tributaries, and Operation and
Maintenance accounts. A study or project may not be excluded
from evaluation for being ``inconsistent with Administration
policy.'' Voluntary funding in excess of legally-required cost
shares for studies and projects is acceptable, but shall not be
used as a criterion for allocating the additional funding
provided or for the selection of new starts.
The Administration is reminded that these funds are in
addition to the budget request, and Administration budget
metrics shall not be a reason to disqualify a study or project
from being funded. It is expected that all of the additional
funding provided will be allocated to specific programs,
projects, or activities. The focus of the allocation process
shall favor the obligation, rather than expenditure, of funds.
Additionally, the Administration shall consider the extent to
which the Corps is able to obligate funds as it allocates the
additional funding. The Corps shall evaluate all studies and
projects only within accounts and categories consistent with
previous congressional funding.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi River
and Tributaries accounts if: (1) it has received funding, other
than through a reprogramming, in at least one of the previous
three fiscal years; or (2) it was previously funded and could
reach a significant milestone, complete a discrete element of
work, or produce significant outputs in fiscal year 2023. None
of the additional funding in any account may be used for any
item where funding was specifically denied or for projects in
the Continuing Authorities Program (CAP). Funds shall be
allocated consistent with statutory cost share requirements.
Also, funding associated with each category of Additional
Funding may be allocated as appropriate to any eligible study
or project within that category; funding associated with each
subcategory may be allocated only to eligible studies or
projects, within that subcategory.
The Corps is reminded that the flood and storm damage
reduction mission area can include instances where non-federal
sponsors are seeking assistance with flood control and
unauthorized discharges from permitted wastewater treatment
facilities and that the navigation mission area includes work
in remote and subsistence harbor areas. In addition to the
priority factors used to allocate all additional funding
provided in the Construction account, the Corps also shall
consider the non-federal sponsor's ability and willingness to
promptly provide the required cash contribution, if any, as
well as required lands, easements, rights-of-way, relocations,
and disposal areas.
Work Plan.--The Corps is directed to provide to the
Committees not later than 60 days after enactment of this Act a
work plan including the following information: (1) a detailed
description of the process and criteria used to evaluate
studies and projects; (2) delineation of how these funds are to
be allocated; (3) a summary of the work to be accomplished with
each allocation, including phase of work and the study or
project's remaining cost to complete (excluding Operation and
Maintenance); and (4) a list of all studies and projects that
were considered eligible for funding but did not receive
funding, including an explanation of whether the study or
project could have used funds in fiscal year 2023 and the
specific reasons each study or project was considered as being
less competitive for an allocation of funds.
The Administration shall not delay apportioning the funding
for Community Project Funding and Congressionally Directed
Spending while developing the work plan for additional funding.
New Starts.--The agreement includes funding for a limited
number of new projects, including those proposed in the budget
request. No further new starts are provided for in this Act.
While there remains significant need for new investments in
water resources projects, decisions regarding the processes by
which projects may be made eligible for funding or the manner
in which projects are funded can only be made by the
Committees.
There continues to be confusion regarding the executive
branch's policies and guidelines regarding which studies and
projects require new start designations. Therefore, the Corps
is directed to notify the Committees at least seven days prior
to execution of an agreement for construction of any project
except environmental infrastructure projects and projects under
the CAP. Additionally, the agreement reiterates and clarifies
previous congressional direction as follows. Neither study nor
construction activities related to individual projects
authorized under section 1037 of WRRDA of 2014 shall require a
new start or new investment decision; these activities shall be
considered ongoing work. No new start or new investment
decision shall be required when moving from feasibility to PED.
The initiation of construction of an individually authorized
project funded within a programmatic line item may not require
a new start designation provided that some amount of
construction funding under such programmatic line item was
appropriated and expended during the previous fiscal year. No
new start or new investment decision shall be required to
initiate work on a separable element of a project when
construction of one or more separable elements of that project
was initiated previously; it shall be considered ongoing work.
A new construction start shall not be required for work
undertaken to correct a design deficiency on an existing
federal project; it shall be considered ongoing work. The Corps
is reminded that resumptions are just that--resumption of
previously-initiated studies or projects and, as such, do not
require new start designations.
INVESTIGATIONS
The agreement includes $172,500,000 for Investigations.
The allocation for projects and activities within the
Investigations account is shown in the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to remaining
items as has been the case in previous work plans. The Corps
shall include appropriate requests for funding in future budget
submissions for PED and new feasibility studies initiated in
fiscal year 2023. The Administration is reminded that a project
study is not complete until the PED phase is complete and that
no new start or new investment decision shall be required when
moving from feasibility to PED.
Of the additional funding provided, $4,000,000 shall be for
Flood Risk Management PED activities.
When allocating the additional funding provided in this
account, the Corps shall consider prioritizing: completing or
accelerating ongoing studies that will enhance the nation's
economic development, job growth, and international
competitiveness; projects located in areas that have suffered
recent natural disasters; projects that protect life and
property; or projects addressing legal requirements. The Corps
is urged to consider any national security benefits a project
may have when allocating this funding. The Corps is encouraged
to prioritize completing or accelerating ongoing studies for
flood risk management projects in areas experiencing dramatic
or rapid increases in urban development in and around project
sites.
Baltimore Harbor and Channels, Maryland--Seagirt Loop
Deepening.--The importance of the Port of Baltimore and the
need to adequately support the significant growth in vessel
size and cargo capacities of ships is noted. If funds remain
when the study completes, the Corps is encouraged to use such
funds for PED.
Beattyville, Kentucky.--The Corps is encouraged to continue
to work expeditiously with the nonfederal sponsor on plans to
reduce flooding near Beattyville.
Bubbly Creek.--The Corps is directed to provide to the
Committees not later than 90 days after enactment of this Act a
briefing on proposed solutions on a path forward for this
restoration project.
Chacon Creek, Texas.--The Corps is encouraged to include
appropriate funding for this project in future budget
submissions.
Chicago River.--The Corps is urged to work with the City of
Chicago River Ecology and Governance Task Force toward a
comprehensive ecosystem restoration project for the restoration
of the Chicago River. The Corps is encouraged to consider
including funding for this study in future budget submissions.
Coastal Field Data Collection.--The agreement provides an
additional $2,000,000 to continue data collection and research
on the impact of extreme storms in coastal regions.
Additionally, with the funds provided, the Corps is encouraged
to evaluate the readiness of the unique facilities and
equipment necessary to support this effort and to include
increased funding in future budget submissions in order to
revitalize and modernize facilities and equipment in support of
this program.
Coordination with Other Water Resource Agencies.--The
agreement includes $200,000 for continued collaboration with
other federal agencies and stakeholders on invasive species
challenges.
Disposition of Completed Projects.--The Corps is directed
to provide to the Committees copies of disposition studies upon
completion. The agreement rejects the budget request proposal
to fund a disposition study of the Arkansas Red River Chloride
Control project. The Corps is directed to brief the Committees
not later than 60 days after enactment of this Act on the
status of the project.
Flood Policy in Urban Areas.--The Corps is reminded that
the Flood Policy in Urban Areas report as detailed in section
1211 of America's Water Infrastructure Act of 2018 (AWIA)
(Public Law 115-270) can be completed using existing funds, if
needed. The Corps is directed to provide to the Committees not
later than 45 days after enactment of this Act a briefing on
the findings of this report.
Indian Wells Valley Groundwater Basin.--The Corps is
directed to coordinate with the Indian Wells Valley Groundwater
Authority and the base and within its existing authorities, to
consider and, if appropriate, assist with reducing or
eliminating overdraft and increasing water supply resiliency,
including through importation of water into the basin,
infrastructure planning, and permitting assistance.
Louisiana Coastal Area Task Force.--The Corps is
encouraged, as appropriate, to establish the Task Force
authorized by section 7004 of WRDA of 2007 (Public Law 110-114)
to improve coordination of ecosystem restoration in the
Louisiana Coastal Area and is reminded of the reporting
requirement in section 212 of WRDA of 2020.
Murrieta Creek, California.--The Corps is urged to move
forward with the General Reevaluation Report and construction
of Phase 2B expeditiously. The Corps is also expected to
minimize contingencies included in the cost estimate to the
maximum degree practicable.
Non-Contiguous Regional Sediment Study.--The agreement
reiterates House direction.
North Atlantic Division Report on Hurricane Barriers and
Harbors of Refuge.--The importance of the North Atlantic
Division report on hurricane barriers and harbors of refuge
mandated under section 1218 of AWIA is recognized. While the
Corps has completed an initial report focused on the New
England area, the report is not complete. The Corps is
encouraged to complete the report and is reminded to include
reporting requirements in future budget requests, if needed.
Planning Assistance to States.--The Corps is encouraged to
continue building capacity to provide this assistance to
vulnerable coastal communities, including tribal, Alaskan
Native, and Native Hawaiian communities. Within the funds
provided, the Corps is directed to prioritize providing
planning-level technical assistance to coastal federally
recognized tribal communities that are actively working to
relocate homes and other critical infrastructure to higher
ground to mitigate the impacts of climate change, which include
but are not limited to studies, surveys, and rates of erosion
of land being evaluated for relocation. The Corps is also
reminded that this program encompasses many types of studies
and technical assistance dealing with a number of water
resource issues, including but not limited to sediment
management, coastal resilience, state water planning, water
distribution, and water supply evaluations.
Remote Sensing/Geographic Information System Support.--The
agreement includes $2,100,000 to implement the results of a
pilot effort funded in fiscal year 2020 to identify
modernization initiatives and recommendations for the
procurement of advanced integrated Global Positioning System
and optical surveying and mapping equipment. The Corps is
directed to provide to the Committees, prior to the obligation
of any funds, a briefing on this effort, to include proposed
avenues to modernize this type of equipment at Districts
nationwide.
Research and Development.--The Corps is encouraged to
engage in monitored field trials of coastal restoration
optimized for blue carbon CO2 sequestration. The
Corps is directed to investigate partnering with one or more
Historically Black Colleges and Universities (HBCUs) to offer
internship opportunities.
Research and Development. Biopolymers.--The agreement
provides $6,000,000 to continue research activities. It is
understood that this effort will be completed in 2024.
Research and Development, Earthen Dams and Levees.--The
value of work on earthen dams and levees, specifically with a
focus on comprehensive modeling and the impacts of seepage,
slope stability, and multiple modes of failure, is recognized.
The Corps is encouraged to include funding for these activities
in future budget requests.
Research and Development, Flood and Coastal Systems.--The
importance of ensuring the integrity of the nation's flood
control systems and employing the most effective technologies
to identify potential deficiencies in these systems is
recognized. The agreement provides $5,000,000 to utilize
partnerships to research and develop advanced technology to
automate assessment and inspection of flood control systems for
the purpose of identifying levee deficiencies such as slope
instability, settlement and seepage, and ensuring the safety of
the surrounding areas and communities. This work is expected to
contribute to existing operations and maintenance activities.
It is understood that this effort will be completed in 2024.
Research and Development, Future Work.--The value of
research topics addressed by the Army Engineer Research and
Development Center (ERDC) that advance the Civil Works missions
of the Corps is valued and recognized. It is understood that
responding to critical research needs benefit the Corps by
leveraging the expertise of universities through partnerships.
The Committees encourage the ERDC to thoughtfully prioritize
work that will support the underlying mission areas of the
Corps. The ERDC is directed to provide to the Committees not
later than 60 days after enactment of this Act a briefing on
future research needs (including multi-year funding
requirements) and potential university partnerships related to
its strategic goals.
Research and Development, Innovative Materials.--The
agreement provides $1,500,000 to fully fund a study on
innovative materials as detailed in section 1173 of the Water
Infrastructure Improvements for the Nation (WIIN) Act (Public
Law 114-322). It is understood that the report will be
completed in one year.
Research and Development, Modeling.--The agreement provides
$4,000,000 to support ongoing research into geochemical,
geophysical, and sedimentological analysis and modeling. It is
understood that this effort will be completed in 2024.
Research and Development, Modernize Existing Coastal and
Hydraulic Models.--The recommendation provides $5,000,000 to
continue the effort of modernizing existing Corps coastal and
hydraulics models and integrate them to make them accessible
for use by other agencies, universities, and the public. The
Corps is encouraged to collaborate with HBCUs as part of this
effort. It is understood that this effort will complete in
2026. The Corps is directed to provide to the Committees not
later than 60 days after enactment of this Act a briefing on
the status of this effort.
Research and Development, Oyster Reef Restoration.--The
agreement provides $1,500,000 to fully fund follow-on
activities related to the identification of effective oyster
restoration strategies. The Corps is encouraged to continue
ongoing partnerships with research universities to leverage
their expertise to enhance these activities. The Corps is
directed to provide to the Committees not later than 60 days
after enactment of this Act a briefing on the status of this
effort.
Research and Development, Polymer Composites.--The Corps is
directed to provide to the Committees not later than 90 days
after enactment of this Act a briefing on the progress of the
report funded by Public Law 117-58 and future work to be
undertaken on this effort.
Research and Development, Subsurface Drains.--The Corps is
encouraged to fund research and development opportunities of
subsurface drain systems as potential flood risk or coastal
storm risk reduction measures in project development.
Research and Development, Urban Flood Damage Reduction.--
The agreement includes $3,000,000 for the Corps to continue its
focus on the management of water resources infrastructure and
projects that promote public safety, reduce risk, improve
operational efficiencies, reduce flood damage, and sustain the
environment. The Corps shall continue its focus on addressing
needs for resilient water resources infrastructure. Work should
focus on unique western U.S. issues like wildfire; rain-on-
snow; atmospheric rivers effects on flood risk management; and
bridging the connection between climate change science and
engineering application for flood risk management, emergency
management, and ecosystem management. The tools and
technologies developed under this program should also be
applicable to other parts of the country. It is understood that
with continued funding this effort will be completed in 2025.
River Basin Commissions.--The agreement provides funds
under the River Basin Commission line item to meet the federal
government's equitable funding requirements pursuant to the
Delaware River Basin Compact. The Congress has made clear its
intent that the Susquehanna, Delaware, and Potomac River Basin
Commissions be supported, and the Corps is encouraged to budget
accordingly in future budget submissions. The Corps is directed
to provide to the Committees not later than 90 days after
enactment of this Act a briefing describing the reasons why
funds have not been provided to these commissions since 2015.
Shore Protection Easements.--Periodic restoration of shore
protection projects are important for the protection of public
safety, public infrastructure, native vegetation and wildlife,
as well as economy stability in oceanfront communities. Local
governments are facing challenges in obtaining necessary
approvals for easements when no work will be performed on the
property for which the easement is being required. The Corps is
encouraged to work with local governments to incorporate
flexibility in project agreement language that allows for
incremental acquisition of easements necessary for scheduled
nourishments.
Six-State High Plains Ogallala Aquifer Area Study.--The
agreement reiterates House direction.
Tittabawassee River Watershed.--The Corps is encouraged to
participate and coordinate as a federal stakeholder with the
Department of Agriculture, Environmental Protection Agency, the
Federal Emergency Management Agency, and the National Oceanic
and Atmospheric Administration (NOAA), as well as state, local,
and tribal governments, and business and non-profit
stakeholders, on developing and supporting conservation and
environment-based flood mitigation measures to reduce the
impact of floods on communities, lives, and livelihoods within
the Tittabawassee River Watershed in the Great Lakes Bay
Region.
Upper Mississippi River Basin and Northeast Iowa
Flooding.--Within its existing authorities, the Corps is
encouraged to continue coordinating closely with affected
communities in this region and to help these communities
mitigate future flood disasters in this area.
Upper Rio Grande Basin.--A comprehensive approach with the
National Academies of Sciences and the Bureau of Reclamation on
water and reservoir management, operation issues, and climate
resiliency within the Upper Rio Grande Basin (including the
Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon, Elephant Butte,
and Caballo Dams and Reservoirs) is encouraged. Accordingly,
the Corps is directed to provide to the Committees not later
than 90 days after enactment of this Act a briefing on the work
that has been done to date and any additional work that can be
done.
CONSTRUCTION
The agreement includes $1,808,800,000 for Construction.
The allocation for projects and activities within the
Construction account is shown in the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The agreement includes additional
funds for projects and activities to enhance the nation's
economic development, job growth, and international
competitiveness.
Public Law 117-43 and Public Law 117-58 included funding
within the Flood Control and Coastal Emergencies account to
restore authorized shore protection projects to full project
profile. That funding is expected to address some of the
current year capability. The Corps is reminded that if
additional work can be done, these projects are also eligible
to compete for additional funding for flood and storm damage
reduction.
The Corps is reminded that projects in the non-contiguous
states and U.S. territories such as Hawaii are eligible for
funding in this account.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were being
evaluated for new or ongoing construction. The Corps shall not
condition these funds, or any funds appropriated in this Act,
on a non-federal interest paying more than its required share
in any phase of a project. When allocating the additional
funding provided in this account, the Corps shall consider
giving priority to the following:
benefits of the funded work to the national
economy;
extent to which the work will enhance national,
regional, or local economic development;
number of jobs created directly and supported in
the supply chain by the funded activity;
significance to national security, including the
strategic significance of commodities;
ability to obligate the funds allocated within the
calendar year, including consideration of the ability of the
non-federal sponsor to provide any required cost share;
ability to complete the project, separable
element, or project phase with the funds allocated;
legal requirements, including responsibilities to
tribes;
effect on alleviating water supply issues in areas
that have been afflicted by severe droughts in the past four
fiscal years, including projects focused on the treatment of
brackish water;
for flood and storm damage reduction projects
(including authorized nonstructural measures and periodic beach
renourishments):
population, safety of life, economic activity, or
public infrastructure at risk, as appropriate;
the severity of risk of flooding or the frequency
with which an area has experienced flooding; and
preservation of historically significant
communities, culture, and heritage;
for shore protection projects, projects in areas
that have suffered severe beach erosion requiring additional
sand placement outside of the normal beach renourishment cycle
or in which the normal beach renourishment cycle has been
delayed, and projects in areas where there is risk to life and
public health and safety and risk of environmental
contamination;
for mitigation projects, projects with the purpose
to address the safety concerns of coastal communities impacted
by federal flood control, navigation, and defense projects;
for navigation projects, the number of jobs or
level of economic activity to be supported by completion of the
project, separable element, or project phase;
for projects cost shared with the IWTF, the
economic impact on the local, regional, and national economy if
the project is not funded, as well as discrete segments of work
that can be completed within the funding provided in this line
item;
for other authorized project purposes and
environmental restoration or compliance projects, to include
the beneficial use of dredged material; and
for environmental infrastructure, projects with
the greater economic impact, projects in rural communities,
projects in communities with significant shoreline and
instances of runoff, projects in or that benefit counties or
parishes with high poverty rates, projects owed past
reimbursements, projects in financially-distressed
municipalities, projects that improve stormwater capture
capabilities, projects that provide backup raw water supply in
the event of an emergency, and projects that will provide
substantial benefits to water quality improvements.
Alternative Delivery.--The agreement supports alternative
delivery approaches such as P3s and split delivery methods that
leverage public and private resources to reduce cost and risk
to populations by delivering infrastructure sooner. The use of
P3s and split delivery methods can be a viable strategy to help
address the Corps' backlog of projects while reducing
scheduling and funding risk to the federal government. The
Corps is reminded that projects which use these methods are
eligible to compete for additional funding recommended in this
account.
Aquatic Plant Control Program.--Of the additional funding
provided for the Aquatic Plant Control Program, $16,000,000
shall be for watercraft inspection stations and rapid response,
as authorized in section 104 of the River and Harbor Act of
1958 (Public Law 85-500), distributed to carry out subsections
(d)(1)(A)(i), (d)(1)(A)(ii), (d)(1)(A)(iii), and (d)(1)(A)(iv),
and $3,000,000 shall be for related monitoring as authorized by
section 1170 of AWIA. The agreement provides $2,000,000 for
activities for monitoring, surveys, and control of flowering
rush and hydrilla. Additionally, $7,000,000 shall be for
nationwide research and development to address invasive aquatic
plants, and the Corps is encouraged to consider work to address
invasive aquatic plants in the Northern Everglades region. The
Corps is encouraged to consider work to address and prevent the
threat of hydrilla infestation within the states of Florida and
Georgia. The agreement also provides $500,000 to continue
activities authorized under section 509 of WRDA of 2020, and
the Corps is directed to provide to the Committees prior to the
obligation of any funds for this purpose a briefing on how it
will implement this program.
Aquatic Plant Control Program, Connecticut River Basin.--
Additional funding of $6,000,000 is provided for hydrilla
control, research, and demonstration work in the Connecticut
River basin. The Corps is encouraged to consider the benefits
of establishing a rapid response task force to cover the
multistate watershed.
Aquatic Plant Control Program, Mississippi River Basin.--
The Corps is engaged in a multipronged effort to combat
invasive species in the country's waterways and protect the
Mississippi River Basin, which is one of the most valued
ecosystems in the world. The agreement provides $500,000 for
the Corps, in partnership with other federal partners, to
continue planning, designing, initial engineering and project
management activities for construction of carp barriers in the
Mississippi River Basin and the Tennessee-Tombigbee waterway.
Beneficial Use of Dredged Material Pilot Program.--The
agreement provides $4,173,000 to continue the pilot projects to
demonstrate the economic benefits and impacts of
environmentally sustainable maintenance dredging methods that
provide for ecosystem restoration and resilient protective
measures. Cost sharing for these projects shall be in
accordance with subsection (e) of section 1122 of the WIIN Act.
The Corps is further directed to brief the Committees prior to
any effort to solicit or select any additional pilot projects
as authorized by AWIA.
Bird Drive Basin Conveyance, Seepage Collection, and
Recharge.--The Corps is encouraged to work with the Department
of the Interior and the South Florida Water Management District
to quickly identify a consensus project footprint between SW
8th Street and the C-1W Canal to the south, immediately east of
Krome Avenue. This work is intended to enable Miami-Dade County
and the Miami-Dade Expressway Authority to begin necessary land
acquisitions in support of the creation of a West Kendall
Everglades Buffer and progress toward completing this important
element of the Comprehensive Everglades Restoration Plan
(CERP).
Biscayne Bay Coastal Wetlands Project.--The Corps is
encouraged to consider the incorporation of highly treated,
reclaimed wastewater as an additional source of freshwater into
further study, design, and construction of the project and to
evaluate the potential to use additional volumes of reclaimed
wastewater to restore freshwater artesian springs within the
Bay through underground injection to the shallow, underlying
aquifer.
Central Everglades Planning Project.--The Corps is strongly
encouraged to expedite the required validation reports for PPA
North. The Corps is also encouraged to design and construct the
recently-authorized Everglades Agricultural Area Storage
Reservoir as quickly as possible to utilize the expanded water
delivery capabilities of completed PPA South elements.
Central and South Florida Project.--The Corps is urged to
maintain continued attention to the need of the South Florida
economy and environment for a functioning flood control system.
CERP--Indian River Lagoon-South.--The Corps is urged to
expedite design work on the C-23 and C-24 Reservoirs that will
serve as crucial elements of the Indian River Lagoon-South CERP
project.
Charleston Harbor.--The funding provided is for
reimbursement of the advanced funds provided by the non-federal
sponsor to cover the federal share of the cost of the National
Economic Development plan. The non-federal sponsor may be
eligible for additional reimbursement in the future.
Chesapeake Bay Comprehensive Water Resources and
Restoration Plan.--The Corps is reminded that the Chesapeake
Bay Environmental Restoration and Protection Program and the
Chesapeake Bay Oyster Recovery Program are eligible to compete
for the additional funding provided in this account, and the
Corps is encouraged to provide appropriate funding in future
budget requests.
Chicago Sanitary and Ship Canal Dispersal Barrier,
Illinois.--No funds recommended in this Act may be used for
construction of hydrologic separation measures.
Columbia River Treaty.--The Corps is directed to brief, in
a classified setting and in coordination with the Department of
State, not later than 60 days after enactment of this Act on
post-fiscal year 2023 flood control operations as dictated by
the Columbia River Treaty. Further, not later than 90 days
after enactment of this Act the Corps shall provide a
classified detailed assessment, in coordination with Department
of State, of its funding requirements and plan for post-fiscal
year 2023 flood control operations as dictated by the Columbia
River Treaty.
Construction Funding Schedules.--A complete and reliable
cost estimate with an out-year funding schedule is essential to
understanding current funding and future funding requirements
within the Corps' construction portfolio. A comprehensive
outlook of these dynamic requirements is necessary for Congress
to consider and balance funding allocations annually, and to
assess the long-term effects of new investment decisions.
Therefore, not later than 90 days after enactment of this Act
and annually thereafter, the Chief of Engineers shall submit
directly to the Committees, a breakdown, by fiscal year, of the
full and efficient federal funding needs for each ongoing
construction project in the Corps' Civil Works program. For
each project identified, the Corps shall also provide the total
project cost with a breakdown between the federal and non-
federal costs, and any applicable authorization ceiling. For
the purposes of this report, an active project shall mean any
project which has received construction account appropriations,
including those funded in a supplemental, and has remaining
costs to be funded from the Construction account. These funding
requirements shall be based on technical construction
sequencing, and realistic workflow and shall not be altered to
reflect administrative policies and priorities or any assumed
limitation on funding available.
Continuing Authorities Program (CAP).--Funding is provided
for nine CAP sections at a total of $72,285,000. The management
of CAP should continue consistent with direction provided in
previous fiscal years. The Corps shall allow for the
advancement of flood control projects in combination with
ecological benefits using natural and nature-based solutions
alone, or in combination with, built infrastructure where
appropriate for reliable risk reduction during the development
of projects under section 205 of CAP. Within the section 1135
CAP authority, and to the extent already authorized by law, the
Corps is reminded that projects that restore degraded wetland
habitat and stream habitat impacted by construction of Corps
levees or channels, including those with executed Feasibility
Cost Share Agreements, and projects that will divert
significant pollutant nutrient runoff from entering wetland
habitats, are eligible to compete for funding.
Environmental Infrastructure.--The Corps is reminded that
environmental infrastructure authorities include caps on
federal participation, but do not provide a guarantee that the
project authorization level will be met.
Everglades Agricultural Area.--The agreement reiterates
House direction.
Friendswood, TX.--The agreement reiterates House direction.
Implementation of Projects Receiving Supplemental Funds.--
The Committees continue to have significant concerns with the
Administration's implementation of funding provided via
supplemental appropriations Acts. As stated in the fiscal year
2022 Act, the Committees are troubled by the continued
challenges with execution, cost overruns, and significant
delays in completing projects funded under the Bipartisan
Budget Act of 2018 (Public Law 115-123). As the BBA 2018
program progresses, it is possible that projects will not be
completed within previously available supplemental funds. The
Committees do not intend for those projects to be delayed. The
Corps is directed to provide to the Committees not later than
90 days after enactment of this Act an out-year plan for
completion of all BBA 2018 projects by identifying funding
shortfalls by project and fiscal year.
In addition, the Administration, without notice or
explanation to Congress, changed its interpretation of bill
language that had not changed from previous supplemental
appropriations Acts when allocating funding under the Disaster
Relief Supplemental Appropriations Act of 2022 (DRSAA) (Public
Law 117-43). Specifically, it has ignored congressional intent
and its own previous interpretation that construction projects
be funded to completion using supplemental funds and that
ongoing construction projects be completed at full federal
expense. By allocating only incremental funding for some
ongoing construction projects, the Administration's decision
means that the non-federal sponsors remain responsible for
significant costs. The lack of forethought and consideration
for the impact to non-federal sponsors that likely do not have
funding available to cost-share these lifesaving projects
according to the normal rules is unreasonable and contrary to
congressional intent apparent in the expressed provisions of
DRSAA.
Not later than 30 days after enactment of this Act, the
Administration shall provide to the Committees a briefing on
the legal and policy justification for the changed
interpretation of law, plans for completing all construction
projects funded under DRSAA, and options for addressing cost
share issues that have arisen as a result of the
Administration's decision. Further, the Corps shall brief the
Committees quarterly on the status of all supplemental programs
and the plan for completion of related projects.
Kentucky Lock and Dam, Kentucky.--There is concern about
major delays on construction projects, particularly the
Kentucky Lock and Dam, which was provided funding by Public Law
117-58 that the Administration states will physically complete
and fiscally close out the project. The Corps is strongly urged
to expedite construction.
Lake Isabella, California.--The Corps is directed to work
with the U.S. Forest Service (USFS) to expeditiously finalize
the site location for the USFS visitor center and to undertake
all requirements to evaluate, update, and finalize any
necessary statutorily-required review and compliance activities
with the goal of commencing construction by December 31, 2023,
or at the earliest possible date.
McClellan-Kerr Arkansas River Navigation System (MKARNS).--
MKARNS is recognized as an established Marine Highway for
waterborne commerce to include agriculture and aggregate
commodities (sand, gravel, and rock) from the Gulf Coast to the
Mid-West. Deepening the MKARNS to a consistent 12-foot
navigation channel will provide tow drafts that are more
compatible with navigation on the Mississippi River, which will
reduce inefficient barge operations and transportation costs.
The Corps is urged to prioritize this project in fiscal year
2023 to accelerate construction. The Corps is also encouraged
to provide funds for nonstructural activities, such as channel
deepening, with low annual funding needs in years where
appropriated funds for IWTF cost shared projects are sufficient
to accommodate such projects without impacting ongoing
construction projects. Lastly, the Corps is encouraged to
prioritize inland waterways projects consistent with the update
to the Capital Investment Strategy, pursuant to section 2002(d)
of WRRDA of 2014.
New Savannah Bluff Lock and Dam, Georgia and South
Carolina.--The Corps is encouraged to work with all
stakeholders toward a mutually beneficial resolution that will
ensure waters levels for existing activities and functions are
maintained, as detailed in section 1319 of the WIIN Act.
Non-Federal Implementation Pilot Program.--Due to ongoing
concerns initially expressed in the fiscal year 2020 Senate
Report, the Corps shall notify the Committees upon receiving
any proposal from a non-federal interest requesting to utilize
the section 1043 (b) of WRRDA of 2014 authority. The Corps
shall not negotiate or enter into a project partnership
agreement to transfer funds to a non-federal interest utilizing
this authority unless approval is received from the Committees.
None of the funds recommended in this Act shall be used under
this authority for a project where construction has been
started but not completed.
Port of Brownsville Deepening Project, Texas.--The Corps is
encouraged to include appropriate funding for this project in
future budget submissions.
Raritan River Basin, Green Brook Sub-Basin, New Jersey.--
The Corps is encouraged to expeditiously move forward with
construction of the Lower Basin and Stony Brook portions of the
project.
Restoration of Abandoned Mine Sites, Tribal Partnerships.--
Additional funding is recommended to provide technical,
planning, and design assistance to federal and non-federal
interests carrying out projects to address water quality
problems caused by drainage and related activities from
abandoned and inactive noncoal mines under section 560 of WRDA
of 1999 (Public Law 106-53). Additionally, the Corps is
directed to develop an action plan to proactively engage with
tribal communities in the western United States and brief the
Committees no later than 90 days after enactment of this Act on
such plan.
Riverbank Erosion.--The Corps is encouraged to prioritize
projects to stabilize the Indiana shoreline of the Ohio River
damaged by the operation of federally-owned dams on the Ohio
River as authorized in section 9 of the Flood Control Act of
1946 (33 USC 701q).
Soo Locks, Sault Ste. Marie, Michigan.--The Corps is
strongly encouraged to move forward expeditiously to complete
this critical project and to include appropriate funding for
these activities in future budget submissions.
South Florida Ecosystem Restoration (SFER), Florida.--As in
previous years, the agreement provides funding for all study
and construction authorities related to Everglades restoration
under the line item titled ``South Florida Ecosystem
Restoration, Florida.'' This single line item allows the Corps
flexibility in implementing the numerous activities underway in
any given fiscal year. For fiscal year 2023, the Corps is
directed to make publicly available a comprehensive snapshot of
all SFER cost share accounting down to the project level and to
ensure the accuracy of all budget justification sheets that
inform SFER Integrated Financial Plan documents by October 31,
2023.
Tulsa and West-Tulsa Levee System (TWTLS).--The Corps is
encouraged to expeditiously complete construction since the
TWTLS protected area is home to a substantial population of
elderly and low income residents, and was classified by the
Corps as a high risk of failure and life loss in 2019.
Unified Facilities Guide Specifications.--The Corps is
encouraged to continue to work with the Air Force and Navy to
update the criteria included in the Unified Facilities Guide
Specifications as appropriate. The Corps is encouraged to
consider using lower carbon building materials, including
cements such as portland-limestone cement, in order to reduce
the environmental footprint of infrastructure projects.
Upper Mississippi River Restoration Program (UMRR), Quincy
Bay.--The Corps is encouraged to prioritize the environmental
restoration project in Quincy Bay near Quincy, Illinois as a
Tier 1 project for immediate commencement through the UMRR
Program.
MISSISSIPPI RIVER AND TRIBUTARIES
The agreement includes $370,000,000 for Mississippi River
and Tributaries.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--When allocating the additional funding
provided in this account, the Corps shall consider giving
priority to completing or accelerating ongoing work that will
enhance the nation's economic development, job growth, and
international competitiveness or for studies or projects
located in areas that have suffered recent natural disasters.
While this funding is shown under remaining items, the Corps
shall use these funds in Investigations, Construction, and
Operation and Maintenance, as applicable. This may include work
on remaining unconstructed features of projects permitted and
authorized by law, in response to recent flood disasters.
When allocating additional funds provided in this account,
the Corps is directed to give adequate consideration to
cooperative projects addressing watershed erosion,
sedimentation, flooding, and environmental degradation. Also,
the importance of erosion control in headwater streams and
tributaries, and the environmental, water quality, and sediment
reduction benefits it provides downstream is recognized.
Comprehensive Management Studies.--Comprehensive management
studies that are fully within the boundaries of this account
are authorized under the requirements, including cost share, of
the Mississippi River and Tributaries project.
Lower Mississippi River Main Stem.--The budget request
proposes to consolidate several activities across multiple
states into one line item. The agreement does not support this
change and instead continues to fund these activities as
separate line items.
Mississippi River Commission.--No funding is provided for
this new line item. The Corps is directed to continue funding
the costs of the commission from within the funds provided for
activities within the Mississippi River and Tributaries
project.
Yazoo Basin, Yazoo Backwater Area, Mississippi.--Funding is
provided for mitigation of previously constructed features.
OPERATION AND MAINTENANCE
The agreement includes $5,078,500,000 for Operation and
Maintenance.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding for Ongoing Work.--Of the additional
funding provided in this account for other authorized project
purposes, the Corps shall allocate not less than $300,000 for
efforts to address terrestrial noxious weed control and
sediment removal activities pursuant to section 503 of WRDA of
2020.
Of the additional funding provided in this account for
other authorized project purposes, the Corps shall allocate not
less than $2,000,000 for efforts to combat invasive mussels at
Corps-owned reservoirs.
Of the additional funding provided in this account, the
Corps shall also allocate funds according to the direction
under the headings ``Water Control Manuals''.
There is not support for a level of funding that does not
fund operation and maintenance of our nation's aging
infrastructure sufficiently to ensure continued competitiveness
in a global marketplace. Federal navigation channels maintained
at only a fraction of authorized dimensions and navigation
locks and hydropower facilities being used well beyond their
design life results in economic inefficiencies and risks
infrastructure failure, which can cause substantial economic
losses.
When allocating the additional funding provided in this
account, the Corps shall consider giving priority to the
following:
ability to complete ongoing work maintaining
authorized depths and widths of harbors and shipping channels
(including small, remote, or subsistence harbors), including
where contaminated sediments are present;
ability to address critical maintenance backlog;
presence of the U.S. Coast Guard;
extent to which the work will enhance national,
regional, or local economic development, including domestic
manufacturing capacity;
extent to which the work will promote job growth
or international competitiveness;
number of jobs created directly by the funded
activity;
ability to obligate the funds allocated within the
fiscal year;
ability to complete the project, separable
element, project phase, or useful increment of work within the
funds allocated;
ability to address hazardous barriers to
navigation due to shallow channels;
dredging projects that would provide supplementary
benefits to tributaries and waterways in close proximity to
ongoing island replenishment projects;
risk of imminent failure or closure of the
facility;
extent to which the work will promote recreation-
based benefits, including those created by recreational
boating;
improvements to federal breakwaters and jetties
where additional work will improve the safety of navigation and
stabilize infrastructure to prevent continued deterioration;
and
for harbor maintenance activities:
total tonnage handled;
total exports;
total imports;
dollar value of cargo handled;
energy infrastructure and national security needs
served;
designation as strategic seaports;
maintenance of dredge disposal activities;
lack of alternative means of freight movement;
savings over alternative means of freight movement;
and
improvements to dredged disposal facilities that
will result in long-term savings, including a reduction
in regular maintenance costs.
Aquatic Nuisance Control Research Program.--The agreement
provides $8,000,000 to supplement activities related to harmful
algal bloom research and control and directs the Corps to
target freshwater ecosystems. There is awareness of the need to
develop next generation ecological models to maintain inland
and intracoastal waterways and the agreement provides
$5,000,000 for this purpose. The agreement provides $5,000,000
to continue work on the Harmful Algal Bloom Demonstration
Program, as authorized by WRDA of 2020, and the Corps is
directed to provide to the Committees not later than 60 days
after enactment of this Act a briefing on the status of this
effort.
Additional funding recommended in this remaining item is to
supplement and advance Corps activities to address harmful
algal blooms including: early detection, prevention, and
management techniques and procedures to reduce the occurrence
and impacts of harmful algal blooms in our nation's water
resources; work collaboratively with university partners to
develop prediction, avoidance, and remediation measures focused
on environmental triggers in riverine ecosystems; and to
advance state-of-the-art Unmanned Aerial Systems-based
detection, monitoring, and mapping of invasive aquatic plant
species in conjunction with university partners.
Arkansas Red River Chloride Control.--The Corps is reminded
of their existing obligations to continue operations and
maintenance activities for the Red River Chloride Control
project, Oklahoma and Texas, at federal expense and is also
reminded that this project is eligible to compete for
additional funding in this account.
Asset Management/Facilities and Equipment Maintenance
(FEM).--The agreement provides $2,000,000 to continue research
on novel approaches to repair and maintenance practices that
will increase civil infrastructure intelligence and resilience.
The Corps is directed to provide to the Committees not later
than 60 days after enactment of this Act a report on the status
of this effort. The Corps was previously provided $1,000,000
under the Asset Management/FEM remaining item to complete a
study of their inventory in accordance with section 6002 of
WRRDA of 2014. There is frustration regarding how long it has
taken the Corps to make progress on this effort. Nonetheless,
the second phase of inventory and assessment are currently
ongoing, and the Corps is directed to provide to the Committees
not later than 60 days after enactment of this Act a briefing
that includes details on the percentage of the work that has
already been done and a timeline for completion of the
inventory.
Chicago Sanitary and Ship Canal Dispersal Barrier.--The
Chicago Sanitary and Ship Canal (CSSC) dispersal barrier at Des
Plaines River is a key control mechanism for protecting the
Great Lakes from invasive carp. Over the last decade, the Corps
has invested significant resources in building a permanent
electric barrier on the Chicago Area Waterways System.
Maximizing effectiveness of the CSSC can have significant
immediate benefits for preventing spread of aquatic invasive
species into the productive and ecologically diverse Great
Lakes system.
Coastal Inlets Research Program.--Communities,
infrastructure, and resources tied to coastal regions are
vulnerable to damage from extreme coastal events and long-term
coastal change. The agreement includes additional funding for
the Corps-led, multi-university effort to identify engineering
frameworks to address coastal resilience needs; to develop
adaptive pathways that lead to coastal resilience; for efforts
that measure the coastal forces that lead to infrastructure
damage and erosion during extreme storm events; and to improve
coupling of terrestrial and coastal models. Additional funding
is also provided for the Corps to continue work with NOAA's
National Water Center on protecting the nation's water
resources.
Civil Works Water Management System.--Additional funding is
included for incorporation of ensemble forecasts within the
suite of numerical modeling tools in support of water
management operations to advance the Forecast-Informed
Reservoir Operations (FIRO) effort.
Dredging Operations and Environmental Research,
Contaminated Sediment Management.--The assessment and
management of contaminated sediments represents a significant
cost to the federal government and impacts the nation's inland
and coastal navigation system affecting the free flow of
commerce. There is a critical need for investment in technology
and approaches to enable more cost effective and sustainable
practices for the assessment and management of contaminated
sediments. The Corps is directed to develop a public-private
partnership focused on research, development, and
implementation of solutions for the assessment and management
of contaminated sediments through the Dredging Operations and
Environmental Research program.
Dredging Operations Technical Support Program.--The
agreement provides $2,200,000 for the further development of
the Integrated Navigation Analysis and Visualization platform
related to the operation and maintenance of the U.S. Marine
Transportation System. The agreement also includes additional
funds to support the research and application of artificial
intelligence, machine learning, and advanced modeling
capabilities to improve streamflow forecasting for channel
shoaling and dredging to help reduce interruptions in
waterborne inland commerce as a result of flooding and other
silting activities. The Corps is directed to provide to the
Committees not later than 90 days after enactment of this Act a
briefing on the potential need for evaluation of whether deeper
and wider channels would improve supply chain performance
throughout the southeast region of the country.
Emerging Harbor Projects.--The agreement includes funding
for individual projects defined as emerging harbor projects in
section 210(f)(2) of WRDA of 1986 (Public Law 99-662) that
exceeds the funding levels envisioned in sections 210(c)(3) and
210(d)(1)(B)(ii) of WRDA of 1986.
Engineering With Nature.--The agreement provides
$20,000,000 for the Engineering with Nature (EWN) initiative.
Funding under this line item is intended for EWN activities
having a national or regional scope or that benefit the Corps'
broader execution of its mission areas. It is not intended to
replace or preclude the appropriate use of EWN practices at
districts using project-specific funding or work performed
across other Corps programs that might involve EWN. Of the
funding provided in this remaining item, $10,000,000 is
provided to support research and development of natural
infrastructure solutions for the nation's bays and estuaries to
reduce costs, environmental and aesthetic impacts, and improve
access and health outcomes for the communities, economies,
ecosystems, and defense installations that concentrate in the
nation's bays and estuaries, and to design innovative nature-
based infrastructure with landscape architecture, coastal
modeling, and engineering. Of the funding provided in this
remaining item, $5,000,000 is to support ongoing research and
advance work with university partners to develop standards,
design guidance, and testing protocols to improve and
standardize nature-based and hybrid infrastructure solutions,
including those in drought and fire-prone lands and post-fire
recovery areas.
Enhanced Options for Sand Acquisition for Beach
Renourishment Projects.--The Corps is urged to provide states
with guidance and recommendations to implement cost effective
measures and planning for sand management.
Flood and Earthquake Modeling.--Last fiscal year additional
funds were provided in the Earthquake Hazards Reduction Program
to facilitate coordination with the National Levee Safety
program to develop a plan for leveraging existing knowledge
related to potential seismic concerns related to levees. The
Corps is evaluating whether earthquake models would aid in
assessment and if collaboration with universities would be
beneficial. The Corps is directed to provide to the Committees
not later than 90 days of enactment of this Act a briefing on
the progress to date and any recommended future work.
Harmful Algal Bloom and Hypoxia Research and Control Act.--
The Corps is directed to provide to the Committees not later
than 90 days after enactment of this Act a briefing on the
effort to coordinate the federal response to harmful algal
bloom activities.
Hiram M. Chittenden Locks, Washington.--The agreement
reiterates House direction.
Inland Water Navigation Charts.--The agreement provides
$2,000,000 for the eHydro program to modernize and enhance the
distribution of the navigation charts and an additional
$2,000,000 to support the transition of the National Dredging
Quality Management Program's automated dredging monitoring data
to a cloud environment.
Jim Woodruff Lock and Dam.--The agreement reiterates House
direction.
Kennebec River Long-Term Maintenance Dredging.--There is
continued support for the Memorandum of Agreement signed in
January 2019 denoting responsibilities between the Department
of the Army and the Department of the Navy for the regular
maintenance of the Kennebec River Federal Navigation Channel.
Maintenance dredging of the Kennebec is essential to the safe
passage of newly constructed Navy guided missile destroyers to
the Atlantic Ocean. The Secretary is directed to continue
collaborating with the Department of the Navy to ensure regular
maintenance dredging of the Kennebec.
Lake Okeechobee, Florida.--The Corps is encouraged to use
the best available science and appropriately weigh the concerns
of all water users to ensure the ecosystem is preserved, water
supply for the eight million residents in South Florida is
maintained, and the safety of all residents of the region is
upheld.
Lake Providence Harbor, Louisiana.--The agreement
reiterates House direction.
Lake Sakakawea & Lake Oahe Recreation Facilities.--There is
support for the coordinated efforts by the Corps with state and
local stakeholders to maintain recreational areas and related
infrastructure at mainstem Missouri River reservoirs during
drought conditions. However, there is disappointment in the
fact that the Corps has not provided a long-term plan to
restore and maintain recreational facilities near Lake
Sakakawea and Lake Oahe as recommended in fiscal year 2020. The
Corps is directed to report not later than 60 days after
enactment of this Act with a plan that identifies funding
sources to address the deferred maintenance backlog in these
areas and repair boat ramps and access roads to these
facilities.
Levee Safety.--The agreement provides additional funding
for the National (Levee) Flood Inventory, including $3,150,000
to expedite work on non-federal levees in meeting the
requirements of section 131 of WRDA of 2020. The Corps is
directed to provide to the Committees not later than 30 days
after enactment of this Act a briefing on this effort. In
fiscal year 2020, Congress provided $15,000,000 to implement
levee safety initiatives to meet the requirements under section
3016 of WRRDA of 2014. These funds are sufficient to complete
Phase II activities. The Corps is directed to provide to the
Committees not later than 30 days after enactment of this Act a
briefing on the status of these activities and activities
associated with section 3016 of WRRDA of 2014, including any
additional funding needs identified to complete and a timeline
for implementation of the next phase.
Missouri River Operations.--The Corps intends to conduct a
test flow regarding releases of water from the Missouri River
mainstem dams in the future. The Corps is directed to provide
to the Committees not later than 30 days prior to such a
release a report that includes 1) the rationale for conducting
such a test flow; 2) the expected implications for water access
along the Missouri River; and 3) steps the Corps has taken to
reduce or mitigate the effects of a test flow on water access.
Mobile Bay Beneficial Use of Dredged Material.--The Corps
is encouraged to examine beneficial uses of dredged material in
Mobile Bay, Alabama.
Monitoring of Completed Navigation Projects, Fisheries.--
There is concern that a reduction in or elimination of
navigational lock operations on the nation's inland waterways
is having a negative impact on river ecosystems, particularly
the ability of endangered, threatened, and game fish species to
migrate through waterways, particularly during critical
spawning periods. Preliminary research successfully indicates
that reduced lock operations on certain Corps-designated low-
use waterways are directly impacting migration and that there
are effective means to mitigate the impacts. Maximizing the
ability of fish to use these locks to move past the dams has
the potential to restore natural and historic long-distance
river migrations that may be critical to species survival.
Within available funds for ongoing work, the Corps is
directed to continue this research at not less than the fiscal
year 2022 level. The agreement provides $4,000,000 to expand
the research to assist the Corps across all waterways, lock
structures, lock operation methods, and fish species that will
more fully inform the Corps' operations. Additionally, the
agreement provides $2,000,000 for the NICE effort by the Corps
to expand, on a national basis, the ongoing research on the
impact of reduced lock operations on riverine fish.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--The agreement provides $4,000,000 to
support the structural health monitoring program to facilitate
research to maximize operations, enhance efficiency, and
protect asset life through catastrophic failure mitigation.
Mount St. Helens Sediment Monitoring.--The Corps is
encouraged to include appropriate funding for sediment
monitoring activities in future budget submissions.
National Coastal Mapping Program.--The agreement provides
$5,000,000 for Arctic coastal mapping needs. The Corps has
responsibility for some mapping but, in general, does not
include shoreline. Before the Corps obligates funds to map
shoreline in Alaska, the Assistant Secretary of the Army for
Civil Works shall provide notice to the Committees. The notice
shall include certification that the effort is coordinated with
NOAA and complements those efforts.
Okatibbee Lake, Mississippi.--The agreement reiterates
House direction.
Ohio Harbors.--The Corps is reminded that the Toledo,
Huron, Port Clinton, Lorain, and Sandusky Harbors are eligible
to compete for additional funding in this account.
Performance Based Budgeting Support Program.--Of the
funding provided for this remaining item, $3,500,000 shall be
used to support performance-based methods that enable robust
budgeting of the hydropower program through better
understanding of operation and maintenance impacts leveraging
data analytics.
Recreational Facilities.--The Corps is directed to provide
to the Committees not later than 30 days after enactment of
this Act a report including an analysis of current lease terms
and the effects these terms have on concessionaire financing.
Regional Dredge Contracting.--In accordance with section
1111 of AWIA and the Gulf Coast Regional Dredge Demonstration
Program established by Public Law 116-94, the Corps is
encouraged to enter into regional contracts to support
increased efficiencies in the deployment of dredges for all
civil works mission sets, prioritizing deep draft navigational
projects.
Regional Sediment Management.--The agreement provides
$4,000,000 to develop integrated tools that build coastal
resilience across navigation, flood risk management, and
ecosystem projects within the program, integrate existing and
emerging physical coastal processing tools that focus on
sediment management, and apply optimization principles to
placement in order to gain greater value and benefit from
dredged sediments, particularly for Civil Works business lines
and missions. The Corps is directed to conduct a study and
provide a report to the Committees not later than one year
after enactment of this Act on how the Corps could apply
dredged sediments to better increase coastal resilience and
what resources are needed to implement these practices.
Additionally, the agreement provides $600,000 for cooperation
and coordination with the Great Lakes states to develop
sediment transport models for Great Lakes tributaries that
discharge to federal navigation channels.
Response to Climate Change at Corps Projects.--The
agreement provides $2,000,000 to update policies to enhance the
consideration of benefit categories equally and improve efforts
to identify and consider impacts to disadvantaged, rural/urban,
tribal, and other minority communities throughout the Corps
planning and decision-making processes.
Small, Remote, or Subsistence Harbors.--The agreement
emphasizes the importance of ensuring that our country's small
and low-use ports remain functional. The Corps is urged to
consider expediting scheduled maintenance at small and low-use
ports that have experienced unexpected levels of deterioration
since their last dredging. There is concern that the
Administration's criteria for navigation maintenance
disadvantage small, remote, or subsistence harbors and
waterways from competing for scarce navigation maintenance
funds. The Corps is directed to revise the criteria used for
determining which navigation maintenance projects are funded
and to develop a reasonable and equitable allocation under the
Operation and Maintenance account. There is support for
including criteria to evaluate economic impact that these
projects provide to local and regional economies.
Stakeholder Engagement.--The agreement reiterates House
direction.
Tampa Harbor, Florida.--The agreement reiterates House
direction.
Tangier Island, Beneficial Use.--Additional funding
recommended for Baltimore Harbor and Channels (50 foot) project
is for environmental coordination as well as plans and
specifications to add Tangier Island as a beneficial use
placement site for dredged material.
Tenkiller Ferry Lake.--The Corps' effort to use flows out
of the surge tank to feed the fishery downstream of the
Tenkiller Ferry Lake is encouraging, and the Corps is strongly
encouraged to complete the assessment as soon as possible.
Tuttle Creek Lake, KS.--The additional funding provided is
for Water Injection Dredging efforts.
Upper St. Anthony Falls, Minnesota.--The Corps is reminded
that the Upper St. Anthony Falls project remains an authorized
federal project and is encouraged to continue to operate and
maintain the lock and keep it in a state of good repair. There
is concern that the Corps is attempting to divest the entire
federal project at once without a willing non-federal partner
for the disposition study. The Corps is directed to continue
the disposition study at full federal expense.
Walter F. George, George W. Andrews, and Jim Woodruff Locks
and Dams.--The Corps is reminded that repair and maintenance
needs for the Walter F. George Lock and Dam, the George W.
Andrews Lock and Dam, and the Jim Woodruff Lock and Dam are
eligible to compete for additional funding provided in this
account and is encouraged to include appropriate funding for
these activities in future budget submissions. The Corps is
directed to provide to the Committees not later than 60 days
after enactment of this Act a briefing on these projects and
the status of dredging in the lower Apalachicola River.
Water Control Manuals.--The Corps is encouraged to continue
to update water control manuals across its projects. The
agreement provides additional funding of $5,700,000 in this
account for other authorized project purposes, for water
control manual updates at projects located in states where a
Reclamation facility is also located, in regions where FIRO
projects exist, and where atmospheric rivers cause flood
damages. The agreement also provides $1,000,000 of additional
funding provided in this account for other authorized project
purposes to expand the scope of the water control manual update
prioritization report funded in fiscal year 2020 to other
projects within the Corps portfolio to ensure that actions
being conducted for water control manual updates and
incorporation of FIRO-based principles are properly aligned
with one another.
Water Control Manuals, Section 7 Dams.--The agreement
provides $2,200,000 of additional funding provided in this
account for other authorized project purposes to update water
control manuals for non-Corps owned high hazard dams where: (1)
the Corps has a responsibility for flood control operations
under section 7 of the Flood Control Act of 1944; (2) the dam
requires coordination of water releases with one or more other
high-hazard dams for flood control purposes; and (3) the dam
owner is actively investigating the feasibility of applying
FIRO technology.
Water Operations Technical Support (WOTS).--The agreement
provides $5,000,000 in addition to the budget request to
continue developing and incorporating improved weather
forecasting for Corps reservoirs and waterway projects through
the multiagency, multidisciplinary FIRO research effort by
completing Phase 2 and starting Phase 3. The Corps is
encouraged to consider applying FIRO to additional section 7
dams, including the Seven Oaks Dam in California.
REGULATORY PROGRAM
The agreement includes $218,000,000 for the Regulatory
Program. Funds above the budget request are included to address
capacity needs across the Corps related to staffing shortages
in Corps districts. The Corps is encouraged to budget
appropriately in order to process permits in a timely fashion.
Chehalis Basin.--The agreement reiterates House direction.
Mitigation Banking.--The Corps is encouraged to ensure
sufficient staffing levels to efficiently and expeditiously
process mitigation bank applications.
Permit Application Backlogs.--The agreement reiterates
House direction. The Corps is directed to provide to the
Committees not later than 90 days after enactment of this Act a
report on staffing levels and permit backlogs in each of the
last five years, as well as a plan for rectifying the staffing
shortages. The Corps is directed to brief the Committees on the
results of the report upon completion.
Shellfish Permitting.--The Corps is encouraged to work with
Clean Water Act enforcing agencies to uphold a fair permitting
system that protects the nation's waters and balances the needs
of the economy and communities.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $400,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies. As the nation experiences severe weather
events more frequently, the agreement notes appreciation for
the work the Corps undertakes with this funding. The
Administration is reminded that traditionally, funding for
disaster response has been provided in supplemental
appropriations legislation, including recently in 2021 (Public
Law 117-43), and that amounts necessary to address damages at
Corps projects in response to natural disasters can be
significant. The Administration is again reminded that it has
been deficient in providing to the Committees detailed
estimates of damages to Corps projects as required by Public
Law 115-123 and shall submit such report not later than 15 days
after enactment of this Act and monthly thereafter.
EXPENSES
The agreement includes $215,000,000 for Expenses.
Additional funds recommended in this account shall be used
to support implementation of the Corps' Civil Works program,
including hiring additional full-time equivalents. This
includes developing and issuing policy guidance; managing Civil
Works program; and providing national coordination of and
participation in forums and events within headquarters, the
division offices, and meeting other enterprise requirements and
operating expenses. The Corps is encouraged to pursue updating
the 2011 U.S. Army Manpower Analysis Agency staffing analysis
based on current Civil Works needs.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The agreement
includes legislative language that restricts the availability
of 25 percent of the funding provided in this account until
such time as at least 95 percent of the additional funding
provided in each account has been allocated to specific
programs, projects, or activities. This restriction shall not
affect the roles and responsibilities established in previous
fiscal years of the Office of the Assistant Secretary of the
Army for Civil Works, the Corps headquarters, the Corps field
operating agencies, or any other executive branch agency.
A timely and accessible executive branch in the course of
fulfilling its constitutional role in the appropriations
process is essential. The requesting and receiving of basic,
factual information, such as budget justification materials, is
vital in order to maintain a transparent and open governing
process. The agreement recognizes that some discussions
internal to the executive branch are pre-decisional in nature
and, therefore, not subject to disclosure. However, the access
to facts, figures, and statistics that inform these decisions
are not subject to this same sensitivity and are critical to
the budget process. The Administration shall ensure timely and
complete responses to these inquiries.
Administrative Costs.--To support additional transparency
in project costs, the Secretary is directed to ensure that
future budget requests specify the amount of anticipated
administrative costs for individual projects.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides $7,200,000 for the Water
Infrastructure Finance and Innovation Program Account. Funds
are provided for program development, administration, and
oversight, including but not limited to finalizing the proposed
rule, and publishing the Notice of Funding Availability. The
Administration is strongly encouraged to expeditiously finalize
efforts to stand up the program to provide the financial
assistance envisioned in the legislation. The Corps is directed
to provide to the Committees not later than 30 days after
enactment of this Act a briefing on the status of this effort
and opportunities to expand this program in the future, to
include levees.
General Provisions--Corps of Engineers--Civil
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision funding transfers to the
Fish and Wildlife Service.
The agreement includes a provision regarding certain
dredged material disposal activities. The Corps is directed to
brief the Committees not later than 90 days after enactment of
this Act on dredged material disposal issues.
The agreement includes a provision regarding reallocations
at a project.
The agreement includes a provision prohibiting the use of
funds in this Act for reorganization of the Civil Works
program. Nothing in this Act prohibits the Corps from
contracting with the National Academy of Sciences to carry out
the study authorized by section 1102 of AWIA.
The agreement includes a provision regarding eligibility
for additional funding. Whether a project is eligible for
funding under a particular provision of additional funding is a
function of the technical details of the project; it is not a
policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of the
Civil Works program and for offering professional advice on its
development. Therefore, the provision in this agreement
clarifies that a project's eligibility for additional funding
shall be solely the professional determination of the Chief of
Engineers.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $23,000,000 for the
Central Utah Project Completion Account, which includes
$16,400,000 for Central Utah Project construction, $5,000,000
for transfer to the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation
and Conservation Commission, and $1,600,000 for necessary
expenses of the Secretary of the Interior. The agreement allows
up to $1,880,000 for the Commission's administrative expenses.
This allows the Department of the Interior to develop water
supply facilities that will continue to sustain economic growth
and an enhanced quality of life in the western states, the
fastest growing region in the United States. The agreement
notes commitment to complete the Central Utah Project, which
would enable the project to initiate repayment to the federal
government.
Bureau of Reclamation
In lieu of all House direction regarding additional funding
and the fiscal year 2023 work plan, the agreement includes
direction under the heading ``Additional Funding for Ongoing
Work'' in the Water and Related Resources account. Reclamation
shall provide not later than 120 days after enactment of this
Act a quarterly report to the Committees, which includes the
total budget authority and unobligated balances by year for
each program, project, or activity, including any prior year
appropriations.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,787,151,000 for Water and Related
Resources.
The agreement for Water and Related Resources is shown in
the following table:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Additional Funding for Ongoing Work.--The agreement
includes funds above the budget request for Water and Related
Resources studies, projects, and activities. This funding is
for additional work that either was not included in the budget
request or was inadequately budgeted. Priority in allocating
these funds should be given to advancing and completing ongoing
work, including preconstruction activities and where
environmental compliance has been completed; improving water
supply reliability; improving water deliveries; enhancing
national, regional, or local economic development; promoting
job growth; advancing tribal and non-tribal water settlement
studies and activities; or addressing critical backlog
maintenance and rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $134,000,000 shall be for
water storage projects as authorized in section 4007 of the
Water Infrastructure Improvements for the Nation (WIIN) Act
(Public Law 114-322).
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $50,000,000 shall be for
implementing the Drought Contingency Plan in the Lower Colorado
River Basin to create or conserve recurring Colorado River
water that contributes to supplies in Lake Mead and other
Colorado River water reservoirs in the Lower Colorado River
Basin or projects to improve the long-term efficiency of
operations in the Lower Colorado River Basin, consistent with
the Secretary's obligations under the Colorado River Drought
Contingency Plan Authorization Act (Public Law 116-14) and
related agreements. None of these funds shall be used for the
operation of the Yuma Desalting Plant and nothing in this
section shall be construed as limiting existing or future
opportunities to augment the water supplies of the Colorado
River.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than $17,500,000
shall be for the planning, pre-construction, or construction
activities related to projects found to be feasible by the
Secretary and that are ready to be initiated for the repair of
critical Reclamation canals where operational conveyance
capacity has been seriously impaired by factors such as age or
land subsidence, especially those that would imminently
jeopardize Reclamation's ability to meet water delivery
obligations.
Of the additional funding provided under the heading ``Fish
Passage and Fish Screens'', $6,000,000 shall be for the
Anadromous Fish Screen Program.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$20,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act or as set forth in federal-state
plans for restoring threatened and endangered fish species
affected by the operation of Reclamation's water projects.
Reclamation is directed to provide to the Committees not
later than 45 days after enactment of this Act a report
delineating how these funds are to be distributed, in which
phase the work is to be accomplished, and an explanation of the
criteria and rankings used to justify each allocation.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate heading:
activities authorized under Indian Water Rights Settlements;
aquifer recharging efforts to address the ongoing backlog of
related projects; all authorized rural water projects,
including those with tribal components, those with non-tribal
components, and those with both; conjunctive use projects and
other projects to maximize groundwater storage and beneficial
use; ongoing work, including preconstruction activities, on
projects that provide new or existing water supplies through
additional infrastructure; the last two remaining priority
unscreened diversions on the Sacramento River and high priority
diversions in the San Joaquin River Basin; and activities
authorized under section 206 of Public Law 113-235.
Aging Infrastructure Account.--The agreement does not
support allowing increases or decreases in transfer amounts at
this time. Reclamation is directed to provide to the Committees
a report detailing implementation plans for this program.
Aquatic Ecosystem Restoration Program.--Reclamation is
directed to provide to the Committees not later than 30 days
after enactment of this Act a briefing on the plan to implement
this program.
Aquifer Recharge.--Reclamation is directed to work closely
with project beneficiaries to identify and resolve any barriers
to aquifer recharge projects when appropriate while utilizing
full authority to prioritize funds for ongoing projects through
completion. Of the additional funds provided in this account,
$20,000,000 shall be for Aquifer Storage and Recovery projects
focused on ensuring sustainable water supply and protecting
water quality of aquifers in the Great Plains Region with
shared or multi-use aquifers, for municipal, agricultural
irrigation, industrial, recreation, and domestic users.
Calfed Water Storage Feasibility Studies.--Reclamation is
strongly encouraged to expeditiously complete financial
assistance projects requested by non-federal sponsors of the
Calfed water storage projects that have been under study for
over a decade.
Columbia Basin Project.--Reclamation is urged to move
forward to implement the Odessa Groundwater Replacement Program
to provide farmlands in Central and Eastern Washington with
surface water supply through operational changes in the storage
and delivery system.
Drought Contingency Plans.--Reclamation is encouraged to
provide sufficient funding for activities that support drought
contingency plans to conserve water and reduce risks from
ongoing drought for the Upper and Lower Colorado River basins.
Friant-Kern Canal.--The Secretary is encouraged to include
funding in future budget submissions for construction
activities related to projects found to be feasible by the
Secretary and which are ready to initiate repairs. Reclamation
canals where operational conveyance capacity has been seriously
impaired by factors such as age or land subsidence, especially
those that would imminently jeopardize water delivery
obligations, should be prioritized.
Klamath Basin Project.--Reclamation is encouraged to
continue to collaborate on agreements with state agencies to
support groundwater monitoring efforts in the Klamath Basin.
Lake Powell.--Reclamation is encouraged to work closely
with relevant stakeholders as the current severe drought
situation develops.
Municipal Water Districts.--Reclamation is encouraged to
fully consider water districts that supply water to
municipalities when developing work plans.
Research and Development: Desalination and Water
Purification Program.--Of the funding provided for this
program, $12,000,000 shall be for desalination projects as
authorized in section 4009(a) of the WIIN Act.
Research and Development: Science and Technology Program:
Airborne Snow Observatory Program.--The agreement provides an
additional $4,000,000 for this program, which advances snow and
water supply forecasting, of which at least $1,500,000 shall be
to implement this research at projects.
Research and Development: Science and Technology Program:
Snow Modeling Data Processing.--The agreement provides an
additional $1,500,000 to support Reclamation's efforts to
support the U.S. Department of Agriculture and NOAA's efforts
to improve real-time and derived snow water equivalent
information such that it can be immediately used for water
resources decision-making.
Rural Water Projects.--Reclamation is reminded that
voluntary funding in excess of legally required cost shares for
rural water projects is acceptable, but shall not be used by
Reclamation as a criterion for allocating additional funding
provided in this agreement or for budgeting in future years.
Rural Water Project--Dry-Redwater, Montana.--Reclamation is
strongly encouraged to engage with the Dry-Redwater Regional
Water Authority to complete the feasibility study for the
project authorized in PL 116-260.
Salton Sea.--The agreement reiterates House direction.
Salton Sea Restoration.--Reclamation is encouraged to
partner with federal, state, and local agencies and coordinate
use of all existing authorities and funding sources to support
the State of California's Salton Sea Management Program and
reduce the likelihood of severe health and environmental
impacts and to include appropriate funding for these efforts in
future budget submissions.
San Joaquin River Restoration.--Permanent appropriations
should not supplant continued annual appropriations.
Reclamation is encouraged to include adequate funding in future
budget requests.
St. Mary's Diversion Dam and Conveyance Works.--Reclamation
is urged to continue working with local stakeholders to
complete its ability to pay study for the rehabilitation of the
St. Mary's Diversion Dam. Further, Reclamation is encouraged to
complete its work to develop a Milk River Project model as
expeditiously as possible.
Tualatin Project, Scoggins Dam, Oregon.--Reclamation is
urged to expediently complete the dam safety modification
report.
Water Treatment Pilots.--Reclamation is encouraged to look
for innovative and cost-effective ways to evaluate treatment
solutions in advance of significant infrastructure investments,
including pilots for water treatment projects.
WaterSMART Program: Drought Responses & Comprehensive
Drought Plans.--The agreement provides an additional
$10,000,000 for this program for authorized drought response
activities in the California and Oregon Klamath Basin.
WaterSMART Program: Open Evapotranspiration System.--The
fiscal year 2022 Act directed Reclamation to provide a briefing
on the potential application of the Open Evapotranspiration
system to Reclamation missions. Reclamation is directed to
provide it not later than 15 days after enactment of this Act.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--Of the additional funding provided for this program,
not less than $20,000,000 shall be for water recycling and
reuse projects as authorized in section 4009(c) of the WIIN
Act.
Yakima River Basin Water Enhancement Project, Washington.--
Reclamation is encouraged to budget appropriately for this work
in order to move forward on implementing authorized components
of the plan and is reminded that activities within this program
are eligible to compete for additional funds provided in this
account.
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides an indefinite appropriation, which
allows Reclamation to expend funds collected in fiscal year
2023. The estimate of collections in fiscal year 2023 is
$45,770,000.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $33,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $65,079,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting Reclamation to
purchase not more than thirty passenger vehicles for
replacement only.
General Provisions--Department of the Interior
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding section
9504(e) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11).
The agreement includes a provision regarding the Calfed
Bay-Delta Authorization Act.
The agreement includes a provision regarding section
9106(g)(2) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision regarding WRDA of 2000
(Public Law 106-541).
The agreement includes a provision prohibiting the use of
funds in this Act for certain activities.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $46,243,359,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Reprogramming Requirements
The agreement carries the Department's reprogramming
authority in statute to ensure that the Department carries out
its programs consistent with congressional direction. The
Department shall, when possible, submit consolidated,
cumulative notifications to the Committees.
Definition.--A reprogramming includes the reallocation of
funds from one program, project, or activity to another within
an appropriation. For construction projects, a reprogramming
constitutes the reallocation of funds from one construction
project to another project or a change of $2,000,000 or 10
percent, whichever is less, in the scope of an approved
project.
Financial Reporting and Management
The Department is still not in compliance with its
statutory requirement to submit to Congress, at the time that
the President's budget request is submitted, a future-years
energy program that covers the fiscal year of the budget
submission and the four succeeding years, as directed in the
fiscal year 2012 Act. While the Committees appreciate the small
progress of including some information in the budget request,
the information provided was inadequate because it clearly was
not a ``meaningful and comprehensive multi-year budget'' as
required. In addition, the Department has an outstanding
requirement to submit a plan to become fully compliant with
this requirement. The Department is directed to provide these
requirements not later than 30 days after enactment of this
Act. The Department may not obligate more than 75 percent of
amounts provided to the Office of the Secretary until the
Department briefs the Committees on options for ways to provide
future-years energy program information.
Commonly Recycled Paper.--The agreement reiterates House
direction on this topic.
Congressional Reporting Requirements.--The Department is
directed to provide quarterly updates to the Committees on
congressional reporting requirements. Further, the Department
is directed to provide all congressionally required reports
digitally in addition to traditional correspondence.
SBIR and STTR Programs.--The agreement reiterates House
direction on this topic.
Mortgaging Future-Year Awards.--The agreement reiterates
House direction on this topic.
General Plant Projects.--The agreement reiterates House
direction on this topic.
Competitive Procedures.--The agreement reiterates House
direction on this topic.
Cost Share Waivers.--The agreement reiterates House
direction on this topic.
Notification of Funding Availability.--The agreement
includes no direction on this topic.
WORKFORCE DEVELOPMENT AND DIVERSITY
Workforce Development.--The agreement reiterates House
direction on this topic.
The Department is encouraged to prioritize training and
workforce development programs that assist and support workers
in trades and activities required for the continued growth of
the U.S. energy efficiency and renewable energy sectors,
including training programs focused on building retrofit, the
construction industry, and the electric vehicle industry. The
Department is encouraged to continue to work with 2-year,
community and technical colleges, labor, and nongovernmental
and industry consortia to pursue job training programs,
including programs focused on displaced fossil fuel workers,
that lead to an industry-recognized credential in the renewable
energy and energy efficiency workforce. The agreement
recognizes the Department's collaborations with the Department
of Defense to address national security priorities including
climate change and electric infrastructure. The agreement
recognizes the Department's individual education and workforce
development programs relating to the intersection of national
security and energy but encourages interdepartmental
coordination on the creation or modification of these programs.
CROSSCUTTING INITIATIVES
Carbon Dioxide Removal.--The agreement provides not less
than $140,000,000 for research, development, and demonstration
of carbon dioxide removal technologies, including not less than
$20,000,000 from the Office of Energy Efficiency and Renewable
Energy (EERE), not less than $70,000,000 from Office of Fossil
Energy and Carbon Management (FECM), and not less than
$50,000,000 from the Office of Science.
The Department is encouraged to carry out activities under
the Carbon Dioxide Removal Research, Development, and
Demonstration Program authorized in section 5001 of the Energy
Act of 2020. The Department is directed to coordinate these
activities among FECM, EERE, the Office of Science, and any
other relevant program offices or agencies, including the
Environmental Protection Agency and Department of Agriculture.
The agreement reiterates House direction on the development
of diverse carbon management technologies and methods.
The agreement reiterates House direction on the development
and commercialization of carbon dioxide removal technologies at
significant scale.
The agreement reiterates House direction on the carbon
removal implementation plan and the roles and responsibilities
of each program participating in the implementation plan.
The Department is directed to establish a competitive
purchasing pilot program for the purchase of carbon dioxide
removed from the atmosphere or upper hydrosphere, in support of
carbon dioxide removal projects authorized in section 969D of
the Energy Policy Act of 2005.
Critical Minerals and Materials.--The agreement provides
not less than $248,500,000 for research, development,
demonstration, and commercialization activities on the
development of alternatives to, recycling of, and efficient
production and use of critical minerals and materials,
including not less than $112,000,000 from EERE, not less than
$50,000,000 from FECM, not less than $25,000,000 from the
Office of Science, and not less than $61,500,000 from the
Office of Nuclear Energy (NE).
The agreement reiterates House direction on university
initiatives for critical mineral extraction; the Critical
Materials Institute and the Critical Materials Consortium; the
Critical Materials Supply Chain Research Facility; and
workforce needs in critical minerals and materials industries.
The Department is encouraged to carry out these activities
pursuant to sections 7001 and 7002 of the Energy Act of 2020.
Energy Storage.--The agreement provides not less than
$540,000,000 for research, development, demonstration,
commercialization, and deployment of energy storage, including
not less than $347,000,000 from EERE, not less than $95,000,000
from the Office of Electricity (OE), not less than $5,000,000
from FECM, not less than $10,000,000 from NE, and not less than
$83,000,000 from the Office of Science.
The Department is directed to carry out these activities in
accordance with sections 3201 and 3202 of the Energy Act of
2020.
The agreement notes support for the Department's Energy
Storage Grand Challenge (ESGC) and Long-Duration Storage Shot
Initiatives, which includes cost-shared demonstrations of
energy storage technologies.
Energy-Water Nexus.--The agreement reiterates House
direction on this topic.
Industrial Decarbonization.--The agreement provides not
less than $685,000,000 for industrial decarbonization
activities, including not less than $420,000,000 from EERE, not
less than $200,000,000 from FECM, and not less than $65,000,000
from the Office of Science. The Department is directed to
establish the Industrial Emissions Reduction Technology
Development Program authorized in section 6003 of Public Law
116--206 for clean industrial research, development, and
demonstrations that are both sector-specific and technology-
inclusive. The program shall coordinate with EERE, FECM, the
Office of Science, Office of Clean Energy Demonstrations, and
other relevant program offices. Not later than 60 days after
enactment of this Act, the Department is directed to detail on
how it will improve coordination and align different program
offices to implement the recently released Industrial
Decarbonization Roadmap strategy, including who within the
Department will lead this work. The funds provided are for the
development of a suite of technologies to strengthen the
competitiveness of America's industrial sector, with an
emphasis on heavy industrial sectors, including iron, steel,
steel mill products, aluminum, cement, concrete, glass, pulp,
paper, industrial ceramics, and chemicals. Within available
funds, the agreement provides not less than $25,000,000 for
clean heat alternatives for industrial processes.
Further, the agreement notes a lack of coordination across
the Department regarding Industrial Decarbonization activities.
Not later than 60 days after enactment of this Act, the
Department is directed to detail on how it will improve
coordination and align different program offices to implement
the recently released Industrial Decarbonization Roadmap
strategy, including who within the Department will lead this
work. The Department is encouraged to specify the value-added
roles that distinct federal funding streams will play in
achieving the emissions reduction goals of the Industrial
Decarbonization Roadmap, including across the Department's
program offices.
Alternative Modes of Transportation.--The agreement notes
the Department's ongoing efforts to develop technologies and
low carbon fuels that will reduce emission in shipping,
aviation, agricultural, and long-distance transportation.
The agreement provides not less than $380,000,000 to
further the research, development, testing, and demonstration
of innovative technologies and solutions for low- or no-
emission alternative fuels for ongoing efforts to develop
technologies and low carbon fuels that will reduce emission in
shipping, aviation, agricultural, and long-distance
transportation. This funding level includes not less than
$300,000,000 from EERE, not less than $35,000,000 from FECM,
not less than $35,000,000 from OE, and not less than
$10,000,000 from the Office of Science.
Further, there are technologies that will reduce emissions
in existing locomotive fleets, such as different blends of
renewable diesel and biodiesel, as well as to accelerate the
commercial viability of innovative technologies and
alternatives to traditional diesel fuel, including batteries
and hydrogen fuel cells. The agreement notes that hastening the
availability of low- and no-carbon alternatives to diesel fuel
for locomotives will be essential to addressing climate change
while also meeting our nation's projected 50 percent growth in
freight transportation demand by 2050. Further, the agreement
notes that the decarbonization of the rail industry will be
essential to achieving a net-zero emissions economy as rail
will continue to play a vital role in such a broad cross-
section of industrial economic sectors well into the future.
Further, the Department is encouraged to accelerate its work on
sustainable aviation fuels, with a focus getting feedstocks and
biorefining processes for net-zero emission fuels into
demonstration as it works to meet the goals of the Sustainable
Aviation Fuel Grand Challenge. The Department is encouraged to
develop a clear framework for evaluating the emissions
reduction potential of different sustainable aviation fuel
pathways and to prioritize research and development of fuels
with the greatest potential to reduce GHG emissions while
avoiding unintended consequences on forests and food supply
chains. The Department is encouraged to work with other federal
agencies and the national labs to coordinate efforts to advance
sustainable aviation fuels.
DOE and USDA Interagency Working Group.--The agreement
reiterates House direction on this topic.
Fluoropolymers.--The agreement reiterates House direction
on this topic.
Grid Modernization.--The agreement reiterates House
direction on this topic.
The Department is directed to develop a plan for a pipeline
of students, graduates, and professors to sustain a robust grid
modernization research, design, and operations capability over
the long-term.
Further, the agreement notes the value of a diverse range
of clean distributed energy resources, and the Department is
encouraged to evaluate opportunities to deploy multi-resource
microgrids that incorporate dispatchable, fuel-flexible,
renewable fuel-compatible, distributed generation technologies,
including but not limited to linear generator technology,
paired with variable output renewable resources and battery
storage technology, in order to simultaneously achieve
substantial carbon and criteria emissions reductions, ensure
multi-day resilience, and improve energy security and
independence.
Harmful Algal Blooms.--The agreement reiterates House
direction on this topic.
Hydrogen.--The Department is directed to coordinate its
efforts in hydrogen energy and fuel cell technologies across
EERE, FECM, NE, OE, the Office of Science, the Office of Clean
Energy Demonstrations, the Advanced Research Projects Agency--
Energy, and any other relevant program offices to maximize the
effectiveness of investments in hydrogen-related activities.
The agreement provides not less than $316,000,000 for the
Hydrogen crosscut, including not less than $163,000,000 from
EERE, not less than $113,000,000 from FECM, not less than
$23,000,000 from NE, and not less than $17,000,000 from the
Office of Science.
The agreement provides not less than $15,000,000 for
technologies to advance hydrogen use for heavy-duty
transportation, industrial, and hard-to-electrify
transportation applications including trains, maritime
shipping, and aviation.
Integrated Energy Systems.--The agreement reiterates House
direction on this topic.
Landfill Emissions.--The agreement reiterates House
direction on this topic.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
The agreement provides $3,460,000,000 for Energy Efficiency
and Renewable Energy.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement supports the budget request for the
Communities to Clean Energy Program.
Aquatic Decarbonization.--The agreement provides not less
than $40,000,000 for crosscutting efforts that will contribute
to multiple areas of ocean- and water-based energy technologies
and include support for research, development, and
infrastructure that leverages the Department's existing ocean-
based assets and infrastructure. The Department is directed to
provide to the Committees prior to the obligation of these
funds a detailed spending plan highlighting which offices are
contributing to this effort and the planned investments in
research, development, and deployment, including infrastructure
needs.
Database of State Incentives for Renewables and
Efficiency.--The Department is directed to support needed
security and software upgrades for the Database of State
Incentives for Renewables and Efficiency (DSIRE), a program
that provides U.S. homeowners, businesses, policymakers, and
others with vital information relating to clean energy
incentives and policies across the country.
Energy Transitions Initiative.--The agreement provides not
less than $15,000,000 for the Energy Transitions Initiative
(ETI), including the Technology-to-Market and Communities
subprogram, to support initiatives to address high energy
costs, reliability and inadequate infrastructure challenges
faced by island and remote communities. The Department is
directed to support stakeholder engagement and capacity
building and reiterates House direction on community-based
initiatives. Additionally, the agreement notes that without a
plan to support communities that have or are receiving
technical assistance through cohorts 1 and 2, the federal
investment risks being stranded. The Department should provide
some level of support and program continuity for these
communities from locally relevant technical assistance
providers. To facilitate improvement of this initiative, the
Department is directed to provide to the Committees not later
than 90 days after enactment of this Act a report detailing: 1)
current status of projects supported through this program; 2)
plans to ensure ETIPP program continuity and follow-up support
through regional project partners; 3) offboarding processes for
cohorts 1 and 2 as well as how the offboarding processes build
a pipeline of projects for other programs in the Department; 4)
plans for recruiting and supporting a third cohort of
communities; and 5) recommendations on the inclusion of
additional geographies supported with additional regional
partners.
Workforce Development.--The agreement provides $5,000,000
to support expanding efforts to include students from
underserved institutions in the technology development programs
within the Department's portfolio of manufacturing, solar,
transportation and grid/energy storage through a university
which has existing partnerships with several Historically Black
Colleges and Universities and Minority Serving Institutions,
and participants in several Departmental applied energy
research programs.
The Department is encouraged to continue to work with two-
year, community and technical colleges; labor; and
nongovernmental and industry consortia to pursue job training
programs, including programs focused on displaced fossil fuel
workers, that lead to an industry-recognized credential in the
energy workforce. The Department is encouraged to update and
publish on its website the list of credentials that are
recognized by the Department through its Better Buildings
Workforce Guidelines and additional credentials that are
relevant to designing, building, and operating building energy
systems.
University Research Consortium on Resilience.--In fiscal
year 2021 and fiscal year 2022, the agreement directed
$20,000,000 in total for a competitive solicitation which the
Department was expected to release in Fall 2022. The Department
is directed to release the funding opportunity and award funds
expeditiously.
SUSTAINABLE TRANSPORTATION
The agreement provides not less than $35,000,000 to
continue the SuperTruck III vehicle demonstration program and
further address the energy efficiency, carbon dioxide emissions
reduction potential, and freight efficiency of heavy and medium
duty long- and regional-haul vehicles.
Vehicle Technologies.--The Department is encouraged to
prioritize projects in states where the transportation sector
is responsible for a higher percentage of the state's total
energy consumption and is the largest source of greenhouse
gases.
Within available funds, the agreement supports a
solicitation to further develop and demonstrate advanced
wireless charging technologies, including charging coils, that
reduce cost and improve performance of wireless power transfer
and to demonstrate opportunity wireless vehicle charging in
northern climates, in areas with high ratio of renewable energy
deployment.
The agreement provides up to $250,000,000 for Battery and
Electrification Technologies.
The Vehicle Technologies Office is encouraged to prioritize
recycling funding awards for projects that demonstrate
recycling of all battery components, including casings and
enclosures made from plastics and polymer composites.
The agreement provides $10,000,000 for research and
development of engine architectures that integrate low-carbon
fuels like ethanol and biodiesel, including the performance of
these engines on higher blends of renewable fuels.
The agreement provides up to $25,000,000 to advance energy
efficiency and low-emission technologies for off-road
application vehicles, including up to $5,000,000 for fluid
power systems. The Department is directed to prioritize
applications in ports, warehouses, and railyards. These funds
shall be awarded through a competitive solicitation in which
university and industry teams are eligible to apply.
The agreement provides not less than $100,000,000 for
Technology Integration and Deployment.
Within available funds for Technology Integration and
Deployment, the agreement provides not less than $10,000,000 be
made available to advance the development and demonstration of
technologies for electric aircraft for the cargo and logistics
industry with the dual purpose of supporting electric delivery
trucks.
The Department is directed to continue to support the Clean
Cities alternative fuels deployment program focused on vehicles
that can deliver lower greenhouse gas emissions and meet
customer needs, which can include vehicles powered by biofuels,
electricity, hydrogen, natural gas, renewable natural gas,
propane, and renewable propane. Within available funds, the
agreement provides not less than $65,000,000 for deployment
through the Clean Cities program, including not less than
$20,000,000 in direct cooperative agreements with the Clean
Cities Coalitions and not less than $40,000,000 for competitive
grants to support alternative fuel, infrastructure, new
mobility, and vehicle deployment activities. When issuing
competitive grants in support of these activities, the
Department is encouraged to include some awards that range from
$500,000 to $1,000,000 each and encourage at least one Clean
Cities coalition partner. The Department is encouraged to
ensure balance in the award of funds to achieve varied aims in
fostering broader adoption of clean vehicles and installation
of supporting infrastructure. The Department is encouraged to
prioritize projects that can contribute the greatest reductions
in lifecycle greenhouse gases and other harmful air pollutants.
The Department is encouraged to work with the Department of
Transportation and industry on coordinating efforts to deploy
electric vehicle (EV) charging infrastructure. The Department
is encouraged to explore ways in which the Clean Cities Program
can leverage funding to provide greater support, including
through grants, technical assistance, and community engagement,
for clean fuels and vehicles in underserved or disadvantaged
communities so they can benefit from the emissions reductions
and public health benefits delivered by electrification.
The agreement provides not less than $5,000,000 for
electric vehicle workforce development activities. The
Department is encouraged to build upon its existing
partnerships with the GridEd workforce training program to
advance a national electric vehicle workforce. The Department
is encouraged to include engagement with the electric industry;
auto industry; labor unions; university and community colleges,
including Historically Black Colleges and University and other
Minority Serving Institutions; and training institutes.
The agreement reiterates House direction on the report
directed by the fiscal year 2022 Act on challenges in cost-
effective and safe operation of vehicles. The Department is
directed to coordinate with the Department of Transportation
and the Joint Office of Energy and Transportation to develop a
roadmap for electric vehicle transition and workforce training.
The Department is also directed to coordinate with the Clean
Cities Program, the Department of Transportation, and the Joint
Office of Energy and Transportation to ensure all activities
are aligned to meet the goals of widespread adoption of
electric vehicles.
The agreement provides not less than $54,000,000 for Energy
Efficient Mobility Systems, including not less than $34,000,000
to conduct early-stage research and development at the vehicle,
traveler, and system levels and not less than $20,000,000 for
pilot and demonstration projects pairing self-driving
technology with zero-emission vehicles to help ensure mobility
does not come at the cost of increased tailpipe pollution.
The agreement provides up to $10,000,000 to improve 12-volt
lead batteries for safety-critical electric vehicle
applications.
The agreement provides $10,000,000 for novel engine designs
that can achieve significant efficiency improvements in
hydrogen combustion. The Department is encouraged to support
research and development for hydrogen combustion by two-stroke
opposed piston engines.
The Department is encouraged to work with the Department of
Transportation and industry on coordinating efforts to deploy
hydrogen fueling infrastructure.
The Department, in coordination with the Joint Office of
Energy and Transportation, is encouraged to assess if the
capacity of electricity distribution can meet anticipated
electricity demand at proposed charging locations. The
Department is encouraged to consult with stakeholders and
entities tasked with overseeing the U.S. electric grid in this
assessment.
The Department, in coordination with the Environmental
Protection Agency, is encouraged to consider the benefits of a
competitive voucher program to continue improving the energy
efficiency of commercial long-haul vehicles with active
emission-reducing technology.
The agreement provides up to $5,000,000 for research on
direct injection, engine technology, and the use of dimethyl
ether as fuel.
The agreement provides up to $10,000,000 to address
technical barriers to the increased use of natural gas
vehicles, with a focus on those utilizing non-fossil based,
renewable natural gas. Technical barriers include
demonstrations of advanced natural gas vehicles and fueling
infrastructure, medium and heavy duty on-road natural gas
engine research and development, energy efficiency
improvements, emission reduction technologies, fueling
infrastructure optimization, and renewable gas production
research and development.
The Department is directed to prioritize recycling funding
awards for projects that demonstrate recycling of all battery
components, including casings and enclosures made from plastics
and polymer composites.
The Department is directed to prioritize funding and
technical assistance through its grant programs for electric
vehicle car share programs at public housing facilities.
The Department is directed, in coordination with the
Department of Transportation and the Joint Office of Energy and
Transportation, to focus on increasing availability of and
access to publicly accessible charging infrastructure that can
support both personal vehicle uses and ride-share services,
particularly in underserved or disadvantaged communities that
lack convenient access to such infrastructure.
The Department is encouraged in its position in the Joint
Office of Energy and Transportation to increase deployment and
accessibility of electric vehicle charging infrastructure in
underserved or disadvantaged communities through grants,
technical assistance, and community engagement and to address
``soft costs'' of installing EV charging infrastructure, such
as permitting and interconnection challenges, to accelerate
deployment. The Department is encouraged to develop and submit
a roadmap to the Committees to provide voluntary technical
assistance to municipalities aimed at reducing the time and
costs for permitting, inspecting, and interconnecting publicly
available EV supply equipment through standardized
requirements, online application systems, recognition programs,
and technical assistance.
Bioenergy Technologies.--The agreement supports research to
develop the foundation for scalable techniques to use carbon
dioxide produced in various plants, such as in biorefineries,
to produce higher value fuels, chemicals, or materials.
The agreement provides up to $5,000,000 for continued
support of the development and testing of new domestic
manufactured low-emission, high-efficiency, residential wood
heaters that supply easily accessed and affordable renewable
energy and have the potential to reduce the national costs
associated with thermal energy.
The agreement provides not less than $44,000,000 for
feedstock technologies research and the Biomass Feedstock
National User Facility and $40,000,000 for algae-related
activities.
The agreement provides not less than $23,000,000 for the
Agile BioFoundry to accelerate the Design-Build-Test-Learn
cycle for biofuels and bioproducts with a focus on sustainable
aviation fuels.
The agreement provides not less than $100,000,000 for
Conversion Technologies. Within available funds for Conversion
Technologies, the agreement provides $5,000,000 to demonstrate
the use of and improve the efficiency of community-scale
digesters with priority given for projects in states and tribal
areas that have adopted statutory requirements for the
diversion of a high percentage of food material from municipal
waste streams.
The agreement provides up to $6,000,000 to support
research, at commercially relevant processing scales, into
affordable preprocessing of forest residue technologies, forest
residue fractionation technologies, and other processing
improvements relevant to thermal deoxygenation biorefineries in
order to enable economic production of sustainable aviation
fuels and economic upgrading of hemicelluloses and lignin.
The agreement provides not less than $70,000,000 for System
Development and Integration, including for demonstration
activities. The agreement reiterates House direction on
feedstocks and biorefining processes for sustainable aviation
fuels.
The Department is directed to address research challenges
to maximize use of atmospheric carbon dioxide, including in
highly alkaline conditions to maximize carbon capture. This
research shall aim to eliminate the requirement for co-location
of algal production facilities with power plants or costly,
low-volume pipelines; increase algal productivity levels; and
lower the cost of biofuel production.
Hydrogen and Fuel Cell Technologies.--The Department is
directed to maintain a diverse program that focuses on early-,
mid-, and late-stage research and development and technology
acceleration, including market transformation.
The agreement provides not less than $100,000,000 for
H2@Scale.
The agreement provides not less than $60,000,000 for
technologies to advance hydrogen use for hard-to-electrify
transportation applications, including trains, maritime
shipping, and aviation.
The agreement provides up to $30,000,000 for Fuel Cell
Technologies.
The agreement provides $10,000,000 for perovskites and
other catalysts and catalyst supports for hydrogen carriers.
The Department should prioritize efforts that couple
computational modeling, experimental characterization, and
controlled synthesis, along with durability and degradation
science. The Department is encouraged to prioritize efforts
that include partnerships between at least one academic partner
and one national laboratory.
The agreement provides not less than $10,000,000 for solar
fuels research and development for hydrogen generation. The
Department is encouraged to leverage research and technology
advances from the Fuels from Sunlight Hub.
The agreement supports the Department's continued
activities for high temperature electrolyzer development and
integrated pilot level technology testing and validation,
including at national laboratories.
The agreement reiterates House direction on alkaline and
proton exchange membrane (PEM) electrolyzers.
The Department is directed to continue to consider the
economic and environmental impacts of various modes used to
transport hydrogen in its decision-making process.
The Department is directed to prioritize opportunities to
advance a network of pipelines to reliably deliver adequate
supplies of hydrogen for end users.
The Department is directed to continue efforts aimed at
reducing the cost of hydrogen production, storage, and
distribution including novel onboard hydrogen tank systems,
trailer delivery systems, and development of systems and
equipment for hydrogen pipelines.
The agreement provides not less than $15,000,000 for
Safety, Codes, and Standards to maintain a robust program and
engage with state and local agencies to support their technical
needs relative to hydrogen infrastructure and safety.
RENEWABLE ENERGY
The agreement provides up to $5,000,000 for the Wind Energy
Technologies Office and the Water Power Technologies Office to
support university-led research projects related to resource
characterization, site planning, aquaculture assessments,
community outreach, and planning for long term environmental
monitoring for applications of marine energy and floating
offshore wind technologies to support sustainable, scalable
aquaculture production.
Solar Energy Technologies.--The agreement provides not less
than $60,000,000 for Concentrating Solar Power Technologies and
not less than $77,000,000 for Photovoltaic Technologies.
The agreement provides not less than $45,000,000 for
Balance of System Soft Costs efforts focused on reducing the
time and costs for permitting, inspecting, and interconnecting
distributed solar and storage projects installed behind the
customer's meter through standardized requirements, online
application systems, and grant awards to localities which
voluntarily adopt the Solar Automated Permit Processing
platform.
The agreement provides up to $40,000,000 to continue and
expand work to lower barriers to solar adoption for low-income
households, renters, multifamily homes, and minority
communities. The Department is encouraged to explore and
provide resources on financing and business models that are
well-suited to these households and communities.
The agreement provides not less than $5,000,000 for the
National Community Solar Partnership program.
The agreement provides up to $10,000,000 for technology
development, testing and verification of technologies that help
solar energy projects avoid, minimize, and mitigate impacts on
wildlife and ecosystems, including through improved scientific
research into avian-solar interactions.
The agreement provides not less than $55,000,000 for
Systems Integration and not less than $70,000,000 for
Manufacturing and Competitiveness.
The agreement provides not less than $25,000,000 for
research, development, demonstration, and commercial activities
related to cadmium telluride (CdTe). This work shall align with
the goals of the technology roadmap for research: reducing CdTe
module manufacturing costs, addressing supply chain challenges,
achieving greater cell and module efficiency, cutting CdTe
solar costs while extending solar panel life, and increasing
the global market share of domestically produced photovoltaics.
The agreement provides not less than $25,000,000 for
perovskites.
The Department is directed to support the development of
small-scale pilot manufacturing plants for perovskite
photovoltaics. The Department is encouraged to issue awards to
commercial-ready solar perovskite entities that are prepared to
scale up solar technologies.
The agreement notes support for the recently established
Perovskite Accelerator for Commercializing Technologies (PACT)
Center, which has been established for testing the durability
of perovskite photovoltaics. The Department is encouraged to
consider establishment of a companion research accelerator to
advance the underpinnings of the technology, following the
model established for the CdTe Consortium that was announced by
the Department in 2020. A perovskite R&D accelerator could be
focused on nucleation and degradation, the science of inherent
material stability, new substrates, energy loss mechanisms,
ultra-high efficiency bifacial and tandem devices, and
inherently scalable production methods such as solution
processing and roll-to-roll manufacturing.
The Department is directed to continue supporting the
regional demonstration sites under the Solar Energy
Technologies Office.
Wind Energy Technologies.--The agreement provides not less
than $13,000,000 for distributed wind technologies.
The Department is directed to give priority to stewarding
the assets and optimizing the operations of the Department-
owned wind energy research and development facilities. The
Department should continue to prioritize mission readiness and
optimization of the operations of the National Wind Technology
Center. The agreement provides not less than $5,000,000 for
research and operations of the Integrated Energy System at
Scale, a large-scale research platform using high-performance
computing, modeling and simulation, including improved models
that can be used to understand atmospheric and wind power plant
flow physics, and reliability and grid integration efforts.
The agreement provides up to $30,000,000 to initiate the
establishment of a university-based development and testing
facility capable of supporting industrial prototyping and
manufacturing of turbine systems capable of producing upwards
of 30 megawatts of power per unit. The Department is further
directed to support the accompanying electric grid integration
of these offshore wind turbine capabilities.
The agreement provides not less than $65,000,000 for
offshore wind. The Department is directed to support innovative
offshore wind demonstration projects to optimize their
development, design, construction methods, testing plans, and
economic value proposition. Within available funds for offshore
wind, the agreement provides not less than $6,000,000 for
advanced technology demonstration of floating offshore wind
projects.
Within available funds for offshore wind, the agreement
provides up to $6,000,000 for Centers of Excellence focused on
the offshore wind energy engineering, infrastructure, supply
chain, transmission, and other pertinent issues required to
support offshore wind in the United States.
Within available funds for offshore wind, the agreement
provides not less than $30,000,000 for floating offshore
research, development, and demonstration, including activities
to facilitate interconnection between offshore generation
facilities and the grid.
The Department is encouraged to continue to support
research and development related to siting and environmental
permitting issues, which if not properly addressed may lead to
unnecessary delays in achieving the national goal to deploy 30
gigawatts of offshore wind generation by 2030. In considering
research and development funding related to siting and
environmental permitting issues, the Department shall
prioritize the development of technologies and capabilities
related to minimizing impacts to coastal communities, federal
radar missions, and living marine resources.
The Department is encouraged to continue focusing efforts
with non-profit and academic partners to conduct coastal
atmospheric boundary layer characterization that will help
optimize and inform efforts of the Department of Interior's
Bureau of Ocean Energy Management and assist the growing
domestic coast wind energy industry.
Water Power Technologies.--The agreement provides not less
than $59,000,000 for Hydropower Technologies and not less than
$120,000,000 for Marine Energy. The Department is encouraged to
utilize existing authorities to waive cost share for water
power technologies research, development, demonstration, and
deployment activities.
The agreement provides up to $10,000,000 for demonstration
of a modular pumped storage project. The agreement provides up
to $35,000,000 to expand the HydroWIRES program to enhance the
flexibility of America's hydropower and pumped storage
hydropower resources, including support for research,
development, and demonstration to advance pumped storage
hydropower projects. The Department is encouraged to continue
efforts that support and demonstrate increased grid reliability
and integration of other renewable energy resources, including
applications to optimally integrate small hydropower with
advancements in battery storage and other grid services.
The agreement provides up to $10,000,000 to continue
industry-led research, development, demonstration, and
deployment efforts of innovative technologies for fish passage
and invasive fish species removal at hydropower facilities, as
well as analysis of hydrologic climate science and water basin
data to understand the impact of climate change on hydropower.
The agreement provides up to $5,000,000 for innovative
analytics to optimize hydropower applications such as machine
learning-based hydrologic forecasts and operations optimization
technology advancement.
The agreement provides up to $15,000,000 for small
hydropower innovation, testing, and initiatives, including
industry-led competitive solicitations for advanced turbine
demonstrations; improved environmental performance;
standardized or modular project deployment applications; and
advanced manufacturing and supply chain innovations. The
Department is encouraged to support innovative analytics to
optimize hydropower applications such as machine learning-based
hydrologic forecasts and operations optimization technology
advancement.
The agreement provides up to $10,000,000 for design and
engineering based on the outcome of the Department's ongoing
scoping activities toward a network of hydropower testing
facilities. The fiscal year 2022 Act directed the Department to
provide a briefing on its strategy for establishing these
facilities. The Department is directed to provide it not later
than 30 days after enactment of this Act.
The agreement provides up to $5,000,000 for irrigation
modernization demonstration and deployment activities including
physical sites and digital tools that advance energy, water,
environmental, community, and agricultural benefits.
The agreement provides up to $10,000,000 for the purposes
of sections 242 and 243 of the Energy Policy Act of 2005 as
being carried out by the Grid Deployment Office.
Within available funds for Marine Energy, the agreement
provides not less than $50,000,000 for industry-led competitive
solicitations to increase energy capture, improve reliability,
and to assess and monitor environmental effects of marine
energy systems and components at a variety of scales, including
full-scale prototypes. Within available funds for Marine
Energy, the agreement provides up to $20,000,000 for
continuation of foundational research activities led by
universities and research institutions affiliated with the
National Marine Energy Centers. Within available funds for
Marine Energy, the agreement provides up to $10,000,000 for
operations at the National Marine Energy Centers in order to
accelerate the transition of marine energy technologies to
market.
Within available funds for Marine Energy, the agreement
provides not less than $27,000,000 address infrastructure needs
at marine energy technology testing sites, including general
plant projects and planning activities for the staged
development of an ocean current test facility and upgrades to
facilities that provide cost effective open water access for
prototype testing. Within available funds for infrastructure
needs at marine energy technology testing sites, the agreement
provides up to $5,000,000 for the development and construction
of an open water, fully energetic, grid connected ocean current
energy test facility, not less than $5,000,000 for general
purpose plant projects, and not less $22,000,000 to complete
construction of the grid connected wave energy test facility.
The agreement provides not less than $5,000,000 for the
Department's Marine and Coastal Research Laboratory. The
agreement provides up to $8,000,000 for continuation of the
Testing Expertise and Access for Marine Energy Research
initiative. The agreement supports the Atlantic Marine Energy
Center. The Department is directed to continue to coordinate
with the U.S. Navy and other federal agencies on marine energy
technology development for national security and other
applications.
The agreement provides $24,000,000 for the Powering the
Blue Economy initiative. The Department is directed to continue
leveraging existing core capabilities at national laboratories
to execute this work, in partnership with universities and
industry.
The Department is encouraged to use its cost share waiver
authority under section 988 of the Energy Policy Act of 2005,
when applicable and as appropriate, for water power technology
research, development, demonstration, and deployment
activities.
The agreement recognizes the challenges of decarbonizing
remote communities and the maritime sector. The Department is
encouraged to continue to focus on activities addressing the
integration of clean energy systems for remote communities and
port electrification, including the demonstration of marine,
distributed wind, solar, energy storage, improved microgrids,
and local production of zero-carbon fuels.
Geothermal Technologies.--The agreement supports research,
development, and demonstration, including implementation of the
recommendations outlined in the GeoVision study and authorized
in the Energy Act of 2020.
The agreement provides up to $100,000,000 for enhanced
geothermal system demonstrations (EGS) and next-generation
geothermal demonstration projects in diverse geographic areas.
The Department is directed to include demonstration projects in
an area with no obvious surface expression or to develop deep,
direct use geothermal technologies to distribute geothermal
heat through an integrated energy system or district heating
system. The Department is directed to consider Superhot Rock
geothermal demonstrations in which water, at that depth, would
reach supercritical conditions and demonstrate incremental
improvements toward producing supercritical water at the
surface.
Renewable Energy Grid Integration.--The agreement provides
$45,000,000 for activities to facilitate the integration of
grid activities among renewable energy technologies and to
include integrated system analysis, technical assistance, and
innovative municipal or community-driven initiatives to
increase the use and integration of renewable energy in the
United States. Within available funds, the agreement provides
$10,000,000 for development and demonstration of an
``energyshed'' management system that addresses a discrete
geographic area in which renewable sources currently provide a
large portion of electric energy needs, where grid capacity
constraints result in curtailment of renewable generation, and
with interactive smart meters. The ``energyshed'' design should
achieve a high level of integration, resilience, and
reliability among all energy uses, including both on-demand and
long-time energy scales, transmission, and distribution of
electricity.
ENERGY EFFICIENCY
Advanced Manufacturing.--The agreement provides not less
than $185,000,000 for Industrial Efficiency and
Decarbonization.
The agreement reiterates House direction related to the
conversion and retooling of industrial facilities.
Within available funds for Industrial Efficiency and
Decarbonization, the agreement provides $20,000,000 for
continued research for energy efficiency improvement and
emissions reduction in the chemical industry including dynamic
catalyst science coupled with data analytics.
Within available funds for Industrial Efficiency and
Decarbonization, the agreement provides up to $10,000,000 for
the issuance of a competitive solicitation for university and
industry-led teams to improve the efficiency of industrial
drying processes.
The agreement provides not less than $105,000,000 for Clean
Energy Manufacturing.
Within available funds for Clean Energy Manufacturing, the
agreement provides $25,000,000 for the Manufacturing
Demonstration Facility (MDF) and the Carbon Fiber Technology
Facility. Within available funds for the MDF, the agreement
includes $5,000,000 for the development of processes for
materials solutions.
Within available funds for Clean Energy Manufacturing, the
agreement provides $10,000,000 for the development of advanced
tooling for lightweight automotive components to lead the
transition to electric vehicle and mobility solutions to meet
the national urgency for market adoption. The Department is
directed to further foster the partnership between the MDF,
universities, and industry in the Great Lakes region for
economic growth and technology innovation and manufacturing
scale up related to mobility and advanced electric vehicles,
thereby accelerating technology deployment and increasing the
competitiveness of U.S. manufacturing industries.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $15,000,000 to provide ongoing support
for the Combined Heat and Power (CHP) Technical Assistance
Partnerships and related CHP activities. The Department is
directed to collaborate with industry on the potential energy
efficiency and energy security gains to be realized with
district energy systems.
Within available funds for Clean Energy Manufacturing, the
agreement provides $5,000,000 for advanced manufacturing of
large wind blades.
Within available funds for Clean Energy Manufacturing, the
agreement provides $3,000,000 for advanced manufacturing of
large iron and steel castings and forgings for offshore wind
turbines.
The agreement supports additive manufacturing technologies
for wind energy applications.
The agreement notes the important role large-area additive
manufacturing can play in helping to advance the deployment of
building, transportation, and clean energy technologies. The
Department is directed to further foster the partnership
between the national laboratories, universities, and industry
to use bio-based thermoplastics composites, such as micro- and
nanocellulosic materials, and large-area 3-D printing to
overcome challenges to the cost and deployment of building,
transportation, and energy technologies.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $5,000,000 for university-led research
and development of catalytic processes to transform low value
feedstocks into carbon-neutral liquid fuels and chemical
products.
Within available funds for Clean Energy Manufacturing, the
agreement provides $10,000,000 to support sustainable chemistry
research and development. The fiscal year 2021 Act directed the
Department to provide a report exploring how incorporating
sustainable chemistry in consumer and commercial manufacturing
processes fits within its research and development portfolio
and can benefit these processes. The Department is directed to
provide the report immediately.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $5,000,000 for university-led research
in order to increase recycling rates for polyethylene plastics
and develop conversion of waste polyethylene to more recyclable
and biodegradable plastics.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $20,000,000 to continue development of
additive manufacturing involving nanocellulose feedstock
materials made from forest products. This work shall be
conducted in partnership with the MDF to leverage expertise and
capabilities for large scale additive manufacturing.
Within available funds for Clean Energy Manufacturing, the
agreement provides $2,000,000 to fund lithium-ion battery
rejuvenation, recycling, and reuse programs that will focus on
research, education, and workforce development to help the
economy and national energy security. The agreement reiterates
House direction on these efforts.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $12,000,000 for research in silicon
carbide and gallium nitride power electronics.
Within available funds for Clean Energy Manufacturing, the
agreement provides up to $5,000,000 to continue development of
low-cost polymer infiltration processes for the fabrication of
ceramic matrix composites and other advanced material processes
for high-temperature components, including silicon carbide
components.
The Department is directed to support the expeditious
development and production of lithium battery technology to
scale up the domestic battery supply chain. Within available
funds for Clean Energy Manufacturing, the agreement provides up
to $10,000,000 for solid state lithium metal battery storage
demonstration projects that are U.S.-controlled, U.S.-made, and
North American sourced and supplied. The Department is directed
to prioritize battery technology that is compatible with
existing and next generation cathodes, including nickel and
cobalt free cathodes, will further enhance energy density, and
is intrinsically nonflammable.
The agreement notes the Department's efforts to expand the
capabilities of the United States in advanced battery
manufacturing for long-duration grid-scale energy storage. As
the Department continues its efforts to scale up a domestic
advanced battery supply chain, including battery manufacturing
demonstration projects, the Department is encouraged to seek a
broad spectrum of battery chemistries not wholly exclusive to
lithium-ion based battery technology and encourages the
Department to craft-grant solicitations widely enough to
include all compelling emerging technologies such as multi-day
storage (MDS) chemistries such as iron-air batteries or other
new configurations.
The agreement provides not less than $80,000,000 for
Material Supply Chains.
Within available funds for Material Supply Chains, the
agreement provides up to $5,000,000 to increase participation
in databases used in generating environmental product
declarations (EPDs), the disclosure tool measuring the embodied
carbon of a product or service, in coordination with the
Environmental Protection Agency.
Within available funds for Material Supply Chains, the
agreement provides up to $15,000,000 for a competitive grant
program to improve the sustainability and competitiveness of
U.S. mining operations, including the beneficial use of
byproducts such as capturing excess nitrogen oxide and
utilizing it to produce ammonium sulfate fertilizer suitable
for agricultural use.
Within available funds for Material Supply Chains, the
agreement provides not less than $5,000,000 to apply the Office
of Science's leadership computing facility expertise in machine
learning to increase efficiencies in large-scale, high rate
manufacturing processes for aerostructures and other large
composite structures.
The agreement provides not less than $45,000,000 for
Technical Assistance and Workforce Development.
Within available funds for Technical Assistance and
Workforce Development, the agreement provides $5,000,000 to
expand the technical assistance provided for water and
wastewater treatment. Within available funds for Technical
Assistance and Workforce Development, the agreement provides
$20,000,000 for research and development on technologies to
achieve energy efficiency of water and wastewater treatment
plants, including the deployment of advanced technology, as
appropriate.
The Department is encouraged to support innovation in water
technologies that will incentivize technology developments for
the blue economy, including consideration of establishing a
Center of Excellence, with a focus on the Great Lakes region.
Within available funds for Technical Assistance and
Workforce Development, the agreement provides not less than
$10,000,000 for the Lab-Embedded Entrepreneurship Program
(LEEP) and reiterates House direction on this topic.
Building Technologies.--Within available funds for Emerging
Technologies, the Department is encouraged to make funding
available for heating, ventilation, and air conditioning (HVAC)
and refrigeration research, development and deployment,
including heat pumps, heat pump water heaters and boilers. The
Department shall focus its efforts to address whole building
energy performance and cost issues to inform efforts to advance
beneficial electrification and greenhouse gas mitigation
without compromising building energy performance.
The agreement provides not less than $70,000,000 for
Commercial Building Integration for core research and
development of more cost-effective integration techniques and
technologies that could help the transition toward deep
retrofits, not less than $60,000,000 for Residential Buildings
Integration, and not less than $75,000,000 for Equipment and
Building Standards.
The Department is directed to advance building upgrades and
weatherization of homes, as well as to advance work in grid-
integrated efficient buildings and inclusion of smart grid
systems, demand flexibility and new initiatives in workforce
training to ensure the technology and research findings reach
practitioners. The Department is encouraged to concentrate
funding on industry teams to facilitate research, demonstrate
and test new systems, and facilitate widespread deployment and
dissemination of information and best practices through direct
engagement with builders, the construction trades, equipment
manufacturers, smart grid technology and systems suppliers,
integrators, and state and local governments and other market
transformation activities.
The agreement provides up to $30,000,000 for the Building
Energy Codes Program to increase training, including
certifications, and provide technical assistance to states,
local governments, regional collaboratives, workforce
development providers, homebuilders, office builders,
architects and engineers, and other organizations that develop,
adopt, or assist with the adoption or compliance with model
building energy codes and standards to improve energy
efficiency and resilience.
The agreement provides not less than $30,000,000 to
continue to invest in transactive energy and control research
and development efforts to support demonstrations in which
renewable energy and energy efficiency elements connected to
the electric grid, such as buildings; wind and solar; energy
storage; including batteries; hydrogen technologies; and
electric vehicle charging stations, work together seamlessly to
enhance reliability, security, and efficiency of the nation's
electric grid. The Department is directed to prioritize market-
based transactive energy principles, from the individual energy
generation/consumption nodes to the wholesale and energy
distribution markets. The Department is directed to establish
efforts in various parts of the country where prevailing
weather and market constructions differ. The Department is
further directed to prioritize projects that connect multiple
physically separated sites with multiple topologies.
The Department is directed to carry out the Grid-
interactive Efficient Buildings (GEB) program to ensure that a
high level of energy efficiency is a core element of the
program and a baseline characteristic for GEBs, which are also
connected, smart, and flexible. EERE shall engage with the
public and private sectors, including the building and
manufacturing industries and state and local governments, to
share information on GEB technologies, costs, and benefits, and
to provide information to position American companies to lead
in this area.
The agreement provides up to $50,000,000 for solid-state
lighting.
The agreement provides up to $40,000,000 to facilitate deep
whole-house energy efficiency retrofits, particularly those
using innovations from the Advanced Building Construction
Initiative, such as demonstrations, outreach, engagement, and
training to private sector contractors, including continuing
efforts to advance smart home technology.
The Department is directed to develop programs to support a
skilled, robust, diverse, and nationally representative
building energy efficiency and building energy retrofit
workforce. The agreement provides up to $40,000,000 for these
activities.
The agreement provides up to $30,000,000 for energy-related
research and development in buildings.
The Department is encouraged to expand efforts within the
Advanced Building Construction initiative to scale development
and adoption of innovative technologies to produce affordable,
energy efficient buildings and retrofits with low lifecycle
carbon impacts. The Department is directed to support technical
assistance to state, local, and tribal governments to reduce
emissions from buildings through efficient electrification
strategies.
The Department is encouraged to concentrate funding on
industry teams to facilitate research, demonstrate and test new
systems, and facilitate widespread deployment and dissemination
of information and best practices through direct engagement
with builders, the construction trades, equipment
manufacturers, smart grid technology and systems suppliers,
integrators, and state and local governments and other market
transformation activities. Further, the Department is
encouraged to support deep whole-house energy efficiency
retrofits, particularly those using innovations from the
Advanced Building Construction Initiative, such as
demonstrations, outreach, engagement, and training to private
sector contractors, including continuing efforts to advance
smart home technology. The agreement notes support for
continued efforts to address property rating and valuation in
commercial and residential buildings as a way to improve
transparency of energy utilization in buildings for persons and
companies buying or leasing property.
The Department is encouraged to support university
research, in partnership with national labs, for developing,
building, and evaluating cross-laminated timber wall systems
for embodied energy content, operating energy efficiency, wall
moisture profiles, structural connector durability, and health
monitoring sensors.
The agreement notes support for continued research to
quantify the resilience impacts of energy codes for buildings,
occupants, and communities. Recognizing that the pandemic has
presented challenges to permit processing for building
departments reliant on paper-based systems, the Department is
encouraged to develop cloud-based software that can facilitate
permit processing for projects that conserve energy or promote
resilience as well as efforts to help departments modernize
systems.
The Department is directed to prioritize energy efficiency
measures that reduce energy consumption, especially among high
energy-burden households within communities of color. The
Department is directed further to focus on increasing
availability of and access to publicly, individually, and
community-owned heat pumps.
The Department is directed to support collaborative
projects with the Department of Agriculture's Agricultural
Research Service to improve the energy efficiency in controlled
environmental agriculture (CEA).
The Department is encouraged to work with two-year
community and technical colleges, labor, and nongovernmental
and industry consortia to advance job training programs and to
collaborate with the Department of Education, the Department of
Labor, and the residential and commercial efficiency building
industry to ensure support is reaching small energy efficiency
businesses that have had difficulty accessing federal workforce
support.
The agreement provides up to $5,000,000 for novel earlier-
stage research, development, and demonstration of technologies
to advance energy efficient, high-rise Cross-Laminated Timber
(CLT) building systems.
STATE AND COMMUNITY ENERGY PROGRAMS
The Department is directed to coordinate and expand
activities to convene municipal governments, provide robust and
tailored technical assistance to municipal governments, and
provide funding and support to municipal governments or
national and local partner organizations to implement best
practices to advance energy efficiency adoption, building and
vehicle electrification, grid modernization, distributed
electricity generation, and workforce development at the local
level. The Department is directed to include work with
organizations that convene and support municipal governments.
The Department is directed to obligate funds for State and
Community Energy Programs expeditiously to grantees.
The Department is directed to achieve staffing levels that
will allow it to provide robust training, technical assistance,
and oversight for the Weatherization Assistance Program (WAP)
and the State Energy Program (SEP).
Weatherization.--The Department is directed to provide to
the Committees not later than 30 days after enactment of this
Act a briefing regarding ongoing efforts at the Department to
collaborate with the Department of Health and Human Services'
Low Income Home Energy Assistance Program (LIHEAP) program and
the Department of Housing and Urban Development's HOME
Investment Partnerships Program (HOME). The Department is
encouraged to work collaboratively with other federal agencies
and to outline ways the various weatherization and home
assistance programs can better integrate assistance for
structurally deficient but weatherable residences.
Within available funds, the agreement provides $1,000,000
for WAP grant recipients that have previously worked with the
Department via the Weatherization Innovation Pilot Program, for
the purpose of developing and implementing state and regional
programs to treat harmful substances, including vermiculite.
The agreement supports WAP's continued participation in the
interagency working group on Healthy Homes and Energy with the
Department of Housing and Urban Development. The Department is
encouraged to further coordinate with the Office of Lead Hazard
Control and Healthy Homes on energy-related housing projects
occurrence of window replacements, which supports the reduction
of lead-based paint hazards in homes.
The agreement notes that the Department is working to
update the Weatherization Assistance Program and encourages the
Department to update the calculation of the Savings-to-
Investment Ratio (SIR) to reflect total whole home savings and
to account for the total value measures that keep homes
prepared for future climate conditions. The Department is
encouraged to continue its work enabling states to create
priority lists of measures to reduce energy audit time and
increase the rate of production.
The Department is encouraged to work with all relevant
stakeholders to identify efficiencies for delivering
weatherization services and examine options to streamline
policies and procedures when other funding sources are utilized
in conjunction with funds from the Department. The Department
is encouraged to prioritize initiatives that promote green,
healthy, and climate resilient schools, libraries, and other
public buildings.
State Energy Program.--The Department is directed to
support technical assistance on energy and related air quality
in schools.
The Department is encouraged to prioritize initiatives that
promote green, healthy, and climate resilient schools,
libraries, and other public buildings.
MANUFACTURING AND ENERGY SUPPLY CHAINS
The agreement provides up to $15,000,000 to support the
Industrial Assessment Center (IAC) program. The Department is
directed to apply the additional funding to support regions
that are currently designated as underserved through the IAC
program.
FEDERAL ENERGY MANAGEMENT PROGRAM
The agreement provides up to $2,000,000 for workforce
development and the Performance Based Contract National
Resource Initiative.
The Department is directed to continue the consideration of
all AFFECT grant funding to be leveraged through private sector
investment in federal infrastructure to ensure maximum overall
investment in resiliency, efficiency, emissions reductions, and
security. The Department is encouraged to prioritize funding to
projects that attract at least ten dollars for each federal
dollar invested and that utilize public-private partnerships
like energy savings performance contracts (ESPCs) and utility
energy service contracts (UESCs).
The agreement supports the Net-Zero Laboratory Initiative
to achieve ambitious, real-world pathways to net-zero emissions
with enhanced resilience. The Department is directed to
continue this effort. The Department is encouraged to
prioritize funding projects from the national laboratory
pilot's established roadmaps to catalyze adoption not only for
other national laboratories but also to the entire federal
agencies' operational footprints.
CORPORATE SUPPORT
Program Direction.--The agreement provides not less than
$22,000,000 for the Office of State and Community Energy
Programs, not less than $1,000,000 for the Office of
Manufacturing and Energy Supply Chains, not less than
$14,000,000 for the Federal Energy Management Program, and not
less than $180,000,000 for the Office of Energy Efficiency and
Renewable Energy.
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $200,000,000 for Cybersecurity,
Energy Security, and Emergency Response (CESER).
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
Given concerns about the longstanding lack of clarity on
the Department's cyber research and development
responsibilities, CESER is directed to coordinate with the
Office of Electricity and relevant applied energy offices in
clearly defining these program activities. The Department is
directed to provide the Committees quarterly updates on these
topics.
In light of documented cyber targeting of utilities,
including by state actors, the agreement encourages the
Department to incorporate pilot programs with private sector
participants to demonstrate active defense cybersecurity
protection.
The Department is encouraged to develop cybersecurity
consortiums of public-private-partnerships between public
universities, local and state government, and private industry
to develop a community of relevance in cybersecurity workforce
development for the energy sector.
The Department is encouraged to expand student research
participant opportunities within its cyber workforce
development programs and projects by expanding its utilization
of the DOE Scholars Program.
Risk Management Technology and Tools.--The agreement
provides $20,000,000 for the Cyber Testing for Resilient
Industrial Control System (CyTRICS) program.
The agreement provides $5,000,000 for consequence-driven
cyber-informed engineering, and $5,000,000 to support efforts
to enable security by design through execution of the national
cyber-informed engineering strategy.
The agreement provides not less than $6,800,000 to expedite
development and testing of secure inputs, processing, and
outputs of systems utilizing novel cybersecurity technology.
The agreement provides up to $5,000,000 for university-
based research and development of scalable cyber-physical
platforms for resilient and secure electric power systems that
are flexible, modular, self-healing, and autonomous. This
activity should be conducted in coordination with the Office of
Electricity.
The agreement provides not less than $5,000,000 to conduct
a demonstration program of innovative technologies, such as
technologies for monitoring vegetation management, to improve
grid resiliency from wildfires.
The Department is encouraged to establish partnerships
among universities and national laboratories to advance
research on cyber-immune critical infrastructure.
The agreement provides up to $2,500,000 for regional-scale
high-performance computer simulations of earthquake analysis of
the energy system.
Preparedness, Policy, and Risk Analysis.--The Department is
encouraged to continue trusted partnerships with information
sharing platform providers which reduce security risks by not
collecting and centralizing sensitive data such as IP
addresses, logs, packet captures and file names and keep
participants' data on premises. The recommendation provides up
to $10,000,000 to expand collective defense and community-wide
visibility programs designed for operational technology and
industrial control system networks.
The agreement supports Departmental initiatives focused on
cybersecurity risk information-sharing and secure data
anonymization and analysis for both operational and information
technology components of equipment commonly utilized in both
the bulk power system and distribution systems. The Department
is encouraged to prioritize enrolling under-resourced electric
utilities in such programs, particularly rural electric
cooperatives and municipally-owned entities.
Electricity
The agreement provides $350,000,000 for Electricity. Given
concerns about the longstanding lack of clarity on the
Department's cyber research and development responsibilities,
the Office of Electricity (OE) is directed to coordinate with
the Office of Cybersecurity, Energy Security, and Emergency
Response (CESER) and other relevant offices in clearly defining
these program activities. The Department is expected to
integrate cybersecurity, where relevant, throughout all of OE's
research, development, demonstration, and deployment
activities. The Department is directed to provide the
Committees quarterly updates on these topics.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is directed to include an itemization of
funding levels below the control point in future budget
submissions.
The agreement provides up to $15,000,000 for energy storage
technology and microgrid assistance to assist electric
cooperatives and municipal power utilities in deploying energy
storage and microgrid technologies.
The Department is directed to provide to the Committees not
later than 180 days after enactment of this Act a report
related to the ability of the electric system to meet the
demand of new electric vehicle charging infrastructure. The
report should anticipate the growth in the use of light duty,
medium duty, and heavy duty electric vehicles and assess how
much additional electric generation, transmission, and
distribution capacity will need to be added to the electric
system to meet demand. Further, the Department is encouraged to
develop a plan on how the Department can assist the electric
system in meeting the anticipated increase in demand, and then
provide Congress with recommendations on how the study can be
supported legislatively. The Department is directed to provide
to the Committees not later than 90 days after submission of
the report a plan, including recommendations, on how the
Department can assist the electric system in meeting the
anticipated increase in demand. For the report and plan, OE is
directed to coordinate with the Grid Deployment Office, the
Vehicle Technologies Office, and the Joint Office of Energy and
Transportation.
GRID CONTROLS AND COMMUNICATIONS
Resilient Distribution Systems.--The Department is directed
to continue efforts to support the integration of sensors into
the nation's electric distribution systems, fundamental
research and field validation of microgrid controllers and
systems, and transactive energy concepts, including studies and
evaluations of energy usage behavior in response to price
signals. The agreement places a high priority on addressing the
challenges facing the electric power grid by advancing the
deployment of innovative technologies, tools, and techniques to
modernize and increase the resiliency of the distribution
portion of the electricity delivery system. The Department is
encouraged to work with national laboratories and industry to
advance best practices to technology deployment and adoption
across the country.
The Department is encouraged to pursue strategic
investments to improve reliability, resilience, outage
recovery, and operational efficiency, building upon previous
and ongoing grid modernization efforts.
In addition to emerging fuel technologies for distributed
grids, the Department is directed to evaluate currently
available distributed fuels, such as propane-fueled microgrids
and their ability to be paired with renewable technology.
The Department is directed to focus on identifying and
addressing technical and regulatory barriers impeding grid
integration of distributed energy systems to reduce energy
costs and improve the resiliency and reliability of the
electric grid and funds provided for the Advanced Grid Research
and Development Division for these activities. The agreement
supports advanced control concepts and open test beds for new
distribution control tools for enhanced distribution system
resilience.
The agreement provides up to $5,000,000 to evaluate and
identify a standard approach to modeling distributed energy
resources.
OE is encouraged to focus on identifying and addressing
technical and regulatory barriers impeding grid integration of
distributed energy systems to reduce energy costs and improve
the resiliency and reliability of the electric grid.
The Department is directed to support the COMMANDER
(Coordinated Management of Microgrids and Networked Distributed
Energy Resources) National Test Bed to establish a data link
for a back-up operations center that can benefit utility
companies across the country and support the North American
Energy Resilience Model.
The agreement provides not less than $15,000,000 for a
demonstration project with the Department's Grid Sensors and
Sensor Analytics program. The demonstration activities may
focus on utilizing data from distribution utilities that have
deployed advanced metering infrastructure.
The agreement provides $10,000,000 for coordinated
research, development, deployment, and training related to
advanced microgrid-enabling technologies, with a focus on
underserved and Indigenous communities in remote and islanded
areas. The Department is directed to partner with organizations
with specialized experience addressing local energy challenges,
including community-based organizations and institutions of
higher education, with a priority for minority-serving
institutions.
Cyber Resilient and Secure Utility Communications
Networks.--The agreement provides $10,000,000 for the DarkNet
project to explore opportunities for getting the nation's
critical infrastructure off the Internet and shielding the
nation's electricity infrastructure from disruptive cyber
penetration, including expansion of the communications network
architecture and development of cutting-edge networking
technologies.
OE is directed to coordinate with CESER on university-based
research and development of scalable cyber-physical platforms
for resilient and secure electric power systems that are
flexible, modular, self-healing, and autonomous.
The agreement provides up to $5,000,000 for OE to partner
with utility-led facilities to evaluate and commission new
distribution communications and control technologies for a
secure smart grid.
GRID HARDWARE, COMPONENTS, AND SYSTEMS
Energy Storage.--The agreement provides not less than
$20,000,000 for a competitive pilot demonstration grant
program, as authorized in section 3201 of the Energy Act of
2020, for energy storage projects that are U.S-controlled,
U.S.-made, and North American sourced and supplied. The
Department is directed to include in this program large scale
commercial development and deployment of long cycle life,
lithium-grid scale batteries and their components.
Transformer Resilience and Advanced Components.--The
agreement provides up to $5,000,000 for the Grid Research
Integration and Demonstration Center.
The Department is directed to develop a high voltage direct
current (HVDC) moonshot initiative to support research and
development to reduce the costs of HVDC technology and long-
distance transmission, including for nascent superconducting
technology.
The Department is encouraged to conduct research to reduce
costs associated with high voltage direct current converter
stations. The agreement recognizes the Department's role in the
development of a standardized power electronic converter
applied across a range of grid applications, coupled with the
need to reduce transmission costs and improve reliability
through advanced technological research. The agreement
emphasizes the security and economic imperative of fostering
and maintaining a robust domestic supply chain of transformers
and components, including the largest capacity transformers.
The agreement reiterates concerns about the escalating cost
of rebuilding utility infrastructure in regions subject to the
effects of extreme weather and climate change and considers the
most appropriate strategy to rebuild federally funded utility
infrastructure only to specifications that can withstand
foreseeable environmental outcomes.
The Department is directed to continue to support research
and development for advanced components and grid materials for
low-cost power flow control devices, including both solid-state
and hybrid concepts that use power electronics to control
electromagnetic devices and enable improved controllability,
flexibility, and resiliency. Because there are limited viable
alternatives to Sulfur Hexafluoride (SF6) in power generation
and transmission equipment above 72kV, the Department is
encouraged to support research and development to advance safe
and effective capture and reuse technologies for the use of SF6
in components like circuit breakers. Below 72kV power
generation and distribution equipment is fully capable of being
designed and manufactured without SF6; therefore, the
Department is directed to support research and development to
advance safe and effective alternatives to SF6, including in
circuit breakers, reclosers, sectionalizers, load break
switches, switchgear and gas insulated lines.
GRID DEPLOYMENT
The Department is encouraged to provide public utility
commissions and state energy offices with technical assistance
for understanding distribution planning, interconnection, and
modeling of distributed energy sources.
The Department is encouraged to deploy transmission
facilities and related technologies by enhancing the
reliability and resilience of the bulk power system, including
HVDC transmission networks and interregional connections, and
integrating power-generating resources into the electric grid.
Further, the Department is encouraged to develop opportunities
for connecting areas of high energy resources to areas of high
energy demand, including offshore transmission, and for linking
together transmission planning regions and other activities
that would ensure deployment of bulk power across a national
electric grid.
Wholesale Electricity Market Technical Assistance and
Grants.--The Department is directed to provide technical and
financial assistance to states and regions to develop market
governance, planning and policy, and regulatory development
assistance related to the formation, expansion, or improvement
of grid regions to ensure a clean, reliable, resilient, and
equitable grid.
Nuclear Energy
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,473,000,000 for Nuclear Energy.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The Department is reminded that it does not have authority
to redirect any appropriations between control points. Transfer
or reprogramming of funds requires congressional approval. The
Department may not repurpose or re-scope projects identified in
control points without prior congressional notification.
The Department has not provided the report directed by the
fiscal year 2022 Act related to thorium molten-salt reactors.
The Department is directed to provide the report not later than
15 days after enactment of this Act.
The fiscal year 2020 Act required the Department to
contract with the National Academy of Sciences on a report to
study the non-proliferation and security risks and
international safeguards challenges associated with advanced
nuclear reactors and related fuel cycle technologies, including
the fuel cycle for small modular reactors. The Department is
directed to provide to the Committees not later than 90 days
after enactment of this Act a report and briefing describing
how it plans to implement recommendations from the report,
including how it would propose to fund advanced reactors that
produce lower waste yields, compared to traditional reactors.
Nuclear Energy University Program (NEUP).--The Department
is directed to provide to the Committees prior to the
obligation of these funds a detailed spending and execution
plan for NEUP activities. The Department is directed to provide
to the Committees not later 90 days after enactment of this Act
and quarterly thereafter briefings on the implementation of
NEUP. Within available funds for NEUP, SBIR/STTR, and TCF, the
agreement provides $6,500,000 for the University Nuclear
Leadership Program, previously funded as the Integrated
University Program. The agreement supports the diversification
of financial assistance it provides through the program to
include supporting nontechnical nuclear research that serves to
increase community participation and confidence in nuclear
energy systems. Within available funds for NEUP, SBIR/STTR, and
TCF, the agreement provides $17,500,000 for University Fuel
Services, previously funded as Research Reactor Infrastructure.
The Department is directed to provide to the Committees not
later than 180 days after enactment of this Act a report
detailing the needs of university reactor refurbishments and
the potential need to upgrade or build additional university
reactors. The report shall include a detailed plan including
total lifecycle costs and associated funding profiles for
potential new university reactors. The agreement does not
provide any funds for the planning and construction of new
university nuclear reactors. Within available funds for NEUP,
SBIR/STTR, and TCF, the agreement provides up to $12,000,000 to
revitalize existing university nuclear research infrastructure,
especially in support of nuclear cyber-physical protection, new
digital technologies in advanced nuclear reactors, and the
development and safety assessments of small modular reactors.
Advanced Reactor Licensing.--The agreement provides up to
$5,000,000 for the Advanced Nuclear Licensing Energy Cost-Share
Grant Program as authorized under 42 U.S.C. 16280.
The agreement recognizes the importance of creating a
domestic graphite supply for the nuclear energy industry. The
Department is encouraged to explore activities to secure a
domestic supply of nuclear grade graphite at synthetic graphite
facilities that are U.S.-based and U.S.-owned.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
The agreement provides $12,000,000 for integrated energy
systems.
Nuclear Science User Facilities.--The agreement provides
not less than $12,000,000 for computational support.
Joint Modeling and Simulation Program.--The agreement
continues the requirement that use and application of the codes
and tools shall be funded by the end user, not the Joint
Modeling and Simulation Program.
FUEL CYCLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
The agreement supports availability of high-assay low-
enriched uranium (HALEU) and other advanced nuclear fuels,
consistent with section 2001 of the Energy Act of 2020.
Advanced Nuclear Fuel Availability.--The Department is
directed to conduct these activities in a manner that will
encourage, rather than discourage, the private sector
commercialization of HALEU production. The Department is
directed to disburse these funds on a competitive basis.
The Department is encouraged to utilize a competitive
solicitation process to send a signal to potential domestic and
international customers that the United States strongly
supports the deployment of advanced reactors on the earliest
possible schedule. Upon approval from the Committee, the
Department may proceed with issuing a solicitation, awarding
selections, and expeditiously executing the contracts without
any further delays.
The Department is directed to provide to the Committees not
later than 30 days after enactment of this Act and not less
than 60 days prior to the obligation of Advanced Nuclear Fuel
Availability funds the report required by section 2001(b)(2) of
the Energy Act of 2020. This report shall include, at a
minimum, a plan for the program that includes specific
milestones and timelines for completion of the program, as well
as expected out-year costs.
The Department is directed to provide to the Committees not
later than 30 days after enactment of this Act a report
explaining how the Department plans to support the first core
loads needed by the Advanced Reactor Demonstration Program
(ARDP) awardees to maintain and not delay the scheduled
timelines of the demonstration projects.
The Department is encouraged to ensure that all federally-
funded transfers and shipments of uranium hexafluoride and
depleted uranium hexafluoride shall, to the extent practicable,
use American manufactured shipping cylinders and transportation
casks.
Material Recovery and Waste Form Development.--The
agreement provides not less than $27,000,000 for EBR-II
Processing for HALEU. The Department is encouraged to continue
activities related to the ZIRCEX process.
Accident Tolerant Fuels.--The agreement provides
$114,000,000 for development of nuclear fuels with enhanced
accident-tolerant characteristics to significantly mitigate the
potential consequences of a nuclear accident. The agreement
provides not less than $15,000,000 for further development of
silicon carbide ceramic matrix composite fuel cladding for
light water reactors. The agreement notes a concern that
funding for the industry-led portions of the Accident Tolerant
Fuels program is not being obligated by the Department in a
timely manner. The Department is reminded reallocation or
reprograming of funds require the Committees' approval. The
Department is directed to align its contracts with the three
industry-lead teams with the provided funding. The Department
is directed to provide to the Committees not later than 15 days
after enactment of this Act a table summarizing the allocation
of fiscal year 2023 funds.
TRISO Fuel and Graphite Qualification.--The agreement
provides $10,000,000 to continue the transition of TRISO fuel
to a multiple-producer market, ensuring that more than one
industry source would be available to the commercial and
government markets.
Fuel Cycle Laboratory R&D.--The agreement provides not less
than $10,000,000 for an advanced metallic fuels program.
Used Nuclear Fuel Disposition R&D.--The agreement provides
$5,000,000 for advanced reactor used fuel disposition.
The Department is directed to develop an integrated
strategy between the Office of Nuclear Energy and the Office of
Environmental Management to establish a road-ready, dry storage
packaging configuration capability for Department-owned spent
fuel. The Department is directed to provide to the Committees
not later than 180 days after enactment of this Act a briefing,
including participation from the Office of Nuclear Energy and
the Office of Environmental Management, on an implementation
strategy for these activities.
Integrated Waste Management System.--The Department is
directed to move forward under existing authority to identify a
site for a federal interim storage facility. The Department is
further directed to use a consent-based approach when
undertaking these activities.
The Department is directed to continue site preparation
activities at stranded sites, to evaluate the re-initiation of
regional transport, and to undertake transportation
coordination efforts.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--The agreement
provides $165,000,000 for ongoing demonstration activities.
Within these funds, consistent with the budget request not more
than $30,000,000 is provided consistent with the existing
cooperative agreement DENE0008928. Prior to the obligation of
more than 95 percent of fiscal year 2023 funding, the
Department is directed to conduct independent cost and project
management analyses of ongoing demonstration activities through
the Office of Clean Energy Demonstrations, similar to the
demonstrations of the Advanced Reactor Demonstration Program.
Advanced Reactor Technologies.--The agreement provides not
less than $8,500,000 for Advanced Reactor Concepts and up to
$20,000,000 for MARVEL. The agreement provides not less than
$5,000,000 for continued work on the Supercritical
Transformational Electric Power Research and Development. The
agreement supports the collaboration between the national
laboratories and industry partners to develop and validate sCO2
power conversion specifically for modular micronuclear reactors
by spring of 2023. This work should continue to be coordinated
with the Office of Fossil Energy and Carbon Management.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The Department is directed to continue to ensure the ARDP
moves forward expeditiously and to clearly articulate future
funding needs for the programs within the ARDP in future budget
requests. The Department is directed to continue to focus
resources on partners capable of project delivery in the next
four to six years.
National Reactor Innovation Center.--The agreement supports
capital design and construction activities for demonstration
reactor test bed preparation at Idaho National Laboratory
supporting advanced reactor demonstration activities.
Construction.--Funds above the request are provided to
complete preliminary design and initiate construction for the
Safeguards Category 1 advanced reactor testbed at the Idaho
National Laboratory.
INFRASTRUCTURE
ORNL Nuclear Facilities Operations and Maintenance.--The
agreement provides $20,000,000 to be transferred to the Office
of Science for the continued safe operations and maintenance of
the Oak Ridge National Laboratory hot cells.
INL Facilities Operations and Maintenance.--The agreement
provides $318,924,000 for INL Facilities Operations and
Maintenance.
Fossil Energy and Carbon Management
The agreement provides $890,000,000 for Fossil Energy and
Carbon Management.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in the front matter of Department of
Energy.
The agreement does not support the closure of any National
Energy Technology Laboratory (NETL) site and provides no funds
to plan, develop, implement, or pursue the consolidation or
closure of any of the NETL sites.
The agreement includes not less than $5,000,000 for
integrated energy systems.
The Department is directed to continue efforts to support
natural gas demand response pilot programs.
The Department is directed to support research,
development, and demonstration activities to show the increased
viability of renewable LPG and to pursue new production
pathways from sustainable aviation fuel production, landfill
waste, and animal waste.
The Department is directed to support pilot and
demonstration activities for chemical looping hydrogen
production and carbon capture. The Department is encouraged to
support a chemical looping hydrogen production and carbon
capture commercial demonstration project using natural gas,
biomass, or coal to demonstrate the technical, operational, and
economic advantages of chemical looping for clean hydrogen
production and carbon capture.
The agreement supports the Department's efforts to offer
undergraduate, graduate, and post-graduate students majoring in
scientific, technology, engineering, and mathematics (STEM)
disciplines the opportunity to learn about programs, policies,
and research, development, demonstration, and deployment
initiatives within the Office of Fossil Energy and Carbon
Management.
The Department is encouraged to prioritize Carbon Capture
Utilization and Storage (CCUS) funding on projects and research
that look to reduce the cost of these technologies for
commercial deployment.
Solid Oxide Fuel Cell Systems & Hydrogen.--The agreement
provides not less than $121,000,000 for the research,
development, and demonstration of solid oxide fuel cell systems
and hydrogen production, transport, storage, and use systems.
The agreement provides up to $50,000,000 to assess
solutions to decrease potential emissions of nitrogen oxides
from the direct combustion of hydrogen in natural gas fired
power plants.
The agreement supports the continuation of the Energy
Department's Cooperative Agreements to develop cost sharing
partnerships to conduct basic, fundamental, and applied
research that assist industry in developing, deploying, and
commercializing efficient, low-carbon, nonpolluting energy
technologies that could compete effectively in meeting
requirements for clean fuels, chemical feedstocks, electricity,
and water resources.
National Carbon Capture Center.--The agreement provides
funding for the Department's National Carbon Capture Center
consistent with the cooperative agreement. The Department is
directed to use funds within CCUS and Power Systems for
research and development across a broad range of technology and
fuel applications as it determines to be merited.
The agreement provides $10,000,000 for a laboratory
demonstration project for carbon-neutral methanol synthesis
from direct air capture and carbon-free hydrogen production.
Interagency Working Group on Coal and Power Plant
Communities.--The agreement supports the Administration's
efforts to assist coal communities through their Interagency
Working Group on Coal and Power Plant Communities and Economic
Revitalization which is led by the Department. The agreement
provides $3,000,000 for these efforts.
CARBON MANAGEMENT TECHNOLOGIES
The Department is directed to conduct CCUS activities,
including front-end engineering and design studies, large pilot
projects, and demonstration projects that capture and securely
store volumes of carbon dioxide from fossil energy power
plants, industrial facilities, or directly from the air
consistent with the objectives of title IV of the Energy Act of
2020.
The Department is encouraged to assess environmental issues
that are common to carbon management infrastructure projects
and, where appropriate, consider proposing criteria for
required environmental reviews, in consultation with the
Council on Environmental Quality, as they relate to carbon
management technologies.
The Department is directed to conduct research,
development, and demonstration activities, including studies
and pilots, to identify categories of possible mineral and
waste feedstocks across the United States suitable for use in
CCUS technologies; assess the feasibility for technology
deployment using such feedstocks to enable the production of
low carbon cement/concretes, building materials, consumer items
and other manufactured products; and identify applications and
validate and quantify the low carbon attributes of these
products. The Department is encouraged to carry out these
activities in consultation with leading industry specialists
and in collaboration with national laboratories. The Department
is encouraged to continue supporting activities to assist
communities in the design and construction of pilot-scale
equipment and systems necessary to demonstrate CCUS at waste to
energy plants.
The Department is directed to establish a program to
support research and development of novel, proof-of-principle
carbon containment projects with the goal of finding and de-
risking methods and locations to remove atmospheric carbon
dioxide that are effective, safe, low cost, and scalable. The
agreement provides up to $50,000,000 to support work at
multiple sites to pursue research, development, and deployment
of carbon containment technologies and proximate carbon dioxide
capturing systems that also meet regional economic and
ecological restoration policy goals such as catastrophic
wildfire mitigation and job creation.
Carbon Capture.--The agreement provides not less than
$15,000,000 for research and optimization of carbon capture
technologies at industrial facilities and not less than
$20,000,000 for research and optimization of carbon capture
technologies for natural gas power systems.
The agreement provides up to $75,000,000 to support front-
end engineering and design studies, including for the
development of a first-of-its-kind carbon capture project at an
existing natural gas combined cycle plant, large pilot
projects, and demonstration projects. The Department is
encouraged to prioritize entities that are primarily engaged in
the generation of electricity from natural gas in competitive
power markets.
Carbon Dioxide Removal.--The agreement provides up to
$15,000,000 for research, development and demonstration
activities related to the indirect sequestration of carbon
dioxide in ocean waters.
Carbon Utilization.--The agreement supports carbon
utilization research, development, and demonstration activities
to advance valuable and innovative uses of captured carbon,
including conversion to products such as chemicals, plastics,
building materials, and fuels. The Department is directed to
support the evaluation of carbon utilization pathways for
consideration under section 45Q of Title 26 CFR.
The Department is encouraged to support technologies that
significantly improve the efficiency, effectiveness, costs,
emissions reductions, and environmental performance of carbon
dioxide captured from coal, natural gas, industrial facilities,
and other sources to produce fuels and other valuable products.
The agreement provides not less than $10,000,000 for
research and development of carbon utilization using algal
systems.
The Department is encouraged to support research and
development activities in the Carbon Utilization Program to
support valuable and innovative uses of captured carbon,
including biological utilization by the conversion of carbon
dioxide to high value products such as chemicals, plastics,
building materials, curing for cement, and the integration of
carbon utilization technologies with fossil fuel power plants,
such as biological conversion systems.
Carbon Transport and Storage.--The agreement provides not
less than $40,000,000 for CarbonSAFE and not less than
$20,000,000 for the Regional Carbon Sequestration Partnerships
(the Regional Initiatives). The Department is directed to
expeditiously award the fiscal year 2022 funds and to provide
the Committees regular updates on these activities.
The agreement supports the Department's efforts to support
front-end engineering and design for carbon dioxide transport
infrastructure necessary to deploy CCUS technologies.
Within the amounts provided for Carbon Storage, the
Department is encouraged to support surveys and site
characterization of promising ocean-based geologic formations,
and to partner with non-federal entities with the technological
capabilities to accelerate and improve this process.
Hydrogen with Carbon Management.--The Department is
encouraged to support hydrogen research, development, and
demonstration activities that support fossil fuel-derived
hydrogen production equipped with CCUS technologies that
results in significantly reduced carbon dioxide intensity. The
agreement supports continued collaboration with the Office of
Energy Efficiency and Renewable Energy, the Office of
Electricity, and the Office of Nuclear Energy.
The agreement provides not less than $30,000,000 for
Advanced Turbines to carry out research, development, and
demonstration to develop near-zero-emission advanced turbine
technologies.
The agreement provides up to $50,000,000 for materials
research and development. The Department is directed to support
the development of ceramic matrix composite (CMC) materials in
accordance with the CMC Manufacturing Roadmap and section 4005
of the Energy Act of 2020.
The Department is encouraged to continue work on coal and
coal biomass to both liquids and solids activities and
encourages the Department to focus on research and development
to improve cost and efficiency of coal-to-fuels technology
implementation and polygeneration.
The agreement provides $1,500,000 to accelerate development
and deployment of wireless sensor systems for coal-fired power
generation in order to improve generative efficiency, reduce
emissions, and lower maintenance costs.
The agreement supports competitively awarded research and
development activities, coordinated with the Offices of Nuclear
Energy and Energy Efficiency and Renewable Energy, to advance
the use of supercritical power cycles.
RESOURCE TECHNOLOGIES AND SUSTAINABILITY
The agreement provides up to $30,000,000 for the Department
to assist in the discovery, identification, and
characterization of undocumented orphan oil and gas wells.
Advanced Remediation Technologies.--The agreement provides
up to $20,000,000 for university research and field
investigations in the Gulf of Mexico to confirm the nature,
regional context, and hydrocarbon system behavior of gas
hydrate deposits. The agreement provides not less than
$19,000,000 for Unconventional Field Test Sites. The Department
is directed to maintain robust efforts in enhanced recovery
technologies.
The agreement provides $10,000,000 for further research on
multipronged approaches for characterizing the constituents of
and managing the cleaning of water produced during the
extraction of oil and natural gas, of which $8,000,000 is
available to partner with research universities engaged in the
study of characterizing, cleaning, treating, and managing
produced water and who are willing to engage though public
private partnerships with the energy industry to develop and
assess commercially viable technology to achieve the same.
The agreement provides up to $7,000,000 for the Risk Based
Data Management System. The agreement supports the continued
funding of the Risk Based Data Management System, and in
particular, its functions under FracFocus. FracFocus should
maintain its autonomy and not be incorporated into any federal
agency.
Methane Mitigation Technologies.--The agreement provides
$60,000,000 for Methane Mitigation Technologies, which includes
activities previously funded through Emissions Mitigation from
Midstream Infrastructure and Emissions Quantification from
Natural Gas Infrastructure.
The Department is encouraged to support activities to
develop and demonstrate an easily implementable, maintainable,
and low-cost integrated methane monitoring platform. The
Department is encouraged to accelerate development and
deployment of high-temperature harsh-environment sensors,
sensor packaging, and wireless sensor hardware for power
generation.
The Department is encouraged to collaborate with external
stakeholders in making use of commercial assets to monitor
methane emissions from satellites and other methane emissions
detection technologies to isolate the source of emissions at
the individual facility level and to explore technologies,
including in coordination with public-private partnerships,
that promote innovative approaches, such as detection
technologies in support of reducing methane gas emissions. The
agreement provides up to $5,000,000 for advanced observational
technologies, as validated in peer-reviewed publications, to
globally identify and mitigate methane and volatile organic
compound emissions from existing operations assisting worldwide
partners and governments deploy targeted reduction measures.
Natural Gas Decarbonization and Hydrogen Technologies.--The
agreement provides up to $10,000,000 for a demonstration
project focused on producing hydrogen from the processing of
produced water and mineral substances and transporting hydrogen
using existing energy infrastructure.
The agreement provides up to $10,000,000 for research to
develop hydrogen transportation and storage infrastructure,
including the safety, mechanical integrity and regulatory
impacts of blending hydrogen into existing natural gas
pipelines. Comprehensive planning approaches for transitioning
segments of natural gas users to increased hydrogen use should
be part of the program, including analysis of the
infrastructure required to transport hydrogen.
The agreement supports the Department's efforts to utilize
natural gas and related infrastructure more effectively for
decarbonization solutions, including research to convert
natural gas, natural gas liquids and other gas streams to low-
carbon, sustainable products, including chemicals and fuels,
such as ammonia and hydrogen. Further, the agreement supports
comprehensive planning approaches for transitioning segments of
the economy using hydrogen and other low-carbon fuels. This
planning should include both production, storage, and
transportation of these fuels. The Department is encouraged to
establish the Center for Sustainable Fuels and Chemicals at the
National Energy Technology Lab.
Mineral Sustainability.--The Department is directed to
submit to the Committees not later than 180 days after
enactment of this Act an assessment of the vulnerabilities to
the U.S. energy system from foreign reliance for critical and
strategic minerals and the actions the Department is taking to
bolster domestic mineral production.
The Department is directed to conduct research and
development to develop and assess advanced separation
technologies for the extraction and recovery of rare earth
elements and other critical materials from coal and coal
byproducts. Further, the Department is directed to determine
and mitigate any potential environmental or public health
impacts that could arise from the recovery of rare earth
elements from coal-based resources. The agreement provides up
to $6,000,000 for the Department, in collaboration with the
Department of Commerce and U.S. Geological Survey, to pilot a
research and development project to enhance the security and
stability of the rare earth element supply chain. Research
should include approaches to mining of domestic rare earth
elements that are critical to U.S. technology development and
manufacturing, as well as emphasize environmentally responsible
mining practices. The Department is encouraged to partner with
universities in these efforts.
The agreement provides up to $5,000,000 for university-led
consortium for research and development of biofilm-based
barrier technologies to reduce methane emissions from orphan
wells.
The Department is directed to continue its external agency
activities to develop and test advanced separation technologies
and accelerate the advancement of commercially viable
technologies for the recovery of rare earth elements and
minerals from byproduct sources. Research should support pilot-
scale and experimental activities for near-term applications,
which encompass the extraction and recovery of rare earth
elements and minerals.
The Department is directed to continue the Carbon Ore, Rare
Earths, and Critical Minerals (CORE-CM) Program.
The agreement provides up to $10,000,000 for utilizing coal
as a precursor for high-value added products at the Carbon
Fiber Technology Facility.
NETL INFRASTRUCTURE
Within available funds for NETL Infrastructure, the
Department is directed to prioritize funds for Joule, site-wide
upgrades for safety, and addressing and avoiding deferred
maintenance.
The agreement supports the Human Resources Shared Service
Center.
Energy Projects
The agreement provides $221,968,652 for the Energy Projects
account for Community Project Funding and Congressionally
Directed Spending at the Department for the following list of
projects.
The Committees remind recipients that statutory cost
sharing requirements may apply to these projects.
The Department may use program direction funds from the
appropriate program offices to implement these projects.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Naval Petroleum and Oil Shale Reserves
The agreement provides $13,004,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement includes $207,175,000 for the Strategic
Petroleum Reserve.
No funding is requested for the establishment of a new
regional petroleum product reserve, and no funding is provided
for this purpose. Further, the Department may not establish any
new regional petroleum product reserves unless funding for such
a proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget request and approved
by Congress in an appropriations Act.
SPR Petroleum Account
The agreement provides $100,000 for the SPR Petroleum
Account.
Northeast Home Heating Oil Reserve
The agreement provides $7,000,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $135,000,000 for the Energy
Information Administration.
The agreement provides up to $3,000,000 to conduct a
monthly survey of electric and heating service providers of
final termination notices sent due to bill non-payment, service
disconnections due to bill non-payment, and Service
reconnections of customers disconnected for bill non-payment,
in a form and manner determined by the agency.
Non-Defense Environmental Cleanup
The agreement provides $358,583,000 for Non-Defense
Environmental Cleanup.
Gaseous Diffusion Plants.--The agreement provides
$130,938,000 for cleanup activities at the Gaseous Diffusion
Plants, including an additional $7,500,000 above the budget
request for infrastructure improvements required for the
shipping and disposal of oxide cylinders, as well as to advance
the near-term shipment of cylinders and may be used to
demonstrate multicar oxide rail shipment at Paducah.
Small Sites.--The agreement provides $132,463,000 for Small
Sites cleanup. Within this amount, $26,409,000 is for the
Energy Technology Engineering Center, $13,500,000 is for Idaho
National Laboratory, $15,000,000 is for work on the B71 complex
at Lawrence Berkeley National Laboratory, $67,000,000 is for
Moab, and $10,554,000 is for excess Office of Science
facilities.
The agreement reiterates House direction regarding a
briefing on historic preservation efforts associated with the
deactivation and decommissioning of the S1W prototype reactor.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $879,052,000 for activities funded
from the Uranium Enrichment Decontamination and Decommissioning
Fund.
Portsmouth Site.--Within funds available for Pensions and
Community and Regulatory Support, the agreement includes
$500,000 above the budget request to maintain community liaison
activities and to provide technical and regulatory assistance
to the local community and surrounding counties. Further, the
agreement includes $20,000,000 above the budget request to
provide support for community-focused education and training
opportunities and economic development initiatives in the local
community and surrounding counties. The agreement reiterates
House direction on air and ground water monitoring and
reporting and land use planning.
Paducah Site.--Within available funding, $2,000,000 is
directed for a reindustrialization study to assess how the
Department's efforts complement the community's long-term plans
for reindustrialization and workforce development. The
Department is encouraged to utilize the additional funds to
advance deactivation work on the C-333 Process Building, one of
the four large process buildings at the site. The agreement
notes the progress of the workforce development partnership
with labor unions to train workers in the fields of radiation
protection and the Resource Conservation and Recovery Act to
build up the next generation of field workers. The Department
is encouraged to continue prioritizing partnerships by
utilizing local community colleges and universities to train
local citizens to advance the deactivation of C-333.
Science
The agreement provides $8,100,000,000 for Science.
Additional direction related to Department-wide
crosscutting initiatives is provided under the heading
Crosscutting Initiatives in front matter for the Department of
Energy.
Artificial Intelligence and Machine Learning.--The
agreement includes not less than $135,000,000 for Artificial
Intelligence and Machine Learning across the Office of Science
Programs.
Biomedical Sciences.--The Department is encouraged to
expand its relationships with NIH, including NIMH, to work
together more strategically to leverage the Department's
research capabilities, including instrumentation, materials,
modeling and simulation, and data science. The facilities and
equipment funded in this Act support applications in many areas
of biomedical research. Better coordination between the
Department and NIH could be instrumental in assisting to
develop the nation's health, security, and technologies with
novel biomedical application. The agreement includes not less
than $2,000,000 for collaboration with NIH within the
Department's data and computational mission space.
Established Program to Stimulate Competitive Research.--The
agreement provides not less than $35,000,000 for EPSCoR. The
Department is directed to continue annual or at minimum,
biennial implementation grant solicitations. Further, EPSCoR
shall be implemented and funded across all the Department of
Science Programs.
Facility Operations.--The agreement notes disappointment
with the Department's lack of support for robust user facility
operations in the budget request. Supporting these vital user
facilities should be a top priority for the Department to
advance scientific discovery. The Department is directed to
prioritize the stewardship of the user facilities in fiscal
year 2023 and in future budget requests.
HBCU/MSI Engagement.--The agreement provides not less than
$60,000,000, including through the Reaching a New Energy
Sciences Workforce (RENEW) and Funding for Accelerated,
Inclusive Research (FAIR) programs, in support of the Office of
Science's engagement with Historically Black Colleges and
Universities (HBCUs) and other Minority Serving Institutions
(MSIs) to build research capacity and workforce development.
Quantum Information Sciences.--The agreement provides not
less than $245,000,000 for quantum information science,
including not less than $120,000,000 for research and
$125,000,000 for the five National Quantum Information Science
Research Centers. The Department shall continue its
coordination efforts with the National Science Foundation,
other federal agencies, private sector stakeholders, and the
user community to promote researcher access to quantum systems,
enhance the U.S. quantum research enterprise, develop the U.S.
quantum computing industry, and educate the future quantum
computing workforce. Further, the Department is directed to
provide to the Committees not later than 90 days after
enactment of this Act a report of near-term application
developments and of the research funding breakdown across the
five National Quantum Information Science Research Centers.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
High Performance Computing and Network Facilities.--The
agreement provides not less than $175,000,000 for the Argonne
Leadership Computing Facility, not less than $255,000,000 for
the Oak Ridge Leadership Computing Facility, and not less than
$130,000,000 for the National Energy Research Scientific
Computing Center at Lawrence Berkeley National Laboratory. The
agreement includes not less than $90,000,000 to support
necessary infrastructure upgrades and operations for ESnet.
The Department is directed to support continued planning
and design for the High Performance Data Facility.
Mathematical, Computational, and Computer Sciences
Research.--The agreement provides not less than $300,000,000
for Mathematical, Computational, and Computer Sciences
Research.
The agreement includes not less than $15,000,000 and up to
$45,000,000 for the development of advanced memory technologies
to advance artificial intelligence and analytics for science
applications by a U.S.-based manufacturer of memory systems and
memory semantic storage.
The agreement supports the Center for Advanced Mathematics
for Energy Research Applications (CAMERA) and encourages the
Department to support the creation of a crosscutting research
program that leverages applied math, computer science and
computational science to deliver artificial intelligence
research, development, and deployment to increase the
scientific productivity of the user facilities.
The agreement provides not less than $20,000,000 for
computational sciences workforce programs.
BASIC ENERGY SCIENCES
The agreement provides not less than $130,000,000 for
Energy Frontier Research Centers, $25,000,000 for the Batteries
and Energy Storage Hub, and not less than $20,000,000 for the
Fuels from Sunlight Hub.
The agreement provides $1,000,000 to establish a center,
with coordination between the national laboratories and
universities, focused on computational research for precision
design of materials. This research should be focused on
developing computational research relevant to the Materials
Genome Initiative, the National Quantum Initiative and
Computational Materials Science in order to discover and
understand advanced materials with unique properties that are
able to develop new quantum device capabilities, such as
enhanced resolution in imaging, sensors, and detectors, as well
as significantly larger computational capabilities.
The agreement provides not less than $566,000,000 for
facilities operations of the nation's light sources, not less
than $311,000,000 for facilities operations of the high-flux
neutron sources, and not less than $149,000,000 for facilities
operations of the Nanoscale Science Research Centers (NSRC).
The agreement provides not less than $17,500,000 for other
project costs, including $5,000,000 for Advanced Photon Source
Upgrade, $4,000,000 for Linac Coherent Light Source-II-HE,
$5,000,000 for the Second Target Station, not less than
$2,000,000 for HFIR Pressure Vessel Replacement, and $1,500,000
NSLS-II Experimental Tools III.
The agreement includes $25,000,000 for NSRC
Recapitalization and not less than $25,000,000 for NSLS-II
Experimental Tools-II.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement includes not less than $405,000,000 for
Biological Systems Science and not less than $425,000,000 for
Earth and Environmental Systems Sciences.
The agreement provides up to $20,000,000 to support low-
dose radiation research. The Department is directed to
coordinate this work with the Office of Environment, Health,
Safety, and Security.
The agreement provides not less than $110,000,000 for the
Bioenergy Research Centers to accelerate research and
development needed for advanced fuels and products.
The Department is directed to maintain Genomic Science as a
top priority, and the agreement provides not less than
$109,000,000 for Foundational Genomics Research. Further, the
agreement includes not less than $45,000,000 for Biomolecular
Characterization and Imaging Science. The agreement provides
not less than $90,000,000 for the Joint Genome Institute.
The Department is directed to support activities to advance
Artificial Intelligence for Earth System Processes (AI4ESP) for
integrating diverse observations and models, with a focus on
water cycles, extreme hydrology in vulnerable watersheds
critical for U.S. water resilience in a changing climate, and
atmospheric cloud aerosols.
The Department is directed to support activities to develop
integrated mountainous hydroclimate modeling and observational
capabilities. The Department is directed to leverage activities
supported by other federal agencies who are also active in
investigating how the snow dominated Upper Colorado mountainous
systems are responding to extreme events and gradual warming
and the implications for water resilience in the western United
States.
The Department is encouraged to support activities for
academia to perform independent evaluations of climate models
using existing data sets and peer-reviewed publications of
climate-scale processes in order to determine various models'
ability to reproduce the actual climate.
The agreement provides $30,000,000 to continue the
development of observational assets and support associated
research on the nation's major land-water interfaces, including
the Great Lakes and the Puget Sound, by leveraging national
laboratories' assets as well as local infrastructure and
expertise at universities and other research institutions. The
Department is directed to provide the ten-year research plan to
the Committees not later than 30 days after enactment of this
Act.
The agreement provides not less than $36,000,000 to improve
the understanding of key cloud, aerosol, precipitation, and
radiation processes. The Department is encouraged to coordinate
with the Department of Homeland Security to improve
modernization and adaptation of capabilities from the National
Infrastructure Simulation and Analysis Center to support
climate impacts on infrastructure and communities. The
Department is encouraged, in cooperation with other agencies as
relevant, to implement a pilot program providing
instrumentation for observing marine aerosols, greenhouse
gases, and other environmental factors as relevant, deployed on
commercial or other non-dedicated ocean vessels, and to
evaluate a sustained observing network using such platforms.
The agreement notes support for the Department's activities to
support the previously-directed five-year plan and accompanying
scientific assessment led by the Office of Science and
Technology Policy on solar and other climate interventions.
The agreement supports the development and prototyping of
fabricated ecosystem testbeds, sensing systems and data
capabilities to enable interrogation of biological-
environmental interactions across molecular to ecosystem-
relevant scales-under controlled laboratory conditions and
through remote connections to field observatories.
The agreement provides $2,000,000 for academia to perform
independent evaluations of climate models using existing data
sets and peer-reviewed publications of climate-scale processes
to determine various models' ability to reproduce the actual
climate.
The agreement provides not less than $120,000,000 for
Environmental System Science.
The Department is directed to continue to support the
Environmental System Science Focus Areas and enabling
infrastructure, such as the SPRUCE manipulation site and
management of the AmeriFLUX project.
The Department is directed to give priority to optimizing
the operation of Biological and Environmental Research User
Facilities. The agreement provides not less than $65,000,000
for operation of the Environmental and Molecular Sciences
Laboratory and supports investment in the microbial molecular
phenotyping capability project. The agreement supports
activities for the Atmospheric Radiation Measurement (ARM) User
Facility.
FUSION ENERGY SCIENCES
The Department is directed to follow and embrace the
recommendations of the Fusion Energy Sciences Advisory
Committee's ``Powering the Future: Fusion and Plasmas'' report,
and the Committees' endeavor to provide funding that reflects
the prioritization developed through the community's consensus
process. The Department is directed to include an explanation
in future budget requests how the Department is aligning its
Fusion Energy Sciences program with the recommendations of the
``Powering the Future: Fusion and Plasmas'' report.
The agreement provides not less than $45,000,000 for Theory
& Simulation and not less than $81,000,000 for Burning Plasma
Science Long Pulse.
The agreement provides not less than $104,000,000 for NSTX-
U, including NSTX-U Operations and NSTX-U Research.
The agreement provides not less than $130,000,000 for DIII-
D, including DIII-D Operations and DIII-D Research. The
Department is encouraged to support activities to enable
completion of planned facility enhancements, revitalization of
critical equipment, and critical new tools to address critical
research needs and secure U.S. leadership in support of ITER
and a potential future fusion pilot plant. The Department is
encouraged to provide increased research operations and enable
broader participation in the DIII-D program by university
researchers and graduate students, to fully exploit the world
leading capabilities developed at the facility. Further, the
Department is encouraged to support training activities at
DIII-D for the next generation of fusion scientists.
The agreement includes not less than $25,000,000 for the
Milestone-Based Development Program.
The Department is encouraged to prioritize high-performance
computation activities for fusion energy research.
The agreement provides up to $32,000,000 for the High-
Energy-Density Laboratory Plasmas to advance cutting-edge
research in extreme states of matter, support and expand the
capabilities of the LaserNetUS facilities, and continue
investments in new intense, ultrafast laser technologies and
facilities needed to implement the recommendations of the
Brightest Light Initiative Workshop Report in order to retain
U.S. leadership in these fields.
The agreement provides not less than $14,000,000 for the
Materials Plasma Exposure eXperiment.
The agreement provides $5,000,000 to support research for
facility enhancements and new development and test facilities
for university-based fusion experiments.
The agreement provides $242,000,000 for the ITER project.
Within available funds for ITER, the agreement provides not
less than $70,000,000 for cash contributions.
The Department is encouraged to develop and support a
national team for ITER research, operations, and commissioning,
which is required to take full advantage of ITER when it is
completed.
The agreement includes no direction regarding the FY22
required ITER information.
HIGH ENERGY PHYSICS
The agreement provides not less than $35,000,000 for the
Sanford Underground Research Facility. The agreement includes
up to $10,000,000 for the Cosmic Microwave Background-Stage 4.
The Department is encouraged to fund facility operations at
levels for optimal operations. The Department is encouraged to
fund facility operations and MIEs at optimal levels.
NUCLEAR PHYSICS
The Department is directed to give priority to optimizing
operations for all Nuclear Physics user facilities.
The agreement provides not less than $20,000,000 for other
project costs for the Electron Ion Collider.
ISOTOPE R&D AND PRODUCTION
The agreement provides up to $4,000,000 to increase their
inventory of Sr-90 in light of the nation's growing demand for
Sr-90 for multiple applications.
WORKFORCE DEVELOPMENT FOR TEACHERS AND SCIENTISTS
The Department is encouraged to continue to work with 2-
year, community and technical colleges, labor, and
nongovernmental and industry consortia to pursue job training
programs, including programs focused on displaced fossil fuel
workers, that lead to an industry-recognized credential in the
energy workforce.
Nuclear Waste Disposal
The agreement provides $10,205,000 for Nuclear Waste
Disposal for Nuclear Waste Fund (NWF) oversight activities,
which is derived from the NWF.
The Department is directed to provide to the Committees not
later than 90 days after enactment of this Act a briefing on
anticipated future-year requirements for NWF oversight
activities.
Technology Transitions
The agreement provides $22,098,000 for Technology
Transitions.
The agreement provides not less than $5,000,000 to support
the Energy Program for Innovation Clusters Program.
The Department is directed to provide the Committees not
later than 180 days after enactment of this Act a report
outlining the office's five-year roadmap to achieving its goal
of commercializing the Department's technology.
Clean Energy Demonstrations
The agreement provides $89,000,000 for Clean Energy
Demonstrations.
The agreement notes support for the Department's activities
to build capacity to implement large-scale funding
opportunities as well as prepare for long-term operation of the
office. The Office of Clean Energy Demonstrations (OCED)
represents an opportunity for the Department to provide
dedicated expertise and focus to successfully implement large-
scale, pre-commercial clean energy technology demonstrations.
The Department is encouraged to prioritize technology
demonstrations for the highest emitting sectors.
The agreement notes support for the Department's efforts to
demonstrate the technical and economic viability of carrying
out alternative energy projects on current and former mine land
compatible in a manner with existing operations.
The Department is directed to continue to provide the
Committees quarterly briefings on efforts to conduct
administrative and project management activities for technology
demonstrations.
The Department is directed to conduct OCED activities on a
competitive basis and include cost-share requirements pursuant
to section 988 of the Energy Policy Act of 2005. The Department
is encouraged to conduct these activities through technology
neutral solicitations focused on crosscutting energy
challenges. It is expected that the Department avoid the
practice of making awards dependent on funding from future
years' appropriations.
Advanced Research Projects Agency--Energy
The agreement provides $470,000,000 for the Advanced
Research Projects Agency--Energy.
The budget request proposes to expand ARPA-E's scope to
focus on climate innovations, adaptation, and resilience. The
agreement notes that ARPA-E already has the ability to fund
this work through section 5012 of the America COMPETES Act.
This includes climate-related innovations, and further, the
agreement notes that ARPA-E already funds such activities.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides a net appropriation of $31,206,000
in administrative expenses for the Title 17 Innovative
Technology Loan Guarantee Program.
As provided in 42 U.S.C. 16511, the Secretary may make
guarantees under this section only for projects that avoid,
reduce, or sequester air pollutants or anthropogenic emissions
of greenhouse gases and employ new or significantly improved
technologies as compared to commercial technologies in service
in the United States upon issuance of the loan guarantee.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $9,800,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $4,000,000 for the Tribal Energy
Loan Guarantee Program.
Indian Energy Policy and Programs
The agreement provides $75,000,000 for Indian Energy Policy
and Programs.
The agreement provides up to $45,000,000 to advance
technical assistance, demonstration, and deployment of clean
energy for households and communities in tribal nations to
improve reliability, resilience, and alleviate energy poverty.
The agreement provides up to $8,000,000 for coordinated
research, development, deployment, and training related to
advanced microgrid-enabling technologies, with a focus on
underserved and Indigenous communities in remote and islanded
areas.
The Department is encouraged to use its cost share waiver
authority under section 2602 of the Energy Policy Act of 1992,
as modified by section 8013 of the Energy Act of 2020, when
appropriate.
The Department is encouraged to partner with organizations
with specialized experience addressing local energy challenges,
including community-based organizations and institutions of
higher education, with a priority for minority-serving
institutions.
The agreement notes support for the Office of Indian
Energy's efforts to utilize local Subject Matter Experts to
assist Indian Tribes and Alaska Native Villages in development
energy projects and providing support for energy planning.
The Department is encouraged to design funding opportunity
announcements that do not exclude tribes based on local land
ownership structures, consistent with expanded authority under
section 2602 of the Energy Policy Act of 1992, as modified by
section 8013 of the Energy Act of 2020.
Departmental Administration
The agreement provides $283,000,000 for Departmental
Administration.
Control Points.--The agreement includes eight reprogramming
control points in this account to provide flexibility in the
management of support functions. The Other Departmental
Administration activities include Management, Project
Management Oversight and Assessments, Chief Human Capital
Officer, Office of Small and Disadvantaged Business
Utilization, General Counsel, Office of Policy, and Public
Affairs. The Department is directed to continue to submit a
budget request that proposes a separate funding level for each
of these activities.
Chief Information Officer.--The agreement provides not less
than $125,000,000 for cybersecurity and cyber modernization
across the Department. The agreement provides up to $10,000,000
for the IM Office of Architecture, Engineering, Technology, and
Innovation to expand low-code application development across
the Department and establish a Low-Code Platform Factory that
improves the efficiency of custom application development,
improves cybersecurity posture, reduces operation and
maintenance costs associated with legacy applications, and
empowers Department personnel who are closest to problems to
create solutions, selecting low-code application development
options that are most appropriate for each mission need
pursuant to IM's market research.
International Affairs.--The agreement provides $2,000,000
for the Israel Binational Industrial Research and Development
(BIRD) Foundation and $4,000,000 to continue the U.S. Israel
Center of Excellence in Energy Engineering and Water
Technology.
Other Departmental Administration.--The agreement provides
not less than $35,000,000 for the Chief Human Capital Officer,
not less than $13,500,000 for Project Management Oversight and
Assessments, and not less than $20,000,000 for the Office of
Policy.
U.S. Energy and Employment Report.--The Department is
directed to continue to complete an annual U.S. energy
employment report that includes a comprehensive statistical
survey to collect data, publish the data, and provide a summary
report. The information collected shall include data relating
to employment figures and demographics in the U.S. energy
sector using methodology approved by the Office of Management
and Budget in 2016. The Department is directed to produce and
release this report annually.
The agreement is supportive of the work on the CIO Business
Operations Support Services (CBOSS) program, and the Department
is directed to provide regular updates on any developments
regarding this effort.
The Arctic Energy Office is encouraged to explore the
feasibility, scalability, and potential commercialization of
utilizing data server waste heat from immersion cooling
technologies as a heat source for integration with other
renewable energy resources for heat pump district heating
purposes.
Office of the Inspector General
The agreement provides $86,000,000 for the Office of the
Inspector General.
The Inspector General is directed to continue providing
quarterly briefings to the Committees on implementation of the
independent audit strategy.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $22,162,564,000 for the National
Nuclear Security Administration (NNSA). The agreement continues
funding for recapitalization of our nuclear weapons
infrastructure, while modernizing and maintaining a safe,
secure, and credible nuclear deterrent without the need for
underground testing. The agreement supports continuing
important efforts to secure and permanently eliminate remaining
stockpiles of nuclear and radiological materials both here and
abroad to reduce the global danger from the proliferation of
weapons of mass destruction. The agreement also supports Naval
Reactors and the important role they play in enabling the
Navy's nuclear fleet.
A highly skilled and diverse workforce is required to
maintain and modernize the nuclear weapons stockpile and
execute the global nonproliferation initiatives of the NNSA.
The agreement commends the NNSA for considerable progress made
to recruit and retain this unique workforce but reminds NNSA to
remain within authorized staffing levels in the coming fiscal
year.
The agreement notes concern with NNSA's lack of
transparency and inability to proactively communicate with the
Committees. NNSA is directed to provide to the Committees not
later than 30 days after enactment of this Act a briefing on
its plan for improved communication and outreach with the
Committees.
NNSA Reorganization.--The agreement notes concern that NNSA
has not clearly defined a compelling rationale that justifies
its May 2022 announced reorganization. Reorganizations are
often disruptive to work and difficult on the workforce, which
in turn can decrease overall performance and productivity.
Further, NNSA's high-level goals for the reorganization are
unspecific, and NNSA may find it difficult to determine whether
the reorganization is successful. NNSA should take additional
action while it continues to implement its July 2022
reorganization.
Therefore, NNSA is directed to establish not later than 90
days after enactment of this Act specific goals and performance
measures for its July 2022 reorganization. NNSA is further
directed to report to the Committees not later than one year
after enactment of this Act and annually thereafter for five
years on its progress to meeting the specific goals for the
July 2022 reorganization using the established performance
measures.
Enhanced Mission Delivery Initiative.--The agreement
recognizes the unique challenges associated with the operations
of the nuclear security enterprise. Given its current workload,
recruiting and retention concerns, and the importance of the
relationship between the federal personnel and the M&O
contractors, NNSA action on recommendations in its recent
Enhanced Mission Delivery Initiative (EMDI) may be prudent.
Prior to NNSA's implementation of any EMDI recommendations, the
Comptroller General of the United States is directed to
evaluate the proposed implementation and brief the Committees
on its findings at a schedule to be determined in consultation
with the Committees.
Project Management.--The agreement notes NNSA's inability
to properly estimate costs and timelines for large projects.
The NNSA is encouraged to assess and reassess as needed current
performance on projects costing more than $750,000,000 and make
appropriate project management changes. When reassessing, the
NNSA is encouraged to identify problems in cost and schedule
estimates early, and provide updated information to the
Committees immediately.
Weapons Activities
The agreement provides $17,116,119,000 for Weapons
Activities.
The agreement urges the Administration to ensure that
military requirements align to what the NNSA can realistically
achieve.
University Collaboration.--The agreement notes progress in
establishing the Center of Excellence regarding lifetime
extension and materials degradation issues, including its
expansion to the entire nuclear security enterprise. NNSA is
encouraged to continue these efforts, including developing a
recruiting pipeline capability across the enterprise, in
consultation with institutions that have an existing track
record with institutions traditionally underrepresented in the
nuclear security industry, including Minority Serving
Institutions and Historically Black Colleges and Universities.
Cattle.--The agreement notes the presence of unauthorized
and unbranded cattle on Department land near Los Alamos
National Laboratory. The cattle pose health, safety, and
environmental risks. NNSA is encouraged to remove all
unauthorized and unbranded cattle between Water Canyon and
Frijoles Canyon not later than 12 months after enactment of
this Act. NNSA is directed to provide to the Committees not
later than 12 months after enactment of this Act a plan for
removal of all unauthorized and unbranded cattle from
Department property near Los Alamos National Laboratory,
including statutory impediments to that plan.
Plutonium Pit Production.--NNSA is directed to provide to
the Committees not later than 180 days after enactment of this
Act a plan to establish a two-site Integrated Master Schedule
covering the entirety of the work required to produce 80 pits
per year and a timeline that NNSA has high confidence will
achieve this critical requirement.
NNSA is further directed to provide to the Committees not
later than 180 days after enactment of this Act a contingency
plan coordinated with the Department of Defense for meeting
strategic deterrent requirements based on current pit
production timelines.
Plutonium Modernization.--The agreement provides not less
than $10,000,000 for workforce development and training
partnerships with Historically Black Colleges and Universities
(HBCUs), Hispanic-Serving Institutions, and Tribal Colleges and
Universities in South Carolina and New Mexico to support
plutonium pit production.
Academic Programs.--The agreement provides $45,000,000 for
the Minority Serving Institution Partnership Program and
$10,000,000 for the Tribal Education Partnership Program.
Inertial Confinement Fusion (ICF) and High Yield.--The
agreement provides $630,000,000 for ICF. Within available
funds, the agreement provides not less than $380,000,000 for
the National Ignition Facility (NIF), not less than $86,100,000
for OMEGA, and not less than $82,600,000 for the Z Facility.
Within funds provided for Facility Operations, the agreement
provides not less than $35,000,000 for NNSA to manage target
development and acquisition. The fiscal year 2022 Act directed
NNSA to provide to the Committees a strategic plan for
recapitalizing, upgrading, and maintaining ICF facilities. NNSA
is directed to provide the report to the Committees not later
than 30 days after enactment of this Act.
Advanced Simulation and Computing.--The agreement provides
$35,000,000 for research in advanced memory technology and
near-memory computing architectures by a U.S.-based
manufacturer of very large-scale memory systems and memory
semantic storage from 100s of terabytes to petabytes that will
inspire advancements in data marshaling technologies that will
dramatically improve effective performance for NNSA mission
applications.
Contractor Pensions.--The agreement provides $114,632,000
for payments into the legacy University of California
contractor employee defined benefit pension plans, the Requa
settlement reached in 2019, and the pension plan at the
Savannah River Site.
Defense Nuclear Nonproliferation
The agreement provides $2,490,000,000 for Defense Nuclear
Nonproliferation.
NNSA is encouraged to continue to cooperate and support the
Office of Nuclear Energy in developing safeguards concepts,
policies, and technologies to address the proliferation
challenges unique to advanced nuclear reactors. NNSA is further
encouraged to cooperate with the national laboratories and
industry to support the implementation of ``safeguards-by-
design'' features in advanced nuclear reactors.
The agreement provides $51,200,000 to pack and ship
material from Y-12 to a domestic commercial processor to begin
production of limited quantities of HALEU.
The agreement provides $30,000,000 to remove HALEU from a
partner country.
The agreement provides not less than $25,000,000 for the
Green Border Security Initiative within the Nuclear Smuggling
Detection and Deterrence program.
The agreement provides $20,000,000 for the University
Consortia for Nonproliferation Research.
NNSA Bioassurance Program.--The agreement reiterates House
direction regarding initial and quarterly reporting on
Bioassurance activities.
Contractor Pensions.--The agreement provides $55,708,000
for payments into the legacy UC defined benefit pension plans,
the Requa settlement reached in 2019, and the pension plan at
the SRS.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,081,445,000 for Naval Reactors.
Naval Reactors Development.--Naval Reactors is directed to
provide quarterly briefings to the Committees outlining its
research and development program's direction and plan for the
future.
Federal Salaries and Expenses
The agreement provides $475,000,000 for Federal Salaries
and Expenses.
The agreement recognizes the importance of recruiting and
retaining the highly skilled personnel needed to meet NNSA's
important mission. NNSA is directed to only hire within
authorized personnel numbers provided for a given fiscal year,
and if NNSA exceeds this authorized amount, then the
Administrator must submit to the Committees not later than 30
days a report justifying the excess.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $7,025,000,000 for Defense
Environmental Cleanup.
Future Budget Requests.--The Department is directed to
include out-year funding projections in the annual budget
request by control point for Environmental Management, and an
estimate of the total cost and time to complete each site.
Richland.--The agreement provides $1,006,519,000 for
Richland Operations in order to fund the Department's
compliance with its legal obligations under the Tri-Party
Agreement. As a signatory to the Tri-Party Agreement, the
Department is required to meet specific compliance milestones
toward the cleanup of the Hanford site. Among other things, the
Department committed to provide the funding necessary to enable
full compliance with its cleanup milestones. The agreement
recognizes that significant progress has been made at the
Hanford site, but greater funding will be necessary to meet
compliance milestones.
In additional to annual operations funding to support the
national historical park mission, the agreement funds B Reactor
roof replacement and other preservation efforts as well as all
other operations and maintenance requirements for the B Reactor
facility.
The Department is directed to support the Hanford Workforce
Engagement Center to provide education and advocacy to current
and former Hanford employees on all available federal and state
compensation programs as well as the Hazardous Materials and
Emergency Response facilities, which provide valuable training
to Hanford employees.
None of the Richland Operations funds shall be used to
carry out activities with the Office of River Protection's tank
farms.
Office of River Protection.--The agreement provides
$1,730,408,000 for the Office of River Protection. The
Department is reminded that meeting the Consent Decree
milestone for operations of Direct Feed Low Activity Waste must
remain the Department's top focus within the Office of River
Protection. The agreement reiterates House direction regarding
low level waste offsite disposal.
The agreement provides funds for full engineering,
procurement, and construction work on the High-Level Waste
Treatment Facility, for design and engineering of the Pre-
Treatment Facility, to ensure compliance with the 2016 Consent
Decree and Tri-Party Agreement milestones, and to continue tank
waste retrievals.
Idaho National Laboratory.--The agreement notes efforts
underway at the Idaho National Laboratory Site to collaborate
across all programs and contractors to address respective
missions. The agreement encourages the Office of Nuclear
Energy, the Office of Environmental Management, and Naval
Reactors to continue this integration to ensure existing
facilities, capabilities, and workforce are being utilized
efficiently and effectively. As part of this integration
effort, the Department is directed to develop an Idaho Sitewide
Spent Nuclear Fuel Management Plan and shall analyze the use of
the Naval Reactors spent fuel packaging facility to support
EM's packaging needs in lieu of new construction.
The agreement notes that funding was provided in the fiscal
year 2022 Act to pilot a road-ready, dry storage packaging
capability and the Department is encouraged to move forward
expeditiously with these activities in coordination with the
Office of Nuclear Energy. Further, the Department is directed
to provide to the Committees not later than 60 days after
enactment of this Act a briefing, coordinated between the
Offices of Environmental Management and Nuclear Energy, to
address elimination of mixed waste streams identified in the
Idaho National Laboratory Site Treatment Plan.
Program Direction.--The agreement recognizes the need to
prepare the next generation of environmental management
workforce and encourages the Department to continue mentoring,
training, and recruiting the next generation of environmental
management workforce. As part of its workforce strategies, the
Department is encouraged to leverage the DOE Scholars Program
to enable the training of technicians to support cleanup and
remediation activities across the program.
Technology Development.--The agreement provides $5,000,000
for the National Spent Nuclear Fuel Program to address issues
related to storing, transporting, processing, and disposing of
Department-owned and managed spent nuclear fuel. The agreement
provides up to $7,000,000 for work on qualification, testing
and research to advance the state-of-the-art containment
ventilation systems.
Defense Uranium Enrichment Decontamination And Decommissioning
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $586,035,000 for Defense Uranium
Enrichment Decontamination and Decommissioning.
Other Defense Activities
The agreement provides $1,035,000,000 for Other Defense
Activities.
The agreement notes the importance of the Environment,
Health, Safety, and Security mission to inform worker health
and safety decisions. The Department is encouraged to support
efforts to further engage subject matter experts, knowledge
sharing tools, and health database innovations allowing for
continuous improvement in this important area.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation And Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation And Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $10,608,000
for the Southwestern Power Administration.
Construction, Rehabilitation, Operation And Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of $98,732,000
for the Western Area Power Administration.
Falcon And Amistad Operating And Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $508,400,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for certain
multi-year ``Energy Programs'' activities without notification;
and prohibits the obligation or expenditure of funds provided
in this title through a reprogramming of funds except in
certain circumstances. The notification requirements in the
provision also apply to the modification of any grant,
contract, or Other Transaction Agreement where funds are
allocated for new programs, projects, or activities not covered
by a previous notification.
The agreement includes a provision authorizing intelligence
activities of the Department of Energy for purposes of section
504 of the National Security Act of 1947.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or critical
decision-3 for certain construction projects, unless a separate
independent cost estimate has been developed for that critical
decision.
The agreement includes a provision regarding authority to
release refined petroleum product from the Strategic Petroleum
Reserve.
The agreement includes a provision to prohibit certain
payments.
The agreement includes a provision transferring certain
funds that may only be used for cleanup related activities at
the Paducah, KY and Portsmouth, OH gaseous diffusion plants.
The agreement includes a provision related to the loan
programs.
The agreement includes a provision regarding property
disposition.
The agreement includes a provision that prohibits the use
of certain funds in this title unless project management is
conducted.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $200,000,000 for the Appalachian
Regional Commission (ARC).
The agreement provides $8,000,000 for Local Development
Districts.
The agreement provides $10,000,000 to continue the program
of high-speed broadband deployment in distressed counties
within the Central Appalachian region that have been most
negatively impacted by the downturn in the coal industry.
The agreement provides not less than $15,000,000 for
counties within the Northern Appalachian region to support
economic development, manufacturing, and entrepreneurship.
The agreement provides $16,000,000 for a program of basic
infrastructure improvements in distressed counties in Central
Appalachia. Funds shall be distributed according to ARC's
distressed counties formula and shall be in addition to the
regular allocation to distressed counties.
The agreement provides $65,000,000 is for the POWER Plan.
The agreement includes $13,000,000 to address the substance
abuse crisis that disproportionally affects Appalachia.
The agreement provides not less than $16,000,000 for a
program of industrial site and workforce development in
Southern and South Central Appalachia, focused primarily on the
automotive supplier sector and the aviation sector. Up to
$13,500,000 of that amount is for activities in Southern
Appalachia. The funds shall be distributed to states that have
distressed counties in Southern and South Central Appalachia
using the ARC Area Development Formula.
The agreement provides $15,000,000 to continue a program of
high-speed broadband deployment in economically distressed
counties within the North Central and Northern Appalachian
regions.
The agreement reiterates House direction regarding high-
poverty areas.
Defense Nuclear Facilities Safety Board
SALARIES AND EXPENSES
The agreement provides $41,401,000 for the Defense Nuclear
Facilities Safety Board (DNFSB).
Congress permanently authorized the Inspector General for
the Nuclear Regulatory Commission to serve as the Inspector
General for the DNFSB. The agreement includes $1,520,000 within
the Office of Inspector General of the Nuclear Regulatory
Commission to perform these services.
Delta Regional Authority
SALARIES AND EXPENSES
The agreement provides $30,100,000 for the Delta Regional
Authority.
The agreement includes not less than $15,000,000 for flood
control, basic public infrastructure development, and
transportation improvements, which shall be allocated separate
from the state formula funding method.
The agreement reiterates House direction regarding high-
poverty areas.
Denali Commission
The agreement provides $17,000,000 for the Denali
Commission.
The agreement reiterates House direction regarding high-
poverty areas.
Northern Border Regional Commission
The agreement provides $40,000,000 for the Northern Border
Regional Commission (NBRC).
The agreement provides not less than $4,000,000 for
initiatives that seek to address the decline in forest-based
economies throughout the region and $1,250,000 for the State
Capacity Building Grant Program authorized in the 2018 Farm
Bill, provided that the funds support dedicated in-state
resources focused on NBRC programs.
The agreement reiterates House direction regarding high-
poverty areas.
Southeast Crescent Regional Commission
The agreement provides $20,000,000 for the Southeast
Crescent Regional Commission.
The agreement reiterates House direction regarding high-
poverty areas.
Southwest Border Regional Commission
The agreement provides $5,000,000 for the Southwest Border
Regional Commission.
The agreement supports targeted investment in impoverished
areas to promote economic development in communities where it
has been scarce, both in persistent poverty counties and in
other high-poverty areas.
Nuclear Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $911,384,000 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $777,498,000, resulting in a net appropriation of
$133,886,000.
Budget Execution Plan.--The Commission is directed to
provide to the Committees not later than 30 days after
enactment of this Act a specific budget execution plan. The
plan shall include details at the product line level within
each of the control points.
Integrated University Program.--The Commission is directed
to use $16,000,000 of prior year, unobligated balances for the
Integrated University Program, including for grants to support
research projects that do not align with programmatic missions
but are critical to maintaining the discipline of nuclear
science and engineering. Because the Commission has already
collected fees corresponding to these activities in prior
years, the agreement does not include these funds within the
fee base calculation for determining authorized revenues and
does not provide authority to collect additional offsetting
receipts for their use.
Advanced Nuclear Reactor Regulatory Infrastructure.--The
agreement includes $23,800,000 for the development of
regulatory infrastructure for advanced nuclear technologies,
which is not subject to the Commission's general fee recovery
collection requirements. The Commission is encouraged to
incorporate nuclear safeguards and security requirements into
its development of the advanced reactor regulatory
infrastructure and to work with the Department of Energy, the
International Atomic Energy Agency, and other groups in the
formulation of its licensing requirements.
Accident Tolerant Fuels Program.--The Commission is
directed to submit a report to the Committees on the
preparedness for accident tolerant fuel licensing with a focus
on what steps are being taken to ensure that licensing
activities (including higher burnup and enrichment) support
projected deployment schedules.
(Dollars in thousands)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety................................. $490,673
Integrated University Program.......................... 16,000
Nuclear Materials and Waste Safety..................... 111,594
Decommissioning and Low-Level Waste.................... 23,866
Corporate Support...................................... 285,251
Use of Prior-Year Balances............................. -16,000
----------------
Total, Nuclear Regulatory Commission............... 911,384
------------------------------------------------------------------------
OFFICE OF INSPECTOR GENERAL
The agreement provides $15,769,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $12,655,000, resulting in a net
appropriation of $3,114,000.
The agreement provides $1,520,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
SALARIES AND EXPENSES
The agreement provides $3,945,000 for the Nuclear Waste
Technical Review Board.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision relating to
reprogramming.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this provision,
the term ``transfer'' shall mean the shifting of all or part of
the budget authority in one account to another.
The agreement includes a provision prohibiting funds to be
used in contravention of the executive order entitled ``Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations.''
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION E--FINANCIAL SERVICES AND
GENERAL GOVERNMENT APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and
Freedman's Bank Building; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official
business; executive direction program activities; international
affairs and economic policy activities; domestic finance and
tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management
policies and programs activities, $273,882,000, of which not
less than $12,000,000 shall be available for the administration
of financial assistance, in addition to amounts otherwise
available for such purposes: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception
and representation expenses;
(2) not to exceed $258,000 is for unforeseen
emergencies of a confidential nature to be allocated
and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on the
Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available
until September 30, 2024, for--
(A) the Treasury-wide Financial Statement
Audit and Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration
of the Gulf Coast Restoration Trust Fund;
(D) the development and implementation of
programs within the Office of Cybersecurity and
Critical Infrastructure Protection, including
entering into cooperative agreements;
(E) operations and maintenance of facilities;
and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment
in the United States, $21,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury)
subject to advance notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That amounts so transferred shall remain
available until expended for expenses of implementing section
721 of the Defense Production Act of 1950, as amended (50
U.S.C. 4565), and shall be available in addition to any other
funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be
credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this
heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2023, so
as to result in a total appropriation from the general fund
estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators, human
rights abusers, money launderers, drug kingpins, and other
national security threats, $216,059,000, of which not less than
$3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by
the Global Magnitsky Human Rights Accountability Act (22 U.S.C.
2656 note): Provided, That of the amounts appropriated under
this heading, up to $12,000,000 shall remain available until
September 30, 2024.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$100,000,000, to remain available until September 30, 2025:
Provided, That such funds shall supplement and not supplant any
other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the total
amount made available under this heading $6,000,000 shall be
available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments
made under this heading: Provided further, That such funds
shall supplement and not supplant any other amounts made
available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and
renovations to buildings owned by the Department of the
Treasury, $11,118,000, to remain available until September 30,
2025: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support'' or
``Internal Revenue Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $48,878,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2024, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012 (33
U.S.C. 1321 note); and of which not to exceed $1,000 shall be
available for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); and services authorized by
5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $174,250,000, of
which $5,000,000 shall remain available until September 30,
2024; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall
be available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343),
$9,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by 5
U.S.C. 3109; not to exceed $25,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$190,193,000, of which not to exceed $55,000,000 shall remain
available until September 30, 2025.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $372,485,000; of which not to exceed
$8,000,000, to remain available until September 30, 2025, is
for information systems modernization initiatives; and of which
$5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and personnel
expenses for financial management of the Fund, as authorized by
section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $148,863,000; of which not to exceed $6,000
shall be available for official reception and representation
expenses; and of which not to exceed $50,000 shall be available
for cooperative research and development programs for
laboratory services; and provision of laboratory assistance to
State and local agencies with or without reimbursement:
Provided, That of the amount appropriated under this heading,
$5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further,
That of the amount appropriated under this heading, $5,000,000,
to remain available until September 30, 2024, shall be for the
costs associated with enforcement of and education regarding
the trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of new
liabilities and obligations incurred during fiscal year 2023
under such section 5136 for circulating coinage and protective
service capital investments of the United States Mint shall not
exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law
103-325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for EX-III,
$324,000,000. Of the amount appropriated under this heading--
(1) not less than $196,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)) with regard to Small and/or Emerging Community
Development Financial Institutions Assistance awards,
is available until September 30, 2024, for financial
assistance and technical assistance under subparagraphs
(A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)),
of which up to $1,600,000 may be available for training
and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used
for the cost of direct loans, of which up to
$10,000,000, notwithstanding subsection (d) of section
108 of Public Law 103-325 (12 U.S.C. 4707(d)), may be
available to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions to expand
investments that benefit individuals with disabilities,
and of which up to $2,000,000 shall be for the Economic
Mobility Corps to be operated in conjunction with the
Corporation for National and Community Service,
pursuant to 42 U.S.C. 12571: Provided, That the cost of
direct and guaranteed loans, including the cost of
modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize
gross obligations for the principal amount of direct
loans not to exceed $25,000,000: Provided further, That
of the funds provided under this paragraph, excluding
those made to community development financial
institutions to expand investments that benefit
individuals with disabilities and those made to
community development financial institutions that serve
populations living in persistent poverty counties, the
CDFI Fund shall prioritize Financial Assistance awards
to organizations that invest and lend in high-poverty
areas: Provided further, That for purposes of this
section, the term ``high-poverty area'' means any
census tract with a poverty rate of at least 20 percent
as measured by the 2016-2020 5-year data series
available from the American Community Survey of the
Bureau of the Census for all States and Puerto Rico or
with a poverty rate of at least 20 percent as measured
by the 2010 Island areas Decennial Census data for any
territory or possession of the United States;
(2) not less than $25,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)), is available until September 30, 2024, for
financial assistance, technical assistance, training,
and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native
communities and provided primarily through qualified
community development lender organizations with
experience and expertise in community development
banking and lending in Indian country, Native American
organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $35,000,000 is available until
September 30, 2024, for the Bank Enterprise Award
program;
(4) not less than $24,000,000, notwithstanding
subsections (d) and (e) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d) and (e)), is available until
September 30, 2024, for a Healthy Food Financing
Initiative to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions for the purpose of
offering affordable financing and technical assistance
to expand the availability of healthy food options in
distressed communities;
(5) not less than $9,000,000 is available until
September 30, 2024, to provide grants for loan loss
reserve funds and to provide technical assistance for
small dollar loan programs under section 122 of Public
Law 103-325 (12 U.S.C. 4719): Provided, That sections
108(d) and 122(b)(2) of such Public Law shall not apply
to the provision of such grants and technical
assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund
programs and the New Markets Tax Credit Program, of
which not less than $1,000,000 is for the development
of tools to better assess and inform CDFI investment
performance and CDFI program impacts, and up to
$300,000 is for administrative expenses to carry out
the direct loan program; and
(7) during fiscal year 2023, none of the funds
available under this heading are available for the
cost, as defined in section 502 of the Congressional
Budget Act of 1974, of commitments to guarantee bonds
and notes under section 114A of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee
bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31,
2023: Provided further, That of the funds awarded under
this heading, except those provided for the Economic
Mobility Corps, not less than 10 percent shall be used
for awards that support investments that serve
populations living in persistent poverty counties:
Provided further, That for the purposes of this
paragraph and paragraph (1), the term ``persistent
poverty counties'' means any county, including county
equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the 2016-2020 5-year data
series available from the American Community Survey of
the Bureau of the Census or any other territory or
possession of the United States that has had 20 percent
or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000 and 2010
Island Areas Decennial Censuses, or equivalent data, of
the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,780,606,000, of which not to exceed $100,000,000 shall
remain available until September 30, 2024, of which not less
than $11,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $26,000,000 shall be
available for low-income taxpayer clinic grants, including
grants to individual clinics of up to $200,000, of which not
less than $40,000,000, to remain available until September 30,
2024, shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation
assistance, and of which not less than $236,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the
Taxpayer Advocate Service, not less than $7,000,000 shall be
for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes,
to provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to
violations of internal revenue laws and other financial crimes,
to purchase and hire passenger motor vehicles (31 U.S.C.
1343(b)), and to provide other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2024;
of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$25,000,000 shall be for investigative technology for the
Criminal Investigation Division: Provided, That the amount made
available for investigative technology for the Criminal
Investigation Division shall be in addition to amounts made
available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue
Service to support taxpayer services and enforcement programs,
including rent payments; facilities services; printing;
postage; physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $4,100,826,000, of which not
to exceed $275,000,000 shall remain available until September
30, 2024; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and
construction, repair and renovation of facilities; of which not
to exceed $1,000,000 shall remain available until September 30,
2025, for research; and of which not to exceed $20,000 shall be
for official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United States
detailing major information technology investments in the
Internal Revenue Service Integrated Modernization Business Plan
portfolio, including detailed, plain language summaries on the
status of plans, costs, and results; prior results and actual
expenditures of the prior quarter; upcoming deliverables and
costs for the fiscal year; risks and mitigation strategies
associated with ongoing work; reasons for any cost or schedule
variances; and total expenditures by fiscal year: Provided
further, That the Internal Revenue Service shall include, in
its budget justification for fiscal year 2024, a summary of
cost and schedule performance information for its major
information technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any
other appropriation made available in this Act to the Internal
Revenue Service, may be transferred to any other Internal
Revenue Service appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with taxpayers,
cross-cultural relations, ethics, and the impartial application
of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to enhance the response time to
taxpayer communications, particularly with regard to victims of
tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer's former and new address and an officer or
employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures, verification
processes, documentation requirements, and policies issued by
the Chief Financial Officer, Human Capital Office, and Agency-
Wide Shared Services as a result of the recommendations in the
report published on May 31, 2013, by the Treasury Inspector
General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process
with respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject
to such policies as the Secretary (or the Secretary's delegate)
may establish, to utilize direct hire authority to recruit and
appoint qualified applicants, without regard to any notice or
preference requirements, directly to positions in the
competitive service to process backlogged tax returns and
return information.
Sec. 112. Notwithstanding section 1344 of title 31, United
States Code, funds appropriated to the Internal Revenue Service
in this Act may be used to provide passenger carrier
transportation and protection between the Commissioner of
Internal Revenue's residence and place of employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax
and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts shall
be reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury's intelligence or intelligence related activities are
deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2023 until the enactment of
the Intelligence Authorization Act for Fiscal Year 2023.
Sec. 121. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing's Industrial Revolving
Fund for necessary official reception and representation
expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the House of Representatives and the Senate not later than 30
days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan
shall include capital investment spending from all accounts
within the Department of the Treasury, including but not
limited to the Department-wide Systems and Capital Investment
Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such
Capital Investment Plan shall include expenditures occurring in
previous fiscal years for each capital investment project that
has not been fully completed.
Sec. 123. During fiscal year 2023--
(1) none of the funds made available in this or any
other Act may be used by the Department of the
Treasury, including the Internal Revenue Service, to
issue, revise, or finalize any regulation, revenue
ruling, or other guidance not limited to a particular
taxpayer relating to the standard which is used to
determine whether an organization is operated
exclusively for the promotion of social welfare for
purposes of section 501(c)(4) of the Internal Revenue
Code of 1986 (including the proposed regulations
published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on
January 1, 2010, which are used to make such
determinations shall apply after the date of the
enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized
report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds
charged to each office by the Franchise Fund including the
amount charged for each service provided by the Franchise Fund
to each office, a detailed description of the services, a
detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in
governing in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter
by object class, office, and activity;
(2) the estimated obligations for the remainder of
the fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each
office during the previous quarter;
(4) the estimated number of full-time equivalents
within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives,
and performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to
testify on the contents of the reports required under
subsection (a).
Sec. 126. In addition to amounts otherwise available, there
is appropriated to the Special Inspector General for Pandemic
Recovery, $12,000,000, to remain available until expended, for
necessary expenses in carrying out section 4018 of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136).
Sec. 127. Section 127 of the Department of the Treasury
Appropriations Act, 2019 (title I of division D of Public Law
116-6) is amended by inserting before the period at the end the
following: ``, including public improvements in the area around
such facility to mitigate traffic impacts caused by the
construction and occupancy of the facility''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103); and
not to exceed $19,000 for official reception and representation
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 107, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $15,609,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the
tracking of expenses related to reimbursable events within the
Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required
maintenance, resolution of safety and health issues, and
continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15
U.S.C. 1021 et seq.), $4,903,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $17,901,000, of which not to exceed $10,000
shall be available for official reception and representation
expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $115,463,000, of
which not to exceed $12,800,000 shall remain available until
expended for continued modernization of information resources
within the Executive Office of the President: Provided, That of
the amounts provided under this heading, up to $7,000,000 shall
be available for a program to provide payments (such as
stipends, subsistence allowances, cost reimbursements, or
awards) to students, recent graduates, and veterans recently
discharged from active duty who are performing voluntary
services in the Executive Office of the President under section
3111(b) of title 5, United States Code, or comparable authority
and shall be in addition to amounts otherwise available to pay
or compensate such individuals: Provided further, That such
payments shall not be considered compensation for purposes of
such section 3111(b) and may be paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in
accordance with section 1105(a) of title 31, United States
Code, $128,035,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That
none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing
any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management
and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the annual work plan
developed by the Corps of Engineers for submission to the
Committees on Appropriations: Provided further, That none of
the funds provided in this or prior Acts shall be used,
directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or
study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the
Civil Works water resource planning process: Provided further,
That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of
water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the
Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act
accordingly: Provided further, That no later than 14 days after
the submission of the budget of the United States Government
for fiscal year 2024, the Director of the Office of Management
and Budget shall make publicly available on a website a tabular
list for each agency that submits budget justification
materials (as defined in section 3 of the Federal Funding
Accountability and Transparency Act of 2006) that shall
include, at minimum, the name of the agency, the date on which
the budget justification materials of the agency were submitted
to Congress, and a uniform resource locator where the budget
justification materials are published on the website of the
agency.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III of
the Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403), including services
authorized by 5 U.S.C. 3109, $1,902,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), $21,926,000, of which not to exceed
$5,000 shall be available for official reception and
representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of
National Drug Control Policy Reauthorization Act of 1998, as
amended; not to exceed $10,000 for official reception and
representation expenses; and for participation in joint
projects or in the provision of services on matters of mutual
interest with nonprofit, research, or public organizations or
agencies, with or without reimbursement, $21,500,000: Provided,
That the Office is authorized to accept, hold, administer, and
utilize gifts, both real and personal, public and private,
without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program,
$302,000,000, to remain available until September 30, 2024, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $5,800,000 may be used for
auditing services and associated activities and $1,500,000
shall be for the Grants Management System for use by the Office
of National Drug Control Policy: Provided further, That any
unexpended funds obligated prior to fiscal year 2021 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2022, shall be funded at
not less than the fiscal year 2022 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2023 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control
Policy Reauthorization Act of 1998, as amended, $137,120,000,
to remain available until expended, which shall be available as
follows: $109,000,000 for the Drug-Free Communities Program, of
which not more than $12,780,000 is for administrative expenses,
and of which $2,500,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by section 8204 of
Public Law 115-271; $3,000,000 for drug court training and
technical assistance; $15,250,000 for anti-doping activities;
up to $3,420,000 for the United States membership dues to the
World Anti-Doping Agency; $1,250,000 for the Model Acts
Program; and $5,200,000 for activities authorized by section
103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other
Federal departments and agencies to carry out such activities:
Provided further, That the Director of the Office of National
Drug Control Policy shall, not fewer than 30 days prior to
obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives
and the Senate a spending plan and explanation of the proposed
uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2024.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology
in the Federal Government, $13,700,000, to remain available
until expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $6,076,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $321,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any department
or agency for expenses of carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. (a) During fiscal year 2023, any Executive order or
Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or
memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of
such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary
obligations and outlays as the result of such order or
memorandum, listed by Federal agency, for each year in
the 5-fiscal-year period beginning in fiscal year 2023;
and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-
fiscal-year period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2023 due to a national emergency, the
Director of the Office of Management and Budget may issue the
statement required by subsection (a) not later than 15 days
after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda estimated
to have a regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and
Budget shall issue a memorandum to all Federal departments,
agencies, and corporations directing compliance with the
provisions in title VII of this Act.
Sec. 204. In fiscal year 2023 and each fiscal year
thereafter--(1) the Office of Management and Budget shall
operate and maintain the automated system required to be
implemented by section 204 of the Financial Services and
General Government Appropriations Act, 2022 (division E of
Public Law 117-103) and shall continue to post each document
apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated
footnotes, in a format that qualifies each such document as an
open Government data asset (as that term is defined in section
3502 of title 44, United States Code); and (2) the requirements
specified in subsection (c), the first and second provisos of
subsection (d)(1), and subsection (d)(2) of such section 204
shall continue to apply.
Sec. 205. For an additional amount for ``Office of National
Drug Control Policy--Salaries and Expenses'', $10,482,000,
which shall be for initiatives in the amounts and for the
projects specified in the table that appears under the heading
``Administrative Provisions--Executive Office of the President
and Funds Appropriated to the President'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of
the funds made available by this section may be transferred for
any other purpose.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2023''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may
approve, $109,551,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $29,246,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized by
law, $21,260,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,905,055,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,975,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,382,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$58,239,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court or
Administrative Office of the United States Courts operations,
the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court or Administrative Office of
the United States Courts operations, building ingress-egress
control, inspection of mail and packages, directed security
patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities
as authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $750,163,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General: Provided, That funds made available under
this heading may be used for managing a Judiciary-wide program
to facilitate security and emergency management services among
the Judiciary, United States Marshals Service, Federal
Protective Service, General Services Administration, other
Federal agencies, state and local governments and the public;
and, notwithstanding sections 331, 566(e)(1), and 566(i) of
title 28, United States Code, for identifying and pursuing the
voluntary redaction and reduction of personally identifiable
information on the internet of judges and other familial
relatives who live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $102,673,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which
$1,800,000 shall remain available through September 30, 2024,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$21,641,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--the Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under sections 604 and 608 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in
the matter following paragraph 12--
(1) in the second sentence (relating to the District
of Kansas), by striking ``31 years and 6 months'' and
inserting ``32 years and 6 months''; and
(2) in the sixth sentence (relating to the District
of Hawaii), by striking ``28 years and 6 months'' and
inserting ``29 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109-
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the
second sentence (relating to the eastern District of Missouri)
by striking ``29 years and 6 months'' and inserting ``30 years
and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``20 years''
and inserting ``21 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``19 years and 6
months'' and inserting ``20 years and 6 months''; and
(3) in the third sentence (relating to the western
district of North Carolina), by striking ``18 years''
and inserting ``19 years''.
Sec. 307. Section 677 of title 28, United States Code, is
amended by adding at the end the following:
``(d) The Counselor, with the approval of the Chief Justice,
shall establish a retention and recruitment program that is
consistent with section 908 of the Emergency Supplemental Act,
2002 (2 U.S.C. 1926) for Supreme Court Police officers and
other critical employees who agree in writing to remain
employed with the Supreme Court for a period of service of not
less than two years.''.
Sec. 308. Section 996(b) of title 28, United States Code, is
amended by inserting ``84 (Federal Employees' Retirement
System),'' after ``83 (Retirement),''.
This title may be cited as the ``Judiciary Appropriations
Act, 2023''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by
the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding
jurisdictions, $30,000,000, to remain available until expended,
for the costs of providing public safety at events related to
the presence of the National Capital in the District of
Columbia, including support requested by the Director of the
United States Secret Service in carrying out protective duties
under the direction of the Secretary of Homeland Security, and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, including the transfer and hire of motor vehicles,
$291,068,000 to be allocated as follows: for the District of
Columbia Court of Appeals, $15,055,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the Superior Court of the District of Columbia,
$140,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $88,290,000, of which not to exceed
$2,500 is for official reception and representation expenses;
and $46,750,000, to remain available until September 30, 2024,
for capital improvements for District of Columbia courthouse
facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition
assessment: Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of Columbia
Courts for administering bar examinations and processing
District of Columbia bar admissions may be retained and
credited to this appropriation, to remain available until
expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may reallocate
not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial
Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section 11-
2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual
agreements to provide guardian ad litem representation,
training, technical assistance, and such other services as are
necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption
proceedings under chapter 3 of title 16, D.C. Official Code,
and payments authorized under section 21-2060, D.C. Official
Code (relating to services provided under the District of
Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under
this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided
further, That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies: Provided further, That of the unobligated balances
from prior year appropriations made available under this
heading, $22,000,000, are hereby rescinded not later than
September 30, 2023.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of
motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement
Act of 1997, $285,016,000, of which not to exceed $2,000 is for
official reception and representation expenses related to
Community Supervision and Pretrial Services Agency programs,
and of which not to exceed $25,000 is for dues and assessments
relating to the implementation of the Court Services and
Offender Supervision Agency Interstate Supervision Act of 2002:
Provided, That, of the funds appropriated under this heading,
$204,579,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses
relating to the supervision of adults subject to protection
orders or the provision of services for or related to such
persons, of which $7,798,000 shall remain available until
September 30, 2025, for costs associated with the relocation
under replacement leases for headquarters offices, field
offices and related facilities: Provided further, That, of the
funds appropriated under this heading, $80,437,000 shall be
available to the Pretrial Services Agency, of which $998,000
shall remain available until September 30, 2025, for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete
their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of
motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $53,629,000:
Provided, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended
in the same manner as funds appropriated for salaries and
expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a
program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code,
except that the maximum amount of the payment made under the
program to any individual may not exceed the amount referred to
in section 3523(b)(3)(B) of title 5, United States Code:
Provided further, That for the purposes of engaging with, and
receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government: Provided further, That the
District of Columbia Public Defender Service may enter into
contracts for the procurement of severable services and
multiyear contracts for the acquisition of property and
services to the same extent and under the same conditions as an
executive agency under sections 3902 and 3903 of title 41,
United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,450,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2024, to the Commission on Judicial Disabilities and
Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112-10):
Provided, That, to the extent that funds are available for
opportunity scholarships and following the priorities included
in section 3006 of such Act, the Secretary of Education shall
make scholarships available to students eligible under section
3013(3) of such Act (Public Law 112-10; 125 Stat. 211)
including students who were not offered a scholarship during
any previous school year: Provided further, That within funds
provided for opportunity scholarships up to $1,750,000 shall be
for the activities specified in sections 3007(b) through
3007(d) of the Act and up to $500,000 shall be for the
activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (``General Fund'') for programs and activities set
forth in the Fiscal Year 2023 Local Budget Act of 2022 (D.C.
Act 24-486) and at rates set forth under such Act, as amended
as of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817
of the Financial Services and General Government Appropriations
Act, 2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code),
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2023 under this heading shall not exceed the
estimates included in the Fiscal Year 2023 Local Budget Act of
2022, as amended as of the date of enactment of this Act or the
sum of the total revenues of the District of Columbia for such
fiscal year: Provided further, That the amount appropriated may
be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be approved
by enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer of
the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the
District during fiscal year 2023, except that the Chief
Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued
for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2023''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,465,000, to remain available until September 30, 2024, of
which not to exceed $1,000 is for official reception and
representation expenses.
Barry Goldwater Scholarship and Excellence in Education Foundation
salaries and expenses
For payment to the Barry Goldwater Scholarship and Excellence
in Education Fund, established by section 1408 of Public Law
99-661 (20 U.S.C. 4707), for necessary expenses to carry out
activities pursuant to the Barry Goldwater Scholarship and
Excellence in Education Act of 1986 (20 U.S.C. 4701 et seq.),
$2,000,000, to remain available until expended.
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District of
Columbia and elsewhere, $365,000,000, including not to exceed
$3,000 for official reception and representation expenses, and
not to exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $20,000,000
shall remain available until September 30, 2024, and of which
not less than $4,218,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the
limitations in 31 U.S.C. 1553, amounts provided under this
heading are available for the liquidation of obligations equal
to current year payments on leases entered into prior to the
date of enactment of this Act: Provided further, That for the
purpose of recording and liquidating any lease obligations that
should have been recorded and liquidated against accounts
closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for
and liquidating such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $152,500,000, of which
$2,000,000 shall remain available until expended, to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004), and of which
$2,000,000 shall remain available until expended, to carry out
the program, including administrative costs, required by
section 204 of the Nicholas and Zachary Burt Memorial Carbon
Monoxide Poisoning Prevention Act of 2022 (title II of division
Q of Public Law 117-103).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal
Register on November 19, 2014 (79 Fed. Reg. 68964) until
after--
(1) the National Academy of Sciences, in consultation
with the National Highway Traffic Safety Administration
and the Department of Defense, completes a study to
determine--
(A) the technical validity of the lateral
stability and vehicle handling requirements
proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as
``ROV'') rollovers in the off-road environment,
including the repeatability and reproducibility
of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were
adopted;
(C) whether there is a technical basis for
the proposal to provide information on a point-
of-sale hangtag about a ROV's rollover
resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by
the United States military if the proposed
requirements were adopted; and
(2) a report containing the results of the study
completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of
the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act
of 2002 (Public Law 107-252), $28,000,000, of which $1,500,000
shall be made available to the National Institute of Standards
and Technology for election reform activities authorized under
the Help America Vote Act of 2002, and of which $1,000,000, to
remain available until expended, shall be for the Help America
Vote College Program as authorized by title V of the Help
America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided
to the Election Assistance Commission for necessary expenses to
make payments to States for activities to improve the
administration of elections for Federal office, including to
enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the
United States Virgin Islands: Provided further, That each
reference to the ``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$1,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$200,000'': Provided further, That not later than two years
after receiving a payment under this heading, a State shall
make available funds for such activities in an amount equal to
20 percent of the total amount of the payment made to the State
under this heading: Provided further, That not later than 45
days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under
this heading: Provided further, That States shall submit
quarterly financial reports and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$390,192,000, to remain available until expended: Provided,
That $390,192,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2023 so as to result in a final fiscal year 2023
appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $132,231,000 for
fiscal year 2023: Provided further, That, of the amount
appropriated under this heading, not less than $12,131,000
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking
``December 31, 2022'' each place it appears and inserting
``December 31, 2023''.
Sec. 511. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change its rules or regulations for universal service
support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $47,500,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $81,674,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan
Numbered 2 of 1978, and the Civil Service Reform Act of 1978,
including services authorized by 5 U.S.C. 3109, and including
hire of experts and consultants, hire of passenger motor
vehicles, and including official reception and representation
expenses (not to exceed $1,500) and rental of conference rooms
in the District of Columbia and elsewhere, $29,400,000:
Provided, That public members of the Federal Service Impasses
Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $430,000,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, fees collected in
fiscal year 2023 for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), (and estimated to be $190,000,000 in fiscal year 2023)
shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That, notwithstanding any other provision of
law, fees collected to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
regardless of the year of collection (and estimated to be
$20,000,000 in fiscal year 2023), shall be credited to this
account, and be retained and used for necessary expenses in
this appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced (1) as such offsetting
collections are received during fiscal year 2023 and (2) to the
extent that any remaining general fund appropriations can be
derived from amounts credited to this account as offsetting
collections in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $48,000,000:
Provided further, That, notwithstanding section 605 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a note),
none of the funds credited to this account as offsetting
collections in previous fiscal years that were unavailable for
obligation as of September 30, 2022, shall become available for
obligation except as provided in the preceding proviso:
Provided further, That none of the funds made available to the
Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings, including grounds, approaches, and appurtenances;
care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $10,013,150,000, of which--
(1) $807,809,000 shall remain available until
expended for construction and acquisition (including
funds for sites and expenses, and associated design and
construction services) and remediation, in addition to
amounts otherwise provided for such purposes, as
follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase
Option, $21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters
Consolidation, $375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
Provided, That each of the foregoing limits of costs on
construction, acquisition, and remediation projects may
be exceeded to the extent that savings are effected in
other such projects, but not to exceed 20 percent of
the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the
Committees on Appropriations of the House of
Representatives and the Senate of a greater amount;
(2) $662,280,000 shall remain available until
expended for repairs and alterations, including
associated design and construction services, in
addition to amounts otherwise provided for such
purposes, of which--
(A) $244,783,000 is for Major Repairs and
Alterations as follows:
Multiple Locations:
National Conveying Systems, $30,000,000;
National Capital Region:
Fire Alarm Systems, $40,000,000;
California:
San Francisco, Federal Building, $15,687,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center,
$10,229,000;
Massachusetts:
Boston, John J. Moakley U.S. Courthouse, $10,345,000;
Montana:
Butte, Mike Mansfield Federal Building and U.S.
Courthouse, $25,792,000;
New York:
New York, Alexander Hamilton U.S. Custom House,
$68,497,000;
Ohio:
Cleveland, Carl B. Stokes U.S. Courthouse,
$10,235,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S.
Courthouse and Post Office, $3,093,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse,
$12,927,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and
Custom House, $17,978,000;
(B) $398,797,000 is for Basic Repairs and
Alterations, of which $3,000,000 is for repairs
to the water feature at the Wilkie D. Ferguson
Jr. U.S. Courthouse in Miami, FL; and
(C) $18,700,000 is for Special Emphasis
Programs as follows:
Judiciary Capital Security Program, $18,700,000;
Provided, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be
limited to the amount identified for each project,
except each project in this or any previous Act may be
increased by an amount not to exceed 20 percent unless
advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the
Senate of a greater amount: Provided further, That
additional projects for which prospectuses have been
fully approved may be funded under this category only
if advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That the amounts provided in
this or any prior Act for ``Repairs and Alterations''
may be used to fund costs associated with implementing
security improvements to buildings necessary to meet
the minimum standards for security in accordance with
current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House
and Senate: Provided further, That the difference
between the funds appropriated and expended on any
projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to
``Basic Repairs and Alterations'' or used to fund
authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior
Act for ``Basic Repairs and Alterations'' may be used
to pay claims against the Government arising from any
projects under the heading ``Repairs and Alterations''
or used to fund authorized increases in prospectus
projects;
(3) $5,561,680,000 for rental of space to remain
available until expended; and
(4) $2,981,381,000 for building operations to remain
available until expended: Provided, That the total
amount of funds made available from this Fund to the
General Services Administration shall not be available
for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved,
except that necessary funds may be expended for each
project for required expenses for the development of a
proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
amounts necessary to provide reimbursable special
services to other agencies under 40 U.S.C. 592(b)(2)
and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private
or other property not in Government ownership or
control as may be appropriate to enable the United
States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided
further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2023,
excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and
shall not be available for expenditure except as
authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy associated with the management of
real and personal property assets and certain administrative
services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information
technology management, and related technology activities; and
services as authorized by 5 U.S.C. 3109; and evaluation
activities as authorized by statute; $71,186,000, of which
$4,000,000 shall remain available until September 30, 2024.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, and management; the
hire of zero-emission passenger motor vehicles and supporting
charging or fueling infrastructure; and services as authorized
by 5 U.S.C. 3109; $54,478,000, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $10,352,000, of which $2,000,000 shall remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $74,583,000: Provided,
That not to exceed $3,000,000 shall be available for
information technology enhancements related to implementing
cloud services, improving security measures, and providing
modern technology case management solutions: Provided further,
That not to exceed $50,000 shall be available for payment for
information and detection of fraud against the Government,
including payment for recovery of stolen Government property:
Provided further, That not to exceed $2,500 shall be available
for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604;
and for expenses authorized by law, not otherwise provided for,
in support of interagency projects that enable the Federal
Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $90,000,000, to be
deposited into the Federal Citizen Services Fund: Provided,
That the previous amount may be transferred to Federal agencies
to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$200,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during
fiscal year 2023 in excess of such amount shall remain in the
Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That, of
the total amount appropriated, up to $5,000,000 shall be
available for support functions and full-time hires to support
activities related to the Administration's requirements under
title II of the Foundations for Evidence-Based Policymaking Act
of 2018 (Public Law 115-435): Provided further, That the
transfer authorities provided herein shall be in addition to
any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $50,000,000, to remain
available until expended, for technology-related modernization
activities.
working capital fund
For the Working Capital Fund of the General Services
Administration, $5,900,000, to remain available until expended,
for necessary costs incurred by the Administrator to modernize
rulemaking systems and to provide support services for Federal
rulemaking agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2023 for Federal Buildings Fund activities may
be transferred between such activities only to the extent
necessary to meet program requirements: Provided, That any
proposed transfers shall be approved in advance by the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal
year 2024 request for United States Courthouse construction
only if the request: (1) meets the design guide standards for
construction as established and approved by the General
Services Administration, the Judicial Conference of the United
States, and the Office of Management and Budget; (2) reflects
the priorities of the Judicial Conference of the United States
as set out in its approved Courthouse Project Priorities plan;
and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used
to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. With respect to projects funded under the heading
``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each
project to be undertaken to the Committees on Appropriations of
the House of Representatives and the Senate not later than 60
days after the date of enactment of this Act.
Sec. 527. The Administrator of the General Services
Administration shall select a site from one of the three listed
in the General Services Administration (GSA) Fiscal Year 2017
PNCR-FBI-NCR17 prospectus for a new fully consolidated Federal
Bureau of Investigation (FBI) headquarters.
In considering the September 2022 and amended November 2022
GSA Site Selection Plan for the FBI Suburban Headquarters, not
later than 90 days after enactment of this Act, prior to any
action by the GSA site selection panel for the new Federal FBI
headquarters, the GSA Administrator shall conduct separate and
detailed consultations with individuals representing the sites
from the State of Maryland and Commonwealth of Virginia to
further consider perspectives related to mission requirements,
sustainable siting and equity, and evaluate the viability of
the GSA's Site Selection Criteria for the FBI Headquarters to
ensure it is consistent with Congressional intent as expressed
in the resolution of the Committee on Environment and Public
Works of the Senate (112th Congress), adopted December 8, 2011
and further described in the General Services Administration
Fiscal Year 2017 PNCR-FBI-NCR17 prospectus. Following those
consultations, the Administrator shall proceed with the site
selection process.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$3,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $49,655,000, to remain available until
September 30, 2024, and in addition not to exceed $2,345,000,
to remain available until September 30, 2024, for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability
Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Foundation, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available for direct expenditure until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That all current and previous amounts transferred to the Office
of Inspector General of the Department of the Interior will
remain available until expended for audits and investigations
of the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.), as amended, and for annual independent financial audits
of the Morris K. Udall and Stewart L. Udall Foundation pursuant
to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts transferred
to the Office of Inspector General of the Department of the
Interior may be transferred to the Morris K. Udall and Stewart
L. Udall Foundation for annual independent financial audits
pursuant to the Accountability of Tax Dollars Act of 2002
(Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,943,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration
of the National Archives and Records Administration and
archived Federal records and related activities, as provided by
law, and for expenses necessary for the review and
declassification of documents, the activities of the Public
Interest Declassification Board, the operations and maintenance
of the electronic records archives, the hire of passenger motor
vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning, $427,520,000, of which $30,000,000 shall
remain available until expended for expenses necessary to
enhance the Federal Government's ability to electronically
preserve, manage, and store Government records, and of which up
to $2,000,000 shall remain available until expended to
implement the Civil Rights Cold Case Records Collection Act of
2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and museum exhibits, related equipment for public
spaces, and to provide adequate storage for holdings,
$22,224,000, to remain available until expended, of which no
less than $7,250,000 is for upgrades to the Carter Presidential
Library in Atlanta, Georgia and of which $6,000,000 is for the
Ulysses S. Grant Presidential Museum in Starkville,
Mississippi.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $12,000,000, to remain available until expended, of which
up to $2,000,000 shall be to preserve and make publicly
available the congressional papers of former Members of the
House and Senate.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'',
$22,573,000, which shall be for initiatives in the amounts and
for the projects specified in the table that appears under the
heading ``Administrative Provisions--National Archives and
Records Administration'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That none of the funds made
available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000 shall
be available until September 30, 2024, for technical assistance
to low-income designated credit unions: Provided, That credit
unions designated solely as minority depository institutions
shall be eligible to apply for and receive such technical
assistance.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Representative
Louise McIntosh Slaughter Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of
Columbia and elsewhere, hire of passenger motor vehicles, and
not to exceed $1,500 for official reception and representation
expenses, $24,500,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$190,784,000: Provided, That of the total amount made available
under this heading, $19,373,000 shall remain available until
expended, for information technology modernization and Trust
Fund Federal Financial System migration or modernization, and
shall be in addition to funds otherwise made available for such
purposes: Provided further, That of the total amount made
available under this heading, $1,381,748 may be made available
for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of
such workforce and information technology in support of
acquisition workforce effectiveness or for management solutions
to improve acquisition management; and in addition $194,924,000
for administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other
statutes, including direct procurement of printed materials,
for the retirement and insurance programs: Provided further,
That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A)
of title 5, United States Code: Provided further, That no part
of this appropriation shall be available for salaries and
expenses of the Legal Examining Unit of OPM established
pursuant to Executive Order No. 9358 of July 1, 1943, or any
successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during
fiscal year 2023, accept donations of money, property, and
personal services: Provided further, That such donations,
including those from prior years, may be used for the
development of publicity materials to provide information about
the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for
the salaries of employees of such Commission: Provided further,
That not to exceed 5 percent of amounts made available under
this heading may be transferred to an information technology
working capital fund established for purposes authorized by
subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40
U.S.C. 11301 note): Provided further, That the OPM Director
shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer under the preceding
proviso: Provided further, That amounts transferred to such a
fund under such transfer authority from any organizational
category of OPM shall not exceed 5 percent of each such
organizational category's budget as identified in the report
required by section 608 of this Act: Provided further, That
amounts transferred to such a fund shall remain available for
obligation through September 30, 2026.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $6,908,000, and in addition, not
to exceed $29,487,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental
of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles, $31,904,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $10,600,000, to remain available until
September 30, 2024.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer Act
of 2016 (Public Law 114-287), $4,000,000, to remain available
until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$2,149,000,000, to remain available until expended; of which
not less than $18,979,000 shall be for the Office of Inspector
General; of which not to exceed $275,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters
facilities, not to exceed $57,405,000, to remain available
until expended; and for move, replication, and related costs
associated with a replacement lease for the Commission's San
Francisco Regional Office facilities, not to exceed $3,365,000,
to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for
fiscal year 2023, all amounts appropriated under this heading
shall be deemed to be the regular appropriation to the
Commission for fiscal year 2023: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) shall be credited to this account as
offsetting collections: Provided further, That not to exceed
$2,149,000,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account; not to exceed $57,405,000 of such offsetting
collections shall be available until expended for move,
replication, and related costs under this heading associated
with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $3,365,000
of such offsetting collections shall be available until
expended for move, replication, and related costs under this
heading associated with a replacement lease for the
Commission's San Francisco Regional Office facilities: Provided
further, That the total amount appropriated under this heading
from the general fund for fiscal year 2023 shall be reduced as
such offsetting fees are received so as to result in a final
total fiscal year 2023 appropriation from the general fund
estimated at not more than $0: Provided further, That if any
amount of the appropriation for move, replication, and related
costs associated with a replacement lease for the Commission's
District of Columbia headquarters facilities or if any amount
of the appropriation for move, replication, and related costs
associated with a replacement lease for the Commission's San
Francisco Regional Office facilities is subsequently de-
obligated by the Commission, such amount that was derived from
the general fund shall be returned to the general fund, and
such amounts that were derived from fees or assessments
collected for such purpose shall be paid to each national
securities exchange and national securities association,
respectively, in proportion to any fees or assessments paid by
such national securities exchange or national securities
association under section 31 of the Securities Exchange Act of
1934 (15 U.S.C. 78ee) in fiscal year 2023.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $31,700,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That
none of the funds appropriated by this Act may be expended for
or in connection with the induction of any person into the
Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of title
31, United States Code, and not to exceed $3,500 for official
reception and representation expenses, $326,000,000, of which
not less than $12,000,000 shall be available for examinations,
reviews, and other lender oversight activities: Provided, That
the Administrator is authorized to charge fees to cover the
cost of publications developed by the Small Business
Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2023: Provided
further, That $6,100,000 shall be available for the Loan
Modernization and Accounting System, to be available until
September 30, 2024: Provided further, That $20,000,000 shall be
available for costs associated with the certification of small
business concerns owned and controlled by veterans or service-
disabled veterans under sections 36A and 36 of the Small
Business Act (15 U.S.C. 657f-1; 657f), respectively, and
section 862 of Public Law 116-283, to be available until
September 30, 2024.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial
and small business development, $320,000,000, to remain
available until September 30, 2024: Provided, That $140,000,000
shall be available to fund grants for performance in fiscal
year 2023 or fiscal year 2024 as authorized by section 21 of
the Small Business Act: Provided further, That $41,000,000
shall be for marketing, management, and technical assistance
under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That $20,000,000 shall be
available for grants to States to carry out export programs
that assist small business concerns authorized under section
22(l) of the Small Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $32,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94-305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.), $10,211,000, to remain available until
expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2023 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 and
commitments for loans authorized under subparagraph (C) of
section 502(7) of the Small Business Investment Act of 1958 (15
U.S.C. 696(7)) shall not exceed, in the aggregate,
$15,000,000,000: Provided further, That during fiscal year 2023
commitments for general business loans authorized under
paragraphs (1) through (35) of section 7(a) of the Small
Business Act shall not exceed $35,000,000,000 for a combination
of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That
during fiscal year 2023 commitments to guarantee loans for
debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $5,000,000,000:
Provided further, That during fiscal year 2023, guarantees of
trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of
$15,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs,
$165,300,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$179,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; of which $169,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses; and
of which $8,400,000 is for indirect administrative expenses for
the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses: Provided,
That, of the funds provided under this heading, $143,000,000
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by the Congress as
being for disaster relief pursuant to a concurrent resolution
on the budget in the Senate and section 1(f) of H. Res. 1151
(117th Congress), as engrossed in the House of Representatives
on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 608 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration
under the headings ``Salaries and Expenses'' and ``Business
Loans Program Account'' may be transferred to the
Administration's information technology system modernization
and working capital fund (IT WCF), as authorized by section
1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2026.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $179,710,000, which
shall be for initiatives related to small business development
and entrepreneurship, including programmatic, construction, and
acquisition activities, in the amounts and for the projects
specified in the table that appears under the heading
``Administrative Provisions--Small Business Administration'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That,
notwithstanding sections 2701.92 and 2701.93 of title 2, Code
of Federal Regulations, the Administrator of the Small Business
Administration may permit awards to subrecipients for
initiatives funded under this section: Provided further, That
none of the funds made available by this section may be
transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on
free and reduced rate mail, pursuant to subsections (c) and (d)
of section 2401 of title 39, United States Code, $50,253,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That none of the
funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support
enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for
information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act
of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $271,000,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses, $57,300,000, of which $1,000,000 shall remain
available until expended: Provided, That the amount made
available under 26 U.S.C. 7475 shall be transferred and added
to any amounts available under 26 U.S.C. 7473, to remain
available until expended, for the operation and maintenance of
the United States Tax Court: Provided further, That travel
expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, except for
transfers made pursuant to the authority in section 3173(d) of
title 40, United States Code, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any
Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83
of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41,
United States Code.
Sec. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2023, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
at a minimum the report shall include: (1) a table for each
appropriation, detailing both full-time employee equivalents
and budget authority, with separate columns to display the
prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation and its
respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, in the
accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which
shall apply to all items for which a dollar amount is specified
and to all programs for which new budget authority is provided,
as well as to discretionary grants and discretionary grant
allocations; and (3) an identification of items of special
congressional interest: Provided further, That the amount
appropriated or limited for salaries and expenses for an agency
shall be reduced by $100,000 per day for each day after the
required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2023 from appropriations
made available for salaries and expenses for fiscal year 2023
in this Act, shall remain available through September 30, 2024,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on
any individual from the Federal Bureau of
Investigation; or
(2) a determination with respect to the treatment of
an organization as described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code from the Department
of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background
investigation report, if such individual has given
express written consent for such request not more than
6 months prior to the date of such request and during
the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were
carried to term, or the pregnancy is the result of an act of
rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or
alteration of real property for office, meeting, storage, or
other space must consult with the General Services
Administration before issuing a solicitation for offers of new
leases or construction contracts, and in the case of succeeding
leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such
agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds
by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund
(28 U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund
(28 U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of
retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired
Federal Employees Health Benefits Act (74 Stat.
849); and
(B) with respect to the life insurance
benefits for employees retiring after December
31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new
and increased annuity benefits under the Civil Service
Retirement and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from
the Civil Service Retirement and Disability Fund by
statutory provisions other than subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions
regarding the budget planning process related to information
technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the Office
of Management and Budget, in such manner as specified by, or
approved by, the Chief Information Officer of the agency in
consultation with the Chief Financial Officer of the agency and
budget officials.
Sec. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44,
United States Code.
Sec. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by a
provider of electronic communication service to the public or
remote computing service of the contents of a wire or
electronic communication that is in electronic storage with the
provider (as such terms are defined in sections 2510 and 2711
of title 18, United States Code) in a manner that violates the
Fourth Amendment to the Constitution of the United States.
Sec. 623. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section
shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has
responsibilities under the Inspector General Act of 1978. Each
Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives
and the Senate within 5 calendar days any failures to comply
with this requirement.
Sec. 624. None of the funds appropriated by this Act may be
used by the Federal Communications Commission to modify, amend,
or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible
telecommunications carriers in a way that is inconsistent with
paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code
of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission
from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II:
Provided further, That any such alternative mechanism shall
maintain existing high-cost support to competitive eligible
telecommunications carriers until support under such mechanism
commences.
Sec. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or other
law enforcement- or victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has failed
to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not significant
within the overall scope of the project and/or program and
unless such awards or incentive fees are consistent with
section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act
may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department,
agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity
determines that such attendance is in the national interest and
advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in the
national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate that includes the basis of that determination.
Sec. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $850,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to section 11(c)(3)(B) of the Inspector General Act of
1978 (5 U.S.C. App.): Provided, That these amounts shall be in
addition to any amounts or any authority available to the
Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C.
App.).
Sec. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and
Budget Circular A-87 (revised May 10, 2004), unless advance
notice of such an obligation is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate.
Sec. 631. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 632. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, shall clearly state--
(1) the percentage of the total costs of the program
or project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 633. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding
the disclosure of political contributions, contributions to tax
exempt organizations, or dues paid to trade associations.
Sec. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total
obligations of the Agency for that quarter for each
appropriation, by the source year of the appropriation.
Sec. 635. (a) Section 41002(c)(1) of Public Law 114-94 (42
U.S.C. 4370m-1(c)(1)) is amended by adding at the end the
following new subparagraph:
``(E) Personnel.--The Executive Director of
the Council may appoint and fix the
compensation of such employees as the Executive
Director considers necessary to carry out the
roles and responsibilities of the Executive
Director.''.
(b) Section 41009(d)(2) of Public Law 114-94 (42 U.S.C.
4370m-8(d)(2)) is amended by striking ``staffing of the Office
of the Executive Director'' and inserting ``appointing and
fixing the compensation of such employees as the Executive
Director considers necessary to carry out the roles and
responsibilities of the Executive Director''.
Sec. 636. (a) Designation.--The Federal building located at
90 7th Street in San Francisco, California, shall be known and
designated as the ``Speaker Nancy Pelosi Federal Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building referred to in subsection (a) shall be deemed
to be a reference to the ``Speaker Nancy Pelosi Federal
Building''.
Sec. 637. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$150,000,000 shall be permanently rescinded not later than
September 30, 2023.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2023 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles), is
hereby fixed at $26,733 except station wagons for which the
maximum shall be $27,873: Provided, That these limits may be
exceeded by not to exceed $7,775 for police-type vehicles:
Provided further, That the limits set forth in this section may
not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth in
this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel,
including but not limited to electric, plug-in hybrid electric,
and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained in
this or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of paragraphs (2) and
(3) such affidavits shall be submitted prior to employment and
updated thereafter as necessary: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided further,
That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section does
not apply to the employment as Wildland firefighters for not
more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use
funds resulting from the sale of materials, including Federal
records disposed of pursuant to a records schedule recovered
through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No.
14057 (December 8, 2021), including any such programs
adopted prior to the effective date of the Executive
order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive
Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any
other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that
is excepted from the competitive service under section 3302 of
title 5, United States Code, (pursuant to schedule C of subpart
C of part 213 of title 5 of the Code of Federal Regulations)
unless the head of the applicable department, agency, or other
instrumentality employing such schedule C individual certifies
to the Director of the Office of Personnel Management that the
schedule C position occupied by the individual was not created
solely or primarily in order to detail the individual to the
White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an
element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance
or efficiency rating, denies promotion to, relocates,
reassigns, transfers, disciplines, or discriminates in
regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any
other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing
actions with respect to such other officer or employee,
by reason of any communication or contact of such other
officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph
(1).
Sec. 714. (a) None of the funds made available in this or any
other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including
by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined under
section 102 of such title and the United States Postal
Service.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to
improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals
established by 31 U.S.C. 1120, and not to exceed $17,000,000
for Government-wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
Wide Policy'' during fiscal year 2023 shall remain available
for obligation through September 30, 2024: Provided further,
That not later than 90 days after enactment of this Act, the
Director of the Office of Management and Budget, in
consultation with the Administrator of General Services, shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Reform of the House of
Representatives a detailed spend plan for the funds to be
transferred or reimbursed: Provided further, That the spend
plan shall, at a minimum, include: (i) the amounts currently in
the funds authorized under this section and the estimate of
amounts to be transferred or reimbursed in fiscal year 2023;
(ii) a detailed breakdown of the purposes for all funds
estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all
staff whose salaries are provided for by this section); (iii)
where applicable, a description of the funds intended for use
by or for the benefit of each executive council; and (iv) where
applicable, a description of the funds intended for use by or
for the implementation of specific laws passed by Congress:
Provided further, That no transfers or reimbursements may be
made pursuant to this section until 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the Office
of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by
this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science, Space, and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment
of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2,
Code of Federal Regulations: Provided, That this section shall
apply to direct payments, formula funds, and grants received by
a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of
data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement, regulatory,
or supervisory purposes, in accordance with applicable
law; or
(4) any action described in subsection (a)(1) that is
a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and
agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Centers
facilities.
Sec. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used
for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection
(a) with respect to any Federal Government contract
under the authority of such Secretary if the Secretary
determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 734. During fiscal year 2023, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B)
of title 5, United States Code; or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any
other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a Member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head of
an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the
legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2023, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of
the limitation imposed by the comparable section for
the previous fiscal years until the normal effective
date of the applicable wage survey adjustment that is
to take effect in fiscal year 2023, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(B) during the period consisting of the remainder of
fiscal year 2023, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under subparagraph (A) by more than the sum of--
(i) the percentage adjustment taking effect
in fiscal year 2023 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(ii) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2023 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee
covered by section 5348 of such title, may be paid during the
periods for which paragraph (1) is in effect at a rate that
exceeds the rates that would be payable under paragraph (1)
were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2022, shall
be determined under regulations prescribed by the Office of
Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2022, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this subsection shall be treated as the rate of
salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2023 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by
employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems
under sections 5303 and 5304 of title 5, United States
Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title
5, United States Code, and prevailing rate employees
described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the
pay locality designated as ``Rest of United States''
pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first
applicable pay period beginning after September 30,
2022.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2023 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United
States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel
to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference;
and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or
office in evaluating potential contractors for
the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location, and
number of employees attending a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2023 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related
to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of Management
and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed
in the President's budget request for a fiscal year until such
proposed change is subsequently enacted in an appropriation
Act, or unless such change is made pursuant to the
reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for a
contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to
report fraud, waste, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting
such employees or contractors from lawfully reporting such
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any
other form issued by a Federal department or agency governing
the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These provisions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General or the
Office of Special Counsel of a violation of any law, rule, or
regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person connected
with the conduct of an intelligence or intelligence-related
activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such
form or agreement shall, at a minimum, require that the person
will not disclose any classified information received in the
course of such activity unless specifically authorized to do so
by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to
Congress, or to an authorized official of an executive agency
or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar
language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2023, on the date on which a
request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2023 shall
be the rate payable to the Vice President on December 31, 2022,
by operation of section 747 of division E of Public Law 117-
103.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2023 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive
Schedule rate, shall be the rate payable for the applicable
Executive Schedule level on December 31, 2022, by operation of
section 747 of division E of Public Law 117-103. Such an
employee may not receive a rate increase during calendar year
2023, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law, a chief
of mission or ambassador at large is subject to subsection (b)
in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive
Service paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule;
or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under
a political appointment and paid a rate of basic pay at
or above the official rate for level IV of the
Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not
receive a pay rate increase during calendar year 2023, except
as provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality based payments
under section 5304 of title 5, United States Code, or similar
authority) at or above the official rate for level IV of the
Executive Schedule who serves under a political appointment may
not receive a pay rate increase during calendar year 2023,
except as provided in subsection (i). This subsection does not
apply to employees in the General Schedule pay system or the
Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in
another pay system whose position would be classified at GS-15
or below if chapter 51 of title 5, United States Code, applied
to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable
law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time
as that election is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public
Law 96-465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if
that new position has higher-level duties and a pre-established
level or range of pay higher than the level or range for the
position held immediately before the movement. Any such
increase must be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2022, by operation of section 747 of division E of Public Law
117-103.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position during
the period of time subject to this section, the initial pay
rate shall be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31,
2022, by operation of section 747 of division E of Public Law
117-103.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but ends
in calendar year 2024, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
Sec. 748. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the relevant
department or agency, as the case may be, shall report
immediately to the Congress all relevant facts and a statement
of actions taken: Provided, That a copy of each report shall
also be transmitted to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller
General on the same date the report is transmitted to the
Congress.
Sec. 749. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United
States Code;
(2) an approved apportionment received by the
department or agency conditions the availability of an
appropriation on further action; or
(3) an approved apportionment received by the
department or agency may hinder the prudent obligation
of such appropriation or the execution of a program,
project, or activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying
the bureau, account name, appropriation name, and Treasury
Appropriation Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided
in this or any other appropriations Act for fiscal year 2023
that are specified in the disclosure table submitted in
compliance with clause 9 of rule XXI of the Rules of the House
of Representatives or Rule XLIV of the Standing Rules of the
Senate that is included in the report or explanatory statement
accompanying any such Act shall be deemed to be a recipient of
a Federal award with respect to such funds for purposes of the
requirements of 2 CFR 200.334, regarding records retention, and
2 CFR 200.337, regarding access by the Comptroller General of
the United States.
(b) Nothing in this section shall be construed to limit,
amend, supersede, or restrict in any manner any requirements
otherwise applicable to non-Federal entities described in
paragraph (1) or any existing authority of the Comptroller
General.
Sec. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available
by this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination
with, participation in, or recommendations involving,
activities of the U.S. Army Medical Research and Development
Command, the Congressionally Directed Medical Research Programs
and the National Institutes of Health research programs.
Sec. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget (in this section referred to as the ``Director''),
in coordination with the Architectural and Transportation
Barriers Compliance Board and the Administrator of General
Services (in this section referred to as the
``Administrator''), shall disseminate amended or updated
criteria and instructions to any Federal department or agency
(in this section referred to as an ``agency'') covered by
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
for the evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall--
(A) include, at minimum, requirements that
information technologies and digital services must-
(i) conform to the technical standards
referenced in subsection (a)(2)(A) of such
section 508, as determined by appropriate
conformance testing; and
(ii) be accessible to and usable by
individuals with disabilities as determined
from consultation with individuals with
disabilities, including those with visual,
auditory, tactile, and cognitive disabilities,
or members of any disability organization; and
(B) provide guidance to agencies regarding the types
and format of data and information to be submitted to
the Director and the Administrator pursuant to
paragraph (3), including how to submit such data and
information, the metrics by which compliance will be
assessed in the reports required in subsection (b), and
any other directions necessary for agencies to
demonstrate compliance with accessibility standards for
electronic and information technology procured and in
use within an agency, as required by such section 508.
(3) Not later than 225 days after the date of enactment of
this Act, the head of each agency shall--
(A) evaluate the extent to which the electronic and
information technology of the agency are accessible to
and usable by individuals with disabilities described
in subsection (a)(1) of such section 508 compared to
the access to and use of the technology and services by
individuals described in such section who are not
individuals with disabilities;
(B) evaluate the electronic and information
technology of the agency in accordance with the
criteria and instructions provided in paragraph (1);
and
(C) submit a report containing the evaluations
jointly to the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator, in
consultation with the Director, shall prepare and submit to the
Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate and the Committees on
Appropriations and Oversight and Reform of the House of
Representatives a report that shall include--
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by
each agency, and by the Federal Government generally,
with the criteria and instructions disseminated under
subsection (a)(1);
(B) a detailed description of the actions,
activities, and other efforts made by the Administrator
over the year preceding submission to support such
compliance at agencies and any planned efforts in the
coming year to improve compliance at agencies; and
(C) a list of recommendations that agencies or
Congress may take to help support that compliance.
(2) The Administrator shall ensure that the reports required
under this subsection are made available on a public website
and are maintained as an open Government data asset (as that
term is defined in section 3502 of title 44, United States
Code).
Sec. 753. Notwithstanding 31 U.S.C. 1346 and section 708 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse ``General
Services Administration, Federal Citizen Services Fund'' with
the approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds, in addition to
amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes of
the Federal Citizen Services Fund and to support Government-
wide and other multi-agency financial, information technology,
procurement, and other activities, including services
authorized by 44 U.S.C. 3604 and enabling Federal agencies to
take advantage of information technology in sharing
information: Provided further, That the total funds transferred
or reimbursed shall not exceed $15,000,000 for such purposes:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Federal
Citizen Services Fund'' during fiscal year 2023 shall remain
available for obligation through September 30, 2024: Provided
further, That not later than 90 days after enactment of this
Act, the Administrator of General Services, in consultation
with the Director of the Office of Management and Budget, shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spend plan for the
funds to be transferred or reimbursed: Provided further, That
the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the
estimate of amounts to be transferred or reimbursed in fiscal
year 2023; (ii) a detailed breakdown of the purposes for all
funds estimated to be transferred or reimbursed pursuant to
this section (including total number of personnel and costs for
all staff whose salaries are provided for by this section); and
(iii) where applicable, a description of the funds intended for
use by or for the implementation of specific laws passed by
Congress: Provided further, That no transfers or reimbursements
may be made pursuant to this section until 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the Office
of Management and Budget.
Sec. 754. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2023, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which
funds have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center, unless prior approval is
received from the Committees on Appropriations of the
House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2023.
Sec. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries,
expenses, or other costs associated with the offices of United
States Senator or United States Representative under section
4(d) of the District of Columbia Statehood Constitutional
Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official
Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or
employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
section, the term ``official duties'' does not include travel
between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or
is otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day;
(4) at the discretion of the Chief Medical Examiner,
an officer or employee of the Office of the Chief
Medical Examiner who resides in the District of
Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency
Management Agency who resides in the District of
Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act
may be used by the District of Columbia Attorney General or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act
may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2023 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies
that a reallocation is required to address unanticipated
changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such amounts,
once transferred or reprogrammed, shall retain appropriation
authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2023
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2024, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect,
local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the
Act referred to in paragraph (2) (subject to any modifications
enacted by the District of Columbia as of the beginning of the
period during which this subsection is in effect) at the rate
set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2024 which (subject
to the requirements of the District of Columbia Home Rule Act)
will constitute the local portion of the annual budget for the
District of Columbia government for fiscal year 2024 for
purposes of section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in
effect; or
(2) upon the enactment into law of the regular
District of Columbia appropriation bill for fiscal year
2024.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and
shall be available to the extent and in the manner that would
be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2024 for which this
section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2024 if any other provision of
law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to
continue for such period; or
(2) specifically provides that no appropriation shall
be made, no funds shall be made available, or no
authority shall be granted for such project or activity
to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to any
railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects, to
expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency
appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total
obligations of the Agency for that quarter for each Federal
funds appropriation provided in this Act, by the source year of
the appropriation.
Sec. 819. (a)(1) Section 11-2604(a), District of Columbia
Official Code, is amended by striking ``at a fixed rate of $90
per hour'' and inserting ``an hourly rate not to exceed the
rate payable under section 3006A(d)(1) of title 18, United
States Code''.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the date
of the enactment of this Act.
(b)(1) Section 11-2605, District of Columbia Official Code,
is amended in subsections (b) and (c) by striking ``(or, in the
case of investigative services, a fixed rate of $25 per hour)''
each place it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with
cases and proceedings initiated on or after the date of the
enactment of this Act.
Sec. 820. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division E contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page 8479 of Book
I.
---------------------------------------------------------------------------
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
The joint explanatory statement accompanying this division
is approved and indicates Congressional intent. Unless
otherwise noted, the language set forth in House Report 117-393
carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
References in the joint explanatory statement to ``the
Committees'' refer to the Committees on Appropriations of the
House and Senate.
Reports.--Agencies funded by this Act that currently
provide separate copies of periodic reports and correspondence
to the chairs and ranking members of the House and Senate
Appropriations Committees and Subcommittees on Financial
Services and General Government are directed to use a single
cover letter jointly addressed to the chairs and ranking
members of the Committees and Subcommittees of both the House
and the Senate. To the greatest extent feasible, agencies
should include in the cover letter a reference or hyperlink to
facilitate electronic access to the report and provide the
documents by electronic mail delivery. These measures will help
reduce costs, conserve paper, expedite agency processing, and
ensure that consistent information is conveyed concurrently to
the majority and minority committee offices of both chambers of
Congress.
Agencies funded by this Act are directed to provide the
Committees with direct, unobstructed, and timely access to the
budget offices and to provide the Committees with prompt and
complete responses to requests for information, in particular
to requests for technical information.
Agencies funded by this Act should review the reprogramming
guidelines included in section 608 of this agreement and are
reminded that baseline reports are due to the Committees no
later than sixty days after enactment of this Act.
The agreement directs all agencies to plan accordingly to
satisfy Congressional reporting deadlines.
Antideficiency Act Violations.--The agreement directs any
agency funded by this Act to concurrently transmit to the
Committees a copy of any Antideficiency Act violation report
submitted pursuant to 31 U.S.C. 1351 or 31 U.S.C. 1517(b).
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
Salaries and Expenses
The bill provides $273,882,000 for departmental offices
salaries and expenses.
Federal Contractor Tax Check System.--Since 2019, Congress
has provided $30 million to the Internal Revenue Service (IRS)
to develop a Federal Contractor Tax Check System that provides
tax certificates to Federal contractors, which are then used to
certify that they are not delinquent in payment of Federal
taxes. However, funds appropriated for this system have not
been fully obligated, and development of the system has been
delayed. Treasury and the IRS are directed to provide a
briefing within 60 days of enactment of this Act on the status
of the Federal Contractor Tax Check System including the causes
of any delays that prevent the IRS from providing these
certificates to vendors in fiscal year 2023.
Financial Inclusion.--Treasury, in conjunction with its
Federal partners, is directed to develop a strategy to improve
financial inclusion. The strategy should aim to broaden access
to financial services among underserved communities and improve
the ability of such communities to use and benefit from
financial tools and services. The strategy should establish
national objectives for financial inclusion; set benchmarks for
measuring progress; and offer recommendations for advancing
financial inclusion through public policy, government programs,
financial products and services, technology, and other tools
and infrastructure. The Department is directed to brief the
Committees on its plans to implement this language within 90
days of enactment of this Act.
Wildlife Trafficking.--The Department is directed to use
available resources to identify money laundering related to
wildlife trafficking and the illegal ivory trade.
U.S. Currency Redesign.--The Department is directed to
provide a briefing to the Committees within 180 days of
enactment of this Act on any redesign plans for U.S. currency.
Coordination with the Federal Communications Commission.--
Not later than 60 days after enactment of this Act, Treasury
shall submit a report to the Committees detailing the steps it
has taken to coordinate with the Federal Communications
Commission and carry out its responsibilities to implement the
Deployment Locations Map pursuant to section 60105 of the
Infrastructure Investment and Jobs Act.
E-mail Compromise Fraud.--The Department is directed to
submit a report not later than 90 days after enactment of this
Act, describing its ongoing activities to both combat and raise
awareness of wire fraud in real estate transactions and email
compromise scams. Additionally, the report should detail any
joint activities to counter such fraud that the Department
conducts with relevant Federal agencies, such as the Federal
Bureau of Investigation and the Department of Justice.
Impact of Telework.--Treasury and the IRS are directed to
evaluate how increased telework impacts recruitment, retention,
and organizational performance and report back to the
Committees within 180 days of enactment of this Act.
Outbound Investment.--The Department of the Treasury, in
coordination with the Department of Commerce and other Federal
partners, is encouraged to consider establishing a program to
address the national security threats emanating from outbound
investments from the United States in certain sectors that are
critical for U.S. national security. Not later than 60 days
after enactment of this Act, Treasury shall submit a report
describing such a program including the resources required over
the next three years to establish and implement it.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $21,000,000 for the Committee on Foreign
Investment in the United States Fund (CFIUS).
Genomic Data.--CFIUS is encouraged to continue to consult
the Department of Health and Human Services on any review of a
covered transaction involving a United States business that
maintains or collects information about genetic tests of United
States citizens, including any such information related to
genomic sequencing.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $216,059,000 for salaries and expenses of
the Office of Terrorism and Financial Intelligence (TFI).
TFI is directed to fully implement all sanctions and
divestment measures and to promptly notify the Committees of
any resource constraints that adversely impact the
implementation of any sanctions program.
Blockchain Analysis Tools.--Blockchain analysis tools allow
government agencies to gain important intelligence and insight
into the illicit networks essential to identifying the
individuals and entities behind attacks. In support of efforts
to counter criminal and terrorist groups, TFI is expected to
acquire improved blockchain analysis tools, training on
cryptocurrency and cryptocurrency-related investigations, and
investigative support to reduce crimes involving ransomware
attacks or exploiting the use of cryptocurrency.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $100,000,000 for the Cybersecurity
Enhancement Account.
The importance, complexity, and broad impacts of the Bureau
of the Fiscal Service's systems to its Federal customers and
American taxpayers is seen in everything from timely monthly
payments to veterans and Social Security recipients to the
collection of tax revenue and the sale of marketable securities
that finance the government. Given this critical role, the
Department is expected to prioritize investments that
strengthen cyber resiliency and support the implementation of
Zero Trust Architecture and acceleration of cloud adoption
within the Fiscal Service.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $11,118,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $48,878,000 for salaries and expenses of
the Office of Inspector General.
Treasury's information systems are critical to the core
functions of government and the nation's financial
infrastructure. The Inspector General is encouraged to conduct
oversight work on cyber-based threats and the potential
vulnerability of Treasury's networks and systems including its
physical security, continuous monitoring, and strong
authentication.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $174,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration (TIGTA).
Combatting Internal Revenue Service (IRS) Impersonation
Scams.--The agreement commends the work that TIGTA has done
thus far to combat IRS impersonation scams, encourages TIGTA to
continue to prioritize working with the IRS to increase
awareness of this scam, and urges TIGTA to pursue the criminals
perpetrating this fraud.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $9,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill provides $190,193,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Investment Adviser Reporting Requirements.--Illicit actors,
including drug traffickers, have used investment advisers such
as hedge fund managers to clean their ill-gotten gains. In
2015, FinCEN proposed regulations to subject investment
advisers to Federal Bank Secrecy Act rules but did not finalize
these regulations. FinCEN is encouraged to update and finalize
its 2015 investment adviser rule as soon as possible and to
brief the Committees on its progress no later than 90 days
after enactment of this Act.
Geographic Targeting Orders (GTOs).--GTOs are an important
tool that enable the collection of shell corporations'
beneficial ownership information to prevent illegal money from
terrorism, sex trafficking, money laundering, and other illegal
activities from being hidden in real estate transactions.
FinCEN is directed to keep the Committees updated on efforts to
expand the use and scope of GTOs.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $372,485,000 for salaries and expenses of
the Bureau of the Fiscal Service.
Federal Facilities.--Federal agencies, including the Bureau
of the Fiscal Service, face challenges in returning to pre-
pandemic levels of operations at Federal facilities as a result
of the coronavirus. At the same time, the Bureau has a
responsibility to maintain continuity of operations and
minimize uncertainty among its employees and the communities in
which it operates, including the Bureau's facilities in
Parkersburg, West Virginia. Fiscal Service is encouraged to
consult with state and local leaders and their employees on
their long-term plans for operating and maintaining their
current facilities.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $148,863,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Serving Facts for Alcoholic Beverages.--The agreement notes
that TTB recently confirmed it will initiate new rulemaking on
the issues of nutrient and content labeling, expanded alcohol
content labeling, major food allergen labeling, and ingredient
labeling. TTB is encouraged to proceed with rulemaking to
require a uniform ``Alcohol Facts Label'' on alcohol beverage
containers and provide the Committees with a report on the
status of its efforts not later than 120 days after enactment
of this Act.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $50,000,000 in new
liabilities and obligations may be incurred during fiscal year
2023 for circulating coinage and protective service capital
investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $324,000,000 for the Community
Development Financial Institutions (CDFI) Fund program. The
bill limits the total loan principal for the Bond Guarantee
program to $500,000,000.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
Financial/Technical Assistance Grants.................. $196,000
Disability Fund...................................... $ (10,000)
Mobility Corps....................................... $ (2,000)
Native Initiatives..................................... $ 25,000
Bank Enterprise Award Program.......................... $ 35,000
Healthy Food Financing Initiative...................... $ 24,000
Small Dollar Loan Program.............................. $ 9,000
Administrative Expenses................................ $ 35,000
----------------
Total, CDFI Fund Program Account................... $ 324,000
------------------------------------------------------------------------
Impact of CDFI Awardees.--The agreement directs the
Secretary to report to the Committees within 90 days of
enactment of this Act on the impact the most recent CDFI Fund
awardees are having in the communities they serve, the overall
risk the Fund's portfolio is exposed to, and a description of
awardees that are at risk of noncompliance.
CDFI Capacity Building.--Up to $1 million is provided for
technical assistance to CDFIs to support economic recovery
efforts in communities affected by natural disasters or sudden
economic crises.
Non-Metropolitan and Rural Areas.--The agreement directs
the Treasury to take into consideration non-metropolitan and
rural areas in the development and award decisions to ensure
funding is used in each program for projects that serve
populations living in persistent poverty counties in accordance
with this Act. Further, Treasury is directed to report to the
Committees within 90 days of enactment of this Act detailing
how the fiscal year 2022 CDFI Program recipients intend to
serve non-metropolitan and rural areas.
CDFI Certifications.--As the CDFI Fund implements changes
to the certification application and recertification process,
the CDFI Fund is directed to consider and address concerns
raised by CDFIs and stakeholders.
Internal Revenue Service
Foreign Account Tax Compliance Act (FATCA).--Internal
Revenue Service (IRS) is directed to analyze FATCA compliance,
including revenue generated and any potential lost revenue due
to non-compliance, outline efforts to improve compliance, and
brief the Committees no later than 180 days after enactment of
this Act.
Security of Taxpayer Information.--The IRS is directed to
provide a written report no later than 120 days after enactment
of this Act, to the Committees, detailing what steps the IRS
has taken to address outstanding Government Accountability
Office and TIGTA recommendations regarding security flaws,
steps taken to comply with the Federal Information Security
Management Act and other security requirements. Additionally,
the report shall include future steps to further protect
taxpayer data and a timeline of implementation of such steps.
TAXPAYER SERVICES
The bill provides $2,780,606,000 for Taxpayer Services.
Within the overall amount, not less than $11,000,000 is for the
Tax Counseling for the Elderly Program; not less than
$26,000,000 is for Low-Income Taxpayer Clinic Grants; and not
less than $236,000,000 is for operating expenses of the IRS
Taxpayer Advocate Service, of which not less than $7,000,000 is
for identity theft casework.
In addition, within the overall amount provided, not less
than $40,000,000 is available until September 30, 2024, for the
Community Volunteer Income Tax Assistance Matching Grants
Program.
Rural Service Delivery Issues.--The IRS must do more to
address the needs of rural taxpayers by ensuring that they have
the ability to reach local taxpayer assistance centers.
Inentity Protection Personal Identification Number (IP PIN)
Expansion.--The agreement continues the directive adopted in
the explanatory statement accompanying division E of the
Consolidated Appropriations Act, 2021 (Public Law 116--456)
relating to the IP PIN pilot program.
Taxpayer Services in Alaska and Hawaii.--The agreement
continues the directive adopted in the explanatory statement
accompanying division E of the Consolidated Appropriations Act,
2021 (Public Law 116-456) relating to taxpayer advocate centers
in Alaska and Hawaii.
ENFORCEMENT
The bill provides $5,437,622,000 for Enforcement, of which
up to $25,000,000 is for investigative technology for the
Criminal Investigation Division, to support their critical law
enforcement mission, and not less than $60,257,000 is for the
Interagency Crime and Drug Enforcement program.
Preventing Misclassification of Contractors.--The IRS SS--8
Program, the Questionable Employment Tax Practices Program,
criminal investigations, and examinations initiated based on
tax filings that are indicative of potential misclassification
are all critical to ensuring that workers are classified
correctly. The IRS is directed to notify the Committees prior
to making any staffing reductions or reallocations within the
SS--8 processing program.
Criminal Investigators.--In lieu of the House report
language on the Criminal Investigation Division, the IRS is
urged to provide adequate resources for personnel to help
combat money laundering and reduce the tax gap.
OPERATIONS SUPPORT
The bill provides $4,100,826,000 for Operations Support.
BUSINESS SYSTEMS MODERNIZATION
The agreement notes the IRS received $1,464,500,000 in the
American Rescue Plan Act (P.L. 117-2) which included, among
other objectives, the furtherance of integrated, modernized,
and secure IRS systems. Additionally, the Inflation Reduction
Act (P.L. 117-169) provided an additional $4,750,700,000 for
business systems modernization. The IRS is urged to use
unobligated funds from the American Rescue Plan for Customer
Account Data Engine 2, Enterprise Case Management System, Web
Applications, taxpayer assistance systems, cybersecurity, and
data protection.
The agreement directs the Department to conduct a semi-
annual review of the IRS' major IT investments. The agreement
further directs GAO to review and provide an annual report to
the Committees evaluating the cost, functionality, and schedule
of major IRS IT investments.
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special consideration
to offers in compromise for taxpayers who have been victims of
payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS policies
issued as a result of TIGTA recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the Internal
Revenue Code of 1986 related to the confidentiality and
disclosure of returns and return information.
Section 111 provides the IRS with direct hiring authorities
for positions to process backlogged tax returns and return
information.
Section 112 provides passenger carrier transportation and
protection between the Commissioner of the IRS's residence and
place of employment.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 113 allows Treasury to use funds for certain
specified expenses.
Section 114 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 115 allows for the transfer of up to 2 percent from
the IRS accounts to TIGTA.
Section 116 prohibits funding to redesign the $1 note.
Section 117 allows for the transfer of funds from the
Bureau of the Fiscal Service--Salaries and Expenses to the Debt
Collection Fund conditional on future reimbursement.
Section 118 prohibits funds to build a United States Mint
museum without the approval of the Committees and the
authorizing committees of jurisdiction.
Section 119 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of Engraving
and Printing without the approval of the Committees and the
authorizing committees of jurisdiction.
Section 120 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2023 Intelligence Authorization
Act.
Section 121 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 122 requires the Secretary to submit a Capital
Investment Plan.
Section 123 prohibits the Department from finalizing any
regulation related to the standards used to determine the tax-
exempt status of a 501(c)(4) organization.
Section 124 requires a Franchise Fund report.
Section 125 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 126 provides funding for the Special Inspector
General for Pandemic Recovery.
Section 127 permits the Bureau of Engraving and Printing to
use the Bureau of Engraving and Printing Fund for road and
traffic light improvements surrounding its new facility.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $77,681,000 for the salaries and expenses
of the White House.
American Grown Flowers.--The White House is encouraged to
adopt an American-grown policy for cut flowers and greens
displayed at the White House to support American farmers,
retailers, wholesalers, florists, and their employees who rely
on the American-grown cut flower industry.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $15,609,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $2,500,000 for repair, alteration, and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,903,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $17,901,000 for salaries and expenses of
the National Security Council and Homeland Security Council, of
which not to exceed $10,000 is available for official reception
and representation expenses.
Office of Administration
SALARIES AND EXPENSES
The bill provides $115,463,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization. Of the
amount provided under this heading, up to $7,000,000 shall be
available to provide payments (such as stipends, subsistence
allowances, cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $128,035,000 for salaries and expenses of
the Office of Management and Budget (OMB).
Biodefense Activities.--OMB is again directed to conduct a
detailed analysis of the Administration's budget for biodefense
activities as part of the annual budget process. The Committees
requested such a report since fiscal year 2019. Such analysis
should display all funds requested for biodefense activities,
both mandatory and discretionary, by agency and categorized by
biodefense enterprise element.
Federal Government Hiring Process.--There is concern about
the length of time it takes the Federal Government to hire
qualified employees and the difficulty talented individuals
have in applying for and securing Federal employment. OMB and
OPM are expected to take the lead in ensuring that the Federal
Government can recruit and hire the best and the brightest. OMB
and OPM are also expected to actively assist agencies in
developing highly qualified talent teams to ensure each agency
has dedicated resources and support for improving their hiring
system and to work proactively with agencies seeking specific
hiring authorities to address pressing government priorities.
OMB and OPM are directed to brief the Committees no later than
120 days after enactment of this Act on their plans to address
this issue.
Information Technology Strategic Plan.--Congress has made
significant investments in the Technology Modernization Fund
and the Federal Citizens Services Fund at the General Services
Administration (GSA), in the Information Technology Oversight
and Reform Fund at OMB, and in the U.S. Digital Service. The
Federal Government must maximize the impact of these funds by
developing a strategic spend plan that prevents duplication
efforts, prioritizes spending, and guarantees coordination
among agencies. OMB is directed to provide the Committees with
a detailed strategic plan for use of the funds no later than 60
days after enactment of this Act.
Office of Information and Regulatory Affairs (OIRA).--The
agreement directs OMB to provide a report no later than 60 days
after enactment of this Act that details the current full time
equivalent staff of OIRA, including the cumulative cost of all
personnel within the Office, the current organizational chart
of OIRA and recommendations for improving the OIRA's oversight
of the Paperwork Reduction Act.
Intellectual Property Enforcement Coordinator
The bill provides $1,902,000 for the Intellectual Property
Enforcement Coordinator.
Office of the National Cyber Director
SALARIES AND EXPENSES
The bill provides $21,926,000 for the Office of the
National Cyber Director.
Memory Safety.--A significant portion of cybersecurity
vulnerabilities today, including those exploited to gain
unauthorized access to systems, relate to memory safety. The
Office of the National Cyber Director is encouraged to
investigate memory safety within the Federal Government and to
brief the Committees no later than 180 days after enactment of
this Act on its findings.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $21,500,000 for salaries and expenses of
the Office of National Drug Control Policy (ONDCP).
Fentanyl-Related Substances.--Given the urgency of the drug
overdose epidemic, ONDCP shall report to the Committees no
later than 180 days after enactment of this Act, on ways to
improve the timeliness, accuracy, and accessibility of fatal
and non-fatal overdose data from law enforcement, emergency
medical services, and public health sources.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $302,000,000 for the High Intensity Drug
Trafficking Areas Program (HIDTA).
ONDCP is directed to consult with the HIDTAs in advance of
deciding programmatic spending allocations for discretionary
(supplemental) funding, taking particular note of areas with
the highest rates of overdose deaths.
Opioid Crisis.--To ensure that communities are equipped
with the necessary resources to coordinate law enforcement
strategies adequately, ONDCP is directed to prioritize eligible
applicants whose communities are experiencing the highest
overdose death rates per capita when deciding new designations.
Further, ONDCP is directed to provide enhanced technical
assistance to any applicants that have applied at any time
during the past three award cycles that did not receive a
designation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $137,120,000 for Other Federal Drug
Control Programs. The agreement allocates funds among specific
programs as follows:
------------------------------------------------------------------------
Drug-Free Communities Program.......................... $109,000,000
(Training)........................................... (2,500,000)
Drug court training and technical assistance........... 3,000,000
Anti-Doping activities................................. 15,250,000
World Anti-Doping Agency (U.S. membership dues)........ 3,420,000
Model Acts Program..................................... 1,250,000
Community-based coalition enhancement grants (CARA 5,200,000
Grants)...............................................
------------------------------------------------------------------------
Fentanyl-Related Substances.--ONDCP is directed to report
to the Committees no later than 120 days after enactment of
this Act on any targeted prevention efforts and on efforts to
encourage community-led coalitions to raise awareness on the
rise of fentanyl contamination of illegal drugs.
World Anti-Doping Agency (WADA) Governance.--ONDCP should
work diligently to ensure that the Assembly of the American
Sports Council, which determines representatives from western
hemisphere governments on WADA Boards, provides a permanent
solution to ensure fair representation to the largest donors to
WADA in the region, such as the U.S. Government. It is
important that the United States has fair and regular access to
WADA's key decision-making bodies by having a regular seat on
the Executive Committee. ONDCP is directed to submit a report
and to brief the Committees no later than 180 days after
enactment of this Act on the status of implementation of
governance reforms and other related WADA matters which impact
the United States Government's capacity to promote clean sport
proactively.
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $13,700,000 for information technology
oversight and reform activities.
Special Assistance To The President
SALARIES AND EXPENSES
The bill provides $6,076,000 for salaries and expenses to
enable the Vice President to provide special assistance to the
President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $321,000 for operating expenses for the
official residence of the Vice President.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB, during fiscal
year 2023, to include a statement of budgetary impact with any
Executive order issued or revoked and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
Section 203 requires the Director of the OMB to issue a
memorandum to all Federal departments, agencies, and
corporations directing compliance with title VII of this Act.
Section 204 requires OMB to implement a system to make
publicly available, in an automated fashion, all documents
apportioning an appropriation and all relevant delegations of
apportionment authority, and to provide an explanation of any
footnotes for apportioned amounts.
Section 205 provides funds for initiatives related to drug
prevention, to be awarded as follows:
[GRAPHIC] [TIFF OMITTED] T9060E.001
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $109,551,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $29,246,000 for the care of the Supreme
Court building and grounds.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $36,735,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit. In
addition, the bill provides mandatory costs as authorized by
current law for the salaries of the chief judge and judges of
the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $21,260,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by current law
for the salaries of the chief judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The bill provides $5,905,055,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services, of which $106,079,000 is for cybersecurity and IT
modernization priorities. In addition, the bill provides
mandatory costs as authorized by current law for the salaries
of circuit and district judges (including judges of the
territorial courts of the United States), bankruptcy judges,
and justices and judges retired from office or from regular
active service. The bill also provides $9,975,000 from the
Vaccine Injury Compensation Trust Fund.
McGirt v. Oklahoma.--The Administrative Office (AO) of the
U.S. Courts is directed to report to the Committees no later
than 120 days after enactment of this Act on the change in
Criminal Justice Act representations for Federal defender
offices and panel attorneys in the three Oklahoma Federal
judicial districts pre- and post-McGirt, estimated Federal
defender and panel attorney caseloads in Oklahoma judicial
districts for the next fiscal year, and total McGirt cases
taken by Federal defenders and panel attorneys outside of
Oklahoma.
Federal Courthouses.--Construction projects should be
identified through the assessment process that will improve the
overall functionality and security of Federal courthouses.
Courthouse Fencing.--The Judiciary should address
courthouse perimeter fencing needs such as those identified by
the District of Maryland within the funding provided in the
bill.
DEFENDER SERVICES
The bill provides $1,382,680,000 for Defender Services, of
which $8,042,000 is for cybersecurity and IT modernization.
Report regarding Effective Assistance of Counsel in Federal
Judicial Districts Lacking A Federal Public or Community
Defender.--The AO is directed to collect data and report to the
House and Senate Committees on the Judiciary and Committees, no
later than 180 days after enactment of this Act, on specific
criteria about each district that currently lacks a Federal
Public or Community Defender. The Judiciary shall consult with
the Committees regarding the specific criteria required in the
report.
Effective Assistance of Counsel for Indigent Defendants in
Districts Lacking a Federal Public or Community Defender.--The
AO is strongly encouraged to work with judicial districts
lacking a federal defender office to establish one.
FEES OF JURORS AND COMMISSIONERS
The bill provides $58,239,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $750,163,000 for Court Security.
Additional funding was provided in P.L. 117-103 and in P.L.
117-180 for courthouse hardening.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $102,673,000 for salaries and expenses of
the Administrative Office (AO) of the United States Courts.
Court Interpreter Program Data.--The AO is strongly
encouraged to develop and submit to the Committees a plan for
how it would collect court interpreter data and evaluate and
monitor the accessibility of court interpreter services for
affected individuals in Federal court no later than 150 days
after enactment of this Act. The plan should address data
collection processes, costs, and timeframe for developing and
implementing new data collection processes and system
modifications as well as specific data. The Judiciary shall
consult with the Committees regarding the specific criteria
required in the plan.
Additionally, the AO is strongly encouraged to evaluate the
skills of interpreters in languages for which formal
certification is not available and should consider certifying
interpreters in those languages.
Public Access to Court Electronic Records (PACER).--Regular
updates are expected on the Judiciary's plans to modernize the
PACER system and the underlying case management and electronic
case files system to improve their security, efficiency
functionality, and user experience.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $34,261,000 for salaries and expenses of
the Federal Judicial Center (FJC), of which $1,000,000 is for
the FJC to contract with the National Academy of Public
Administration on the workplace misconduct report.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $21,641,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the Judicial
Conference.
Section 304 extends through fiscal year 2023 the delegation
of authority to the Judiciary for contracts for repairs of less
than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services at
selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district of
California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of North
Carolina, the eastern district of Texas, and Hawaii.
Section 307 provides the authority for the Supreme Court to
establish a retention and recruitment program for Supreme Court
Police officers and other critical employees.
Section 308 codifies the United States Sentencing
Commission's participation in the Federal Employees' Retirement
System.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Death with Dignity.--Congress has expressly forbidden the
use of Federal funding for purposes related to assisted suicide
under the Assisted Suicide Funding Restriction Act of 1997
(Public Law 105-12). There are concerns that the Death with
Dignity Act of 2016 (D.C. Law 21-182) puts our Nation's most
vulnerable people who are elderly, disabled, or fighting mental
illness at risk. As such, the Chief Financial Officer for the
District of Columbia shall submit a report to the Committees to
certify that no Federal funds are used to implement D.C. Law
21-182 in the District of Columbia in contravention of existing
law. The District shall also report to the Committees on the
number of lethal prescriptions prescribed during the fiscal
year, the number of patients that actually consumed the
medication and the cause of death that was listed on the death
certificate.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $30,000,000 for emergency planning and
security costs in the District of Columbia to remain available
until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $291,068,000 for the District of Columbia
courts, of which $15,055,000 is for the D.C. Court of Appeals,
$140,973,000 is for the Superior Court, $88,290,000 is for the
D.C. Court System, and $46,750,000 is for capital improvements
to courthouse facilities.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
(INCLUDING RESCISSION OF FUNDS)
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $285,016,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $53,269,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,450,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $630,000 for Judicial Commissions. Within
the amount provided, $330,000 is for the Commission on Judicial
Disabilities and Tenure and $300,000 is for the Judicial
Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results Act
(SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law.
The agreement does not adopt the House report directives in
Federal Payments For School Improvement.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $600,000 for the Major General David F.
Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
The bill provides $4,000,000 for HIV/AIDS testing and
treatment.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2023
Budget Request Act of 2022.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,465,000 for the Administrative
Conference of the United States.
Barry Goldwater Scholarship And Excellence In Education Foundation
SALARIES AND EXPENSES
The bill provides $2,000,000 for the Barry Goldwater
Scholarship and Excellence in Education Foundation.
Commodity Futures Trading Commission
(INCLUDING TRANSFER OF FUNDS)
The bill provides $365,000,000 for the Commodity Futures
Trading Commission.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill provides $152,500,000 for the Consumer Product
Safety Commission (CPSC). Within the amount provided,
$2,000,000 is available until expended for the pool and spa
safety grants program established by the Virginia Graeme Baker
Pool and Spa Safety Act and $2,000,000 is available until
expended to carry out the program, including administrative
costs, required by section 204 of the Nicholas and Zachary Burt
Memorial Carbon Monoxide Poisoning Prevention Act of 2022.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2023 for the adoption or implementation of the proposed
rule on ROVs until a study by the National Academy of Sciences
is completed.
Election Assistance Commission
SALARIES AND EXPENSES
The bill provides $28,000,000 for the salaries and expenses
of the Election Assistance Commission (EAC), of which
$1,500,000 shall be made available to the National Institute of
Standards and Technology (NIST) for election reform activities,
and of which $1,000,000 shall be for the Help America Vote
College Program.
Within 45 days of enactment of this Act, EAC and NIST shall
submit to the Committees an expenditure plan for the funds that
includes: (1) the number and position title and office of each
staff person doing work and amount of time each staff person
spends on that work; (2) the specific tasks accomplished
including length of time needed to accomplish the task; and (3)
an explanation of expenditures, including contracts and grants,
and use of the EAC funding provided to NIST (including
enumeration of funds).
ELECTION SECURITY GRANTS
The bill provides $75,000,000 to the Election Assistance
Commission to make payments to states for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized under sections 101, 103, and 104 of
the Help America Vote Act of 2002 (P.L. 107-252).
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $390,192,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill provides
that $390,192,000 be derived from offsetting collections,
resulting in no net appropriation.
9-1-1.--The FCC is commended for requiring the deployment
of vertical location technology to ensure that the location of
9-1-1 calls is transmitted at the time of the call delivery and
is directed to brief the Committees on what other actions can
be taken to improve 9-1-1 reliability.
Agency Coordination.--In recognition of their vital role in
advancing and preserving universal communication services, the
FCC is encouraged to coordinate efforts with the Rural Utility
Service to optimize the use of limited resources and promote
broadband deployment in rural America.
Contraband Cell Phones.--The agreement notes continued
concerns regarding the exploitation of contraband cell phones
in prisons and jails nationwide. The FCC is encouraged to
continue to explore all available options to address this
issue, including the use of geofencing, quiet zones, network-
based solutions, and beacon technology. The FCC is directed to
brief the Committees no later than 90 days after enactment of
this Act on its findings and timeline for acting on the second
Notice of Proposed Rulemaking in FCC 21--82.
Enhanced Mapping.--The FCC is encouraged to partner with
other Federal entities to gain access to multiple data sources
and technologies such as aerial imagery, light detection and
ranging (LIDAR), and multi-spectral data to create more
accurate national broadband coverage maps.
Promoting Digital Expansion.--Far too many individuals
residing in low-income areas and communities of color lack
access to high-speed Internet service. The FCC is commended for
its commitment to implement the Congressional mandate in the
Infrastructure Investment and Jobs Act and is urged to act
expeditiously on this issue. Further, the FCC is directed to
brief the Committees no later than 120 days after enactment of
this Act on the status of its efforts to promote universal
access and further shrink the digital divide.
Universal Service Reform.--Far too many Americans living in
rural areas lack access to broadband at speeds necessary to
fully participate in the Internet age. The FCC is urged to
prioritize unserved and underserved areas in all Universal
Service Fund (USF) programs.
Wireless Resiliency During Disasters.--The FCC is commended
for its action on this issue in June 2022 to strengthen the
resiliency of wireless phone service during natural disasters,
including wildfires. Not later than 180 days after enactment of
this Act, the FCC is directed to brief the Committees on the
effectiveness of the recently updated regulations.
ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION
Section 510 extends an exemption from the Antideficiency
Act for the Universal Service Fund.
Section 511 prohibits the FCC from changing rules governing
the USF regarding single connection or primary line
restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $47,500,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $81,674,000 for salaries and expenses of
the Federal Election Commission.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $29,400,000 for the Federal Labor
Relations Authority.
Federal Permitting Improvement Steering Council
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The bill provides no funding for the Federal Permitting
Improvement Steering Council's (FPISC) Environmental Review
Improvement Fund. The agreement notes that P.L. 117-169
provided the Federal Permitting Improvement Steering Council
Environmental Review Improvement Fund with $350,000,000 to
remain available through September 30, 2031, of which
$70,000,000 is for fiscal year 2023. In addition, P.L. 117-58
provided $650,000 for fiscal year 2023.
No later than 180 days of enactment of this Act, the FPISC
shall provide a spending plan to the Committees for all funds
received in P.L. 117-169 and P.L. 117-58.
A provision is included in Title VI clarifying the hiring
authorities of the Executive Director.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $430,000,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $190,000,000 and $20,000,000,
respectively.
With the concurrence of the Committees, the FTC may choose
to provide a briefing to the Committees in lieu of providing a
required report.
Consumer Right to Repair.--In lieu of House report
language, the agreement notes the FTC's ongoing work examining
how manufacturers, particularly mobile phone and car
manufacturers, may limit repairs by consumers and repair shops,
and how those limitations may increase costs, limit choice, and
impact consumers' rights under the Magnuson-Moss Warranty Act.
The FTC's ``Nixing the Fix'' report includes assertions that
manufacturers are exploiting their access to consumers'
telematics data while limiting those same consumers from
accessing their own data or from sharing such access with
independent repair shops. Following up on the report, the
agreement directs the FTC to prioritize investigations and
enforcement efforts that protect consumers from unfair acts
limiting competition, specifically stemming from manufacturers'
control over telematics systems.
Food Marketed to Children.--The agreement notes that no
funding for the Federal Trade Commission may be used to
complete the draft report on food marketed to children as
described in the House report.
Horseracing Integrity and Safety Act.--The agreement
supports continued implementation of the Horseracing Integrity
and Safety Act (P.L. 116-260) to promote fairness and increase
safety in the horseracing industry.
Imported Shrimp.--The FTC is strongly encouraged to
continue to enforce its Section 5 reviews of deceptive
practices tied to country-of-origin labeling for imported
shrimp. Imported shrimp account for more than 90 percent of the
shrimp consumed in the United States, yet there is widespread
use of illegal veterinary drugs and overuse of antibiotics by
foreign bad actors. The FTC is urged to coordinate its
enforcement and proper origin requirements for the benefit of
U.S. consumers with Customs and Border Protection, the
Department of Agriculture, and the Food and Drug Administration
to close any country-of-origin labeling gaps and prevent
deceptive practices for imported shrimp.
Made in U.S.A.--There are continuing concerns that, for
companies that brazenly violate the FTC Act's prohibition on
deception by falsely labeling wholly imported products as
``Made in U.S.A.,'' the FTC has often settled charges without
requiring the company to disgorge its ill-gotten gains or admit
liability. The agreement recommends that the FTC seek
aggressive remedies for ``Made in U.S.A.'' violators, including
through tougher settlements and the use of its powers under
both section 5(m) of the FTC Act and the FTC's recently
finalized Made in U.S.A. Labeling Rule.
Pharmacy Benefit Manager (PBM) Study.--The FTC is urged to
expeditiously execute its 6(b) study of pharmacy benefits
managers' business practices. The study should identify acts
and practices that may be either unlawful today or contrary to
the public interest in obtaining safe and affordable medicines,
and provide recommendations to Congress and the Administration.
Section 13(b).--The Supreme Court recently ruled that
Section 13(b) of the FTC Act permits the FTC to obtain only
injunctions and not monetary redress for victims of violations
of laws enforced by the FTC. Therefore, victimized consumers
will have less of an opportunity via Section 13(b) to get their
money back. The FTC is encouraged to work with Congress to
address this issue.
General Services Administration
In lieu of the House report directive on Diversity in
Federal Public Building Names, GSA is directed to submit to the
Committees no later than 180 days after enactment of this Act a
list of all unnamed GSA-owned buildings with more than 10,000
gross square feet.
Hartford, Connecticut Courthouse.--The agreement directs
GSA to review a range of potential sites for the new Hartford
courthouse consistent with Executive Order 12072, as amended by
Executive Order 13946, the National Environmental Policy Act,
and GSA's Good Neighbor Program, among other site
considerations.
Springfield, Missouri Courthouse.--No later than 180 days
after enactment of this Act, GSA, in consultation with the
Federal Judiciary and other federal tenants, is directed to
submit to the Committees an updated housing plan and cost
estimate for a new Federal courthouse in Springfield, Missouri,
that fully meets the operational needs of the Federal Courts
and other Federal tenants. As a part of this plan, GSA is
directed to include a separate housing plan and cost estimate
that combines both a new Federal courthouse and space for
operations for any other agency within 50 miles of Springfield,
Missouri, that is on the GSA Inventory of Owned and Leased
Properties.
Extreme Weather Risks.--The agreement directs GSA to
continue to promulgate criteria to manage extreme weather risks
for public buildings and issue any additional guidance
necessary for every public building constructed, acquired, or
altered by GSA to conform to such criteria.
Acquisition Authorities.--The agreement directs GSA to
provide a report to the Committees on all its existing
acquisition authorities, no later than 180 days after enactment
of this Act.
System for Award Management (SAM).--As GSA continues SAM
modernization efforts, GSA is expected to make anti-fraud
measures a priority. No later than 180 days after enactment of
this Act, GSA is directed, in consultation with the Award
Committee for e-Government, to submit a report documenting its
progress to modernize SAM, including any anti-fraud measures
and screening processes, tools, and any additional enhancements
being considered to verify the identity of federal government
contractors and grant recipients.
Future of Federal Office Space.--GSA is directed to provide
periodic briefings on how the Federal Government can reduce its
office space requirements based on the lessons learned from the
use of telework during the pandemic.
Dirksen Courthouse.--GSA is commended for efforts to
involve stakeholders in discussions to address the State Street
properties in Chicago. GSA is expected to continue to provide
advance notice to and consult with the Committees before taking
any actions with respect to these properties.
Santa Teresa Port of Entry.--GSA is requested to keep the
Committees updated on progress in modernizing the Santa Teresa
Port of Entry.
Executive Order 14057.--GSA is encouraged to meet carbon
reductions in accordance with Executive Order (E.O.) 14057. GSA
is further encouraged to incorporate considerations of energy
security, cybersecurity, reliability, and resiliency, in its
decision-making processes related to E.O. 14057.
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the GSA Federal Buildings
Fund totaling $10,013,150,000.
Social Cost of Carbon.--The agreement does not adopt the
House directive on the social cost of carbon.
CONSTRUCTION AND ACQUISITION
The bill provides $807,809,000 for construction and
acquisition:
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
CT................................ Hartford, United $61,500,000
States Courthouse.
DC................................ DHS Consolidation at $252,963,000
St. Elizabeths.
DC................................ Federal Energy $21,000,000
Regulatory
Commission Lease.
DC................................ Southeast Federal $3,946,000
Center Remediation.
FL................................ Ft. Lauderdale $55,000,000
Courthouse.
NCR............................... Federal Bureau of $375,000,000
Investigation
Headquarters.
TN................................ Chattanooga, United $38,400,000
States Courthouse.
------------------------------------------------------------------------
Land Ports-of-Entry Study.--The agreement does not adopt
the House report directive in Construction and Acquisition on
Land Ports-of-Entry Study.
Innovative Wood Products.--The agreement directs GSA to
evaluate the use of innovative wood products as a green
building material and potential aid in carbon storage, which
can deliver a cost-effective and sustainable path to reduce
excessive hazardous fuels loads and foster long-term forest
resilience by expanding markets for low-grade and low-value
wood, providing economic diversity for forest communities and
reducing wildfire risk in the process. GSA is encouraged to
continue to partner with industry to identify opportunities to
expand utilization of these materials in Federal construction
projects in the future.
REPAIRS AND ALTERATIONS
The bill provides $662,280,000 for repairs and alterations:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations........................... $244,783,000
------------------------------------------------------------------------
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
Multiple Locations................ National Conveying $30,000,000
Systems.
NCR............................... Fire Alarm Systems.. $40,000,000
CA................................ San Francisco, $15,687,000
Federal Building.
GA................................ Atlanta, Sam Nunn $10,229,000
Atlanta Federal
Center.
MA................................ Boston, John J. $10,345,000
Moakley U.S.
Courthouse.
MT................................ Butte, Mike $25,792,000
Mansfield Federal
Building and U.S.
Courthouse.
NY................................ New York, Alexander $68,497,000
Hamilton U.S.
Custom House.
OH................................ Cleveland, Carl B. $10,235,000
Stokes U.S.
Courthouse.
OK................................ William J. Holloway, $3,093,000
Jr. U.S. Courthouse
and U.S. Post
Office.
PA................................ Philadelphia, James $12,927,000
A. Byrne U.S.
Courthouse.
VT................................ St. Albans, Federal $17,978,000
Building, U.S. Post
Office and Custom
House.
------------------------------------------------------------------------
Inflation Reduction Act.--Funds provided to the Federal
Buildings Fund in P.L. 117-169 shall augment all GSA projects
in this Act funded under Construction and Acquisition, and
Major Repairs and Alterations in order to facilitate their
completion.
------------------------------------------------------------------------
------------------------------------------------------------------------
Basic Repairs and Alterations........................... $398,797,000
------------------------------------------------------------------------
Within the total for Basic Repairs and Alterations,
$3,000,000 is for repairs to the water feature at the Wilkie D.
Ferguson Jr. U.S. Courthouse in Miami, FL.
------------------------------------------------------------------------
------------------------------------------------------------------------
Special Emphasis Programs............................... $18,700,000
Judicial Capital Security............................... $18,700,000
------------------------------------------------------------------------
RENTAL OF SPACE
The bill provides $5,561,680,000 for rental of space.
Leased Buildings Pilot.--The agreement encourages GSA to:
(1) evaluate the benefits of developing a pilot program
entering into mutual aid agreements with private sector lessors
of buildings where GSA has a leasehold interest; and (2) make
available technical assistance to support lessors in making the
building more energy efficient, support the installation of
electric vehicle charging infrastructure, and conduct related
work.
BUILDING OPERATIONS
The bill provides $2,981,381,000 for building operations.
Plum Island.--The agreement expresses support for the
Department of Homeland Security (DHS) and the General Services
Administration's efforts to remediate and transfer ownership of
Plum Island. DHS and GSA are encouraged to work expeditiously
on the Plum Island Closure and Sale project and to consider a
Federal conservation outcome for the island, should the
Department of Interior or another Federal agency express an
interest in acquiring the property through a Federal transfer
for conservation and related activities.
Automated External Defibrillators (AEDs) in Public
Buildings.--In addition to the House report directive on
Automated External Defibrillators (AEDs) in public buildings,
the agreement directs GSA to work with the Department of Health
and Human Services to examine whether AEDs should be required
in federally owned buildings under the custody and control of
GSA. GSA and HHS shall issue an updated FMR bulletin no later
than 1 year after enactment of this Act.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $71,186,000 for GSA government-wide
policy activities.
Library of Buildings.--In lieu of House report language,
the agreement directs GSA to create a ``library of buildings''
comprised of a representative group of ``typical'' as-built
projects to establish baseline embodied carbon through whole
building life cycle assessments for government construction
projects. Using standard based metrics from Life Cycle
Inventory and a set of standard-based Whole Building Life Cycle
Assessment practices, GSA is directed to analyze and evaluate
existing buildings to assess their embodied carbon levels. The
data would be made accessible to the public and inform future
policy direction on reductions below the baselines to maximize
carbon reduction in federal buildings.
Brooks Act.--The agreement directs GSA to not award or
facilitate the award of any contract for the provision of
architectural, engineering, and related services in a manner
inconsistent with the procedures in the Brooks Act (40 U.S.C.
1101 et seq.) and part 36.6 of the Federal Acquisition
Regulation.
OPERATING EXPENSES
The bill provides $54,478,000 for operating expenses.
Within the amount provided, $29,092,000 is for Real and
Personal Property Management and Disposal and $25,386,000 is
for the Office of the Administrator.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $10,352,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $74,583,000 for the Office of Inspector
General.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $5,200,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $90,000,000 for deposit into the Federal
Citizen Services Fund and authorizes use of appropriations,
revenues, and collections in the Fund in an aggregate amount
not to exceed $200,000,000.
Foundations for Evidence-Based Policymaking Act.--The
agreement includes up to $5,000,000 for implementation of the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435). GSA is urged to develop guidance to ensure all
relevant external stakeholders are provided the opportunity to
comment. GSA is encouraged to work towards consolidating
existing and leveraging new commercial technologies to
implement Federal data initiatives and carry out pilot projects
related to the implementation of the OPEN Government Data Act
and to expand the data.gov platform further to implement these
initiatives.
Credential Service Providers.--In lieu of House report
language, the agreement directs GSA to promote government-wide
policy that leverages portable identity and multiple credential
service providers (CSPs) independently certified against the
requisite National Institute of Standards and Technology
guidelines for the highest possible pass rates, fraud
prevention, and cost reduction.
Federal Government IT Investments.--The current funding for
Federal Government information technology (IT), especially the
siloed nature in which agencies acquire, deploy, and oversee
their IT investments, impedes the development, maintenance and
ongoing improvement of shared technology platforms and services
that address common needs across agencies. The inability of
government systems to interface and interact with each other
makes it exceptionally harder for Americans to easily and
securely access benefits and makes it easier for people to
defraud the government. Some fraud uncovered in pandemic relief
programs could have been avoided if federal agencies were able
to make data available to other agencies in ways that improved
program administration, reduced administrative burden to
citizens, and limited the ability of bad actors to exploit
common weaknesses across programs.
Section 753 of this Act authorizes the transfer of funds to
GSA to finance an appropriate share of various IT projects that
support modernization, customer experience, and cybersecurity
efforts across the federal enterprise. The GSA Administrator,
in consultation with the Office of Management and Budget and,
as appropriate, other federal agencies, is directed to
identify, define, and produce a prioritized list of the common
challenges or needs across agencies that would benefit from
shared technical solutions or ways to make data more accessible
and interoperable across one or more agency IT systems,
including specific examples and recommendations and report to
the Committees no later than 180 days after enactment of this
Act.
The Government Accountability Office is directed to
identify statutes or agency policies that currently inhibit the
adoption of shared technology platforms and services, and make
recommendations on changes--either within agency procedures or
statute--that would remove these obstacles.
TECHNOLOGY MODERNIZATION FUND
The bill provides $50,000,000 for the Technology
Modernization Fund for technology-related modernization
activities.
WORKING CAPITAL FUND
The bill provides $5,900,000 for the Working Capital Fund
for necessary costs to modernize e-rulemaking systems.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees.
Section 522 requires transmittal of a fiscal year 2024
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial Conference's
5-year construction plan, and includes a standardized courtroom
utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that does
not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved in
other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate Congressional committees.
Section 526 requires a spending plan for the Federal
Citizen Services Fund.
Section 527 addresses the selection of a site for a new
Federal Bureau of Investigation headquarters from one of the
three identified sites in GSA fiscal year 2017 prospectus PNCR-
FBI-NCR 17.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $3,000,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $52,000,000 for the salaries and expenses
of the Merit Systems Protection Board. Within the amount
provided, $49,655,000 is a direct appropriation and $2,345,000
is a transfer from the Civil Service Retirement and Disability
Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,800,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,943,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $427,520,000 for the operating expenses
of the National Archives and Records Administration (NARA), of
which up to $2,000,000 shall be available until September 30,
2024, to preserve and make publicly available the congressional
papers of former Members of the House and Senate.
Alaskan Records.--NARA is commended for keeping its
commitments to digitize the Territorial and Federal records
generated in Alaska that are currently stored at the Sand Point
facility in Washington; to post such records online on an easy-
to-find, navigable, and searchable platform; and to consult
with Alaska Native Tribes and Tribal organizations concerning
the most effective methods of maintaining meaningful access to
those records. No later than 180 days after enactment of this
Act, NARA is directed to submit a report to the Committees that
summarizes the consultations that have occurred, the result of
those consultations, and a timeline for completing the
digitization within two years.
National Personnel Records Center.--Congress has already
provided NARA with $50,000,000 for the Federal Record Centers
Program to aid in the effort to address the backlog of military
personnel records requests such as hiring additional staff and
investing in technology to support remote work. NARA is
expected to prioritize efforts necessary to better serve
American veterans. NARA is directed to provide quarterly
reports on the status of the backlog, estimates of when it will
be cleared, and planned and year-to-date expenditures to
address the backlog.
OFFICE OF INSPECTOR GENERAL
The bill provides $5,980,000 for the Office of Inspector
General.
REPAIRS AND RESTORATION
The bill provides $22,224,000 for the repair, alteration,
and improvement of archives facilities and museum exhibits,
related equipment for public spaces, and to provide adequate
storage for holdings, to remain available until expended.
Funds are included for the Carter Presidential Library in
Atlanta, Georgia, and the Ulysses S. Grant Presidential Library
in Starkville, Mississippi.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $12,000,000 for the National Historical
Publications and Records Commission grants program. The
agreement includes $2,000,000 for a competitive grant program
to support preserving the congressional papers of former
Members of the Senate and House and for making these papers
available for public research.
ADMINISTRATIVE PROVISION--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Section 530 provides funds for initiatives related to the
preserving and publishing of historical records to be awarded
as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $3,500,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $24,500,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF TRUST FUNDS)
The bill provides $385,708,000 for salaries and expenses of
Office of Personnel Management (OPM). Within the amount
provided, $190,784,000 is a direct appropriation and
$194,924,000 is a transfer from OPM trust funds. These amounts
support 34 new full-time equivalents for Retirement Services
and $19,373,000 for information technology modernization.
Transparency in Political Appointments.--In lieu of House
report language on transparency in political appointments, the
agreement recommends that OPM include political appointee data
in Fedscope.
Wildland Firefighter Classification and Pay.--OPM is
directed to analyze how pay for wildland and other firefighters
employed by the Federal Government might be modified or
reformed to address concerns about pay-related matters, such as
classification and work hours, and report to the Committees on
its findings no later than 90 days after enactment of this Act.
OPM should use this information to assess the need for special
rates of pay under section 5305 of title 5, United States Code,
for Federal wildland firefighters, including estimates of the
cost of providing any proposed special rates and include that
information in its reporting.
Exploring Tools for Prescription Drug Price Transparency in
the Federal Employee Health Benefits (FEHB) Program.--OPM is
directed to explore and evaluate the benefits and potential
overall cost savings resulting from FEHB Carriers'
implementation of Internet-based self-service tools that
deliver transparency and clinical decision support on
prescription drug costs to its members. OPM is directed to
report to the Committees one year after enactment of this Act,
contingent on the availability of funding for this study.
Federal Bureau of Investigation (FBI) Police.--The
agreement recognizes the difficulty of designating the members
of the FBI police and other General Schedule police officers as
law enforcement officers for retirement purposes and the need
to review pay levels for police officers in the General
Schedule. GAO shall conduct a study of the FBI and other
agencies that employ General Schedule police officers and
report to the Committees regarding the issues that would need
to be addressed by Congress if it decided to cover police
officers under the law enforcement officer retirement
provisions and the need for higher pay levels for General
Schedule police officers.
IT Modernization.--OPM is expected to continue to make IT
modernization a high priority and to make continual progress.
Federal Government Hiring Process.--OMB and OPM are
expected to take the lead in ensuring that the Federal
Government can recruit and hire the best and the brightest. OMB
and OPM are also encouraged to actively assist agencies in
implementing robust and highly qualified talent teams to ensure
each agency has dedicated resources and support for improving
their hiring system and to work proactively with agencies
seeking specific hiring authorities to address pressing
government priorities.
Retirement Processing.--OPM is expected to continue to
submit monthly reports on the pace of retirement processing.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $36,395,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$6,908,000 is a direct appropriation and $29,487,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $31,904,000 for salaries and expenses of
the Office of Special Counsel.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $10,600,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill provides $4,000,000 for salaries and expenses of
the Public Buildings Reform Board (PBRB).
Sand Point.--The PBRB is directed to refrain from moving
forward with a sale of the Sand Point facility until all of its
records are digitized and available online or relocated to
another facility in the Seattle area.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $2,149,000,000 for the Securities and
Exchange Commission (SEC). In addition, another $57,405,000 and
$3,365,000 is provided for move, replication, and related costs
associated with replacement leases for the Commission's
District of Columbia facilities and the Commission's San
Francisco Regional Office facilities, respectively. All funds
are derived from offsetting collections, resulting in no net
appropriation.
Climate Change Risks to Municipal Bond Markets.--The
agreement does not adopt the House report directive on State
and local municipal bond markets.
Data Security and the Consolidated Audit Trail.--The SEC
continues to collect an increasing amount of market-sensitive
data and customer information-including through the
Consolidated Audit Trail (CAT). As a repository for sensitive
market data, the security of the CAT system and the data
included within it is paramount. The Commission is strongly
urged, in their oversight of FINRA, to ensure the CAT has
adequate breach notification policies in place so affected
participants are promptly notified of critical security events.
International Financial Reporting.--The agreement notes
that investors have expressed the need for more material
information about the international financial operations of
public companies in order to assess risk and inform investment
decisions, and encourages the SEC to consider promulgating
requirements for public companies to disclose basic financial
information on a country-by-country basis.
Reserve Fund Notifications.--The SEC's adherence to its
obligation to notify Congress of the date, amount, and purpose
of any obligation from the Reserve Fund within 10 days of such
obligation is appreciated. The SEC is directed, in its written
notifications to Congress required by 15 U.S.C. 78d(i)(3), to
specify: (1) the balance in the fund remaining available after
the obligation is deducted; (2) the estimated total cost of the
project for which amounts are being deducted; (3) the total
amount for all projects that have withdrawn funding from the
fund since fiscal year 2012; and (4) the estimated amount, per
project, that will be required to complete all ongoing projects
which use funding derived from the fund. The SEC is also
directed to submit, no later than 30 days after enactment of
this Act, a detailed spending plan for the allocation of
expenditures from the fund.
Small Business Outreach.--SEC is directed to submit a
report no later than 120 days after enactment of this Act
detailing outreach to small businesses and investors,
particularly women and minority-owned small businesses, and how
the SEC can incorporate this outreach into each rulemaking.
Special Purpose Acquisition Companies.--Special Purpose
Acquisition Companies (SPACs) raise investor funds through an
initial public offering with the goal of acquiring and merging
with a private company within a two-year window. SPACs are
becoming more popular but the risks that come with these
companies are not always clear to everyday investors. The SEC
is encouraged to use their authority to provide retail-friendly
disclosures for SPACs.
Selective Service System
SALARIES AND EXPENSES
The bill provides $31,700,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $326,000,000 for salaries and expenses of
the Small Business Administration (SBA). The agreement includes
at least $12,000,000 for SBA's Office of Credit Risk Management
(OCRM) for lender oversight and risk-based reviews. Funding for
the Office of General Counsel is provided separately from this
amount. OCRM must play a key role in eliminating waste, fraud,
and abuse in SBA lending programs and protecting taxpayer
losses on loans by ensuring lenders comply with procedures that
mitigate the risk of loss under SBA's loan programs.
District Office Staffing Levels.--Adequate staffing at
district offices is essential to SBA's mission. District
offices offer a critical line of communication and source of
advice for small businesses, especially during the pandemic,
when so many businesses and entrepreneurs relied on SBA
services. SBA is directed to provide a report to the Committees
no later than 90 days after enactment of this Act on the
staffing and budget level for each district office for the past
five fiscal years.
Small Business Investment Company (SBIC) Collaboration.--
SBA is directed to continue its collaborative effort with the
SEC to ensure effective oversight of SBICs and the protection
of SBIC investors.
Small Business Investment Company Concentration.--Due to
concerns about the geographic concentration of SBICs, the
agreement supports the inclusion of additional reporting
requirements on small business investment activities and
encourages SBA to conduct Investment Committee interviews on-
site or as close to the applicant's physical location as
possible.
2017 Hurricane Recommendations.--The agreement notes that
SBA has implemented two recommendations for Executive Action
made by the Government Accountability Office in the report
``Disaster Loan Processing Was Timelier, but Planning
Improvements and Pilot Program Evaluation Needed,'' and expects
SBA to implement the remaining recommendations.
Disaster Loan Assistance Portal.--SBA is encouraged to
migrate the Disaster Loan Assistance Portal to the cloud to
improve the user experience by making it more user-friendly,
accessible, and intuitive.
Information Technology Modernization.--The agreement
recognizes the importance of IT systems modernization and
performance to fulfilling SBA's mission. The agreement notes
SBA's authority to utilize a working capital fund to help SBA
implement IT modernization projects that comply with the intent
of Congress in the Federal Information Technology Acquisition
Act to eliminate waste, fraud, and abuse in Federal IT
enterprise programs.
Native Hawaiian Organizations.--There is concern that
Native Hawaiian Organizations (NHOs) are not treated as 8(a)
eligible entities by all Federal agencies, and expects SBA to
work closely with Congress to provide equal opportunities to
NHOs.
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $320,000,000 for SBA Entrepreneurial
Development Programs.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting 4,000
Assistance)............................................
Cybersecurity for Small Business Pilot Program.......... 3,000
Entrepreneurship Education.............................. 3,000
Federal and State Technology (FAST) Partnership Program. 10,000
Growth Accelerators..................................... 10,000
HUBZone Program......................................... 4,000
Microloan Technical Assistance.......................... 41,000
National Women's Business Council....................... 1,500
Native American Outreach................................ 4,000
PRIME Technical Assistance.............................. 8,000
Regional Innovation Clusters............................ 10,000
SCORE................................................... 17,000
Small Business Development Centers (SBDC)............... 140,000
State Trade Expansion Program (STEP).................... 20,000
Veterans Outreach....................................... 17,500
Women's Business Centers (WBC).......................... 27,000
---------------
Total, Entrepreneurial Development Programs........... 320,000
------------------------------------------------------------------------
Grants Management System.--SBA is directed to provide a
report no later than 30 days after enactment of this Act on the
implementation of a new grants management system and the
timeline for completion.
Cybersecurity for Small Businesses.--The agreement
recommends $3,000,000 for a Cybersecurity Assistance Pilot
Program that will competitively award up to three grants to
States to provide new small businesses with access to
cybersecurity tools during their formative and most vulnerable
years.
Federal and State Technology Partnership (FAST) Program.--
The agreement notes the FAST program's efforts to reach
innovative, technology-driven small businesses and to leverage
the Small Business Innovation Research (SBIR) and Small
Business Technology Transfer (STTR) programs to stimulate
economic development. The FAST program is particularly
important in States that are seeking to build high technology
industries but are underrepresented in the SBIR/STTR programs.
SBA is directed to consider prioritizing awards to States that
receive below the national median average of SBIRs/STTRs. Small
Business and Technology Development Centers (SBTDCs) serve
small businesses in these fields and are accredited to provide
intellectual property and technology commercialization
assistance to businesses in high technology industries. Of the
amount provided for FAST, $1,500,000 shall be for FAST awards
to SBTDCs fully accredited for technology designation as of
December 31, 2022.
Growth Accelerators.--The agreement recognizes the success
of Growth Accelerators in spreading the growth of start-ups in
areas of the country where funding from private capital is
scarce. Within amounts provided for growth accelerators, SBA
shall prioritize funding to applications from rural areas that
have not previously received an award.
HUBZone.--SBA is encouraged to update and implement HUBZone
guidance, as well as implement a plan to mitigate information
technology issues affecting the HUBZone certification process.
Regional Innovation Clusters Eligibility.--The agreement
strongly encourages SBA to reevaluate the eligibility criteria
established in the fiscal year 2019 request for proposal (RFP)
for Regional Innovation Clusters and directs SBA to brief the
Committees on the eligibility criteria for the fiscal year 2022
RFP no less than 30 days prior to its publication.
SCORE.--The SCORE program has made several improvements to
address issues identified in SBA Office of Inspector General's
audit of SCORE's fiscal year 2017 award. The agreement supports
efforts by SCORE to continue to improve program operations and
strengthen financial monitoring and accountability.
Small Business Development Centers (SBDCs).--Subject to the
availability of funds, the Administrator shall, to the extent
practicable, ensure that a small business development center is
appropriately reimbursed within the same fiscal year in which
the expenses are submitted for reimbursement for any and all
legitimate expenses incurred in carrying out activities under
section 21(a)(1) et seq. of the Small Business Act (15 U.S.C.
648(a)(1) et seq.).
SBDC Minimum Funding Awards.--SBA should assess the minimum
funding levels awarded to States and U.S. territories through
the SBDC Program to ensure adequate resources are provided to
meet the demand of each State.
Women's Business Centers.--SBA is encouraged to refine and
share its quarterly dashboard of performance goals with all
WBCs for transparency and coordinate services with other
business assistance programs to avoid duplication.
OFFICE OF INSPECTOR GENERAL
The bill provides $32,020,000 for the Office of Inspector
General (OIG).
The OIG is encouraged to continue routine analysis and
reporting on SBA's oversight of the 7(a) loan program,
effective management of counseling and training services
offered by partner organizations, and SBA's management of the
Disaster Assistance Program.
OFFICE OF ADVOCACY
The bill provides $10,211,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $171,300,000 for the Business Loans
Program Account, of which $6,000,000 is for loans subsidy for
the Microloan Program and $165,300,000 is for the authorized
expenses of administering the business loans programs.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $179,000,000 for the administrative costs
of the Disaster Loans Program, of which $143,000,000 is
designated as being for disaster relief for major disasters and
$36,000,000 is provided for the authorized expenses of
administering SBA-declared disasters.
Examining Disparities in Disaster Assistance.--SBA is
directed to conduct an internal review of its disaster recovery
program implementation practices to identify if any current
practices leave out or provide unequal outcomes for communities
of color and economically-disadvantaged communities; and, if
so, develop recommendations on executive and legislative
actions that could improve outcomes. Further, GAO is directed
to provide a report to the Committees no later than 270 days
after enactment of this Act, on recovery outcomes in
communities that received SBA disaster recovery support and
identify how SBA programs address the needs of economically-
disadvantaged communities or communities of color.
SBA Disaster Loan Duplication of Assistance.--There is
concern that some disaster victims are penalized with disaster
benefit reductions if they apply for SBA disaster loans, but
wind up not taking the loan when other Federal assistance is
awarded. SBA is urged to issue guidance relating to the
consideration of whether an applicant was approved for but
declined assistance from SBA under section 7(b) of the Small
Business Act.
Business Recovery Centers.--SBA is encouraged to continue
its close collaboration with the Federal Emergency Management
Agency (FEMA) during disaster recovery and consider additional
co-location of Business Recovery Centers and Disaster Recovery
Centers where economically practicable.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
Section 540 provides transfer authority and availability of
funds.
Section 541 authorizes the transfer of funding available
under the SBA ``Salaries and Expenses'' and ``Business Loans
Program Account'' appropriations into the SBA Information
Technology System Modernization and Working Capital Fund.
Section 542 provides funds for initiatives related to small
business development and entrepreneurship, including
programmatic, construction, and acquisition activities, to be
awarded as follows:
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $50,253,000 for a payment to the Postal
Service Fund.
House Report Directives.--The agreement does not adopt the
House report directives on a postal non-banking financial
services modernization pilot program or next generation
delivery vehicle.
Small Post Offices.--The agreement includes provisions
ensuring that mail for overseas voting and mail for the blind
shall continue to be free and that none of the funds provided
be used to consolidate or close small rural and other small
post offices in fiscal year 2023. Maintenance of six-day
delivery is mandated by the Postal Services Reform Act.
Zip Code Overlap.--The USPS is reminded of the report
required by House Report 117-79 on zip code overlap in multiple
municipal jurisdictions.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $271,000,000 for the Office of Inspector
General.
Access to the Postal Service Asset Forfeiture Fund.--Since
2005, the USPS OIG has been a valuable law enforcement partner
and active participant in the Postal Service's asset forfeiture
program, which is managed by the U.S. Postal Inspection
Service. Notably, over the past 10 years, the OIG has
contributed over $33 million in forfeited funds to the Postal
Service Fund, either from cases where it was the lead
investigating agency or as a participant in joint law
enforcement investigations. However, there is concern that the
OIG no longer has access to proceeds in the Fund, as it has had
for the past 17 years.
United States Tax Court
SALARIES AND EXPENSES
The bill provides $57,300,000 for salaries and expenses of
the United States Tax Court, of which not to exceed $3,000 is
available for official reception and representation expenses.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSION OF FUNDS)
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly provided
except for transfers made pursuant to the authority in section
3173(d) of title 40, United States Code.
Section 603 limits expenditures for any consulting service
through procurement contracts to those contracts where such
expenditures are a matter of public record and available for
public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds,
specifies the reprogramming procedures for agencies funded by
this Act, and penalizes late reporting.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background reports
from the Federal Bureau of Investigation without the written
consent of the individual who is the subject of the report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost-of-living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result of
an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 prohibits the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel, subsistence,
or related expenses from any person or entity (or their
representative) that engages in activities regulated by such
agencies or commissions.
Section 617 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 618 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund, Judicial
Survivors' Annuities Fund, and the United States Court of
Federal Claims Judges' Retirement Fund), the Government Payment
for Annuitants for Employee Health Benefits and Employee Life
Insurance, and the Payment to the Civil Service Retirement and
Disability Fund. In addition, language is included for certain
retirement, healthcare, and survivor benefits required by 3
U.S.C. 102 note.
Section 619 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children.
Section 620 provides authority for Chief Information
Officers over information technology spending.
Section 621 prohibits funds from being used in
contravention of the Federal Records Act.
Section 622 relates to electronic communications.
Section 623 prohibits funds to be used to deny Inspectors
General access to records.
Section 624 relates to Universal Service Fund payments for
wireless providers.
Section 625 relates to pornography and computer networks.
Section 626 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 627 relates to conference expenditures.
Section 628 prohibits funds made available under this Act
from being used to fund first-class or business-class travel in
contravention of Federal regulations.
Section 629 provides $850,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
Section 630 relates to contracts for public relations
services.
Section 631 relates to advertising and educational
programming.
Section 632 relates to statements by grantees regarding
projects or programs funded by this agreement.
Section 633 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in SEC
filings.
Section 634 requires agencies funded in this Act to submit
to the Committees quarterly budget reports on obligations.
Section 635 clarifies the hiring authorities of the
Executive Director of the Federal Permitting Improvement
Steering Council.
Section 636 designates the Federal building located at 90
7th Street, San Francisco, California as the ``Speaker Nancy
Pelosi Federal Building''.
Section 637 rescinds $150,000,000 in unobligated balances
from the Department of the Treasury, Treasury Forfeiture Fund.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFERS OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that its workplaces are free from the
illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government from employing non-
U.S. citizens whose posts of duty would be in the continental
United States.
Section 705 ensures that agencies will have authority to
pay GSA for space renovation and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the District
of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives that benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to labor
organizations, absent employee authorization or court order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to GSA to
finance an appropriate share of various Government-wide boards
and councils under certain conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires OMB to report on
the budget and resources of the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related to
the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of Olympic, Pan American, and Paralympic
athletes, and supports strict adherence to anti-doping in sport
activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Centers.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are broadcast
or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code, or
section 522.224 of title 48 of the Code of Federal Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the OPM
average unit cost of processing a retirement claim for the
preceding fiscal year, to be available to OPM for the cost of
processing retirements of employees who separate under
Voluntary Early Retirement Authority or who receive Voluntary
Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government, including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of the
legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change is
made pursuant to reprogramming or transfer provisions.
Section 740 prohibits OPM or any other agency from using
funds to implement regulations changing the competitive areas
under reductions-in-force for Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function performed
by civilian Federal employees pursuant to OMB Circular A--76 or
any other administrative regulation, directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure policies
unless certain provisions are included in the policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has considered
suspension or debarment of the corporation and made a
determination that this further action is not necessary to
protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an agency has considered suspension or
debarment of the corporation and has made a determination that
this further action is not necessary to protect the interests
of the Government.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations subcommittee
on the CFPB's finances and expenditures.
Section 747 eliminates automatic statutory pay increases
for the Vice President, political appointees paid under the
executive schedule, ambassadors who are not career members of
the Foreign Service, political appointed (noncareer) Senior
Executive Service employees, and any other senior political
appointee paid at or above level IV of the executive schedule.
Section 748 requires reporting Impoundment Control Act
violations to Congress.
Section 749 requires that any executive branch agency
notify the Committees if an apportionment of an appropriation
for such agency is not approved in a timely and appropriate
manner.
Section 750 requires the retention of certain records
pertaining to certain GAO audits.
Section 751 addresses interagency funding for the United
States Army Medical Research and Development Command, the
Congressionally Directed Medical Research Programs and the
National Institutes of Health research programs.
Section 752 addresses accessibility to government
electronic and information technology for individuals with
disabilities.
Section 753 authorizes the transfer of funds to GSA to
finance an appropriate share of various information technology
projects among Government-wide boards and councils under
certain conditions.
Section 754 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action that seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
bloodborne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative. In addition, section 809
prohibits Federal and local funds to enact any law, rule, or
regulation to legalize or reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary, to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools' budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision applies to the District of Columbia Courts, the Court
Services and Offender Supervision Agency, and the District of
Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2024 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2023.
Section 817 provides the District of Columbia authority to
transfer, receive, and acquire lands and funding it deems
necessary for the construction and operation of interstate
bridges over navigable waters, including related
infrastructure, for a project to expand commuter and regional
passenger rail service and provide bike and pedestrian access
crossings.
Section 818 requires each Federal and District government
agency appropriated Federal funding in this Act to submit to
the Committees quarterly budget reports on obligations.
Section 819 is a new provision that raises the rate for
attorneys and investigators representing indigent defendants.
Section 820 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2023.''
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $336,746,000;
of which $18,862,000 shall remain available until September 30,
2024: Provided, That not to exceed $30,000 shall be for
official reception and representation expenses: Provided
further, That $5,000,000 shall be withheld from obligation
until the Secretary submits, to the Committees on
Appropriations of the Senate and the House of Representatives,
responses to all questions for the record for each hearing on
the fiscal year 2024 budget submission for the Department of
Homeland Security held by such Committees prior to July 1.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and
improvements, $8,048,000, to remain available until September
30, 2025.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$40,000,000, which shall be transferred to ``Federal Emergency
Management Agency--Federal Assistance'', of which $20,000,000
shall be for targeted violence and terrorism prevention grants
and of which $20,000,000, to remain available until September
30, 2024, shall be for the Alternatives to Detention Case
Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet modernization,
$1,743,160,000: Provided, That not to exceed $2,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $325,245,000, of
which $137,245,000 shall remain available until September 30,
2025, and of which $188,000,000 shall remain available until
September 30, 2027.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Homeland Security Situational
Awareness for operations and support, $316,640,000, of which
$95,273,000 shall remain available until September 30, 2024:
Provided, That not to exceed $3,825 shall be for official
reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to
buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General
for operations and support, $214,879,000: Provided, That not to
exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
(including transfer of funds)
Sec. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2023, to the Inspector
General of the Department of Homeland Security listing all
grants and contracts awarded by any means other than full and
open competition during fiscal years 2022 or 2023.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of that
review to the Committees on Appropriations of the Senate and
the House of Representatives not later than February 15, 2024.
Sec. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
monthly budget and staffing report that includes total
obligations of the Department for that month and for the fiscal
year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes, which shall be specified in terms of cost, schedule,
and performance.
Sec. 104. (a) The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9705(g)(4)(B) of title 31, United States Code,
from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfer.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available for
the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall brief
the Committees on Appropriations of the Senate and the House of
Representatives not later than 45 days after the end of each
fiscal quarter on all Level 1 and Level 2 acquisition programs
on the Master Acquisition Oversight list between Acquisition
Decision Event and Full Operational Capability, including
programs that have been removed from such list during the
preceding quarter.
(b) For each such program, the briefing described in
subsection (a) shall include--
(1) a description of the purpose of the program,
including the capabilities being acquired and the
component(s) sponsoring the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under
the current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by
increment, as applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is
in breach status;
(4) a comparison between the initial Department-
approved acquisition program baseline cost, schedule,
and performance thresholds and objectives and the
program's current such thresholds and objectives, if
applicable;
(5) the lifecycle cost estimate, adjusted for
comparison to the Future Years Homeland Security
Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the
estimate;
(C) a breakout of the estimate for the prior
five years, the current year, and the budget
year;
(D) a breakout of the estimate by
appropriation account or other funding source;
and
(E) a description of and rationale for any
changes to the estimate as compared to the
previously approved baseline, as applicable,
and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired
or an explanation for why no such verification and
validation has been performed;
(7) a table displaying the obligation of all program
funds by prior fiscal year, the estimated obligation of
funds for the current fiscal year, and an estimate for
the planned carryover of funds into the subsequent
fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost,
schedule, or performance that could result in a program
breach if not successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs described
in this section to the Committees on Appropriations of the
Senate and the House of Representatives not later than five
business days after the date of approval of such memorandum by
the Under Secretary for Management or the designee of the Under
Secretary.
Sec. 107. (a) None of the funds made available to the
Department of Homeland Security in this Act or prior
appropriations Acts may be obligated for any new pilot or
demonstration unless the component or office carrying out such
pilot or demonstration has documented the information described
in subsection (c).
(b) Prior to the obligation of any such funds made available
for ``Operations and Support'' for a new pilot or
demonstration, the Under Secretary for Management shall provide
a report to the Committees on Appropriations of the Senate and
the House of Representatives on the information described in
subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of,
collecting such data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones,
cost estimates, and implementation schedules, including
a projected end date.
(d) Not later than 90 days after the date of completion of a
pilot or demonstration described in subsection (e) the Under
Secretary for Management shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives detailing lessons learned, actual costs, any
planned expansion or continuation of the pilot or
demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or
demonstration program is a study, demonstration, experimental
program, or trial that--
(1) is a small-scale, short-term experiment conducted
in order to evaluate feasibility, duration, costs, or
adverse events, and improve upon the design of an
effort prior to implementation of a larger scale
effort; and
(2) uses more than 10 full-time equivalents or
obligates, or proposes to obligate, $5,000,000 or more,
but does not include congressionally directed programs
or enhancements and does not include programs that were
in operation as of March 15, 2022.
(f) For the purposes of this section, a pilot or
demonstration does not include any testing, evaluation, or
initial deployment phase executed under a procurement contract
for the acquisition of information technology services or
systems, or any pilot or demonstration carried out by a non-
federal recipient under any financial assistance agreement
funded by the Department.
Sec. 108. Of the amount made available by section 4005 of
the American Rescue Plan Act of 2021 (Public Law 117-2),
$14,000,000 shall be transferred to ``Office of Inspector
General--Operations and Support'' for oversight of the use of
funds made available under such section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of
unaccompanied alien minors; the provision of air and marine
support to Federal, State, local, and international agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support
to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of
up to 7,500 (6,500 for replacement only) police-type vehicles;
the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $15,590,694,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2024; and
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official
reception and representation expenses: Provided further, That
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations:
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided further, That $800,000,000 shall be
transferred to ``Federal Emergency Management Agency--Federal
Assistance'' to support sheltering and related activities
provided by non-Federal entities, including facility
improvements and construction, in support of relieving
overcrowding in short-term holding facilities of U.S. Customs
and Border Protection, of which not to exceed $11,200,000 shall
be for the administrative costs of the Federal Emergency
Management Agency: Provided further, That not to exceed
$5,000,000 may be transferred to the Bureau of Indian Affairs
for the maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol: Provided further,
That of the amounts made available under this heading for the
Executive Leadership and Oversight program, project, and
activity, as outlined in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), $5,000,000 shall not be available for
obligation until the reports concerning human capital strategic
plans and the Office of Field Operations workload staffing
model that are directed in such explanatory statement are
submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial
systems, $581,558,000, of which $481,658,000 shall remain
available until September 30, 2025; and of which $99,900,000
shall remain available until September 30, 2027.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; overseas vetted units; and maintenance, minor
construction, and minor leasehold improvements at owned and
leased facilities; $8,396,305,000; of which not less than
$6,000,000 shall remain available until expended for efforts to
enforce laws against forced child labor; of which $46,696,000
shall remain available until September 30, 2024; of which not
less than $2,000,000 is for paid apprenticeships for
participants in the Human Exploitation Rescue Operative Child-
Rescue Corps; of which not less than $15,000,000 shall be
available for investigation of intellectual property rights
violations, including operation of the National Intellectual
Property Rights Coordination Center; and of which not less than
$4,181,786,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied alien
minors: Provided, That not to exceed $11,475 shall be for
official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):
Provided further, That not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $11,216,000
shall be available to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the
United States: Provided further, That of the amounts made
available under this heading for the Executive Leadership and
Oversight program, project, and activity, as outlined in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), $5,000,000
shall not be available for obligation until the reports
directed under this heading in the explanatory statements
accompanying Public Laws 116-6, 116-93, and 117-103 have been
submitted to the Committees on Appropriations of the Senate and
the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$22,997,000, to remain available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,798,363,000, to
remain available until September 30, 2024: Provided, That not
to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2023 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $6,308,363,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$141,645,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to
remain available until September 30, 2024.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for
contingent and emergent requirements (at a unit cost of not
more than $700,000) and repairs and service-life replacements,
not to exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law 97-
377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,700,478,000, of which $530,000,000 shall be for
defense-related activities; of which $24,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain
available until September 30, 2025; of which $24,359,000 shall
remain available until September 30, 2027, for environmental
compliance and restoration; and of which $70,000,000 shall
remain available until September 30, 2024, which shall only be
available for vessel depot level maintenance: Provided, That
not to exceed $23,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), and vessels and
aircraft, including equipment related thereto, $1,669,650,000,
to remain available until September 30, 2027; of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $7,476,000, to remain
available until September 30, 2025, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title 37,
United States Code, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $2,044,414,000, to remain available until
expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use; hire of passenger motor
vehicles; purchase of motorcycles made in the United States;
hire of aircraft; rental of buildings in the District of
Columbia; fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or
control, as may be necessary to perform protective functions;
conduct of and participation in firearms matches; presentation
of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform
protective functions; and payment, without regard to section
5702 of title 5, United States Code, of subsistence expenses of
employees who are on protective missions, whether at or away
from their duty stations; $2,734,267,000; of which $52,296,000
shall remain available until September 30, 2024, and of which
$6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children; and of which
up to $20,500,000 may be for calendar year 2022 premium pay in
excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for Protective
Services Act of 2016 (5 U.S.C. 5547 note), as last amended by
Public Law 116-269: Provided, That not to exceed $19,125 shall
be for official reception and representation expenses: Provided
further, That not to exceed $100,000 shall be to provide
technical assistance and equipment to foreign law enforcement
organizations in criminal investigations within the
jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $83,888,000,
to remain available until September 30, 2025.
research and development
For necessary expenses of the United States Secret Service
for research and development, $4,025,000, to remain available
until September 30, 2024.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141),
related to overtime compensation limitations, shall apply with
respect to funds made available in this Act in the same manner
as such section applied to funds made available in that Act,
except that ``fiscal year 2023'' shall be substituted for
``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for customs
expenses when necessary to maintain operations and prevent
adverse personnel actions in Puerto Rico and the U.S. Virgin
Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to section
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until
expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2023 from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)),
section 10412 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-125), or
other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000
shall be credited to this appropriation, to remain available
until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law,
none of the funds provided in this or any other Act shall be
used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46, United
States Code, for the transportation of crude oil distributed
from and to the Strategic Petroleum Reserve until the Secretary
of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and
representatives from the United States flag maritime industry,
takes adequate measures to ensure the use of United States flag
vessels.
(b) The Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code,
with respect to such transportation, and the disposition of
such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new
border crossing fee on individuals crossing the
Southern border or the Northern border at a land port
of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
Sec. 208. (a) Not later than 90 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit an expenditure plan for any
amounts made available for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations of
the Senate and the House of Representatives.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in
certain areas, shall apply with respect to funds made available
in this Act in the same manner as such section applied to funds
made available in that Act.
Sec. 210. (a) Funds made available in this Act may be used to
alter operations within the National Targeting Center of U.S.
Customs and Border Protection.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2023, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the components funded by
this Act, may be used to reduce anticipated or planned vetting
operations at existing locations unless specifically authorized
by a statute enacted after the date of enactment of this Act.
Sec. 211. (a) Of the amounts transferred from ``U.S. Customs
and Border Protection--Operations and Support'' to ``Federal
Emergency Management Agency--Federal Assistance'' in this Act,
up to $785,000,000 may be made available for the emergency food
and shelter program under title II of the McKinney Vento
Homeless Assistance Act (42 U.S.C. 11331) for the purposes of
providing shelter and other services to families and
individuals encountered by the Department of Homeland Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up
to $50,000,000 of any amounts made available to the emergency
food and shelter program under subsection (a) may be used for
the construction and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made
available for the purposes described in subsection (b) may be
awarded to the Emergency Food and Shelter Program National
Board up to 6 months after the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act,
funds made available under subsection (b) may be disbursed by
the Emergency Food and Shelter Program National Board up to 24
months after the date on which such funds become available.
(e) Amounts made available under subsection (a) may be
available for the reimbursement of costs incurred after June
30, 2022.
(f) The real property disposition requirements at 2 CFR
200.311(c) shall not apply to grants funded by the amounts
transferred from ``U.S. Customs and Border Protection--
Operations and Support'' to ``Federal Emergency Management
Agency--Federal Assistance'' in this Act.
Sec. 212. Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $581,558,000 shall be available only as
follows:
(1) $230,277,000 for the acquisition and deployment
of border security technologies;
(2) $126,047,000 for trade and travel assets and
infrastructure;
(3) $99,900,000 for facility construction and
improvements;
(4) $92,661,000 for integrated operations assets and
infrastructure; and
(5) $32,673,000 for mission support and
infrastructure.
Sec. 213. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any
subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a)
shall be conducted by the U.S. Immigration and Customs
Enforcement Office of Professional Responsibility.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 216. The reports required to be submitted under section
216 of the Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116-260) shall continue to be
submitted semimonthly and each matter required to be included
in such reports by such section 216 shall apply in the same
manner and to the same extent during the period described in
such section 216.
Sec. 217. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116-93) shall apply to this Act.
Sec. 218. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 219. Any award by the Transportation Security
Administration to deploy explosives detection systems shall be
based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 220. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2023, any funds in the Aviation
Security Capital Fund established by section 44923(h) of title
49, United States Code, may be used for the procurement and
installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of
funding projects described in section 44923(a) of such title.
Sec. 221. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on
Appropriations and Homeland Security in the House of
Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required
by section 1611 of title XVI of the Homeland Security
Act of 2002, as amended by section 3 of the
Transportation Security Acquisition Reform Act (Public
Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 222. Section 225 of division A of Public Law 116-6 (49
U.S.C. 44901 note), relating to a pilot program for screening
outside of an existing primary passenger terminal screening
area, is amended in subsection (e) by striking ``2023'' and
inserting ``2025''.
Sec. 223. (a) None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support'' shall
be for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to the
appropriation made available by this Act under the heading
``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section 12114,
and there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in
accordance with the notification requirement described in
subsection (b) of such section, up to the following amounts may
be reprogrammed within ``Coast Guard--Operations and
Support''--
(1) $10,000,000 to or from the ``Military Personnel''
funding category; and
(2) $10,000,000 between the ``Field Operations''
funding subcategories.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
future-years capital investment plan as described in the second
proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland
Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth
provisos under such heading.
Sec. 226. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and
Support'', up to $190,000,000 that are used for enduring
overseas missions in support of the global fight against
terrorism may be reallocated by program, project, and activity,
notwithstanding section 503 of this Act.
Sec. 227. None of the funds in this Act shall be used to
reduce the Coast Guard's legacy Operations Systems Center
mission or its government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may be
used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A-76 for
activities performed with respect to the Coast Guard National
Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2023 shall be available until expended to
carry out the purposes of section 2946 of title 14, United
States Code, and shall be in addition to funds otherwise
available for such purposes.
Sec. 231. (a) Notwithstanding section 2110 of title 46,
United States Code, none of the funds made available in this
Act shall be used to charge a fee for an inspection of a towing
vessel, as defined in 46 CFR 136.110, that utilizes the Towing
Safety Management System option for a Certificate of Inspection
issued under subchapter M of title 46, Code of Federal
Regulations.
(b) Subsection (a) shall not apply after the date the
Commandant of the Coast Guard makes a determination under
section 815(a) of the Frank LoBiondo Coast Guard Authorization
Act of 2018 (Public Law 115-282) and, as necessary based on
such determination, carries out the requirements of section
815(b) of such Act.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States
Code, for personnel receiving training sponsored by the James
J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available under the heading ``United States Secret
Service--Operations and Support'' at the end of the fiscal
year.
Sec. 233. (a) None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may
enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 235. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 236. Of the amounts made available by this Act under
the heading ``United States Secret Service--Operations and
Support'', $23,000,000, to remain available until expended,
shall be distributed as a grant or cooperative agreement for
existing National Computer Forensics Institute facilities
currently used by the United States Secret Service to carry out
activities under section 383 of title 6, United States Code, of
which not to exceed 5 percent, or the applicable negotiated
rate, shall be for the administrative costs of the Department
of Homeland Security in carrying out this section.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$2,350,559,000, of which $36,293,000 shall remain available
until September 30, 2024: Provided, That not to exceed $5,500
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $549,148,000, of which $522,048,000 shall
remain available until September 30, 2025, and of which
$27,100,000 shall remain available until September 30, 2027.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$7,431,000, to remain available until September 30, 2024.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,379,680,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$207,730,000, of which $130,425,000 shall remain available
until September 30, 2025, and of which $77,305,000 shall remain
available until September 30, 2027.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,882,014,000, which shall
be allocated as follows:
(1) $520,000,000 for the State Homeland Security
Grant Program under section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden and
$15,000,000 shall be for Tribal Homeland Security
Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year
2023, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this
paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) $615,000,000 for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant
Program under sections 2003 and 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605), of which
$152,500,000 is for eligible recipients located in
high-risk urban areas that receive funding under
section 2003 of such Act and $152,500,000 is for
eligible recipients that are located outside such
areas: Provided, That eligible recipients are those
described in section 2009(b) of such Act (6 U.S.C.
609a(b)) or are an otherwise eligible recipient at risk
of a terrorist or other extremist attack.
(4) $105,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-
Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and
1182), of which $10,000,000 shall be for Amtrak
security and $2,000,000 shall be for Over-the-Road Bus
Security: Provided, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(5) $100,000,000 for Port Security Grants in
accordance with section 70107 of title 46, United
States Code.
(6) $720,000,000, to remain available until September
30, 2024, of which $360,000,000 shall be for Assistance
to Firefighter Grants and $360,000,000 shall be for
Staffing for Adequate Fire and Emergency Response
Grants under sections 33 and 34 respectively of the
Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.).
(8) $312,750,000 for necessary expenses for Flood
Hazard Mapping and Risk Analysis, in addition to and to
supplement any other sums appropriated under the
National Flood Insurance Fund, and such additional sums
as may be provided by States or other political
subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(9) $12,000,000 for Regional Catastrophic
Preparedness Grants.
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available
until September 30, 2024: Provided, That not to exceed
3.5 percent shall be for total administrative costs.
(11) $56,000,000 for the Next Generation Warning
System.
(12) $335,145,000 for Community Project Funding and
Congressionally Directed Spending grants, which shall
be for the purposes, and the amounts, specified in the
table entitled ``Community Project Funding/
Congressionally Directed Spending'' under this heading
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act), of which--
(A) $86,140,285, in addition to amounts
otherwise made available for such purpose, is
for emergency operations center grants under
section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5196c);
(B) $233,043,782, in addition to amounts
otherwise made available for such purpose, is
for pre-disaster mitigation grants under
section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5133(e), notwithstanding subsections (f), (g),
and (l) of that section (42 U.S.C. 5133(f),
(g), (l)); and
(C) $15,960,933 is for management and
administration costs of recipients.
(13) $316,119,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), $19,945,000,000, to remain available until expended,
shall be for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being
for disaster relief pursuant to a concurrent resolution on the
budget in the Senate and section 1(f) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June
8, 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of
1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat.
916), and the Homeowner Flood Insurance Affordability Act of
2014 (Public Law 113-89; 128 Stat. 1020), $225,000,000, to
remain available until September 30, 2024, which shall be
derived from offsetting amounts collected under section 1308(d)
of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $18,500,000 shall be available for mission
support associated with flood management; and of which
$206,500,000 shall be available for flood plain management and
flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2023, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $223,770,000 for operating expenses and salaries
and expenses associated with flood insurance
operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such
Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e)), shall be deposited in the National Flood
Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance Act
of 1968, notwithstanding section 102(f)(8), section 1366(e) of
the National Flood Insurance Act of 1968, and paragraphs (1)
through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the
total appropriation: Provided further, That up to $5,000,000 is
available to carry out section 24 of the Homeowner Flood
Insurance Affordability Act of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' may be made available for the necessary expenses
of procuring or providing access to cybersecurity threat feeds
for branches, agencies, independent agencies, corporations,
establishments, and instrumentalities of the Federal Government
of the United States, state, local, tribal, and territorial
entities, fusion centers as described in section 210A of the
Homeland Security Act (6 U.S.C. 124h), and Information and
Analysis Organizations.
Sec. 302. (a) The Director of the Cybersecurity and
Infrastructure Security Agency (or the Director's designee)
shall provide the briefings to the Committees on Appropriations
of the Senate and the House of Representatives described under
the heading ``Quarterly Budget and Staffing Briefings'' in the
explanatory statement for division F of Public Law 117-103
described in section 4 in the matter preceding division A of
such Public Law--
(1) with respect to the first quarter of fiscal year
2023, not later than the later of 30 days after the
date of enactment of this Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in
fiscal year 2023, not later than 21 days after the end
of each such quarter.
(b) In the event that any such briefing required during this
fiscal year under subsection (a) is not provided, the amount
made available in title III to the Cybersecurity and
Infrastructure Security Agency under the heading ``Operations
and Support'' shall be reduced by $50,000 for each day of
noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed
funding table in the explanatory statement for this division
described in section 4 (in the matter preceding division A of
this consolidated Act) for Management and Business Activities
shall be correspondingly reduced by an equivalent amount.
Sec. 303. (a) Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (5) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the recipient for expenses directly related to
administration of the grant.
(b) The authority provided in subsection (a) shall also apply
to a state recipient for the administration of a grant under
such paragraph (3).
Sec. 304. Notwithstanding section 2004(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of
``total funds appropriated for grants under this section and
section 2003'' in each place that it appears shall not include
any funds provided for the Nonprofit Security Grant Program in
paragraph (3) under the heading ``Federal Emergency Management
Agency--Federal Assistance'' in this Act.
Sec. 305. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (5), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of
an application.
Sec. 306. (a) Under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for grants under
paragraphs (1) through (5) and (9), the Administrator of the
Federal Emergency Management Agency shall brief the Committees
on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing
publicly the intention of making an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing, $1,000,000
of amounts appropriated by this Act for ``Federal Emergency
Management Agency--Operations and Support'' shall be rescinded.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 308. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), related to
reporting on the Disaster Relief Fund, shall be applied in
fiscal year 2023 with respect to budget year 2024 and current
fiscal year 2023, respectively--
(1) in paragraph (1) by substituting ``fiscal year
2024'' for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 309. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for Staffing
for Adequate Fire and Emergency Response grants, the
Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A),
(a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
Sec. 310. (a) The aggregate charges assessed during fiscal
year 2023, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year.
(b) The methodology for assessment and collection of fees
shall be fair and equitable and shall reflect costs of
providing such services, including administrative costs of
collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will
become available for authorized purposes on October 1, 2023,
and remain available until expended.
Sec. 311. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Assistance to Firefighter Grants, the Administrator of the
Federal Emergency Management Agency may waive subsection (k) of
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support, including for the E-Verify
Program and for the Refugee and International Operations
Programs, $242,981,000: Provided, That such amounts shall be in
addition to any other amounts made available for such purposes,
and shall not be construed to require any reduction of any fee
described in section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)): Provided further, That not to exceed
$5,000 shall be for official reception and representation
expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $25,000,000, to remain available
until September 30, 2024.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use and
hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, $354,552,000, of
which $66,665,000 shall remain available until September 30,
2024: Provided, That not to exceed $7,180 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $51,995,000, to remain available until September
30, 2027, for acquisition of necessary additional real property
and facilities, construction and ongoing maintenance, facility
improvements and related expenses of the Federal Law
Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the purchase
or lease of not to exceed 5 vehicles, $384,107,000, of which
$219,897,000 shall remain available until September 30, 2024:
Provided, That not to exceed $10,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology
Directorate for procurement, construction, and improvements,
$55,216,000, to remain available until September 30, 2027.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $461,218,000, to
remain available until September 30, 2025.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000, of
which $50,446,000 shall remain available until September 30,
2024: Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $75,204,000, to remain available until September
30, 2025.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,615,000,
to remain available until September 30, 2025.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$139,183,000, to remain available until September 30, 2025.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services
may authorize employees who are assigned to those areas to use
such vehicles to travel between the employees' residences and
places of employment.
Sec. 402. None of the funds appropriated by this Act may be
used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and
Immigration Services may be used for the collection and use of
biometrics taken at a U.S. Citizenship and Immigration Services
Application Support Center that is overseen virtually by U.S.
Citizenship and Immigration Services personnel using
appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating in
training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law
enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal
law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ``Procurement,
Construction, and Improvements'' account from Government
agencies requesting the construction of special use facilities,
as authorized by the Economy Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal Activities
Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation
accounts for such activities established pursuant to this Act,
may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or
activity, or increases funds for any program, project,
or activity for which funds have been denied or
restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees
in the President's budget proposal for fiscal year 2023
for the Department of Homeland Security;
(3) augments funding for existing programs, projects,
or activities in excess of $5,000,000 or 10 percent,
whichever is less;
(4) reduces funding for any program, project, or
activity, or numbers of personnel, by 10 percent or
more; or
(5) results from any general savings from a reduction
in personnel that would result in a change in funding
levels for programs, projects, or activities as
approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by such
transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection
of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain available
for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the
Department of Homeland Security: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives at least 5 days in advance of such
transfer.
Sec. 504. (a) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available
in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of
the Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2023, as recorded in the
financial records at the time of a reprogramming notification,
but not later than June 30, 2024, from appropriations for
``Operations and Support'' for fiscal year 2023 in this Act
shall remain available through September 30, 2024, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives in accordance with
section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations
and Support'' that exceed the amounts in such authorization for
such account shall be transferred to and merged with amounts
made available under the heading ``Management Directorate--
Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the
Committees on Appropriations of the Senate and the House of
Representatives on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue
a letter of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or
award items under paragraph (1), (2), (3), or (4),
including a contract covered by the Federal Acquisition
Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal
year for which the funds for the award were
appropriated; the type of contract; and the account
from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. No Federal funds may be available to pay the
salary of any employee serving as a contracting officer's
representative, or anyone acting in a similar capacity, who has
not received contracting officer's representative training.
Sec. 511. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to
funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
Sec. 512. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of
the Buy American Act.
(b) For purposes of subsection (a), the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless
explicitly authorized by the Congress.
Sec. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 516. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local
law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication
activities.
Sec. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of
subtitle I of title 41, United States Code, or chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
Sec. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual
is an agent of a drug cartel unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 523. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at a
single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United States
Government and of foreign governments, international
organizations, or nongovernmental organizations.
(c) The total cost to the Department of Homeland Security of
any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without
travel away from their permanent duty station within the United
States shall not be counted for purposes of this section, and
the prohibition contained in this section shall not apply to
payments for the costs of attendance for such employees.
Sec. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 525. (a) None of the funds made available to the
Department of Homeland Security by this or any other Act may be
obligated for the implementation of any structural pay reform
or the introduction of any new position classification that
will affect more than 100 full-time positions or costs more
than $5,000,000 in a single year before the end of the 30-day
period beginning on the date on which the Secretary of Homeland
Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by
such change;
(2) funding required for such change for the current
fiscal year and through the Future Years Homeland
Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were
considered by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget
proposal for the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly
denied or restricted in this Act.
Sec. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the
public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate and
the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
homeland or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 528. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling
of dependents shall continue in effect during fiscal year 2023.
Sec. 529. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility
operated by or for the Department of Homeland Security used to
detain or otherwise house aliens, or to make any temporary
modification at any such facility that in any way alters what
is observed by a visiting Member of Congress or such designated
employee, compared to what would be observed in the absence of
such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated
by such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose of
conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that a
request be made at least 24 hours in advance of an intent to
enter a facility described in subsection (a).
Sec. 530. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'', $3,000,000,
to remain available until September 30, 2024, exclusively for
providing reimbursement of extraordinary law enforcement or
other emergency personnel costs for protection activities
directly and demonstrably associated with any residence of the
President that is designated or identified to be secured by the
United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts
made available by subsection (a) of this section by
substituting ``October 1, 2023'' for ``October 1, 2018'' and
``October 1, 2022'' for ``October 1, 2017''.
Sec. 531. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant or
in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if--
(1) an appropriate official of the Department of
Homeland Security makes an individualized determination
that the woman--
(A) is a serious flight risk, and such risk
cannot be prevented by other means; or
(B) poses an immediate and serious threat to
harm herself or others that cannot be prevented
by other means; or
(2) a medical professional responsible for the care
of the pregnant woman determines that the use of
therapeutic restraints is appropriate for the medical
safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as
determined by the appropriate medical professional treating the
woman, may be used. In no case may restraints be used on a
woman who is in active labor or delivery, and in no case may a
pregnant woman be restrained in a face-down position with four-
point restraints, on her back, or in a restraint belt that
constricts the area of the pregnancy. A pregnant woman who is
immobilized by restraints shall be positioned, to the maximum
extent feasible, on her left side.
Sec. 532. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other record
pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated
against, or
(3) allegation of abuse, criminal activity, or
disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations,
and Federal rules governing disclosure in litigation, to an
individual who has been charged with a crime, been placed into
segregation, or otherwise punished as a result of an allegation
described in paragraph (3), upon the request of such
individual.
Sec. 533. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to
any Federal funds in the same manner as such section applied to
funds made available in that Act.
Sec. 534. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105(a) of title 31, United States
Code, the Under Secretary for Management of Homeland Security
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a report on the unfunded
priorities, for the Department of Homeland Security and
separately for each departmental component, for which
discretionary funding would be classified as budget function
050.
(b) Each report under this section shall specify, for each
such unfunded priority--
(1) a summary description, including the objectives
to be achieved if such priority is funded (whether in
whole or in part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole
or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the
case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in
subsection (a);
(2) is necessary to fulfill a requirement associated
with an operational or contingency plan for the
Department; and
(3) would have been recommended for funding through
the budget referred to in subsection (a) if--
(A) additional resources had been available
for the budget to fund the requirement;
(B) the requirement has emerged since the
budget was formulated; or
(C) the requirement is necessary to sustain
prior-year investments.
Sec. 535. (a) Not later than 10 days after a determination is
made by the President to evaluate and initiate protection under
any authority for a former or retired Government official or
employee, or for an individual who, during the duration of the
directed protection, will become a former or retired Government
official or employee (referred to in this section as a
``covered individual''), the Secretary of Homeland Security
shall submit a notification to congressional leadership and the
Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives (referred to in this section as the
``appropriate congressional committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of
Investigation, as appropriate, and shall include the threat
assessment, scope of the protection, and the anticipated cost
and duration of such protection.
(c) Not later than 15 days before extending, or 30 days
before terminating, protection for a covered individual, the
Secretary of Homeland Security shall submit a notification
regarding the extension or termination and any change to the
threat assessment to the congressional leadership and the
appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall submit
a report to the congressional leadership and the appropriate
congressional committees, which may be submitted in classified
form, if necessary, detailing each covered individual, and the
scope and associated cost of protection.
Sec. 536. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an
agency to submit an initial project proposal to the Technology
Modernization Fund (as authorized by section 1078 of subtitle G
of title X of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91)) unless, concurrent with the
submission of an initial project proposal to the Technology
Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the
Senate and the House of Representatives of the proposed
submission of the project proposal;
(2) submits to the Committees on Appropriations a
copy of the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding
requested as part of the Department's most recent
budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be
available for obligation until 15 days after a report on such
funds has been transmitted to the Committees on Appropriations
of the Senate and the House of Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and
approved by the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's
deliverables and repayment terms, as applicable;
(3) a detailed analysis of how the project will
supplement or supplant existing funding available to
the Department for similar activities;
(4) a plan for how the Department will repay the
Fund, including specific planned funding sources, as
applicable; and
(5) other information as determined by the Secretary.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that
assumes revenues or proposes a reduction from the previous year
based on user fees proposals that have not been enacted into
law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget authority
commensurate with the revenues assumed in such proposals in the
event that they are not enacted prior to October 1, 2023.
Sec. 538. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 539. No Federal funds made available to the Department
of Homeland Security may be used to enter into a procurement
contract, memorandum of understanding, or cooperative agreement
with, or make a grant to, or provide a loan or guarantee to,
any entity identified under section 1260H of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283) or any subsidiary of such
entity.
Sec. 540. Section 205 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5135) is
amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A),
by adding ``and''; and
(iii) at the end of subparagraph (B),
by striking ``; and'' and inserting a
period;
(B) in paragraph (3)(D), by striking ``local
governments, insular areas, and Indian tribal
governments'' and inserting ``local governments
and Tribal governments''; and
(C) by striking paragraph (4); and
(2) in subsection (m)--
(A) by striking paragraph (3) and inserting
the following:
``(3) Eligible entity.--The term `eligible entity'
means a State or an Indian tribal government that has
received a major disaster declaration pursuant to
section 401.'';
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through
(9) as paragraphs (5) through (8),
respectively; and
(D) by redesignating paragraph (11) as
paragraph (9).
Sec. 541. For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations
Center grant under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c),
in addition to amounts otherwise available, for the project
identified as the ``Vermilion Safe Room'' in the table entitled
``Homeland Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' under the heading
``Federal Emergency Management Agency--Federal Assistance'' in
the explanatory statement described in section 4 in the matter
preceding division A of Public Law 117-103.
Sec. 542. The contents in the ``Senate'' sub column of the
``Requestor(s)'' column for the project identified as the
``Emergency Operations Center'' for the recipient ``Baker
County Sheriff's Office'' in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' under the
heading ``Disclosure of Earmarks and Congressionally Directed
Spending Items'' in the explanatory statement described in
section 4 in the matter preceding division A of Public Law 117-
103 are deemed to be amended by striking ``Wyden'' and
inserting ``Merkley, Wyden''.
Sec. 543. Subsection (c) of section 16005 of title VI of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) shall be applied as if the
language read as follows: ``Subsection (a) shall apply until
September 30, 2023.''.
Sec. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 545. (a) The Secretary of Homeland Security (in this
section referred to as the ``Secretary'') shall, on a bimonthly
basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of noncitizens anticipated
to arrive at the southwest border of the United States.
(b) The Secretary shall ensure that, at a minimum, the
estimates developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following
fiscal year;
(2) include a breakout by demographics, to include
single adults, family units, and unaccompanied
children;
(3) undergo an independent validation and
verification review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security;
and
(5) are included in the budget materials submitted to
Congress in support of the President's annual budget
request pursuant to section 1105 of title 31, United
States Code, for each fiscal year beginning after the
date of enactment of this Act and, for such budget
materials shall include--
(A) the most recent bimonthly estimates
developed pursuant to subsection (a);
(B) a description and quantification of the
estimates used to justify funding requests for
Department programs related to border security,
immigration enforcement, and immigration
services;
(C) a description and quantification of the
anticipated workload and requirements resulting
from such estimates; and
(D) a confirmation as to whether the budget
requests for impacted agencies were developed
using the same estimates.
(c) The Secretary shall share the bimonthly estimates
developed pursuant to subsection (a) with the Secretary of
Health and Human Services, the Attorney General, the Secretary
of State, and the Committees on Appropriations of the Senate
and the House of Representatives.
Sec. 546. (a) For an additional amount for the accounts, in
the amounts, and for the purposes specified, in addition to
amounts otherwise made available for such purposes--
(1) ``U.S. Customs and Border Protection--Operations
and Support'', $1,563,143,000 for border management
requirements of the U.S. Customs and Border Protection;
and
(2) ``U.S. Immigration and Customs Enforcement--
Operations and Support'', $339,658,000 for non-
detention border management requirements.
(b) None of the funds provided in subsection (a)(1) shall be
used--
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by
U.S. Customs and Border Protection, Air and Marine
Operations, except for internal transportation of
noncitizens; or
(3) to acquire, maintain, or extend border security
technology and capabilities, except for technology and
capabilities to improve Border Patrol processing.
(c) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management shall provide an
expenditure plan for the use of the funds made available in
subsection (a).
(d) The plan required in subsection (c) shall be updated to
reflect changes and expenditures and submitted to the
Committees on Appropriations of the Senate and the House of
Representatives every 60 days until all funds are expended or
expired.
Sec. 547. Section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)) shall be applied by substituting
``September 30, 2023'' for ``the date that is 4 years after the
date of enactment of this section''.
(rescissions of funds)
Sec. 548. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985:
(1) $139,928,000 from the unobligated balances
available under the heading ``U.S. Customs and Border
Protection--Procurement, Construction, and
Improvements''.
(2) $12,207 from the unobligated balances available
in the ``Transportation Security Administration--
Transportation Security Support'' account (70 X 0554).
(3) $32,750,000 from the unobligated balances
available in the ``U.S. Citizenship and Immigration
Services--Operations and Support'' account (70 22/23
0300).
(4) $187,278 from the unobligated balances available
in the ``U.S. Citizenship and Immigration Services--
Operations and Support'' account (70 X 0300).
(5) $65,165 from the unobligated balances available
in the ``Federal Emergency Management Agency--State and
Local Programs'' account (70 X 0560).
(6) $50,880 from the unobligated balances available
in the ``Information Analysis and Infrastructure
Protection--Operating Expenses'' account (70 X 0900).
(7) $113,000,000 from the unobligated balances
available under the heading ``Management Directorate--
Procurement, Construction, and Improvements''.
(8) $42,730,000 from Public Law 116-93 under the
heading ``Coast Guard--Procurement, Construction, and
Improvements''.
(9) $19,000,000 from Public Law 116-6 under the
heading ``Coast Guard--Procurement, Construction, and
Improvements''.
Sec. 549. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2022
(Public Law 117-103) are rescinded:
(1) $23,858,130 from ``Office of the Secretary and
Executive Management--Operations and Support''.
(2) $604,580 from ``Management Directorate--
Operations and Support''.
(3) $636,170 from ``Intelligence, Analysis, and
Operations Coordination--Operations and Support''.
(4) $338,830 from ``U.S. Customs and Border
Protection--Operations and Support''.
(5) $8,972,900 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(6) $6,332,670 from ``United States Secret Service--
Operations and Support''.
(7) $1,250,420 from ``Cybersecurity and
Infrastructure Security Agency--Operations and
Support''.
(8) $10,899 from ``Federal Emergency Management
Agency--Operations and Support''.
(9) $3,208,190 from ``U.S. Citizenship and
Immigration Services--Operations and Support''.
(10) $459,790 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(11) $141,630 from ``Science and Technology
Directorate--Operations and Support''.
(12) $350,450 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division F contained in the Explanatory Statement regarding
H.R. 2617, the Consolidated Appropriations Act, 2023.\1\]
---------------------------------------------------------------------------
\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on
December 20, 2022 by Mr. Leahy of Vermont, Chairman of the Senate
Committee on Appropriations. The statement appears on page S8553 of
Book II.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2023
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2023. Funding provided in this agreement
sustains existing programs that protect the nation from all
manner of threats and ensures DHS's ability to improve
preparedness at the federal, state, local, tribal, and
territorial levels; prevent and respond to terrorist attacks;
and hire, train, and equip DHS frontline personnel protecting
the country.
The joint explanatory statement (JES) accompanying this
division indicates congressional intent. Unless otherwise
specifically noted in this JES, directives set forth in House
Report 117-396 carry the same weight as those included in the
JES. While some directives from the House report may be
repeated in the JES for emphasis, this should not be
interpreted as establishing other directives from the House
report as lesser priorities.
References in the JES to ``the Committees'' or ``the
Committees on Appropriations'' should be interpreted as both
the House Appropriations Subcommittee on Homeland Security and
the Senate Appropriations Subcommittee on Homeland Security.
This JES refers to certain entities, persons, funds, and
documents as follows: the Department of Homeland Security is
referenced as DHS or the Department; the Government
Accountability Office is referenced as GAO; and the Office of
Inspector General of the Department of Homeland Security is
referenced as OIG. In addition, ``full-time equivalents'' are
referred to as FTE; ``full-time positions'' are referenced as
FTP; ``Information Technology'' is referred to as IT;
``program, project, and activity'' is referred to as PPA; any
reference to ``the Secretary'' should be interpreted to mean
the Secretary of Homeland Security; ``component'' should be
interpreted to mean an agency, administration, or directorate
within DHS; any reference to SLTT should be interpreted to mean
state, local, tribal, and territorial governments; and ``budget
request'' or ``the request'' should be interpreted to mean the
budget of the U.S. Government for fiscal year 2023 that was
submitted to Congress on March 28, 2022.
TITLE I--DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS,
AND OVERSIGHT
Office of the Secretary and Executive Management
OPERATIONS AND SUPPORT
The agreement includes an increase of $45,566,000 above the
budget request, including program increases above the request
of $365,000 for the Office of Legislative Affairs (OLA);
$10,414,000 for the Office of Strategy, Policy, and Plans;
$22,266,000 for the Office of Health Security; $7,157,000 for
the Office for Civil Rights and Civil Liberties (CRCL);
$7,311,000 for the Office of the Immigration Detention
Ombudsman (OIDO); and $2,256,000 for the Office of Partnership
and Engagement (OPE). Within the total amount provided,
$18,862,000 is made available for two fiscal years, including
$14,862,000 for the Office of Health Security and $4,000,000
for OIDO. The bill does not provide the requested transfer of
the Office for Faith-Based and Neighborhood Partnerships into
OPE from the Federal Emergency Management Agency and does not
include the requested transfer of the Blue Campaign out of OPE
to U.S. Immigration and Customs Enforcement (ICE).
Management and Oversight
Caseloads and Staffing.--Within 90 days of the date of
enactment of this Act, the Office of General Counsel (OGC)
shall brief the Committees on the current average caseload per
attorney, along with staffing levels, goals, and requirements
by division.
Joint Requirements Council (JRC).--The Office of the
Secretary is directed to continue to provide quarterly
briefings on the JRC, which shall include--at a minimum--the
identification of specific accomplishments for the preceding
quarter, particularly those that have resulted in resource
realignment.
Management Directive 0810.1.--Division F of the explanatory
statement accompanying Public Law 117-103 directed the
Secretary to review Management Directive 0810.1 to ensure the
Department has clearly delineated roles and responsibilities
for each of its oversight bodies, while also preserving the
independence and authorities of the DHS Office of the Inspector
General (OIG); to brief the Committees not later than 90 days
after the date of enactment of that Act on the interim findings
of the review; and to issue a revised directive, as warranted
by the review, not later than 180 days after the date of
enactment of this Act. The Department is directed to
immediately comply with the overdue requirements of this
directive.
Office of Strategy, Policy, and Plans
Advance Requests for Protection.--Within 180 days of the
date of enactment of this Act, the Office of Strategy, Policy,
and Plans (OSPP), in consultation with the State Department,
shall submit to the Committees an assessment of the United for
Ukraine program and the factors to be considered in any effort
to apply related methods more broadly.
Biometric Exit.--Not later than 30 days after the date of
enactment of this Act, the OSPP is directed to provide an
expenditure plan for H-1B and L-1 fee revenue and any other
resources to be applied to biometric exit implementation. Not
later than 180 days after the date of enactment of this Act,
OSPP shall brief the Committees on its ongoing efforts to
address entry and exit data collection and exchange in the air,
land, and sea border environments.
Border-Related Data and Transparency.--Within 30 days of
the date of enactment of this Act and quarterly thereafter, the
Department, in consultation with other appropriate federal
officials, shall submit to the Committees sector level, monthly
apprehension data and estimates of the numbers of ``turn
backs'' and ``got aways,'' as defined by section 223 of title
6, United States Code. In addition, CBP is directed to ensure a
review by third party statistical experts on the current
process, assumptions, and formulas used to derive ``got away''
estimates and any proposed changes to improve them, including
any proposed changes to statutory definitions. CBP shall
provide the Committees with the findings and recommendations
from the review, including a description of any steps the
agency plans to take based on them.
Charging Document Backlog.--Within 30 days of the date of
enactment of this Act, OSPP shall provide to the Committees a
plan to avoid the release of noncitizens into the interior of
the United States without valid charging documents, as well as
a plan to decrease the ICE backlog for issuing charging
documents, which shall include any necessary resource
requirements.
Detention Report.--The Department is reminded of the
reporting requirement pursuant to section 1386(b) of title 8,
United States Code, which should be submitted to the Committees
on the Judiciary and Appropriations of the Senate and House of
Representatives not later than 180 days after the date of
enactment of this Act.
Family Separation-Extended Families.--The Department shall
continue to follow the directives under this subject heading in
the explanatory statement accompanying the fiscal year 2022 Act
(Public Law 117-103) according to the previously directed
timeframes, reporting requirements and other required actions.
Family Separation and Reunification.--The Department shall
continue to follow the directives under this subject heading in
the explanatory statement accompanying the fiscal year 2022 Act
(Public Law 117-103) according to the previously directed
timeframes, reporting requirements and other required actions.
Human Trafficking and Child Exploitation.--OSPP is directed
to brief the Committees semiannually on department-wide efforts
to combat human trafficking and child exploitation and to
continue to provide the study required in the Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-
457).
Informational Report on Departmental Inspections.--Within
180 days of the date of enactment of this Act, OSPP is directed
to produce a report that examines and summarizes the roles,
responsibilities, and scope of work of all departmental
entities that engage in detention oversight, including within
components. The report shall include all Memoranda of
Understanding currently in place concerning the scope, roles,
and responsibilities related to detention oversight for all
departmental entities, including all relevant citations to each
entity's authority.
Law Enforcement Support.--Not later than 45 days after the
date of enactment of this Act, and quarterly thereafter, the
Secretary shall make available a report on a publicly
accessible website that includes data on requests to any law
enforcement component of the Department of Homeland Security
for law enforcement support in the form of personnel, aircraft,
or other assets. The Department is directed to continue to work
with the Committees on the format and content of the report as
described in the explanatory statement accompanying division F
of Public Law 117-103.
Messaging Impacts on Irregular Migration.--Within 60 days
of the date of enactment of this Act, OSPP shall brief the
Committees on its messaging efforts to discourage irregular
migration to the United States, including an assessment on the
efficacy of various messaging strategies and media.
Migration Analysis Center (MAC).--The agreement includes an
increase of $6,514,000 above the request for MAC, of which
$5,499,000 is to restore and annualize the cost of funding
provided in fiscal year 2022 to establish the MAC and
$1,015,000 is for an additional enhancement, including for
additional FTE. OSPP is directed to ensure that funding and
personnel resources for the MAC are clearly described in future
budget requests.
Office of Immigration Statistics (OIS).--The agreement
includes $3,900,000 above the request for OIS to address an
increasing workload and to establish a new Office of Homeland
Security Statistics (OHSS) that will operate as an independent
statistical unit. Not later than 120 days after the date of
enactment of this Act, the Department shall provide a briefing
to the Committees on an obligation plan for the OHSS and
anticipated milestones for independent reporting on the
Department's immigration activities and for its planned
expansion to other homeland security data domains. The briefing
shall also address the role of the DHS Statistical Official in
overseeing the Department's statistical reporting standards and
ensuring consistency in the Department's public reporting.
Parole Requests.--Division F of the explanatory statement
accompanying Public Law 117-103 directed the Department to
provide quarterly reports on the number of parole requests
received and granted, and for those granted, the rationale for
each grant and its duration. The reports shall delineate
requests received and granted by entity, including ICE, CBP,
and USCIS. The Department shall continue to work with the
Committees to begin providing all the required data in a
satisfactory and timely manner.
Records Management.--The Department is expected to maintain
records and respond to records requests according to the
requirements of section 552 of title 5, United States Code, for
information related to all detainees in the custody of the
Department, regardless of whether such detainees are housed in
a federal or non-federal detention facility. Records should
only be withheld from disclosure if the Department can
reasonably foresee that disclosure would harm an interest
protected by an exemption described in section 552(b) of title
5, United States Code, or is otherwise prohibited by law.
Small Unmanned Aerial Vehicles (sUAS).--Until national
security requirements for procuring sUAS are in place, no funds
in this Act shall be used to procure sUAS without a
certification of review of the industry alert and any
subsequent UAS guidance and the completion of a risk assessment
that considers the proposed use of foreign-made UAS. OSPP is
directed to continue to review domestically produced sUAS
alternatives and update guidance as appropriate.
Southwest Border Security and Preparedness.--On April 26,
2022, the Secretary issued a Department-wide plan to manage an
unprecedented number of noncitizens crossing the southwest
border while continuing to secure the border, including through
interdicting narcotics and other illicit goods. Within 120 days
of the date of enactment of this Act, OSPP is directed to
report on the status of implementing the plan, including
changes in processing, transportation, holding, and medical
services capacities. The report shall include a detailed
accounting of the funding supporting implementation of the plan
and a description of related partnerships with other federal
agencies, state and local governments, foreign governments, and
nongovernmental organizations providing services in support of
the plan.
Tribal Consultation.--Within 180 days of the date of
enactment of this Act, the Department shall consult and work
with Tribes to improve the mandatory base level training course
for Department personnel, including contractors, who regularly
interact with tribal members or are likely to encounter tribal
members at their duty station.
Women in Law Enforcement.--Within 90 days of the date of
enactment of this Act, OSPP shall brief the Committees on
efforts to recruit and retain women in law enforcement across
the Department. At a minimum, the briefing shall include an
overview of current efforts, by component, along with base
funding for such efforts; an assessment of the success of
current efforts, including the metrics used by fiscal year; and
the current percentage of women in law enforcement positions,
by component, including the percentage in executive and
supervisory positions. In addition, the briefing shall identify
planned recruitment and retention efforts by component for
fiscal years 2023 and 2024; any unmet funding requirements for
improving those efforts, by component and with comparisons to
similar efforts by other federal law enforcement agencies,
including the Department of Justice; and recommendations, by
component, for new or expanded programs or efforts.
Visa Overstays.--Consistent with section 1376 of title 8,
United States Code, the Department is directed to submit an
updated report outlining its comprehensive strategy for
overstay enforcement and deterrence not later than 180 days
after the date of enactment of this Act. The report shall
detail ongoing actions to identify aliens who have overstayed
their visas, including efforts to improve overstay reporting
capabilities; notify aliens in advance of their required
departure dates; track overstays for enforcement action; refuse
or revoke current and future visas and travel authorization;
and otherwise deter violations or take enforcement action.
Operations and Engagement
Blue Campaign.--The Department is directed to account for
and propose full direct funding for program operations in the
justification materials that accompany future budget
submissions. Any transfer of funds to the Center for Combatting
Human Trafficking from OSEM or any other account requires a
notification under section 503(c) of this Act.
External Communication--Within 90 days of the date of
enactment of this Act, the Department shall brief the
Committees on options for strengthening external communications
and engagement within OSEM, including communications and
information sharing with the Committees. The briefing shall
include an analysis of whether the current alignment of
external facing offices in OSEM creates stovepipes and hurdles
to clear communication related to the Department's operations.
The briefing shall include recommended options to consolidate
and realign external facing offices and assess how that will
support more comprehensive and accurate engagement and
communications.
Office of Civil Rights and Civil Liberties (CRCL).--The
agreement includes an increase of $7,157,000 above the request,
including an increase of $250,000 for management and
administration of the Alternatives to Detention (ATD) Case
Management Pilot Program (CMPP); $4,901,000 to restore and
annualize enhancements in the fiscal year 2022 funding Act for
ATD-CMPP administration ($750,000), Women, Peace, and Security
Act implementation ($580,000), and CRCL staffing ($3,571,000);
and $2,006,000 to restore proposed cuts related to contract
support that were not justified.
OIDO.--The agreement includes $7,311,000 above the request,
including $3,310,000 to restore an enhancement provided in
fiscal year 2022 and an additional enhancement of $4,000,000 to
help OIDO to continue expanding toward full operational
capacity. The additional funds are intended to support the
hiring of permanent OIDO staff, in addition to support
contracts.
Outreach to Tribes and Rural Areas.--The Office of
Partnership and Engagement is directed to brief the Committees
not later than 90 days after the date of enactment of this Act
on its outreach efforts to rural communities and tribes in
support of the homeland security mission.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $8,048,000 for the Office of Health
Security for the Medical Information Exchange. No funding was
proposed for this account.
FEDERAL ASSISTANCE
The agreement provides an increase of $15,000,000 above the
request for ATD-CMPP.
Management Directorate
OPERATIONS AND SUPPORT
The agreement includes an overall decrease of $10,265,000
below the request. It includes increases of $36,092,000 for
Automated Biometric Identification System (IDENT) sustainment
costs; $2,500,000 for the Program Analysis and Evaluation
Division to review models developed by DHS components and
$3,000,000 for the Cybersecurity and Diversity Fellowship
Program. It includes decreases of $44,000,000 for vehicles and
$2,788,000 for the Acquisition Data Analytics Platform Tool.
The agreement also provides technical adjustments requested by
the Department including moving $1,334,000 from the Management
Directorate to OSEM for updated working capital fund estimates;
$700,000 to OSEM for a suicide prevention initiative; and
$3,010,000 to FEMA for the DHS Volunteer Force. The agreement
does not include any resources related to third party medical
expenses in this account.
Budget Justifications.--The Department is expected to
provide complete justification materials for the fiscal year
2024 budget request, providing details for each office and
program, and clearly describing and accounting for current
services, transfers, adjustments to base, and program changes.
In addition to the detail described in Senate Report 116-125,
the justifications shall incorporate output from predictive
models used by DHS component agencies to identify likely
impacts to future requirements. For each relevant program area,
justifications shall clearly describe and quantify the
projections used to inform resource requests, indicate the
agencies impacted by the projections, and confirm whether the
budget requests for those agencies were developed using the
same assumptions. In addition, the Chief Financial Officer
(CFO) is directed to ensure that fiscal year 2024 budget
justification materials for classified and unclassified budgets
of all components are submitted concurrent with the President's
budget submission to the Congress.
Component Expenditure and Staffing Plans.--The Department
is directed to notify the Committees when significant, policy
related changes are made to expenditure plans. Any significant
new activity that has not been explicitly justified to the
Committees or for which funds have not been provided in
appropriations Acts requires the submission of a reprogramming
or transfer notification. The Department shall submit staffing
plans to the Committees on a quarterly basis and shall ensure
such plans are connected to activity-level details in the
budget justification materials.
Counter-Unmanned Aerial Systems (CUAS).--Within 60 days of
the date of enactment of this Act, the Department shall brief
the Committees on its estimated funding needs, including those
not addressed within the fiscal year 2023 budget request, for
fiscal years 2023 through 2024 to research, test, acquire, and
deploy CUAS capabilities.
Cybersecurity Professionals.--Not later than 60 days after
the date of enactment of this Act, the Office of the Chief
Human Capital Officer, in coordination with OCIO and the
Cybersecurity and Infrastructure Security Agency (CISA), shall
brief the Committees on the status of meeting the Department's
cybersecurity hiring goals and plans for developing
standardized metrics to ensure consistency in identifying
personnel skills and talents across the Department.
Domestic Supply Chain.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall provide a report to the Committees with
recommendations on how the Department may procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security. The report shall
include a status of the compliance of the Department with the
requirements under section 604 of title VI of division A of the
American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b).
Additionally, the report shall include an assessment of the
capacity of the Department to procure the following items from
domestic sources: personal protective equipment and other items
necessary to respond to a pandemic such as that caused by
COVID-19; body armor components intended to provide ballistic
protection for an individual; helmets that provide ballistic
protection and other head protection and components; and rain
gear, cold weather gear, and other environmental and flame
resistant clothing.
Financial Systems Modernization Transitions.--Within 30
days of the date of enactment of this Act, OCFO and OCIO,
together with the Coast Guard, are directed to brief the
Committees on the full extent of the delays in the Coast Guard
transition to a new financial management system and the extent
to which the causes of the delays have been remedied. In
addition, OFCO and OCIO are directed to brief the Committees on
lessons learned from all completed component transitions and
measures that are being taken to ensure that further
transitions are successful and cost effective, including
related costs. The CFO shall notify the Committees when
significant delays are projected to occur.
IDENT Sustainment Operations.--The agreement includes an
increase of $36,092,000 for the continued operation of IDENT
during fiscal year 2023 due to the mismanagement of the program
and the program's failure to achieve initial operating capacity
of the Homeland Advanced Recognition Technology System (HART)
on schedule.
Independent Evaluation of HART.--The Department is directed
to initiate an independent evaluation of HART in fiscal year
2023 by an entity outside of DHS that follows the National
Institute of Standards and Technology requirements for
independent verification and validation. Additionally, the
Department shall report to the Committees on the technology,
data collection mechanisms, and sharing agreements among DHS
immigration enforcement agencies, other federal, state, local,
and foreign law enforcement agencies, and fusion centers as
relates to the development of HART. The report shall provide
details on HART data compiling and a list of data sharing
agreements related to the source or recipient of data.
Office of Biometric Identity Management (OBIM) Semi-Annual
Briefings.--OBIM is directed to continue briefing the
Committees on a semiannual basis on its workload, service
levels, staffing, modernization efforts, and other operations.
Zero Trust Security Model.--The agreement directs the
Department to continue aggressively pursuing a zero-trust
security model, including through adopting capabilities that
allow mobile devices, remote workspaces, and other endpoints to
operate in a secureand protected manner.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $247,133,000 below the request.
Reductions to the request include $140,000,000 for a third
Joint Processing Center (JPC); $50,000,000 for climate change
projects; $28,000,000 for financial systems modernization;
$17,133,000 proposed for HART development and deployment; and
$12,000,000 for the Office of Intelligence and Analysis
building on the St. Elizabeths campus.
DHS Headquarters Consolidation.--Within 60 days of the date
of enactment of this Act, the Department shall brief the
Committees on an updated master plan for St. Elizabeths, to
include an updated Estimated Implementation Costs and Date of
Occupancy list and a detailed plan for the average number of
federal employees, by component, who are slated to work on-site
at the St. Elizabeths campus and the average number who will
telework. The plan should provide comparisons for each category
with the original master plan for St. Elizabeths and the
current numbers for each category.
HART Development and Deployment.--The agreement includes a
decrease of $17,133,000 from the request due to ongoing cost,
schedule, and performance challenges.
JPC.--Not later than 60 days after the date of enactment of
this Act, the Department shall brief the Committees on its
plans for JPCs.
FEDERAL PROTECTIVE SERVICE
Security Camera and Alarm Systems.--The agreement directs
FPS to work with the General Service Administration (GSA) to
implement the recommendations in the GSA Inspector General's
report on security camera and alarm systems at GSA-owned
buildings and to brief the Committees on an implementation plan
and schedule within 180 days of the date of enactment of this
Act.
Intelligence, Analysis, and Situational Awareness
OPERATIONS AND SUPPORT
The agreement provides $316,640,000, a reduction of
$24,519,000 below the request, of which $95,273,000 is
available until September 30, 2024.
Intelligence Data Environment for Analytics (IDEA).--The
agreement does not include the requested $24,519,000 for the
IDEA.
Annual Budget Justification Materials.--The fiscal year
2024 budget justification materials for the classified budget
shall include the same level of detail required for other
appropriations and PPAs.
Intelligence Expenditure Plan.--The Department's Chief
Intelligence Officer is directed to brief the Committees on the
fiscal year 2023 expenditure plan for the Office of
Intelligence and Analysis within 30 days of the date of
enactment of this Act. The plan shall include the following:
(1) fiscal year 2023 expenditures and staffing allotted for
each program as compared to fiscal years 2019 through 2022;
(2) all funded versus on-board positions, including FTE,
contractors, and reimbursable and non-reimbursable detailees;
(3) a plan for all programs and investments, including
dates or timeframes for achieving key milestones;
(4) allocations of funding within each PPA for individual
programs and a description of the desired outcomes for fiscal
year 2023; and
(5) items outlined in the classified annex accompanying the
fiscal year 2022 explanatory statement, updated for fiscal year
2023.
Continuation of Fiscal Year 2022 Requirements.--The
Department is directed to continue providing in fiscal year
2023 any briefing and report as outlined in the classified
annex accompanying the fiscal year 2022 explanatory statement.
Office of Inspector General
OPERATIONS AND SUPPORT
The agreement provides $214,879,000 for the Office of
Inspector General (OIG), as requested. The agreement also
includes a provision that transfers $14,000,000 of the
$50,000,000,000 made available to the FEMA Disaster Relief Fund
in the American Rescue Plan Act of 2021 (Public Law 117--2) to
the OIG for oversight of the use of those funds.
Obligation Plan.--Information accompanying OIG's fiscal
year 2024 budget request shall include an obligation plan with
details on projected obligations by oversight area and activity
type, such as by audits, inspections, and investigations.
Monthly Budget and Staffing Briefings.--The OIG shall
continue to provide the Committees monthly budget and staffing
briefings, as described in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117--
103). The briefings shall include all available funding
sources, contracts, and contract FTE. Further, the briefings
shall be modified in fiscal year 2023 to begin to shift away
from program office profiles and instead reflect budget and
staffing profiles by oversight area. They shall include a plan
of action and milestones update regarding the development of a
robust reporting capability that will provide more transparency
and insight into OIG's budget planning and execution by such
oversight areas.
Required Notification of Failure to Provide Requested
Information by Secret Service.--In addition to the requirements
of the Inspector General Act, the Inspector General shall
notify the Committees in writing within 30 days of requesting
and not receiving information from the Secret Service. Within
30 days after receipt of any such action by the Secret Service,
the Inspector General shall transmit to the Committees a copy
of the request for information; the response from the Secret
Service, if any; and a statement regarding whether the
Inspector General agrees or disagrees with such response.
TITLE I--ADMINISTRATIVE PROVISIONS
Section 101. The agreement continues a provision requiring
the Inspector General to review grants and contracts awarded by
means other than full and open competition and report the
results to the Committees.
Section 102. The agreement continues a provision requiring
the CFO to submit monthly budget execution and staffing reports
within 30 days after the close of each month.
Section 103. The agreement continues a provision directing
the Secretary to require that contracts providing award fees
link such fees to successful acquisition outcomes.
Section 104. The agreement continues a provision requiring
the Secretary, in conjunction with the Secretary of the
Treasury, to notify the Committees of any proposed transfers
from the Department of Treasury Forfeiture Fund to any agency
at DHS. No funds may be obligated prior to such notification.
Section 105. The agreement continues a provision related to
official travel costs of the Secretary and Deputy Secretary.
Section 106. The agreement continues and modifies a
provision requiring the Under Secretary for Management to
provide quarterly briefings on acquisition information to the
Committees.
Section 107. The agreement continues and modifies a
provision restricting the use of funding for certain pilot
programs unless the Secretary submits specified information to
the Committees related to the program's goals, metrics, and
implementation plan.
Section 108. The agreement includes a new provision
transferring $14,000,000 to the OIG from amounts provided to
FEMA for the Disaster Relief Fund in the American Rescue Plan
Act of 2021 (Public Law 117-2).
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes $1,131,069,000 above the request,
including the following: $1,600,000 for suicide prevention and
wellness activities, to include employee child and backup care,
for a total of $24,600,000; $3,000,000 for the unified
immigration portal, for a total of $20,000,000; $2,000,000 for
Procurement Directorate within the Office of Acquisition;
$2,500,000 for the Survivor Advocacy Program; $3,000,000 for
the Office of Finance staffing; $5,000,000 for technology
capabilities for the Office of Chief Counsel; $800,000,000 for
a shelter and services grant program; $60,085,000 for an
additional 125 CBP Officers, 250 technicians, and 250 mission
support staff; $51,536,000 over the enacted level for forced
labor to include $17,112,000 for an advanced trade analytics
platform for a total of $99,428,000 over fiscal year 2022;
$10,000,000 for innovative technology, for a total of
$35,000,000; $6,000,000 for an increase in the uniform
allowance; $5,000,000 for tribal roads; $6,900,000 for linear
ground detection system sustainment; $5,200,000 for cross
border tunnel threats; $5,300,000 for counter unmanned aerial
systems; $7,702,000 for team awareness kits, for a total of
$19,417,000; $10,000,000 for tactical communications;
$94,655,000 to reject Trade and Travel Operations PPA base pay
reductions; $51,116,000 to reject reductions to rent related
expenses; $3,000,000 for counter network capability; $8,000,000
for increased intelligence capabilities; and $600,000 for
medical utilization.
Reductions to the request include: $140,231,000 for changes
to the adjustments to base for current services due to updated
base pay and annualizations; $3,000,000 for zero trust
architecture; $2,500,000 for the Office of Finance Resource
Planning Technology & Analytic; $10,000,000 for contracting
costs; $31,500,000 for medical referral costs; and $2,000,000
for medical contract costs. The account is reduced $3,000,000
for a transfer to PC&I.
Within the total amount provided, the recommendation
includes: $5,000,000 for tuition assistance; $10,000,000 for
processing improvements; $6,000,000 for caregivers and
childcare services; $3,500,000 for rescue beacons and the
Missing Migrant Program; $6,000,000 for Carrizo cane control;
$21,055,000 for the Incident Driven Video Recording System,
including body worn cameras and related requirements for
Freedom of Information Act (FOIA) compliance and data storage;
$21,000,000 for autonomous surveillance towers; $10,000,000 for
video monitoring capabilities; and $7,000,000 for Port of Entry
(POE) technology, of which $5,000,000 is for outbound
operations.
Within the total amount provided, the bill makes
$500,000,000 available until September 30, 2024, to provide
limited flexibility for certain activities.
Border Management Requirements.--Funds provided in title V
of this Act are for border management requirements. Eligible
uses of these funds include soft-sided facilities with
appropriate wrap-around services; medical capabilities; child
caregivers; overtime and temporary duty (TDY) costs; DHS
volunteer force costs; CBP -related transportation costs;
operational costs; flight hours; law enforcement personnel; and
general contract support for processing. Not later than 45 days
after the date of enactment of this Act, the Undersecretary for
Management shall provide an expenditure plan to the Committees
for the use of these funds and the Commissioner shall provide a
bimonthly update thereafter.
None of the funds provided for border management
requirements shall be used:
(1) to hire FTE;
(2) for flight hours other than those flown by CBP Air and
Marine Operations; or
(3) to acquire, maintain, or extend border security
technologies and capabilities except to improve processing.
CBP should consider a full suite of options to attain
additional processing support in a cost-effective manner,
including through DHS volunteers, contract staff, temporary
duty assignments, re-employed annuitants, and remote
processing.
Chief Operating Officer (COO) Re-designation.--CBP is
encouraged to re-designate the current COO position from
``general'' to ``career reserved.'' The expanding CBP workload
requires stability from career leadership in overseeing the
day-to-day operations of the organization.
Childcare for Employees.--Not later than 90 days after the
date of enactment of this Act, CBP shall provide a briefing to
the Committees on options for meeting the childcare needs of
its workforce in underserved areas. The briefing should include
an assessment of the limits of existing legal authorities and
cost estimates for various options.
Contracted Capabilities.--CBP is directed to brief the
Committees not later than 60 days after the date of enactment
of this Act on the feasibility and legal limitations of using
contracted personnel for the monitoring of Border Patrol
surveillance video; expanding the role of contracted personnel
in processing noncitizens; and supplementing Air and Marine
Operations (AMO) flying hours with contracted flying hours.
Developing and Using Predictive Analytics.--The agreement
directs CBP to provide, within 45 days of the date of enactment
of this Act, a description of its analytic and modeling
capabilities; data provided by those capabilities; how CBP
currently uses that data; and any plans to expand such use.
Further, CBP shall provide a briefing to the Committees within
45 days of the date of enactment of this Act on a plan to
better incorporate data output from current analytic and
modeling capabilities into reporting requirements in fiscal
year 2023, and options for investments in expanded capabilities
in fiscal year 2024.
Human Capital Strategic Plan.--Not later than 120 days
after the date of enactment of this Act, the Commissioner shall
submit to the Committees a human capital strategy plan
addressing future staffing challenges as a growing percentage
of CBP law enforcement personnel become eligible for retirement
between fiscal year 2023 and the end of fiscal year 2028. The
plan shall include an assessment of potential operational
impacts; hiring and recruitment strategies that incorporate
lessons learned from previous hiring efforts; resource
requirements for CBP offices that provide critical support for
hiring, including for Human Resource Management, the Office of
Training and Development, and the Office of Professional
Responsibility; and funding requirements to maintain
operational effectiveness, including for both hiring and
overtime costs.
Integrating Budget Requests.--In order to minimize funding
imbalances across CBP and DHS programs, CBP is directed to
include with any requests for new funds a description of the
impact of the investment on other programs. CBP, in
coordination with the Department, is directed to provide a
briefing to the Committees within 60 days of the date of
enactment of this Act on a plan for complying with this
requirement, including a description of how necessary data will
be incorporated into internal planning and budgeting processes.
Intelligence Human Capital Strategic Plan.--Not later than
120 days after the date of enactment of this Act, CBP shall
brief the Committees on an intelligence human capital plan for
the next five fiscal years addressing the expanded need for
intelligence professionals, including:
(1) a description of CBP intelligence functions;
(2) the role(s) that new, non-law enforcement analysts
would perform;
(3) the benefits of additional analysts;
(4) the number of law enforcement personnel currently
performing intelligence function roles;
(5) the methodology used to determine the number of law
enforcement personnel who would be returned to front-line
duties;
(6) the timeline for, and the projected number of, such law
enforcement personnel and the associated resource requirements
for each of the next five fiscal years;
(7) a cost-benefit analysis for the options of hiring
intelligence professionals versus additional law enforcement
personnel;
(8) examples of how current operations are shaped by
intelligence data analysis; and
(9) how additional analysts would enhance strategic and
tactical understanding of the border environment to improve
operational decision making.
Law Enforcement Suitability Analysis.--CBP is directed to
submit a report on the effectiveness of polygraph tests within
120 days of the date of enactment of this Act. The report shall
include data comparing CBP's failure rates to those of other
federal law enforcement agencies; a list of admissions elicited
during polygraph tests since CBP implemented a mandatory
polygraph test requirement; and details regarding the total and
annualized number of such admissions and types of admissions.
Northern Border Strategy Implementation Plan.--Within 90
days of the date of enactment of this Act and quarterly
thereafter, CBP shall brief the Committees on the status of the
Northern Border Strategy Implementation Plan, including whether
the fiscal year 2022 milestones have been achieved; the status
of the fiscal year 2023 milestones; and, in each case where a
milestone has not been achieved, detailed explanations for the
failure to achieve the milestone. The fiscal year 2024 budget
request shall detail specific northern border staffing and
technology requirements and request specific funding for
implementation of planned northern border enforcement
initiatives enumerated in the analysis. The Department shall
work with the Committees prior to providing this briefing to
ensure alignment with expectations.
Overtime Usage.--CBP is directed to provide a briefing to
the Committees that compares onboard positions, salary and
overtime costs, and the monthly volume of vehicles,
pedestrians, and cargo containers by POE for fiscal years 2017
through 2022.
Prioritizing the Acquisition of Innovative and Emerging
Technologies and Capabilities.--The Commissioner shall ensure
that all funding provided in this Act for the acquisition of
operational or administrative technology, equipment, and
services focuses on innovative and emerging capabilities.
Agency policies should prioritize the testing and, when testing
results support a sound business case, their acquisition and
operationalization. New technologies, including artificial
intelligence (AI)/machine learning (ML) tools and autonomous
capabilities, are critical for improving mission performance
and personnel effectiveness. Within 60 days of the date of
enactment of this Act, CBP shall provide a briefing to the
Committees on a plan to better prioritize innovative and
emerging technologies and capabilities into the agency's
internal planning, budgeting, and programming processes.
Quarterly Budget and Staffing Briefings.--In addition to
the requirement set forth in section 102 of this Act, CBP shall
provide the Committees quarterly budget and staffing briefings
beginning not later than 45 days after the date of enactment of
this Act and not later than 30 days after the close of each
quarter thereafter. The briefings shall include any source of
funding available to CBP for obligation; align projected and
executed budgetary obligations and on-board staffing data to
program areas within each PPA; and delineate pay from non-pay
obligations. CBP is directed to provide the data and other
information supporting each briefing to the Committees in a
downloadable, searchable, and sortable spreadsheet format. The
first briefing shall include:
(1) planned monthly obligations and onboard staffing
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future quarterly briefings;
(3) a description of any limitations that CBP's financial
and staffing systems of record present towards complying with
requirements under this heading, such as the monitoring of
obligations and onboard staff at the program level; and
(4) plans to address such limitations.
Prior to the first briefing, CBP shall provide the
Committees a proposed list of program areas to be tracked
within each PPA, which shall include at a minimum any program
enhancements in this Act for congressional priorities described
in this statement or enhancements that were in the President's
budget request.
Recruitment, Hiring, and Retention.--Within 90 days of the
date of enactment of this Act, CBP shall brief the Committees
on its efforts to improve hiring and retention by all of its
law enforcement components. CBP shall prioritize and continue
efforts to use available incentives to recruit and retain
personnel in rural and remote areas, including the exploration
of new strategies; ensure that its efforts include the
recruitment and retention of women and other traditionally
under-represented population groups; and ensure that
appropriate anti-harassment protocols are in place for all
personnel. CBP shall also ensure that staff are trained to
recognize signs of trauma exposure, understand common behaviors
of people exposed to trauma, and on trauma-informed practices.
Resource Prioritization.--CBP is directed to provide a
bimonthly briefing to the Committees on its efforts to evaluate
CBP-wide workload, capabilities, assets, and human resource
gaps; describe how those gaps impact mission performance; and
use the results of the ongoing analyses to support the
development of the fiscal year 2024 budget request.
BORDER SECURITY OPERATIONS
Assessing Commercial Satellite Radio Frequency (RF).--CBP
is directed to continue pilot programs and other efforts to
evaluate the use of commercial satellite radio frequency (RF)
collections to improve situational awareness near the land
borders of the United States, including how RF collection can
be integrated into existing surveillance and reconnaissance
architectures.
Border Barriers.--Within 90 days of the date of enactment
of this Act, the Commissioner shall provide an update on the
work of the multi-agency working group established to identify
the impacts of complete and incomplete border security
infrastructure on border security, communities, tribes,
wildlife, and local environments, including the impacts of
erosion and improper drainage associated with partially
complete infrastructure projects, as well as its plan for
addressing such impacts.
Border Patrol Hiring.--The agreement provides funding for
19,855 Border Patrol agents, an increase of 300 above the level
funded in fiscal year 2022. In light of the Border Patrol's
ongoing recruitment and attrition challenges, funding that is
unable to be executed for new hiring in fiscal year 2023 is
available for additional targeted Border Patrol Agent hiring
and retention efforts; hiring processing coordinators and
professional staff that relieve agents of administrative
duties; and for morale efforts, to include increasing the
uniform allowance.
Within 90 days of the date of enactment of this Act, CBP
shall brief the Committees on a plan and schedule for hiring
the funded level of agents. The briefing shall also address how
CBP is ensuring appropriate oversight of the hiring process and
its efforts to implement recommendations from misconduct
investigations. Given the number of agents from the northern
border who have been redeployed to the southwest border in
recent years, the briefing shall also detail the number of
planned new agents who will be assigned to the northern border.
Border Security Technology Gaps.--Within 180 days of the
date of enactment of this Act, CBP shall brief the Committees
on its efforts to improve border security technology
development and acquisition.
Body Worn Cameras.--Within 90 days of the date of enactment
of this Act, CBP shall provide the Committees an execution plan
and deployment schedule for body worn cameras.
Operational Impact of Processing Coordinators.--Within 60
days of the date of enactment of this Act and quarterly
thereafter, CBP shall provide a briefing to the Committees on
the status of hiring processing coordinators funded by this and
previous appropriations Acts, including the number of law
enforcement personnel returned to the field as a result of the
onboarding of new coordinators; the measures the agency is
using to assess the costs and benefits of coordinator
positions; and a description of all training and certifications
required for such positions. Future funding requests for
coordinators shall be accompanied by measures clearly detailing
projected operational impacts.
Prison Rape Elimination Act (PREA).--The agreement directs
CBP to post on its website, within 60 days of the date of
enactment of this Act, a schedule for achieving full compliance
with PREA requirements.
Reporting Requirements for Deaths in Custody.--CBP shall
continue to provide the data required in House Report 116-80
regarding deaths of noncitizens.
Shelter and Services Program.--The agreement provides
$800,000,000 for a Shelter and Services Program (SSP) to
support CBP in effectively managing noncitizen processing and
preventing the overcrowding of short-term CBP holding
facilities. Within the total amount provided, up to $50,000,000
is available for the construction or expansion of shelter
facilities. The funds are transferred to the Federal Emergency
Management Agency (FEMA) for administration as grants or
cooperative agreements with state and local governments and
non-governmental organizations (NGOs).
During fiscal year 2023, a portion of this funding may be
used for the existing Emergency Food and Shelter Program-
Humanitarian (EFSP-H) in order to provide time for CBP and FEMA
to establish a funding allocation process for the SSP. While
the Emergency Food and Shelter National Board has performed
admirably in administering EFSP-H since it was first funded in
fiscal year 2019, funding the SSP through CBP will facilitate
more effective support of CBP efforts to efficiently process
and humanely treat noncitizens. It also acknowledges the
existing vital partnership between CBP and NGOs.
Prior to EFSP-H, many NGOs and local communities already
provided shelter and other services to individuals released
directly from CBP custody, helping to facilitate the humane and
respectful treatment of noncitizens undergoing processing at
CBP facilities, including families, while minimizing impacts on
local border communities. Overcrowding at CBP short-term
holding facilities has negative impacts on noncitizens and
makes it more difficult for CBP personnel to carry out their
duties. This partnership also serves American taxpayers by
minimizing the need to expand the capacity of existing CBP
facilities.
Not less than quarterly, CBP shall provide data to FEMA to
help inform decisions on where funding should be provided to
shelters along the southwest border and in the interior of the
United States to support CBP's border security mission. At a
minimum, this data shall include historical data and future
projections of encounters of families and single adults, by POE
and Border Patrol sector.
Short Term Detention.--In addition to direction in House
Report 117-396, the Commissioner shall provide a report to the
Committees, within 90 days of the date of enactment of this
Act, on infrastructure changes, training protocols, and other
investments made or planned to ensure the safe, humane, and
orderly processing of single adults, families, and
unaccompanied children in CBP custody, in compliance with the
CBP National Standards on Transport, Escort, Detention, and
Search as well as the Flores Settlement. The report shall also
describe CBP efforts to improve stakeholder monitoring and
access policies at CBP facilities. These directives should not
be construed to interfere with the rights obtained, or
obligations owed, under any federal consent decree.
Transportation Checks and Roving Enforcement.--In addition
to direction in House Report 117-396, the required reporting
shall include the total amount of drugs, currency, and firearms
seized as a result of transportation checks.
Workload Staffing Model for Between the Ports.--Within 30
days of the date of enactment of this Act, CBP shall provide a
briefing to the Committees on how data from the Border Patrol's
Mission Advantage Program demonstrates its impact on personnel
needs and projections of the impacts of future investments in
the program. Within 60 days of the date of enactment of this
Act, CBP shall provide a report to the Committees detailing the
staffing model and the process that CBP used to create and
validate it.
TRADE AND TRAVEL OPERATIONS--OFFICE OF FIELD OPERATIONS
Advanced Electronic Data (AED).--Within 180 days of the
date of enactment of this Act, CBP shall provide a report to
the Committees on the implementation of the AED initiative,
including the:
(1) total volume received by the United States Postal
Service (USPS) and volume containing AED;
(2) volume received by country containing AED;
(3) number of packages CBP requests to screen and the
number tendered by the USPS;
(4) number of goods seized in Mail Facilities; and
(5) volume received from countries exempted from AED by
CBP.
The report shall also include a detailed plan, to be
developed in coordination with the USPS, for the Postal Service
to scan every package or letter entering the United States that
could contain an illegal opioid.
Border Searches and Electronics.--In addition to direction
in House Report 117-396, the required reporting shall include
the number of times CBP searched an electronic device at the
request of a federal, state, local, or foreign governmental
entity, including another component of the Department, or
disclosed to such entity information from any searched device.
Border Security Deployment Program (BSDP).--CBP shall
provide the Committees a briefing within 120 days of the date
of enactment of this Act on the agency's plan to expand BSDP at
land POEs.
Combatting Transportation of Firearms and Illicit Funds.--
The agreement encourages CBP to continue to collaborate with
domestic and international partners to disrupt the flow of
funding that supports illicit monetary instruments and firearm
smuggling activities. CBP shall inform the Committees any
additional legal authorities or resources needed for these
efforts.
Data on Asylum Seekers.--The agreement directs the Office
of Field Operations (OFO) to continue to produce a monthly
report detailing for each preceding month: the POEs along the
southwest border at which queue management or metering
practices have been employed; a detailed flow-chart for how a
noncitizen's case is managed in these processes; and the number
of asylum seekers processed at each such POE.
The report shall also address: CBP's rationale for queue
management or metering practices at POEs; capacity and resource
constraints leading to or requiring the implementation of such
practices; recommendations for alleviating such capacity and
resource constraints; and any agreements or arrangements
between CBP, or the Federal Government more broadly, and
Government of Mexico authorities involving efforts to restrict
the number of potential asylum seekers that can access a POE
prior to entering the United States.
Environmental Crimes Enforcement.--Within 120 days of the
date of enactment of this Act, CBP shall provide a briefing to
the Committees on the activities and resources applied to the
enforcement of the Lacey Act amendments of 2008, which help
address international deforestation and combat trade in illegal
wildlife and timber products. The briefing shall also address
CBP efforts to assist the Animal and Plant Health Inspection
Service of the U.S. Department of Agriculture with the
electronic collection of data, as well as its continued
consultation with trading partners, importers, exporters, and
other interested groups as the provisions of the Act are fully
implemented.
Enhancement of Supply Chain Security.--Within 180 days of
the date of enactment of this Act, CBP shall provide a briefing
to the Committees with recommendations on how innovative
capabilities, including blockchain-based platforms, may improve
trade operations between the United States and Central and
South American countries, including potential opportunities for
partnership with non-profit and private partners and with
Central and South American Customs Agencies.
Expanding Outbound Operations at Land Ports of Entry
(LPOE).--The agreement provides $30,000,000 for building
outbound operations capacity, including $2,250,000 for Domestic
Operations to hire 18 CBP officers; $5,000,000 for RFID/QR code
readers for all outbound truck lanes to capture trucks at exit,
increase CBP's ability to pursue subjects attempting to abscond
from CBP inspection areas and other security capabilities and
upgrades; and $22,750,000 through the Procurement,
Construction, and Improvements account for non-intrusive
inspection equipment, development and deployment of ACE
electronic export manifest capability, and infrastructure
investments, including vehicle inspection stations. Within 90
days of the date of enactment of this Act, CBP is directed to
provide an expenditure plan for the use of these funds and to
brief the Committees on the metrics it will use to capture the
impact of this investment.
Fee Shortfalls and Reinstating Base Funding for OFO
Personnel.--The agreement restores $94,655,000 in proposed
reductions to pay for existing OFO personnel. The CBP CFO shall
continue to manage and oversee CBP fee funding to ensure
current year operational requirements are balanced against the
continuing requirement to build and maximize a carryover
balance. If fee collections during fiscal year 2023 exceed
current projections and carryover requirements, CBP shall
refrain from obligating those available funds until it briefs
the Committees on options for the use of those funds to include
for hiring additional CBP officers and mission support staff.
Identifying Fentanyl Analogues and Related Substances at
the Southwest Border.--Within 60 days of the date of enactment
of this Act, CBP shall provide the Committees a briefing on
options to publicly report seizures of fentanyl-related
substances and fentanyl analogues in the same manner it reports
monthly seizures of marijuana, cocaine, heroin, and fentanyl.
International Mail and Express Consignment Facilities.--
Previously provided funds, and funds provided in this Act shall
be made available for facility improvements; detection and
testing equipment upgrades; increased capacity for testing and
storing illegal and regulated substances; interoperability
improvements with Food and Drug Administration detection
equipment; and innovative technologies that apply advanced
analytics and machine learning capabilities.
LPOE Hours of Operation.--CBP is directed to consult with
elected officials at all levels, community members, and
industry stakeholders prior to making changes to LPOE hours of
operations. Prior to any actual reduction in operating hours,
CBP shall demonstrate that the change will not impede local or
regional commerce or unduly impede local resident traffic.
Not later than 90 days after the date of enactment of this
Act, CBP shall provide a report to the Committees detailing
operating hours at all northern border POEs and describing how
CBP plans to improve the recruitment and retention of CBP
personnel at remote northern border ports of entry to sustain
those operating hours. Additionally, the agreement directs CBP
to establish a pilot program for the co-location of CBP and
Canada Border Services Agency border agents at remote LPOEs to
maintain border security and reduce costs.
Locality Pay Scale Flexibility.--Within 120 days of the
date of enactment of this Act, CBP is directed to provide a
report, in coordination with the Office of Personnel
Management, on:
(1) an analysis of local pay scales and how those pay
brackets impact recruitment and retention;
(2) an overview of agency authorities for adjusting pay;
and
(3) recommendations to better align local pay with costs of
living to improve recruitment and retention.
Northern Border LPOEs and CBPOs.--CBP shall prioritize
staffing shortages at northern border LPOEs to help expedite
cross-border tourist and commercial traffic while providing
significant consideration to the health, safety, and welfare
needs of CBP officers; explore options for 24-hour use of NEXUS
at LPOEs; and expand public awareness about and enrollment in
the NEXUS program, including through the deployment of signage
in collaboration with state transportation agencies.
Additionally, CBP is directed to notify the Committees
within 15 days of redeploying more than 10 percent of staff in
any sector along the northern border to the southwest border or
other ports of entry, including the number and location of the
personnel diverted, the duration of the temporary deployment,
and when the personnel will return to their posts.
Prevent Abduction Program.--Within 180 days of the date of
enactment of this Act, CBP is directed to report to the
Committees on the status of the Prevent Abduction Program,
including:
(1) the total hours of training CBP officers receive on the
issue of international parental child abduction;
(2) the total number of children enrolled in the program
and the number enrolled in the preceding fiscal year;
(3) the number of children enrolled in the program who were
taken out of the United States through an air POE by an
abductor, if any; and
(4) the identification of resources CBP might need to
ensure children are not removed from the United States in
violation of a valid state court order.
Reimbursable Services Program.--CBP is directed to provide
each air, land, and sea port operator, including cruise
terminals, with information on baseline service levels and
report to the Committees quarterly on its adherence to these
baseline levels. The report shall also address staffing
shortages, requirements for facility and security upgrades, and
plans for technology recapitalization; the process used to
decide how initiatives are funded; a justification for the
scope of the requests; and how CBP will negotiate with port
operators and incorporate their feedback into the development
of plans to address future facility and security needs.
CBP is encouraged to defer all current and future seaport
facility agreements until it has provided details on baseline
service levels to each port operator and provided the
Committees with estimates for future facility and security
requirement improvements and associated federally mandated
technology. CBP is expected to work in partnership with
seaports and refrain from imposing requirements on seaports in
a unilateral fashion.
Workforce Staffing Model.--Not later than 90 days after the
date of enactment of this Act, CBP shall provide a report to
the Committees on the results of the most current Trade and
Travel Workload Staffing Model, to include results;
descriptions of any other models related to workload at ports
of entry; and a comparison of model results. The agreement
withholds funds from the Executive Leadership and Oversight PPA
pending delivery of the report.
TRADE AND TRAVEL OPERATIONS--OFFICE OF TRADE
Combatting Transshipment.--CBP is directed to modify
targeting criteria and make additional changes necessary to
provide CBP with the administrative flexibility required to
identify transshipped products.
Trade Enforcement.--Within 90 days of the date of enactment
of this Act, CBP shall provide a report to the Committees
detailing its implementation of trade priorities.
Uyghur Forced Labor Prevention Act (UFLPA).--The agreement
fully funds implementation of the UFLPA, adjusted for funding
provided above the request in fiscal year 2022. Within 60 days
of the date of enactment of this Act, CBP shall provide a
briefing to the Committees on implementation of the law.
INTEGRATED OPERATIONS
Honey Import Testing.--CBP is directed to provide a report
to the Committees, within 180 days of the date of enactment of
this Act and in consultation with the FDA, on:
(1) the number of imported honey shipments tested for
country of origin (COO) fraud and adulteration;
(2) the number of shipments that testing suggested involved
COO fraud or adulteration;
(3) the technologies employed in carrying out those tests;
and
(4) an ongoing strategy for CBP to detect and combat COO
fraud.
Office of International Affairs.--CBP is directed to
provide a briefing, within 60 days of the date of enactment of
this Act and in coordination with the Department of State, on
opportunities to expand information campaigns in targeted
Central and South American countries through social and
behavior change communication advertising the dangers of
irregular migration to the United States and educating
residents of those countries about legal immigration pathways.
Persistent Maritime Domain Awareness (MDA) Demonstration.--
The agreement directs AMO to work with CBP's innovation
technology program to examine opportunities to work with
industry partners to conduct a persistent, long duration MDA
demonstration in an area where illicit maritime activity is
known to be concentrated. Additionally, AMO is encouraged to
place staff within the innovation technology program to assist
in the development of AMO-specific capabilities.
MISSION SUPPORT
Medical Care.--Within 60 days of the date of enactment of
this Act, CBP shall provide to the Committees a briefing on the
medical care capacity supported by the enacted funding level,
along with a detailed breakout of the types of care it
supports.
ENTERPRISE SERVICES
CBP OneTM Mobile Application.--Within 90 days of
the date of enactment of this Act, CBP shall provide to the
Committees a report on CBP OneTM, including a
description of current uses; the frequency of use for each
service available on the mobile application; a description of
additional services and features that will be implemented by
the end of fiscal year 2023; and data specific to the use of
the mobile application by International Organizations and/or
asylum seekers for the purpose of coordinating entry into the
United States through a POE, along with any expansion plans for
this service.
Office of Professional Responsibility (OPR).--Within 90
days of the date of enactment of this Act, CBP shall brief the
Committees on efforts to hire additional OPR agents and a
description of targeted areas of investigative enhancements or
expansions, and its efforts to ensure CBP meets hiring targets
for agents and officers.
Remote Applications for Protection.--Within 120 days of the
date of enactment of this Act, CBP is directed to provide a
briefing to the Committees on any ongoing efforts to work with
USCIS and the State Department that allow noncitizens from
certain countries to apply to seek protection in the United
States, prior to their arrival, using CBP OneTM.
Personnel Pay Resources Reporting.--The CBP CFO is directed
to provide a full-year pay execution plan to the Committees
within 30 days of the date of enactment of this Act, along with
monthly updates thereafter, for the Border Security Operations
PPA and the Trade & Travel sub-PPAs for Domestic Operations,
Targeting, and International Operations. The report shall
compare planned execution to actual obligations for FTE and
overtime. In addition, it shall differentiate needs that are
tied to inspection and non-inspection operations.
Survivor Advocacy Program.--The agreement provides an
additional $2,500,000 to increase the number of full-time
personnel working as survivor advocates to help CBP personnel
and their families after the death of a CBP employee.
Video Monitoring.--Any non-working closed caption
television and associated recording or storage equipment in a
facility that detains migrants must be repaired or replaced
within 24 hours. Instances of equipment that remain non-working
after 120 hours must be reported to the Office of Professional
Responsibility. Outage and repair status reporting shall be
updated weekly.
Workforce Wellness and Suicide Prevention.--The agreement
provides not less than $24,600,000 for workforce wellness and
suicide prevention. In addition to direction in the House
Report, the agreement includes not less than $1,600,000 to work
with non-profits to provide workforce wellness and suicide
prevention services at CBP locations on the southern border.
Further, CBP shall explore opportunities to establish
partnerships with other federal agencies and SLTT entities,
especially within the law enforcement and first responder
communities, to improve and expand service offerings, with a
focus on underserved areas.
Withholds.--Of the $249,915,000 made available through the
bill for the Executive Leadership and Oversight PPA, the
agreement withholds $5,000,000 until reports concerning human
capital strategic plans and the Office of Field Operations
workload staffing model are submitted to the Committees.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The bill includes the following increases above the
request: $150,000,000 for border security technology, to
include funding for a common operating picture; $69,947,000 for
non-intrusive inspection (NII) systems; $3,000,000 for a
distributed ledger; $7,500,000 for an electronic export
manifest capability associated with outbound enforcement; and
$26,650,000 for the Advanced Training Center (ATC).
The bill reduces the request by the following amounts:
$5,000,000 from ACE enhancements; $31,245,000 from Multi Role
Enforcement Aircraft; $10,000,000 from the light enforcement
platform; and $45,459,000 from CBP facilities. The agreement
also includes realignments based on technical assistance
provided by the Department.
Border Patrol Technology.--In addition to direction in the
House Report, this funding is available for autonomous
surveillance, search and rescue capabilities, mobile
surveillance capabilities, cross-border tunnel detection
capabilities, geospatial capabilities, small unmanned
aerialsystems, counter small unmanned aerial system
capabilities, and common operating picture capabilities. The
Commissioner is directed to prioritize procurement of the most
cost-effective technologies based on lifecycle costs, system
availability, reduced requirements for personnel, and input
from sector leadership.
Construction and Facility Improvements.--The agreement
provides $99,900,000 for CBP facilities, a reduction of
$45,459,000 from the request. In technical assistance provided
to the Committees, CBP proposed a restructuring of the budget
request to offset unforeseen costs of previously funded
facilities projects. Additionally, the agreement rescinds
$43,500,000 from prior years.
Within the funds provided, $26,650,000 is for additional
expansion and renovation activities at the ATC. These funds
shall be used to complete construction of the Institute
Building and an Instructional Design/Distance Learning Center.
Additionally, not later than 90 days after the date of
enactment of this Act, CBP shall submit a report to the
Committees that includes:
(1) the details of the design and construction process for
new or renovated Border Patrol facilities, including stations,
processing centers, and checkpoints;
(2) detailed requirements for each facility currently
funded or proposed for funding, including buildings, parking
facilities, sally ports, vehicle maintenance facilities,
fueling stations, temporary detainee holding facilities, and
kennels;
(3) for each currently funded facility:
(a) the total amount funded, obligated, and expended, by
fiscal year; and
(b) if funds were obligated to an outside agency (e.g.,
General Services Administration and U.S. Army Corps of
Engineers), the obligation and expenditure status of those
funds;
(4) for each currently funded facility and for proposed
facilities, a construction schedule and associated expenditure
plan broken out by quarter (to include funds appropriated
through other agencies);
(5) For each requirement described in (2):
(a) the severability of each requirement that is specific
to the location;
(b) confirmation that each requirement is an independently
awardable option for all contracts currently funded;
(c) the requirements for facilities that are unfunded; and
(d) the requirements for facilities described in (2) that
are unfunded; and
(6) the number of personnel to be assigned at each
location, with confirmation the design is scoped to address
current and anticipated future staffing needs.
The report shall also include a detailed plan to improve
CBP's cost estimating capability for these facilities.
Deterring Illicit Substances.--CBP shall ensure the
necessary resources for procuring NII, passive radiation, and
X-ray/Gamma-ray imaging of cargo and conveyances to detect,
interdict, and deter the flow of illicit drugs, including
fentanyl, carfentanil, and heroin.
Distributed Ledger Technology.--The agreement provides
$2,500,000 above the request for CBP to test implementation of
blockchain and distributed ledger technologies to improve trade
operations, including enhancement of supply chain security,
single window, and sharing of Customs Trade Partnership Against
Terrorism data, in cooperation with foreign Customs Agencies
and leveraging existing platforms as appropriate. Furthermore,
the agreement provides $500,000 to explore opportunities for
additional investment in distributed ledger platforms for
coordination of customs data between the United States and
international partners, including potential opportunities for
partnership with non-profit and private entities. CBP shall
provide a report to the Committees within 180 days of the date
of enactment of this Act with such recommendations.
Innovative Technology.--The bill provides $20,000,000 for
innovative technology, of which not more than $5,000,000 shall
be available for each specific technology project. CBP is
encouraged to review the following technologies: geospatial
search and rescue; unmanned maritime vessels; remote sensing;
mesh networking; satellite communications; vehicle
communications in LTE denied areas; DNA traceability tools to
assist in identifying goods made with forced labor and
aerostats. CBP shall provide a briefing to the Committees
within 90 days of the date of enactment of this Act and
quarterly thereafter on pilot or demonstration projects that
have transitioned to normal operations over the last three
fiscal years; the impact of such transitions on performance; an
assessment of common indicators for successful and unsuccessful
pilots; and recommendations to incentivize CBP programs to
participate in testing and adopting promising new capabilities.
LPOE.--CBP shall provide a detailed report and timeline
within 90 days of the date of enactment of this Act outlining
completion of the Blue Water Bridge Plaza expansion project.
The report shall align with the annual LPOE priority list;
outline projected CBP costs; explain how CBP will engage with
state and local entities; and detail specific milestones and a
timeline for the project's completion.
CBP is directed to provide an update on the agency's
implementation of recommendations from GAO's July 2019 report,
``Border Infrastructure: Actions Needed to Improve Information
on Facilities and Capital Planning at Land Border Crossings,''
along with a description of any changes CBP is making to the
existing planning process. Additionally, CBP shall, in
consultation with GSA, consider growth in trade value, the
expansion of in-bound commercial traffic, and CBP operational
needs when developing the capital investment plan. CBP is
directed to provide an update within 60 days of the completion
of the ongoing assessment of capacity requirements at the Santa
Teresa POE.
Within 120 days of the date of enactment of this Act, CBP,
in consultation with GSA, shall provide the Committees a
briefing on plans to execute the funds provided in the
Infrastructure Investment and Jobs Act of 2021. As part of this
briefing, CBP shall provide the Committees an update on steps
to ``rebuild'' the annual 5-year LPOE plan.
Multi-Role Enforcement Aircraft (MEA).--The agreement
provides $29,000,000 to fund the second land variant MEA to
expand CBP's ability to conduct maritime, air, and land
surveillance at our Nation's borders. Additionally, the
agreement rescinds $23,182,000 from prior year funding for this
program due to contract cost savings.
NII.--The agreement provides $69,947,000 for the NII
program.CBP shall execute these funds only as follows:
$15,250,000 for outbound inspection equipment; $10,000,000 for
artificial intelligence and machine learning capabilities, to
include independent verification and validation during the
initial stages of development; $44,947,000 for the deployment
of previously funded equipment, civil works infrastructure,
site prep, and installation of equipment associated with
achieving 100 percent scanning of vehicles crossing the U.S.
border. The agreement rescinds all remaining unobligated fiscal
year 2022 funding provided for NII, totaling $73,246,000, due
to continued concerns with the management of the NII program,
as discussed in House Report 117-396.
To date, CBP has failed to request any funding to address
unfunded requirements for civil works, installation, and site
prep for previously funded NII equipment to be deployed in pre-
primary lanes at LPOEs, which could require more than an
additional $200,000,000. While the agreement provides
additional funding for the NII program, CBP and DHS are
encouraged to request funds in future budgets to address this
shortfall.
To ensure proper oversight of NII funds, CBP shall also
continue to provide monthly updates to the Committees on the
obligation of funds for NII equipment, along with actual and
projected performance gains as a result of NII deployments
funded in this or prior appropriations. Within 30 days of the
date of enactment of this Act, CBP shall provide a briefing to
the Committees on the status of NII coverage in pre-primary
lanes along the southwest border. The briefing should address
how an increase in pre-primary screening will impact current
secondary inspection capacity and the workflow of other federal
agencies that may not have sufficient time to plan for
additional resource needs.
Not later than 180 days after the date of enactment of this
Act, CBP shall provide a report on the current status of mobile
NII technology and proposals for enhancing it.
CBP is reminded of the reporting requirement on 100 percent
scanning in the joint explanatory statement accompanying the
fiscal year 2022 funding Act, which was due to Congress on
September 12, 2022.
Period of Availability.--The PPA funding table in the
explanatory statement accompanying division F of the
Consolidated Appropriations Act, 2022 (Public Law 117-103)
included an inadvertent transposition of the funding amounts
available for three years and five years in CBP's Procurement,
Construction, and Improvements (PC&I) account. Notwithstanding
that transposition, the three- and five-year funds are not
purpose restricted and may be obligated for any project funded
under the fiscal year 2022 PC&I appropriation. CBP shall
allocate these funds as necessary to execute fully all of the
funded projects within the periods of availability set forth in
that Act. CBP is directed to provide revised spending
allocations for the three- and five-year funds when it submits
the expenditure plan required under Section 208 of this Act.
Revenue Modernization.--Within 120 days of the date of
enactment of this Act, CBP shall provide a briefing to the
Committees describing the percent transition from manual field
collections to automated electronic systems, along with the
cost, by POE.
U.S. Immigration and Customs Enforcement
OPERATIONS AND SUPPORT
The agreement provides $394,177,000 above the request,
including increases of $5,960,000 for Homeland Security
Investigations (HSI); $379,560,000 for Enforcement and Removal
Operations (ERO); and $8,657,000 for Mission Support and Office
of the Principal Legal Advisor (OPLA) activities. The agreement
also provides net-zero technical adjustments requested by ICE
after submission of the budget request.
Within the total amount provided, the agreement makes
$46,696,000 available until September 30, 2024, including
$32,996,000 for authorized Title III activities and $13,700,000
for the Visa Security Program. The agreement also continues a
provision that withholds $5,000,000 from obligation until the
reports directed in the explanatory statements accompanying
Public Laws 116-6, 116-93, and 117-103 have been submitted to
the Committees.
Annual ERO and HSI Reports.--ICE is directed to continue
issuing annual Fiscal Year ERO and HSI reports by not later
than 90 days after end of each fiscal year. The reports should
compare data for the reporting fiscal year to the prior five
fiscal years in a sortable, downloadable, and printable format,
with a description of any significant deviations in data
representation when compared to prior years.
Continuation of Prior-Year Requirements.--ICE shall
continue to follow the directives under the following headings
in the explanatory statements accompanying the fiscal year 2022
funding Act (Public Law 117-103), according to the previously
directed timeframes, reporting requirements, required
sustainment, and guidance:
(1) Detention Standards;
(2) Reporting Requirements;
(3) Healthcare Costs for Immigrants in Detention;
(4) Law Enforcement Support Center (LESC);
(5) Sex Offender Release Notifications;
(6) Kiosks for Non-Detained Appearances;
(7) Detention Facility Inspections;
(8) HERO Child-Rescue Corp Program;
(9) Child Exploitation Investigations Unit;
(10) Counter-Proliferation Investigations Center;
(11) International Megan's Law;
(12) Opioid Investigations;
(13) Access to Due Process;
(14) Immigration Enforcement at Sensitive Locations;
(15) Forced Child Labor;
(16) Intellectual Property Rights Enforcement;
(17) Electronic Nationality Verification Program;
(18) ICE Removal and Detention of U.S. Citizens;
(19) Immigration Data; and
(20) Wrongful Removals.
Danger Pay.--Within 60 days of the date of enactment of
this Act, ICE shall provide a report to the Committees that
details the location of all ICE federal employees serving
abroad who currently do not receive danger pay in locations
where other federal employees receive such pay. The report
shall also include a projected estimate of the cost to provide
danger pay to such employees.
Facilities Backlog and Use.--Within 60 days of the date of
enactment of this Act, and quarterly thereafter, ICE is
directed to brief the Committees on any changes to facility
condition assessments. ICE is also directed to incorporate
those assessments into its outyear budget requests--including
its annual budget justifications--for facility maintenance
funding, as well as in its monthly execution briefings.
Financial and Reporting System.--ICE shall develop a plan
to configure its financial and reporting systems by June 2023
to better budget for and monitor the costs of programs and
initiatives and to track obligations and expenditures by
program and initiative. Not later than 60 days after the date
of enactment of this Act, ICE shall brief the Committees on the
status of this effort, including a description of anticipated
risks and a mitigation plan to address such risks.
Forward Funding of Contracts.--ICE is directed to identify
in its monthly budget briefings any funding used for contracts
for which the period of performance extends beyond the fiscal
year, or begins after the end of the fiscal year, and to
include an exhibit in future budget requests showing any such
forward funded contracts.
Monthly Budget and Staffing Briefings.--In addition to the
requirement set forth in section 102 of this Act, ICE shall
provide the Committees monthly budget and staffing briefings
beginning not later than 30 days after the date of enactment of
this Act. The briefings shall include any source of funding
available to ICE for obligation; align projected and executed
budgetary obligations and on-board staffing data to program
areas within each PPA; and delineate pay and non-pay
obligations. Prior to the first briefing, ICE shall provide the
Committees a proposed list of program areas to be tracked
within each PPA, which shall at a minimum include all
congressional priorities referenced in this Act, along with
those of the last three fiscal years, including the
accompanying explanatory statements for each Act. The first
briefing shall include:
(1) planned monthly obligations and onboard staffing
projections for the fiscal year against which execution data
will be compared in subsequent briefings, along with any
changes to the plan;
(2) a consultation with the Committees on a plan and format
for future monthly briefings;
(3) a description of any limitations presented by ICE's
existing financial and staffing systems of record in complying
with requirements under this heading, such as the monitoring of
obligations and onboard staff at the program level; and
(4) ICE's plan to address the limitations described in (3),
including resource requirements.
Title V Requirements.--The agreement provides $339,658,000
in Title V for ICE's non-detention border management
requirements, including $74,980,000 in third party medical
costs related to noncitizens in CBP custody.
Homeland Security Investigations
Enhancing and Modernizing HSI's Capabilities.--The
agreement provides a total increase of $5,960,000 above the
request, including:
(1) $31,808,000 to restore proposed reductions for the
Domestic Investigations PPA based on efficiencies that were not
clearly defined;
(2) $10,017,000 to increase investigative capacity to
respond to projected increases in workload associated with the
planned expansion of CBP's NII technology along the southwest
border;
(3) $2,200,000 to expand and enhance undercover activities;
(4) $8,600,000 to accelerate development of capabilities
for the Repository for Analytics in a Virtualized Environment
(RAVEn);
(5) $6,860,000 to fund the training, equipment, travel,
software, and analysts necessary to address the increase in
child exploitation leads and investigations and increased
victim assistance requirements;
(6) $4,500,000 for the training, equipping, and hiring of
Human Exploitation Rescue Operative (HERO) Child-Rescue Corps
program graduates;
(7) $220,000 for the Victim Assistance Program;
(8) $14,500,000 for the National Intellectual Property
Rights (IPR) Center, of which, not less than $7,500,000 shall
be for the creation of the Wildlife Trafficking Unit;
(9) $1,607,000 to restore proposed reductions to the
International Investigations PPA; and
(10) $1,820,000 to restore proposed reductions to the
Intelligence PPA.
ICE is directed to update the Committees with details about
the use of these additional funds as part of its monthly
operational and expenditure plans. Further, ICE shall provide
detailed staffing and budget assumptions about these efforts in
future budget requests. The agreement also includes a reduction
of $73,672,000 from the request based on updated information
from ICE about personnel cost requirements. The agreement also
rejects the proposed realignment of $2,500,000 from OSEM for
the Blue Campaign.
International Operations Strategic Plan.--Within 90 days of
the date of enactment of this Act, HSI is directed to brief the
Committees on its strategic plan for international operations.
At a minimum, the plan should include a justification for an
expanded international presence; the proposed locations for
expansion; the operational and administrative resources
required to implement the plan; a description of any plan
implementation challenges or impediments, including any related
to the State Department; and a description of any planned
expansion of the Visa Security Program.
Wildlife Trafficking Unit.--$7,500,000 is provided above
the request for the establishment of a new unit dedicated to
the prevention of Wildlife Trafficking within HSI's IPR Center,
Global Trade Division. HSI shall continue to work in
partnership with the U.S. Fish and Wildlife Service and CBP to
improve efforts to address wildlife trafficking. Within 90 days
of enactment of this Act, HSI shall brief the Committees on the
execution of these funds and the status of the new Wildlife
Trafficking Unit, including efforts to hire and train future
staff. HSI is also directed to continue to produce the report
identified in Public Law 116-125.
Enforcement and Removal Operations
The agreement sustains the fiscal year 2022 detention
capacity levels. Reductions below the request include
$46,150,000 based on updated information from ICE and technical
assistance from the Department; $15,000,000 from amounts
proposed for an information technology initiative; $21,000,000
related to facility standards; $3,313,000 associated with
Fugitive Operations technical assistance and efficiencies;
$6,258,000 for Criminal Apprehension Program technical
assistance and efficiencies; $820,000 for Transportation and
Removal Program (TRP) efficiencies; and $84,871,000 for the ATD
program. The agreement does not include the requested
realignment of $8,000,000 in third party medical costs to CBP.
287(g) Program.--ICE is directed to publish applications
for new or renewed 287(g) agreements on its website at least
eight weeks prior to entering into any such agreement. In
addition, ICE shall ensure thorough vetting of 287(g)
applicants to minimize detention conditions that do not fully
comply with Performance-Based National Detention Standards and
PREA standards.
ICE, OIG, and CRCL are directed to provide rigorous
oversight of the 287(g) program, and ICE is directed to notify
the Committees 15 days prior to implementing any changes to the
program, including any changes to training requirements, data
collection, selection criteria, or the jurisdictions with which
ICE has agreements, including both entering into new contracts
or the termination of existing contracts. ICE is also directed
to report to the Committees on the effectiveness and accuracy
of prior efforts to publicly disclose personally identifiable
information about noncitizens encountered through the 287(g)
program within 60 days of the date of enactment of this Act.
If CRCL or ICE's Office of Professional Responsibility
(OPR) determines that a participating 287(g) jurisdiction has a
pattern or practice of civil rights or liberties violations of
individuals who were subsequently the subject of immigration
enforcement activity delegated under the 287(g) authority, the
Secretary shall require CRCL to conduct a review of the use of
this program in that jurisdiction which shall include
recommendations regarding ICE's furtherance of any such
agreement with that jurisdiction. Not later than 120 days after
the date of enactment of this Act, and quarterly thereafter,
CRCL and OPR shall brief the Committees on any such
determinations, reviews, and recommendations, as well as the
status of any previous activity.
ATD.--The funding level for ATD is based on fiscal year
2022 data on the actual program costs and provides sufficient
funding for the proposed enrollment levels. ICE shall continue
to brief the Committees on any ATD contracts it awards under
this program. Within 60 days of the date of enactment of this
Act, ICE shall begin providing a monthly briefing on the number
of noncitizens participating in the ATD program by technology
type, cost by technology type, and the number of participants
who attend a portion of or all of their immigration court
hearings. ICE shall also continue to publish annually the
following policies and data relating to ATD:
(1) guidance for referral, placement, escalation, and de-
escalation decisions;
(2) enrollment and disenrollment by Field Office;
(3) information on the length of enrollment broken down by
type of ATD;
(4) a breakdown of enrollment by type and point of
apprehension; and
(5) a breakdown of disenrollment by type and reason.
ATD Program Violations.--ICE shall submit data to the
Committees within 30 days of the date of the enactment of this
Act and monthly thereafter, on the number of ATD program
violations in the prior month, broken out by area of
responsibility, type of violation, repeat violations, and any
enforcement consequences for violations.
ATD Referrals.--ICE shall consider enrollment referrals
from NGOs and community partners that are actively implementing
ICE's ATD programs that utilize case management. ICE shall
establish, with the consultation of relevant NGO and local
community partners, at ICE's discretion, criteria for such
referrals, guidelines for submission, and criteria for how ICE
will consider any such referrals for enrollment in ATD
programs. ICE shall submit a report to the Committees on
progress regarding these guidelines within 60 days of the date
of enactment of this Act and quarterly thereafter until the
guidelines are finalized. ICE shall submit an annual report on
the number of NGO referrals that are submitted and the number
of such referrals accepted into ATD programs that utilize case
management programs.
Custody Operations.--The agreement sustains the fiscal year
2022 detention capacity levels. Within 90 days of the date of
enactment of this Act, ICE shall brief the Committees on a
projected cost to secure an Independent Verification and
Validation (IV&V) of a detention capacity funding requirements
model to be used for resource planning for the current year,
budget year, and out-years. The review should address the
accuracy of projections of average daily population levels and
utilization rates for funded detention capacity; whether the
model clearly accounts for policy and external factors; and
whether the model is informed by projected border encounters.
ICE shall brief the Committees within 30 days of the date of
enactment of this Act and monthly thereafter on the detention
capacity, cost, and actual use associated with detention
contracts that do not have guaranteed minimum costs.
Detention and Solitary Confinement of Vulnerable/Special
Populations.--Within 15 days of the date of enactment of this
Act and quarterly thereafter, ICE shall report on a publicly
available website the number of individuals in vulnerable or
special populations in its physical custody for the preceding
quarter. At a minimum, the report shall include:
(1) a definition for vulnerable and special populations;
(2) the number of consecutive and cumulative days such
individuals were in detention or involuntary segregation
through isolation, solitary confinement, or protective custody;
(3) the basis for any use of involuntary segregation; and
(4) the process for and frequency of re-evaluating custody
decisions.
Within 90 days of the date of enactment of this Act, ICE
shall brief the Committees on the state of compliance with the
principles and standards of all ICE guidance related to
vulnerable populations, along with any necessary actions needed
to remediate deficiencies. The briefing should address the
number of facilities that are in compliance with such guidance;
their location; the number of available beds for vulnerable or
special populations; whether those beds are in a form of
involuntary segregation; and whether such facilities need
additional resources to ensure the health and safety of such
persons in their care and custody.
Juvenile Coordinators.--Within 60 days of the date of
enactment of this Act, and quarterly thereafter, ICE shall
brief the Committees on the status of regional juvenile
coordinators and young adults in the ICE system, and provide
updates on the IV&V, as previously directed.
Personal devices.--ICE shall brief the Committees, within
180 days of the date of enactment of this Act, on the potential
implications, pros/cons, and costs/savings associated with
allowing noncitizens in custody to retain or have access to
their personal cell phones while in custody.
Pregnant, Postpartum, and Lactating Women.--ICE is directed
to provide semiannual reports on the total number of pregnant,
postpartum, and lactating women in ICE custody, including
detailed justification of the circumstances warranting each
such detainee's continued detention and the length of
detention. These anonymized reports shall be made publicly
available on the ICE website.
Transportation and Removal Program (TRP).--TRP provides the
safe and secure transportation of noncitizens who are subject
to final orders of removal or require transfer within the
United States, which may ultimately include transportation to
the noncitizen's final destination if ICE determines in its
discretion that such transportation is necessary.
Within 60 days of the date of enactment of this Act, and
quarterly thereafter, ICE shall brief the Committees on its
existing contracts for all air, ground, and sea transportation
of noncitizens, including children and families. The briefing
shall include a description of the current total contracted
capacity, delineated by transportation type; average cost per
person for each type; contract options, where applicable;
contract costs, including actual daily, weekly, and monthly
costs; and comparisons of actual costs to initial projections
for the preceding quarter.
Unaccompanied Children (UC) Transferred from ORR.--Not
later than 30 days after the date of enactment of this Act and
quarterly thereafter, ICE shall brief the Committees on its
compliance with Garcia Ramirez, Et Al. v. ICE, Et Al. (No. CV
18-508 (RC)).
Mission Support
The agreement provides $8,657,000 above the request for
Mission Support and includes realignments among the three
Mission Support sub-PPAs based on technical assistance from the
Department. The total includes increases above the request of
$4,000,000 for a workforce staffing model IV&V; $2,500,000 for
the Office of Detention Oversight; $12,000,000 for body worn
cameras; $10,000,000 for increased legal access for non-
citizens in detention; and $583,000 for restoring a 2022
enhancement for the Office of Professional Responsibility. It
includes decreases from the request of: $7,917,000 for OPLA
augmentation efforts; $1,999,000 for event security logging;
$1,486,000 for ATD IT services; and $9,024,000 for mission and
administration support infrastructure.
Body Worn Cameras.--ICE shall use the results from its Body
Worn Camera pilot to develop guidance and policies for full
implementation across the agency. Within 90 days of the date of
enactment of this Act, ICE shall brief the Committees on the
draft guidance and policies for the pilot.
Fleet.--The agreement provides the requested amount for
vehicles, of which $1,000,000 is for the replacement and
maintenance of vehicles deployed overseas.
Improved Legal Resources.--The agreement provides
$10,000,000 above the request to the Civil Liberties Division
of the Office of Diversity and Civil Rights to improve law
libraries, update legal materials, provide online legal access,
expand video attorney visitation, and facilitate the secure
exchange of legal documents between noncitizens and their
counsel. ICE is directed to brief the Committees on an
expenditure plan for increased legal access within 60 days of
the date of enactment of this Act.
Office of Detention Oversight (ODO).--The agreement
provides $2,500,000 above the request to support additional,
unannounced inspections; to review compliance with each
detention standard not less than once every three years at each
facility; to expand ODO's oversight to facilities that detain
individuals for 72-hours or less; and to conduct reviews and
inspections of any special or short-term or emergency
facilities and programs.
Workload Staffing Model (WSM).--The agreement includes
$4,000,000 above the request to conduct an IV&V of the WSM,
which shall be performed by an organization that is
technically, managerially, and financially independent from ICE
and DHS. Not later than 90 days after the date of enactment of
this Act, ICE shall brief the Committees on the status of the
IV&V and the WSM, including how the WSM supports the
formulation of budget requests and is used in the development
and implementation of ICE's operational plan.
Office of the Principal Legal Advisor
The agreement provides the requested level of $402,314,000
for OPLA.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $22,997,000, $74,765,000 below the
request. ICE shall provide a detailed expenditure plan to the
Committees for each project, including the planned use of any
carryover balances of prior-year funding, within 30 days of the
date of enactment of this Act and provide plan updates as part
of its monthly operational and expenditure briefings. These
plans shall also include information on the operational
efficiencies and expanded capabilities that will result from
these investments.
Transportation Security Administration
OPERATIONS AND SUPPORT
The agreement reduces the request by a total of
$744,362,000. Increases above the request include $94,147,000
for exit lane staffing; $13,382,000 for the Personnel Futures
Program; $5,000,000 for acquisition support staffing; and
$4,000,000 for pipeline cybersecurity. Decreases below the
request are attributed to the implementation of personnel
system changes later in the fiscal year than proposed and
staffing increases that better reflect fiscal year 2023
requirements, as described below. The agreement includes
$22,300,000 for Credential Authentication Technology in the
PC&I account instead of in the O&S account, where the funding
had been proposed. The agreement also provides net zero
budgetary adjustments requested by TSA in technical assistance.
Exit Lane Staffing.--The agreement rejects the $94,147,000
decrease proposed in the President's fiscal year 2023 budget to
eliminate statutorily-required exit lane staffing. Within 120
days of the date of enactment of this Act, TSA shall provide a
report to the Committees on technological solutions to secure
exit lanes and the feasibility of implementing such solutions.
Federal Air Marshal Service (FAMS).--TSA shall continue to
submit semiannual reports at the appropriate level of
classification on FAMS mission coverage, staffing levels, and
hiring rates.
Hiring in Rural Communities.--Not later than 90 days after
the date of enactment of this Act, TSA shall provide a briefing
to the Committees on the challenges of recruiting and retaining
federal employees in non-contiguous and rural states, including
how TSA is addressing these challenges and the resources
identified for this purpose.
International Parental Child Abduction.--Within 120 days of
the date of enactment of this Act, TSA shall provide a report
to the Committees summarizing current frontline workforce
training requirements on recognizing and preventing
international parental child abduction.
On-Person Screening Algorithm Development.--The agreement
provides $18,700,000, as requested in the President's fiscal
year 2023 budget, to continue the development of an upgraded
algorithm to achieve lower alarm rates for the current Advanced
Imagining Technology fleet.
Passenger Screening Canine Teams.--Within 120 days of the
date of enactment of this Act, TSA shall brief the Committees
on its ongoing efforts to improve the effectiveness of
passenger screening canine teams.
Personnel System Changes.--The agreement provides
$397,619,000 to implement TSA personnel system initiatives in
fiscal year 2023, compared to $992,020,000 in the President's
budget request. Not later than 180 days after the date of
enactment of this Act, TSA shall provide a briefing to the
Committees on a detailed plan to effectively measure the impact
of these personnel system changes on TSO recruitment, hiring,
and retention.
Pipeline Cybersecurity.--The agreement provides $4,000,000
above the President's budget request for pipeline
cybersecurity, sufficient to meet the estimated fiscal year
2023 requirements for this activity when combined with
carryover funding from prior years. Not later than 90 days
after the date of enactment of this Act, TSA shall provide a
briefing to the Committees on an obligation plan for fiscal
year 2023 and actions taken to better plan for required funding
in future years.
Remote Screening Infrastructure (RSI).--Within 90 days of
the date of enactment of this Act, TSA shall provide a briefing
to the Committees detailing its partnership with the Science
and Technology Directorate on the RSI initiative. The briefing
shall include information on all remote screening evaluation
efforts, the feasibility of incorporating remote screening
infrastructure into screening environments, and an analysis of
any potential impacts on TSA staffing, security operations, and
the passenger experience.
Transportation Security Officer (TSO) Staffing.--The
agreement provides $60,638,000 for new TSO hiring. Within 90
days of the date of enactment of this Act, and monthly
thereafter, TSA shall provide a briefing on TSO staffing levels
using the most current payroll data available, combined with
commensurate passenger volume and wait-time data. TSA shall
ensure that future budget requests and briefings include a
detailed forecast of passenger volume in relation to requested
TSO staffing levels and specify projected operational
efficiencies and passenger experience improvements resulting
from the continued investment and deployment of new screening
technologies.
Visible Intermodal Prevention and Response (VIPR) Teams.--
The agreement partially rejects the $6,854,000 decrease for
VIPR as proposed in the President's fiscal year 2023 budget.
Within the funds provided for Surface Programs, the agreement
includes $800,000 for body worn cameras to ensure compliance
with Executive Order 14074, and $151,000 for increased VIPR law
enforcement training.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $22,300,000 above the request, which
reflects the realignment of Credential Authentication
Technology funding from the O&S account.
Computed Tomography (CT).--The agreement includes
$105,405,000, as proposed in the President's fiscal year 2023
budget, for the purchase and installation of approximately 108
CT machines for passenger checkpoints at the highest-risk
airports in the United States. TSA is directed to continue to
leverage innovative capabilities to improve threat detection.
Credential Authentication Technology (CAT).--Within 90 days
of the date of enactment of this Act, TSA shall provide a
report to the Committees detailing airports at which CAT is
currently deployed, airports at which CAT is not currently
deployed, and a plan for the full procurement and deployment of
CAT systems at all domestic airports.
Explosive Detection Systems (EDS).--TSA is directed to
provide quarterly briefings on its investment plans for
checkpoint security and EDS refurbishment, procurement, and
installation by airport location. These briefings shall include
information on specific technologies for purchase; program
schedules; major milestones; obligation schedules;
recapitalization priorities; status of operational testing for
each passenger screening technology under development; and a
table detailing actual unobligated balances versus those
anticipated at the close of the fiscal year.
These briefings shall also include details on checkpoint
screening pilot programs and public-private partnerships that
are in progress or being considered for implementation. For
each pilot program or public-private partnership, these
briefings shall also include a summary; a description of its
goals; potential capabilities and benefits of the program; the
airports where the pilots or partnerships will take place;
funding commitments; and plans for future expansion.
In addition, the briefing shall include detailed program
schedules for passenger screening technologies, including all
milestones from the issuance of a request for proposal to
deployment.
RESEARCH AND DEVELOPMENT
The agreement provides $33,532,000 as requested.
Innovation Task Force (ITF).--Within 120 days of the date
of enactment of this Act, TSA shall provide a briefing to the
Committees on how the funds provided for ITF will inform future
TSA budget requests.
Open Architecture.--Within 120 days of the date of
enactment of this Act, TSA shall provide a briefing to the
Committees on current developments of an established open
architecture framework for transportation security equipment.
The briefing shall include well-defined requirements and
standards, and detail existing workflows and interfaces across
the aviation security domain.
Coast Guard
OPERATIONS AND SUPPORT
The agreement provides an increase of $80,449,000 above the
request, including increases of $110,939,000 to maintain 2022
enhancements; $82,598,000 for increased fuel and energy costs;
$20,000,000 for the National Coast Guard Museum exhibits;
$5,000,000 to meet increased demand for the child care subsidy;
$5,000,000 for housing program investments; $2,500,000 for
military recruiting; $4,004,000 for other recruiting and
retention efforts; $3,600,000 to accelerate efforts to modify
the nine 140-foot Bay Class Icebreaking Tug berthings to
accommodate mixed gender crews; $1,900,000 for the operation,
maintenance, and transport of new hyperbaric chambers funded in
PC&I; and $275,000 for station redundancy adjustments.
The agreement includes reductions from the request,
including: $39,509,000 for the Atlantic Partnership;
$25,000,000 for the crewing of a commercially available
icebreaker; $21,611,000 to reflect updated pay assumptions;
$20,429,000 in NSC follow-on costs to reflect changes in the
NSC schedule; $6,756,000 for software follow-on costs;
$5,781,000 in Offshore Patrol Cutter (OPC) follow-on costs to
reflect changes in the OPC schedule; $3,807,000 for the
Operations and Strategy Development--Oceania program; and
$2,474,000 for innovation and commercial technology
initiatives.
In lieu of the requested contingency funding, the agreement
provides increased funding in the two Field Operations PPAs.
For the fiscal year 2024 budget justification, the Department
is expected to propose funding in the same sub-PPA structure.
Department of Defense (DOD) Cybersecurity Requirements.--
The Coast Guard shall brief the Committees within 120 days of
the date of enactment of this Act, on its compliance with DOD
information network requirements.
Interoperable Gateway System (IGS) Modernization.--The
Coast Guard is directed to explore the feasibility and value of
incorporating IGS technology into its operations and to brief
the Committees on the results of its assessment within 120 days
of the date of enactment of this Act.
Migrant Interdiction Effectiveness.--Within 90 days of the
date of enactment of this Act, the Coast Guard is directed to
brief the Committees on the key drivers of the drop in the
migrant interdiction effectiveness rate in the maritime
environment and any actions the Coast Guard is taking to
improve its effectiveness rate.
NSC Follow-On.--The agreement reduces the budget request
for NSC follow-on costs by $20,429,000 but fully funds the
requested military personnel follow-on costs.
OPC Follow-On.--The agreement reduces the budget request
for operations and maintenance costs of the second OPC by
$5,781,000 but fully funds the requested military personnel
follow-on costs.
Offshore Wind.--The Coast Guard and Department are
encouraged to collaborate with other public and private
stakeholders, including industry and labor groups, to support
offshore wind and supporting maritime infrastructure and to
work together to support the domestic workforce and vessel
inventory required to advance offshore wind technology.
Regional Programs.--The Coast Guard shall provide quarterly
briefings on the execution of funding provided for its
operations in various regions (including the Arctic Strategy
and Operations and the Oceania Operations and Strategy
Development initiatives funded in the agreement) beginning
within 180 days of the date of enactment of this Act.
Towing Vessel Inspection Fee.--The Coast Guard is directed
to brief the Committees on the status of the rulemaking and
implementation of new user fees within 60 days of the date of
enactment of this Act.
Unfunded Priorities List (UPL).--The Coast Guard is
directed to provide a list of approved but unfunded Coast Guard
priorities and the associated funding needs for each priority
to the Committees at the time of the fiscal year 2024 budget
request submission.
Unmanned Surface Vehicles (USV).--The agreement directs the
Coast Guard to provide a report on its research and development
activities related to USVs, including an evaluation of wind and
solar powered vessels with surface and subsurface capabilities,
within 90 days of the date of enactment of this Act. The Coast
Guard shall update the Committees on the findings of its
research as they become available.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides an increase of $14,800,000 above the
request, including $46,000,000 for the economic price
adjustment costs of Fast Response Cutters (FRCs) funded in
prior years; $56,000,000 for eight new MH-60T helicopter hulls;
$12,000,000 for heavy weather boats; $10,000,000 for the Vessel
Traffic System modernization and Command and Control
Modernization efforts; $7,800,000 for hyperbaric recompression
chambers; $75,000,000 for the Polar Security Cutter
(PSC) homeport in Seattle; $10,000,000 for phase 3 of the
family housing project at Fort Wadsworth-Sector New York;
$10,000,000 for Air Station Barbers Point hangar project;
$105,000,000 for the Kodiak pier project for OPCs and FRCs; and
$35,000,000 for construction and expansion of Coast Guard child
development centers. Reductions from the request include:
$125,000,000 for a commercially available ice breaker;
$120,000,000 from the PSC program and $107,000,000 from the OPC
program.
Coast Guard Yard Resilient Infrastructure and Construction
Improvement.--The Coast Guard should dedicate funding to
facility upgrades needed to improve the resilience of the Coast
Guard Yard and associated infrastructure, as well as any other
shore infrastructure maintenance and capital improvement
projects.
Commercially Available Icebreaker.--The agreement does not
include the requested funding for the acquisition of a
commercially available polar icebreaker.
Domestic Content.--To the maximum extent practicable, the
Coast Guard is directed to utilize components that are
manufactured in the United States when contracting for new
vessels, including auxiliary equipment, such as pumps for
shipboard services; propulsion equipment, including engines,
reduction gears, and propellers; shipboard cranes; and
spreaders for shipboard cranes.
Fleet Mix Analysis.--The Coast Guard is directed to provide
an update to the Committees on the analysis required in
division F of the Joint Explanatory Statement accompanying
Public Law 117-103 within 60 days of the date of enactment of
this Act. The analysis should include all classes of vessels,
including those with missions that might not have a direct
bearing on the workload of other vessel classes.
Full-Funding Policy.--Consistent with congressional
direction in prior years, the Coast Guard shall be exempt from
any acquisition policy that requires an appropriation for the
total acquisition cost for a vessel, including long lead time
materials (LLTM), production costs, and postproduction costs,
before a production contract can be awarded.
Funded Projects.--The Coast Guard is directed to
expeditiously notify the Committees regarding cost increases,
executability concerns, and any other issues that may increase
the risk profile of planned and funded acquisitions.
Heavy Weather Boats.--The agreement includes $12,000,000
above the request to replace heavy weather boats that have been
taken out of service.
NSC Program.--The agreement provides the requested
$60,000,000 for the NSC program to support post-delivery
activities to missionize and operationalize NSCs 10 and 11.
OPC.--The agreement includes $543,000,000, which is
$107,000,000 below the request, for the construction of the
fifth OPC and LLTM for the sixth OPC. No funding is provided
for hull form licenses or training aids.
PSC.--The agreement includes $42,000,000 for the program
management costs of a third PSC.
Quarterly Acquisition Briefing.--The Coast Guard shall
continue to brief the Committees quarterly on all major
acquisitions, with a particular focus on the costs and
schedules of the NSC, OPC, and PSC programs. In addition, the
Coast Guard shall brief the Committees at least one week prior
to taking procurement actions that will significantly impact
the costs of these acquisition programs.
Waterways Commerce Cutter (WCC).--The agreement includes
$77,000,000, as requested, for the recapitalization of the
nation's inland tenders and barges. The Coast Guard shall
maintain consistent oversight of the procurement process
including adherence to the small business set aside arrangement
throughout the duration of the program.
Aircraft
MH--60T Fleet.--The agreement includes $56,000,000 above
the request for eight new MH-60T helicopter hulls to accelerate
the rotary wing fleet transition.
Other Acquisition Programs
The agreement includes $17,800,000 above the request,
including $7,800,000 for hyperbaric recompression chambers and
$10,000,000 for the Vessel Traffic System modernization and
Command and Control Modernization efforts.
Shore Facilities and Aids to Navigation
The agreement includes $235,000,000 above the request for
several projects from the Coast Guard's UPL including
$75,000,000 for the PSC homeport in Seattle; $10,000,000 for
phase 3 of the family housing project at Fort Wadsworth-Sector
New York; $10,000,000 for Air Station Barbers Point hangar
project; $105,000,000 for the Kodiak pier project for OPCs and
FRCs; and $35,000,000 for construction and expansion of Coast
Guard Child Development Centers.
United States Secret Service
OPERATIONS AND SUPPORT
The agreement provides $100,671,000 above the request,
including $11,000,000 for increased travel expenses;
$32,800,000 for protection of protectees; $11,700,000 for
increased National Special Security Event (NSSE) support;
$2,500,000 for the National Threat Assessment Center (NTAC);
$2,600,000 for increased campaign support; $38,270,000 to
continue and expand training in computer forensics by the
National Computer Forensics Institute (NCFI); $5,000,000 for
Cyber Fraud Task Force (CFTF); and $8,801,000 for permanent
change of station requirements. Additionally, the agreement
includes a net realignment of $18,000,000 from O&S to PC&I
compared to the request, based on technical assistance from the
Secret Service.
Within the total amount provided, the bill makes
$52,296,000 available until September 30, 2024, including
$1,675,000 for international operations; $12,880,000 for the
James J. Rowley Training Center; $15,241,000 for Operational
Mission Support; $18,000,000 for protective travel; and
$4,500,000 for NSSEs.
CFTF.--The agreement includes $5,000,000 above the request
to help provide the modern investigative capabilities necessary
for combating the rise in transnational crimes under the
jurisdiction of USSS. The USSS shall ensure funds are evenly
distributed among the Secret Service's Field Divisions for
necessary mobile forensic technology upgrades. Not later than
120 days after the date of enactment of this Act, USSS is
directed to provide a briefing on the efforts of the CFTF,
including the current state of the program and any future needs
to ensure the task forces remain prepared for evolving cyber
threats.
Presidential Limousine.--USSS is directed to provide annual
updates on acquisition contract progress, including contract
performance in meeting delivery deadlines.
Secret Service Overtime.--Not later than 30 days after the
date of enactment of this Act, USSS is directed to provide data
to the Committees for the previous calendar year on personnel
who received supermax pay, disaggregated by position, title and
pay grade, years of federal service at USSS, total years of
service with the Federal Government, and total salary,
delineated by base, overtime, and supermax pay. USSS shall
ensure that all privacy-related laws are followed as a part of
this data reporting requirement. Beginning with the fiscal year
2025 budget request, this information should be included in the
justification materials that accompany budget submissions.
Support for NCFI.--The agreement includes $45,526,000 to
continue training in computer forensics and academic
certification at NCFI and $23,000,000 to repurpose and renovate
existing NCFI facilities to accommodate the ongoing growth of
the program. These resources are critical to bolstering state
and local cyber capabilities and supporting USSS CFTF. NCFI
shall continue to prioritize the training needs of SLTT law
enforcement personnel and legal and judicial professionals in
computer forensics and cyber investigations.
Strategic Human Capital Plan.--The agreement directs the
USSS, in coordination with the Department's Chief Human Capital
Officer (CHCO), to annually evaluate the 5-year strategic human
capital plan to assess progress in meeting identified
benchmarks and goals. The USSS and the CHCO shall also brief
the Committees not less than bi-annually on progress in
achieving plan benchmarks and goals.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $18,000,000 above the request for a
net realignment from O&S based on technical assistance provided
by the Secret Service.
TITLE II--ADMINISTRATIVE PROVISIONS
Section 201. The agreement continues a provision regarding
overtime compensation.
Section 202. The agreement continues a provision allowing
CBP to sustain or increase operations in Puerto Rico and the
U.S. Virgin Islands with appropriated funds.
Section 203. The agreement continues a provision regarding
the availability of passenger fees collected from certain
countries.
Section 204. The agreement continues a provision allowing
CBP access to certain reimbursements for preclearance
activities.
Section 205. The agreement continues a provision regarding
the importation of prescription drugs from Canada.
Section 206. The agreement continues a provision regarding
the waiver of certain navigation and vessel-inspection laws.
Section 207. The agreement continues a provision preventing
the establishment of new border crossing fees at LPOEs.
Section 208. The agreement continues and modifies a
provision requiring the Commissioner of CBP to submit an
expenditure plan for funds made available under the heading,
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
Section 209. The agreement continues a provision
prohibiting the construction of border security barriers in
specified areas.
Section 210. The agreement continues a provision on vetting
operations at existing locations.
Section 211. The agreement includes a new provision that
provides for a grant for the purposes of providing shelter and
other services.
Section 212. The agreement continues a provision that
describes the use of funds provided under the heading, ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements''.
Section 213. The agreement continues a provision
prohibiting the use of funds provided under the heading, ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to continue a delegation of authority under the 287(g) program
if the terms of an agreement governing such delegation have
been materially violated.
Section 214. The agreement continues a provision
prohibiting the use of funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support''
to contract with a facility for detention services if the
facility receives less than ``adequate'' ratings in two
consecutive performance evaluations and requires that such
evaluations be conducted by the ICE OPR.
Section 215. The agreement continues a provision allowing
the Secretary to reprogram funds within and transfer funds to
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to ensure the detention of noncitizens prioritized
for removal.
Section 216. The agreement continues a provision that
requires ICE to provide statistics about its detention
population.
Section 217. By reference, the agreement continues
provisions related to information sharing and on reporting
under the 287(g) program.
Section 218. The agreement continues a provision clarifying
that certain elected and appointed officials are not exempt
from federal passenger and baggage screening.
Section 219. The agreement continues a provision directing
TSA to deploy explosives detection systems based on risk and
other factors.
Section 220. The agreement continues a provision
authorizing TSA to use funds from the Aviation Security Capital
Fund for the procurement and installation of explosives
detection systems or for other purposes authorized by law.
Section 221. The agreement continues and modifies a
provision requiring TSA to provide a report that includes the
Capital Investment Plan, the five-year technology investment
plan, and information on Advanced Integrated Passenger
Screening Technologies.
Section 222. The agreement continues and modifies a
provision relating to a pilot program for screening outside an
existing primary passenger terminal screening area.
Section 223. The agreement continues a provision
prohibiting funds made available by this Act under the heading,
``Coast Guard--Operations and Support'' for recreational vessel
expenses, except to the extent fees are collected from owners
of yachts and credited to this appropriation.
Section 224. The agreement continues a provision under the
heading, ``Coast Guard--Operations and Support'' allowing up to
$10,000,000 to be reprogrammed to or from Military Personnel
and between the Field Operations funding subcategories.
Section 225. The agreement continues a provision requiring
the Commandant of the Coast Guard to submit a future-years
capital investment plan.
Section 226. The agreement continues a provision related to
the reallocation of funds for certain overseas activities.
Section 227. The agreement continues a provision
prohibiting funds to reduce the staff or mission at the Coast
Guard's legacy Operations Systems Center.
Section 228. The agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 229. The agreement continues a provision allowing
the use of funds to alter, but not reduce, operations within
the Civil Engineering program of the Coast Guard.
Section 230. The agreement continues a provision allowing
for use of the Coast Guard Housing Fund.
Section 231. The agreement continues a provision related to
towing vessel fees.
Section 232. The agreement continues a provision allowing
the Secret Service to obligate funds in anticipation of
reimbursement for personnel receiving training.
Section 233. The agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into a
reimbursable agreement for such protection services.
Section 234. The agreement continues a provision allowing
the reprogramming of funds provided under the heading, ``United
States Secret Service--Operations and Support''.
Section 235. The agreement continues a provision allowing
funds provided under the heading, ``United States Secret
Service--Operations and Support'' to be available for travel of
employees on protective missions without regard to the
limitations on such expenditures.
Section 236. The agreement includes a new provision
providing for a grant or cooperative agreement for certain
existing facilities used by the USSS.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
OPERATIONS AND SUPPORT
The agreement includes a net increase of $388,946,000 above
the budget request, as described in further detail below. The
agreement also includes one-time reductions to account for
projected under-execution of payroll-related funding; such
reductions are not intended to impact CISA's table of
organization but rather, to reflect that hiring all
congressionally funded positions will require additional time.
Of the total amount provided for this account, $36,293,000
is available until September 30, 2024, for the National
Infrastructure Simulation Analysis Center (NISAC).
Industry Outreach.--To allow CISA and industry to have
meaningful discussions about cybersecurity capabilities,
challenges, and technologies, as well as future business
opportunities, CISA is directed to hold quarterly outreach
sessions with a broad array of small, mid-size, and large cyber
security businesses. In addition, CISA shall regularly provide
additional engagement opportunities for both small group and
one-on-one industry sessions. CISA shall provide a briefing to
the Committees within 90 days of the date of enactment of this
Act that details the level of participation, materials shared
with industry, and a timeline for future engagements.
Quarterly Budget and Staffing Briefings.--The agreement
includes a provision to require that the Director of CISA (or
the Director's designee) provide the Committees quarterly
expenditure plan, budget execution, and staffing briefings,
consistent with the requirement in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103). The provision reduces the amounts for CISA Operations and
Support by $50,000 for each day after the respective due dates
that the briefings for the first three quarters have not been
provided to the Committees; and directs that any such
reductions come from the Management and Business Activities
PPA.
Cybersecurity
The agreement includes a net increase of $210,241,000 above
the budget request, including $164,819,000 to sustain fiscal
year 2022 enhancements; $23,476,000 to implement requirements
of the Cyber Incident Reporting for Critical Infrastructure Act
of 2022 (CIRCIA) (Public Law 117-103); and $51,400,000 in
enhancements that are described in more detail below. The
agreement realigns $650,000 and 3 FTE from CISA's Joint Cyber
Defense Collaborative (JCDC) to CISA's Office of Strategy,
Policy, and Plans (SPP) to host the Program Management Office
(PMO) for Sensitive Source Reporting Programs. The agreement
includes a one-time reduction of $21,877,000 below the request
for projected under-execution of funding for staffing and
$6,927,000 below the request for requested enhancements already
funded in the sustainment of fiscal year 2022 enhancements.
Accreditation of Third-Party Cybersecurity Service
Providers.--CISA shall examine the feasibility of developing
standardized requirements for and accreditation of third-party
cybersecurity service providers for federal agencies, SLTT
governments, and critical infrastructure organizations,
including vulnerability assessment and incident response
providers. Not later than 120 days after the date of enactment
of this Act, CISA shall brief the Committees on the results of
this analysis, which shall include any necessary additional
legal authorities required to execute such functions.
Critical Infrastructure Cybersecurity Shared Services Pilot
Program.--The agreement provides $15,000,000 above the request
for the development of a pilot program to make available
scalable, commercial cybersecurity shared services that
critical infrastructure entities can utilize to detect and
prevent cybersecurity threats and more effectively mitigate
vulnerabilities, as described in House Report 117-396.
Cyber Defense Education and Training (CDET).--The agreement
provides $17,300,000 above the request to support CDET,
including $5,000,000 for continuing the Federal Cyber
Reskilling Academy; $2,500,000 for continuing the National
Initiative for Cybersecurity Education (NICE); $3,000,000 for
the development of non-traditional training providers (NTTP) in
cyber workforce development; and $6,800,000 for continuing
investments in cybersecurity education programs targeting
kindergarten through the 12th grade (K-12), including the
Cybersecurity Education and Training Assistance Program
(CETAP). CETAP and NTTP funding may be executed as grants or
cooperative agreements, as needed.
CISA shall provide a briefing to the Committees not later
than 90 days after the date of enactment of this Act regarding
efforts to implement the interagency cybersecurity training and
education strategy developed in fiscal year 2022, to include an
update on CISA's cybersecurity education and training programs.
CISA is also directed to continue its commitment to the NICE
Challenge Project and shall brief the Committees not later than
90 days after the date of enactment of this Act on its planned
activities regarding this project.
Cyber Threat Indicators.--The agreement provides $7,100,000
above the budget request level for a collaborative analysis of
cyber threat indicators, including $6,740,000 within the Threat
Hunting PPA and $360,000 within the Operations, Planning, and
Coordination PPA, to expand CISA's capacity and capabilities
related to data collection and statistical analyses.
Cyber Threat Intelligence Shared Service Offering.--The
agreement provides $2,500,000 above the request to enable CISA
to continue efforts funded in fiscal year 2022 to enhance its
cyber threat intelligence ``as-a service'' capabilities through
CISA's Cybersecurity Shared Services Office (CSSO).
Data Security Vulnerability Improvements.--Not later than
180 days after the date of enactment of this Act, the Secretary
shall submit a report that examines existing security
vulnerabilities of Federal Civilian Executive Branch (FCEB)
government IT systems. The report shall include an examination
of emerging technologies that could improve the government's
data security and protection, such as data shielding and
immutable logging of suspect activity; instant threat and
anomaly detection mechanisms; and user behavior analytics. This
report may be submitted in a classified format, if necessary,
along with an unclassified summary of findings.
Evaluating Expansion of CSSO Support.--The recommendation
required under this heading in House Report 117-396 shall be
due to the Committees not later than 240 days after the date of
enactment of this Act.
Evaluating Federal Cybersecurity Planning and Strategy.--
CISA is reminded of the requirement under this heading in the
explanatory statement accompanying the fiscal year 2022 funding
Act that is due annually within 60 days of the submission of
the President's annual budget request.
Federal Network Resilience, Hardening Critical
Infrastructure and SLTT Attack Surfaces.--CISA is directed to
expand its attack surface visibility and national vulnerability
incident response to improve situational awareness of internet-
accessible attack surfaces related to non-federal, critical
infrastructure, and SLTT networks. Accordingly, the agreement
provides $67,714,000 above the request to restore proposed cuts
to and sustain efforts funded in fiscal year 2022 for attack
surface management and federal vulnerability response, and
provides an additional $6,000,000 to add non-federal, critical
infrastructure, and SLTT networks to the portfolio.
Joint Cyber Defense Collaborative (JCDC).--In addition to
providing $16,995,000 above the request in the Operational
Planning and Coordination PPA to sustain fiscal year 2022
enhancements for the JCDC, the agreement provides $14,728,000,
as requested, to further expand the JCDC's capabilities, of
which $2,604,000 is to support the Joint Cyber Coordination
Group.
Further, the agreement provides $300,000 above the budget
request to mature and expand CISA's existing relationship with
the Health Information Sharing and Analysis Center and related
entities that help mitigate risk to our healthcare
infrastructure, along with all other sectors and ISACs.
Multi-State Information Sharing and Analysis Center (MS-
ISAC).--The agreement provides not less than $43,000,000 to be
awarded to the MS-ISAC to sustain and continue to expand and
invest in the program's capabilities and expertise, to include:
(1) SLTT election security support via the Election
Infrastructure Information Sharing and Analysis Center;
(2) mis- and disinformation mitigation capabilities;
(3) enhanced support and additional licenses for Endpoint
Detection and Response;
(4) expanded malicious domain activity blocking and
reporting services;
(5) expansion of the MS-ISAC cyber incident response team
and its capabilities;
(6) additional Albert sensors;
(7) additional services, including Managed Email Security,
Security Orchestration Automation and Response, Web Application
Firewall, and the SLTT Critical Infrastructure Baseline
Security program;
(8) continuing a National Prevention Pilot to provide an
unclassified Unified Threat Management service for election and
SLTT partners;
(9) improving threat intelligence and data retention and
storage capabilities; and
(10) allowing additional SLTT members to receive MS-ISAC
services.
Private Sector Engagement on Cyber Training.--The briefing
required under this heading in House Report 117-396 shall be
due to the Committees not later than 60 days after the
completion of the National Cyber Workforce Strategy report.
Protective Domain Name Service (DNS).--The agreement
provides $15,000,000 above the request to continue support for
the operation of a centralized federal DNS egress service.
Ransomware.--Within 180 days of the date of enactment of
this Act, CISA shall provide a briefing to the Committees on
the factors that left the United States vulnerable to any
ransomware attack on critical infrastructure over the last year
and CISA's efforts to raise awareness of the threat of
ransomware and activities to reduce the impact of ransomware
attacks.
State Courts Electronic Data.--CISA is directed to continue
its ongoing partnership with MS--ISAC to expand outreach to the
state courts through national level associations to drive
participation and understanding of services available to
prevent, protect against, and respond to cyber-attacks on state
court electronic data systems.
Threat Hunting.--Not later than 60 days after the date of
enactment of this Act, CISA shall provide a report to the
Committees on the total capacity of threat hunting and incident
response capability it has developed, using a metric by which
its ability to respond to the severity and quantity of
incidents can be measured.
Infrastructure Security
The agreement includes a net increase of $26,890,000 above
the budget request, including $28,219,000 to sustain fiscal
year 2022 enhancements; $2,520,000 to restore the proposed cut
to the Infrastructure Assessments and Analysis Program; and
$12,064,000 in enhancements that are described in more detail
below. The agreement includes a one-time reduction of
$12,000,000 below the request for projected under-execution of
funding for staffing and $3,913,000 below the request for a
requested increase to implement exercise-related provisions of
the Fiscal Year 2021 National Defense Authorization Act that
are already funded in the sustainment of fiscal year 2022
enhancements.
Bomb Disposal Technician Training and Technology Training
Events (TTEs).--The agreement provides $2,000,000 above the
request for the Office for Bombing Prevention, as described in
House Report 117-396. Not later than 120 days after the date of
enactment of this Act, CISA and the Federal Bureau of
Investigation (FBI) Hazardous Devices School (HDS) shall
provide a briefing to the Committees that outlines a strategy
for ensuring that guidance, intelligence products, training
curricula, and capability assessments provided to the Public
Safety Bomb Technician community follow standardized
terminology, as well as tactics, techniques, and procedures.
The briefing shall include a description of authorities, roles,
and responsibilities of all relevant federal government
stakeholders, including any impacts of resources at CISA and
the FBI.
National Cyber Exercise Program (NCEP).--In furtherance of
section 1547 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), the agreement provides
$6,500,000 above the request for CISA to execute its role as
the NCEP administrator.
School Safety.--The agreement provides $3,564,000 above the
request to allow CISA to expand its school safety services and
product offerings. Not later than 180 days after the date of
enactment of this Act, CISA shall provide a briefing to the
Committees on its strategy and plans to address the wide range
of complex and evolving threats to the nation's schools, both
cyber and physical. The briefing shall reflect the consultation
requirements set forth in 2220D of the Homeland Security Act of
2002 (6 U.S.C. 665K), including the Departments of Education,
Justice, and Health and Human Services, and education,
disability, and civil rights stakeholders. Further, the
briefing shall include a breakout of the funding and staffing
resources dedicated to these efforts and information on how
CISA plans to prioritize evidence-based resources and
strategies that help foster safe, inclusive, and positive
school climates that support the social, emotional, and mental
well-being of students alongside their physical safety.
Emergency Communications
The agreement includes an increase of $28,336,000 above the
budget request, including $22,482,000 to sustain fiscal year
2022 enhancements; $3,854,000 to restore the proposed cut to
the Interoperable Communications Technical Assistance Program;
and $2,000,000 in enhancements that are described in more
detail below.
Cyber Resilient 911 (CR911) Ecosystem.--In lieu of the
requirement under the heading, ``Resilient Next Generation 911
(NG911) Ecosystem'' in House Report 117-396, CISA shall include
the CR911 program in its quarterly expenditure plan and budget
briefings described above.
First Responder Emergency Medical Communications.--The
agreement provides $6,000,000 above the request--$2,000,000
above the fiscal year 2022 level--for CISA to administer and
expand competitive grants for SLTT merit-based demonstration
projects and technical assistance offerings that aid in the
implementation of the National Emergency Communications Plan
through innovative approaches to interoperable emergency
medical communications in rural areas to enhance public safety
communications.
Integrated Operations
The agreement includes a net increase of $38,517,000 above
the budget request, including $34,032,000 to sustain fiscal
year 2022 enhancements; $5,869,000 to implement requirements of
CIRCIA; and $7,216,000 to restore the proposed cut to chemical
security inspections based on unexplained efficiencies that
would result in fewer inspections of regulated chemical
facilities throughout the fiscal year. The agreement includes a
one-time reduction of $8,600,000 below the request for
projected under-execution of funding for staffing.
State Cybersecurity Coordinators.--Not later than 60 days
after the date of enactment of this Act, CISA shall provide a
briefing to the Committees detailing its plan and schedule to
hire all vacant state cybersecurity coordinator positions. CISA
shall also include recommendations to the Committees on
additional resources state cybersecurity coordinators need to
assist state, local, and tribal governments enhance their cyber
defenses.
Risk Management Operations
The agreement includes a net increase of $44,107,000 above
the budget request, including $43,338,000 to sustain fiscal
year 2022 enhancements; $700,000 to implement requirements of
CIRCIA; and $6,869,000 to restore the proposed cut to the
NISAC. The agreement includes a one-time reduction of
$6,800,000 below the request for projected under-execution of
funding for staffing.
Continuity of the Economy Plan.--The agreement provides
$349,000 above the request for the continued development of a
Continuity of the Economy Plan, as required by section 9603 of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283).
National Risk Management Center (NRMC).--Not later than 60
days after the date of enactment of this Act, CISA shall
provide a briefing to the Committees on the strategic direction
of the NRMC. The briefing shall also include an update on
CISA's national critical functions analytic capabilities, along
with any applications of these capabilities in fiscal year 2022
and the status and prioritization of ongoing analyses and
modeling.
Stakeholder Engagement and Requirements
The agreement includes a net increase of $14,388,000 above
the budget request, including $16,198,000 to sustain fiscal
year 2022 enhancements; $700,000 to implement requirements of
CIRCIA; and $1,890,000 in enhancements that are described in
more detail below. The agreement includes a one-time reduction
of $4,400,000 below the request for projected under-execution
of funding for staffing.
Systemically Important Entities (SIE) Outreach and
Engagement Support.--The agreement provides $1,890,000 above
the request to support agency-wide efforts to engage with and
support SIEs, as described in House Report 117-396.
Mission Support
The agreement includes a net increase of $26,467,000 above
the budget request, including $16,618,000 to sustain fiscal
year 2022 enhancements; $3,755,000 to implement requirements of
CIRCIA; and $11,620,000 in enhancements that are described in
more detail below. The agreement realigns $650,000 and 3 FTE
from the JCDC to SPP, as described above. The agreement
includes $6,176,000 below the request for requested
enhancements for procurement operations already funded in the
sustainment of fiscal year 2022 enhancements.
Cybersecurity Insurance and Data Analysis Working Group.--
In lieu of direction provided under these headings in House
Report 117-396, CISA shall provide a briefing to the
Committees, not later than 90 days after the date of enactment
of this Act, on the status of establishing a public-private
cybersecurity insurance and data analysis working group, as
described in House Report 117-87.
Mission Support Requirements.--The agreement provides
$10,500,000 above the request, of which $8,000,000 is for
Management and Business Activities for resource planning and to
improve internal controls, with a focus on hiring and budget
planning, execution, and reporting; and of which $2,500,000 is
for Strategy, Policy, and Plans to increase its capacity to
address CISA's expanding and evolving mission.
Talent Management Mission Support.--The agreement provides
$1,120,000 above the request for additional personnel to
support hiring and talent management programs, including
through the accelerated implementation of the Cyber Talent
Management System.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
Cybersecurity
Continuous Diagnostics and Mitigation (CDM).--The agreement
provides $331,896,000 for CDM, as requested. CISA is directed
to continue evaluating the use of automation to replace manual
software patch remediation methods, as described in House
Report 117-396. CISA shall provide a briefing to the Committees
on the findings of the evaluation within 30 days of the
completion of the evaluation.
National Cybersecurity Protection System (NCPS).--The
agreement provides $91,193,000 for NCPS, including $1,000,000
above the request to enhance the protection of federal networks
and expand CISA's ability to coordinate and execute defenses
against nation-state threats and mitigate critical
vulnerabilities.
Threat Hunting.--The agreement provides $31,000,000 for
threat hunting, of which $28,000,000 is for CyberSentry,
$3,000,000 above the request. Not later than 30 days after the
date of enactment of this Act, CISA shall provide a briefing to
the Committees on the additional capacity it will achieve in
fiscal year 2023.
RESEARCH AND DEVELOPMENT
Risk Management
Technology Development and Deployment Program (TDDP).--The
agreement provides $3,500,000 above the request for the TDDP.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The agreement provides $1,448,000 above the request,
including $1,000,000 for administration of the Next Generation
Warning System; $9,193,000 for Integrated Public Alert and
Warning System; $2,000,000 for National Continuity Readiness
Implementation; $2,426,000 for the FEMA Strategic Program;
$305,000 for the Emergency Management Accreditation Program;
$370,000 for the Certified Emergency Manager Program;
$3,000,000 for the FEMA Operations Center; $3,200,000 for the
Administration of Community Project Funding/Congressionally
Directed Spending grants; $350,000 to reject the proposed cut
to administration of Alternatives to Detention Case Management;
$3,010,000 for the transfer of Volunteer Force into FEMA;
$632,000 to reject the proposed transfer of the Office of Faith
and Neighborhood Partnerships; $6,697,000 to reject the
proposed realignment of Defense Production Act activities;
$1,600,000 for Continuity Communications Equipment; $1,000,000
for the Deployable Cellular Communications System; $7,500,000
for post disaster technical assistance to insular areas; and
$32,000 above the request to sustain fiscal year 2022
enhancements.
Funding below the request includes reductions of $400,000
for Human Capital Systems; $4,500,000 for Regional Response
Coordination Center Modernization; $1,622,000 for Mobile
Emergency Office Vehicles (MEOVs); and $900,000 for the privacy
organization program. The agreement also includes a reduction
of $32,464,000 for one-time reductions to account for projected
under-execution of payroll-related funding and net zero
technical adjustments among PPAs requested by FEMA, including
the realignment of the Enterprise Cybersecurity activity and an
associated $982,000 out of O&S to the Disaster Relief Fund
base.
Advanced Modeling and 3D Technology.--Within 180 days of
the date of enactment of this Act, the Office of Response and
Recovery (OR&R) is directed to brief the Committees on the
benefits and feasibility of integrating hi-resolution imagery
and three-dimensional simulation capabilities into its
emergency response tools, the steps OR&R is taking to execute
such integration (including partnerships with industry), and
how these steps could expedite Federal disaster declarations by
the President.
Building Resilient Infrastructure and Communities (BRIC).--
Within 60 days of the date of enactment of this Act and
quarterly thereafter, FEMA shall brief the Committees on the
status of BRIC implementation, including projected funding
levels; a description of how stakeholder views, including those
of local governments, are incorporated into program operation;
and details about how FEMA is addressing stakeholder concerns
regarding limited feedback from FEMA to unsuccessful applicants
and regarding the geographic distribution of grants.
Within 180 days of the date of enactment of this Act, FEMA
is directed to brief the Committees on plans for addressing how
the BRIC technical scoring process takes into consideration the
unique circumstances of many local municipalities, such as the
level of government with responsibility for building code
adoption and enforcement.
Dam Removal Coordination.--Within 60 days of the date of
enactment of this Act, FEMA, in consultation with the U.S. Fish
and Wildlife Service, shall submit a plan to increase inter-
agency coordination on dam removal and related flood map
updates, including a timeline for plans to update flood maps of
states where dam removals have taken place within the past 10
years.
Emergency Management Assistance Compact.--The agreement
provides $2,000,000 in the Response and Recovery PPA for the
Emergency Management Assistance Compact.
Interagency Coordination.--Within 90 days of the date of
enactment of this Act, FEMA and the U.S. Department of Housing
and Urban Development (HUD) are directed to brief the
Committees on:
(1) efforts to improve data sharing and integration;
(2) how such efforts are staffed, coordinated, and
monitored to ensure continual progress;
(3) how such efforts can reduce redundant and burdensome
data collection from survivors;
(4) known challenges and barriers to advancing FEMA-HUD
data sharing;
(5) safeguards in place to protect survivor privacy; and
(6) key lessons learned from prior efforts.
National Dam Safety Program.--The agreement provides not
less than $9,657,000 in the Mitigation PPA for the National Dam
Safety Program.
National Earthquake Hazards Reduction Program.--The
agreement provides not less than $8,517,000 in the Mitigation
PPA for the National Earthquake Hazards Reduction Program.
National Inventory of Dams.--FEMA is directed to ensure the
maintenance and reliable operation of national decision support
tools that generate flood inundation maps and other products to
support the goals of dam safety.
New Programs and Initiatives.--FEMA is directed to brief
the Committees prior to implementing significant new programs
or initiatives, with sufficient time allowed for appropriate
feedback and oversight.
Small and Rural Water and Waste Water Systems.--FEMA is
directed to provide a briefing, within 60 days of the date of
enactment of this Act, outlining a plan and the resources
necessary (by state) to assist water and wastewater utilities
that lack financial resources and capacity to address emergency
preparedness and response activities in the Gulf of Mexico
coastal states.
Technical Assistance for Insular Areas.--The agreement
provides $7,500,000 for post-disaster technical assistance for
insular areas, as authorized by 42 U.S.C. 5204b. FEMA is
directed to brief the Committees prior to implementing this
program.
Technical Hazards Preparedness and Training.--Within 60
days of the date of enactment of this Act, FEMA shall brief the
Committees on a plan to implement technical hazards
preparedness and training, to include an estimate of the
resources required to offer this nationwide.
Underserved Communities.--Within 60 days of the date of
enactment of this Act, FEMA shall brief the Committees on its
efforts to implement the requirements of Executive Order 13985
and the measurable outcomes related to such implementation.
Urban Search and Rescue (US&R).--Within 60 days of the date
of enactment of this Act, FEMA shall brief the Committees on
the US&R program to understand how previously provided funds
have been utilized.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes an increase of $17,411,000 above the
request, including $3,000,000 for the National Warning System;
$8,400,000 for the Integrated Public Alert and Warning System;
and $10,411,000 for construction, facilities, and asset
improvement projects at the Mount Weather Emergency Operations
Center. No funding is provided for Mobile Emergency Office
Vehicles.
FEDERAL ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes an increase of $351,525,000 above
the budget request, not including funding transferred from the
Office of the Secretary and Executive Management for targeted
violence and terrorism prevention grants and an Alternatives to
Detention case management pilot program, or funds transferred
from U.S. Customs and Border Protection for a Shelter and
Services Program. The amount provided for this appropriation by
PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Final Bill
------------------------------------------------------------------------
Federal Assistance Grants
State Homeland Security Grant $616,186,000 $520,000,000
Program......................
(Operation Stonegarden)....... (90,000,000) (90,000,000)
(Tribal Security Grants)...... (15,000,000) (15,000,000)
(Non-profit Security)......... (180,000,000) - - -
Urban Area Security Initiative 711,184,000 615,000,000
(Non-profit Security)......... (180,000,000) - - -
Non-Profit Security Grants.... - - - 305,000,000
Public Transportation Security 100,000,000 105,000,000
Assistance...................
(Amtrak Security)............. (10,000,000) (10,000,000)
(Over-the-Road Bus Security).. (2,000,000) (2,000,000)
Port Security Grants.......... 100,000,000 100,000,000
Assistance to Firefighter 370,000,000 360,000,000
Grants.......................
Staffing for Adequate Fire and 370,000,000 360,000,000
Emergency Response (SAFER)
Grants.......................
Emergency Management 355,000,000 355,000,000
Performance Grants...........
Critical Infrastructure 80,000,000 - - -
Cybersecurity Grant Program..
Flood Hazard Mapping and Risk 350,000,000 312,750,000
Analysis Program (RiskMAP)...
Regional Catastrophic 12,000,000 12,000,000
Preparedness Grants..........
Emergency Food and Shelter.... 154,000,000 130,000,000
(Humanitarian Assistance)..... (24,000,000) - - -
Next Generation Warning System - - - 56,000,000
Community Project Funding/ - - - 335,145,000
Congressionally Directed
Spending Grants..............
-------------------------------------
Subtotal, Grants.......... 3,218,370,000 3,565,895,000
Education, Training, and Exercises
Center for Domestic 71,031,000 71,031,000
Preparedness.................
Center for Homeland Defense 18,000,000 18,000,000
and Security.................
Emergency Management Institute 30,777,000 30,777,000
U.S. Fire Administration...... 58,287,000 58,287,000
National Domestic Preparedness 101,000,000 101,000,000
Consortium...................
Continuing Training Grants.... 12,000,000 16,000,000
National Exercise Program..... 21,024,000 21,024,000
-------------------------------------
Subtotal, Education, 312,119,000 316,119,000
Training, and Exercises..
-------------------------------------
Subtotal, Federal 3,530,489,000 3,882,014,000
Assistance...............
Targeted Violence and (20,000,000) (20,000,000)
Terrorism Prevention Grants
(by transfer)................
Alternatives to Detention Case (5,000,000) (20,000,000)
Management (by transfer).....
Shelter and Services Program - - - (800,000,000)
(by transfer)................
-------------------------------------
Total, Federal Assistance $3,555,489,000 $4,722,014,000
(including transfers)....
------------------------------------------------------------------------
Combating Domestic Violent Extremism.--The agreement
directs FEMA to post a public report detailing the use of
fiscal year 2021 and 2022 State Homeland Security Grant Program
and Urban Area Security Initiative grants related to combating
domestic violent extremism within 90 days of the date of
enactment of this Act.
Community Project Funding and Congressionally Directed
Spending.--The agreement provides $335,145,000 for Community
Project Funding (CPF) and Congressionally Directed Spending
(CDS) Grants. Although CPF/CDS project award amounts are not
available for the management and administration (M&A) costs of
states, the total includes $15,960,933 for the reimbursement of
state M&A costs, which may not exceed an amount equal to 5
percent of the total award amount for each project. However,
state recipients may use other eligible funds, including their
own funds, in addition to the amount provided in this bill for
CPF and CDS M&A. In addition to their own funds, subrecipients
may use CPF/CDS project award funds for M&A to the extent it is
permitted by the relevant FEMA guidance.
Continuing Training Grants.--The agreement includes
$16,000,000 for Continuing Training Grants, including not less
than $3,000,000 to be competitively awarded for FEMA-certified
rural and tribal training; $2,000,000 for FEMA to partner with
the Federal Aviation Administration (FAA) Unmanned Aircraft
Center of Excellence to conduct a regional training program for
SLTT responders in using UAS for disaster preparedness and
response; and $8,000,000 for activities of the National
Cybersecurity Preparedness Consortium (NCPC).
NCPC is directed to provide to the Committees, by not later
than the end of fiscal year 2023, a comprehensive report
detailing recommendations for establishing multi-year curricula
to improve cybersecurity preparedness among SLTT governments
that utilize the Consortium's services.
Flood Mapping.--FEMA is directed to brief the Committees
within 60 days of the date of enactment of this Act on its
flood mapping plan for fiscal year 2023.
Grant Considerations.--When awarding grants, the
Administrator shall consider the needs of cybersecurity
preparedness and planning, state court cybersecurity, 911 call
capability, alert and warning capabilities, implementation of
the REAL ID Act (Public Law 109-13), and countering targeted
violence and terrorism prevention programs.
Light Detection and Ranging.--FEMA is directed to obligate
not less than the fiscal year 2022 funding level for Light
Detection and Ranging surveys based on flood risk.
Local Control Pilot Study and Assessment.--Within 180 days
of the date of enactment of this Act, FEMA shall brief the
Committees on its plan to conduct a pilot study and assessment
on a local control option for offsetting the impacts of a
physical revision of flood insurance rate maps for eligible
communities. Prior to the briefing, FEMA shall confer with the
Committees to ensure its technical aspects will align with the
Committees' intent.
Regional Catastrophic Preparedness Grant Program.--FEMA is
directed to prioritize the use of funding to formalize new or
sustain existing working groups for continued effective
coordination; ensure synchronization of plans and shared best
practices; implement citizen and community preparedness
campaigns; and pre-position needed commodities and equipment.
FEMA is further directed to consider the needs of both areas at
risk of natural and man-made catastrophes, and other directly
or indirectly affected communities.
RiskMAP Urban Flood Mapping Program.--FEMA is reminded of
the requirement to brief the Committees within 30 days of the
completion of Fiscal Year 2020 Urban Area Flooding Pilot
activities and to make related recommendations, including
whether a permanent program should be established.
Staffing for Adequate Fire and Emergency Response
(SAFER).--FEMA is directed to provide a briefing to the
Committees, within 90 days of the date of enactment of this
Act, detailing SAFER grant awards by state for fiscal years
2019 through 2022, delineated by funding provided to career and
volunteer fire departments.
United States Fire Administration (USFA).--FEMA is directed
to continue to provide funding for the congressionally-mandated
National Fallen Firefighters Memorial. Within 180 days of the
date of enactment of this Act, USFA is directed to provide a
briefing to the Committees on any plans to revise Emergency
Support Function (ESF)-4, Firefighting, to clarify or change
USFA's role in responding to structural fires and wildland
fires that expand into the Wildland Urban Interface. The
briefing shall also address plans for improving data collection
efforts, including efforts to upgrade or replace the National
Fire Incident Reporting System.
CBP Shelter and Services Program (SSP).--The bill transfers
$800,000,000 for CBP's Shelter and Services Program from CBP's
Operations and Support account to FEMA for administration.
FEMA and CBP shall brief the Committees within 180 days of
the date of enactment of this Act on the process and timeline
for establishing the program, including any potential change--
statutory or otherwise--that would help maximize the program's
efficiency and effectiveness. In order to avoid any
interruption in support for CBP short-term holding facility
decompression, up to $785,000,000 of the amount provided for
SSP in fiscal year 2023 is available for allocation through the
Emergency Food and Shelter Program-Humanitarian (EFSP-H),
including up to $50,000,000 that may be used for the
construction and expansion of shelter facilities (see further
description, below). FEMA and CBP should continue to work
cooperatively with non-governmental organizations (NGO) and
state and local governments to fund eligible costs of providing
temporary shelter and related services to individuals released
from DHS custody.
Within 90 days of the date of enactment of this Act and
quarterly thereafter, FEMA shall brief the Committees on
funding awarded since fiscal year 2019 through EFSP-H, to
include details on the amounts awarded to each recipient and
the lowest level of data available from recipients (to include
invoices, as necessary), along with administrative costs
incurred by FEMA or the Emergency Food and Shelter National
Board.
In addition, within 180 days of the date of enactment of
this Act, CBP and FEMA shall provide a report to the Committees
on the planned or actual date(s) of the notice(s) of funding
opportunity (NOFO) for the SSP; planned and actual obligations
and outlays; funding awarded to each governmental and non-
governmental recipient; reimbursements to-date for fiscal year
2023 for both governmental and non-governmental organizations;
a description of SSP program goals, policies, and program
structure; an SSP award allocation methodology that depends to
the greatest extent possible on available border data; and
outcome performance measures and results related to achieving
program goals. The initial briefing shall include an analysis
of challenges and impediments CBP and FEMA may have in
providing data to the Committees related to sheltering
requirements and a description of the strategies in place to
overcome these issues.
Under the new SSP, the permissible use of funding includes
the construction and expansion of shelter facilities to help
address shelter capacity constraints, particularly in border
areas with consistently high numbers of individuals crossing
the border between the ports of entry. During the fiscal year
2023 transition to SSP, a limited amount of EFSP-H funding is
made available, at the discretion of the Board and in
consultation with CBP and FEMA, for the construction and
expansion of state, local, or NGO shelter facilities. This
authority provides flexibility in meeting shelter capacity
requirements as part of an overall strategy to maximize the use
of shelter capacity in support of decompressing CBP short-term
holding facilities. FEMA and the Board shall notify the
Committees at least 15 days in advance of awarding any EFSP-H
funds for shelter construction or expansion.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
DISASTER RELIEF FUND
The agreement provides $19,945,000,000, an increase of
$205,000,000 above the request. The total amount is
appropriated under the budget cap adjustment for major disaster
response and recovery activities. No funds are provided for
base DRF activities due to a significant carryover balance in
the base account.
Building Resilient Infrastructure and Communities (BRIC).--
The Capability and Capacity Building activity shall be funded
at no less than $1,500,000 per state as defined by section
102(4) of the Stafford Act in fiscal year 2023.
Disaster Declaration Process.--FEMA is directed to consult
with states, including those with large populations, on the
policy of considering population size when determining the
assistance criteria for Public Assistance. Within 270 days of
the date of enactment of this Act, FEMA shall provide a
briefing to the Committees on the results of the consultation.
GAO Review of FEMA COVID-19 Funding.--GAO is directed to
conduct a comprehensive audit and review of FEMA's role in the
response to the COVID-19 pandemic, including types of projects
submitted, approved, and not approved for award; FEMA use of
financial controls to ensure project award eligibility and the
prevention of awards that duplicate other federal funding
awards; FEMA's forecasting methodologies for future COVID-19-
related obligations and FEMA's incorporation of lessons learned
into such methodologies; and recipients' processes to ensure
FEMA funding is used for only eligible costs.
The Agreement directs the Comptroller General to brief the
Committees on its preliminary findings not later than one year
after the date of enactment of this Act, and to provide a full
report on the findings of the review to the same Committees at
a date agreed upon at a preliminary briefing.
Improving access to BRIC.--Within 90 days of the date of
enactment of this Act, FEMA shall brief the Committees on
challenges states face in accessing BRIC grants.
Natural Infrastructure Activities.--Within 180 days of the
date of enactment of this Act, FEMA shall provide the
Committees a report on the number, total requested funding, and
percentage of fiscal year 2021 BRIC applications for natural
infrastructure projects, and a comparison of these numbers to
the fiscal year 2020 grant cycle. The report shall be
disaggregated by successful and unsuccessful applications and
describe the types of natural infrastructure activities funded.
FEMA may utilize public/private partnerships, pursuant to
16 U.S.C. 3701 and 16 U.S.C. 3709, to enhance and leverage
nature-based infrastructure within the BRIC and pre-disaster
mitigation programs through one or more pilot projects. Such
projects should provide additional expedited and streamlined
opportunities for communities, including disadvantaged
communities, to utilize funding for enhancing nature-based
strategies that provide resilience and protection against
natural threats, including but not limited to coastal and
inland flooding, wildland fires, and drought.
Public Assistance Briefings.--FEMA is reminded of the
overdue Public Assistance briefings described in House Report
117-396 and is directed to provide these briefings as soon as
possible.
NATIONAL FLOOD INSURANCE FUND
The agreement includes $225,000,000 for the National Flood
Insurance Fund, consistent with the budget request.
TITLE III--ADMINISTRATIVE PROVISIONS
Section 301. The agreement includes a provision making
``Cybersecurity and Infrastructure Security Agency--Operations
and Support'' funding available for procuring and providing
cybersecurity threat feeds to CISA stakeholders and partners.
Section 302. The agreement includes a provision regarding
quarterly budget and staffing briefings for CISA.
Section 303. The agreement modifies a provision limiting
expenses for administration of grants.
Section 304. The agreement includes a provision clarifying
the allocation of funds for the State Homeland Security Grant
Program.
Section 305. The agreement continues a provision specifying
timeframes for information on certain grant awards.
Section 306. The agreement continues and modifies a
provision requiring a five-day advance notification for certain
grant awards under ``Federal Emergency Management Agency--
Federal Assistance.''
Section 307. The agreement continues a provision that
addresses the availability of certain grant funds for the
installation of communications towers.
Section 308. The agreement continues a provision requiring
a report on the expenditures of the DRF.
Section 309. The agreement continues a provision permitting
waivers to certain SAFER grant program requirements.
Section 310. The agreement continues a provision providing
for the receipt and expenditure of fees collected for the
Radiological Emergency Preparedness Program, as authorized by
Public Law 105-276.
Section 311. The agreement continues a provision permitting
waivers to certain Assistance to Firefighter Grants program
requirements.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship And Immigration Services
OPERATIONS AND SUPPORT
The agreement provides $242,981,000 for operations and
support, of which $109,611,000 is for the E-Verify program and
$133,370,000 is for refugee processing, as requested. Given
projected carryover balances for fiscal year 2024, the
agreement does not provide funding for backlog reduction for
fiscal year 2023.
Asylum Processing.--Not later than 90 days after the date
of enactment of this Act, USCIS shall provide a report to the
Committees that details its efforts to reduce the backlog of
asylum applications, while ensuring that asylum applicants are
properly reviewed for security purposes. USCIS shall coordinate
with relevant federal agencies that provide services to
individuals who have been granted asylum to ensure that such
persons are appropriately referred and informed of available
services. Not later than 90 days after the date of enactment of
this Act, USCIS shall provide a briefing to the Committees on
efforts to refer asylees for services.
Backlog Reporting.--USCIS shall provide the Committees a
plan, within 60 days of the date of enactment of this Act, to
establish a quarterly, public report on all backlogs,
frontlogs, and pending forms for all form types. The report
shall include the number of applicants or petitioners in each
USCIS backlog, frontlog, or pending status, including
beneficiaries where applicable, by form type; and shall include
the length of the status associated with the relevant form
type. Additionally, within 180 days of the date of enactment of
this Act, USCIS shall provide a briefing to the Committees on a
plan for addressing ongoing backlogs and frontlogs.
Budget and Productivity Reporting.--USCIS shall provide
semi-annual briefings to the Committees on budget operations,
including revenue projections, actual spending, and other
financial forecasts. At a minimum, the briefing shall detail
spending by directorate and office, with comparisons to initial
projections; revenue and expenses delineated by form type;
other agency expenses, including payments or transfers to other
federal agencies; and carryover or reserve fund projections and
spending. USCIS shall ensure the agency maintains a sufficient
carryover balance to provide stability amid fluctuating
receipts. Additionally, USCIS shall establish a baseline for
current application and petition processing capacity, along
with metrics for measuring the impact of investments in
personnel, technology, and changes to processes and policies on
productivity. Updates on USCIS performance against these
metrics shall be included with the briefings.
Budget Justification Materials.--USCIS shall provide
additional detailed information and accounting level data in
its future budget justification materials to ensure
transparency and executability. Such details shall include
additional information regarding each adjustment to base and
program change from the prior year for each PPA, including the
PPAs within the Immigration Examinations Fee Account (IEFA) and
at the office-level for the Administration PPA. Within 30 days
of the date of enactment of this Act, USCIS shall confer with
the Committees on the PPA structure to be used for future
budget requests.
Data on Asylum Operations.--USCIS is directed to continue
to make available, on a publicly accessible website in a
downloadable, searchable, and sortable format, a report
containing not less than the previous 12 months of semimonthly
data on:
(1) the number of noncitizens determined to have a credible
or reasonable fear of--
(a) persecution, as defined in section 235(b)(1)(B)(v) of
the Immigration and Nationality Act; or
(b) torture, as defined in section 208.30 of title 8, Code
of Federal Regulations (as in effect on January 1, 2018);
(2) the total number of cases received by U.S. Citizenship
and Immigration Services to adjudicate credible or reasonable
fear claims, as described in paragraph (1), and the total
number of cases closed; and
(3) the total pending asylum operations workload.
Such report shall also disaggregate the data described
above with respect to the following subsets:
(1) claims submitted by aliens detained at a U.S.
Immigration and Customs Enforcement family residential center
or an emergency family shelter;
(2) claims submitted by aliens, organized by each
subdivision of legal or administrative authority under which
claims are reviewed; and
(3) the job series of the personnel reviewing the claims.
Not later than 60 days after the date of enactment of this
Act, and quarterly thereafter, USCIS shall provide a briefing
to the Committees on the implementation of the Credible Fear
and Asylum Processing Interim Final Rule. The briefing shall
include data on the number of credible fear interviews and
Asylum Merits Interviews conducted; outcomes of such
interviews, including, but not limited to, the number approved,
denied, administratively closed, and pending cases; the Field
Office location of such interviews; and whether the individual
was represented. USCIS shall report publicly the number of
individuals referred to immigration or criminal proceedings, or
otherwise referred for an enforcement action.
Electronic Processing.--USCIS shall provide a semi-annual
briefing to the Committees on its electronic processing
efforts, as described in the explanatory statement accompanying
the fiscal year 2022 funding Act (Public Law 117-103),
including its efforts to establish a centralized mechanism for
asylum seekers to apply for employment authorization online.
Further, USCIS shall explore options, including through
technology, to increase access to interviews and other
processes for individuals who may not be geographically located
near a USCIS Field Office.
E-Verify.--Within 90 days of the date of enactment of this
Act, USCIS shall provide a briefing on the status of its plans
to modernize and improve the quality and accuracy of
information submitted into the E-Verify system, including the
status of its efforts to implement an appeal process for a non-
confirmation within the E-Verify system.
Employment Authorizations.--USCIS shall ensure all
regulatory, statutory, and court-ordered or stipulated
agreement timelines are met for all applications for employment
authorization. Not later than 90 days after the date of
enactment of this Act, and quarterly thereafter, USCIS is
directed to make available on a publicly accessible website:
(1) the total number of pending employment authorization
applications filed; and
(2) the total number of such applications that have been
pending for 60 or fewer days, 61-90 days, 91-120 days, 121-179
days, and 180 or more days.
The website shall also summarize, on an annual basis, all
existing processing time goals, the source of the time goal,
and whether the agency met the time goal for the prior fiscal
year.
Fee Waivers and Exemptions.--Within 60 days of the date of
enactment of this Act and quarterly thereafter, the Department
shall provide the Committees with updated reports on all
applications and petitions for which fees are waived and any
budgetary impacts resulting from the issuances of such waivers.
H-2A and H-2B Visas.--USCIS shall, in coordination with the
Department of Labor's Office of Foreign Labor Certification,
timely post public information provided by employers on Form I-
129 and associated filings regarding recruiters, recruiting
agents, or agencies they plan to use. USCIS shall also
establish a process whereby workers may confirm that they are
the beneficiaries of H-2A or H-2B petitions and can receive
information about their own immigration status, including their
authorized period of stay and the status of any requested visa
extensions.
Military Naturalization Applications.--The briefing
required under this heading in House Report 117-396 shall be
due not later than 90 days after the date of enactment of this
Act.
Refugee Admissions.--The agreement provides sufficient
resources for USCIS to meet the Presidential Determination on
refugee admissions for the fiscal year. Within 90 days of the
date of enactment of this Act, USCIS shall provide a briefing
to the Committees on its detailed plan to achieve the
Presidential Determination on refugee admissions for Fiscal
Year 2023. The briefing shall include, for fiscal year 2022,
the information identified under this heading in the
explanatory statement accompanying the fiscal year 2022 funding
Act (Public Law 117-103) related to staffing, interviews,
approvals, and denials. USCIS shall examine whether any
burdensome administrative or inefficiencies currently exist in
the refugee admissions process including whether any
duplicative fingerprint requirements exist that slow refugee
admissions and shall include such information in the briefing
to the Committees.
Special Immigrant Juvenile (SIJ) Applications.--Not later
than 90 days after the date of enactment of this Act and
quarterly thereafter, USCIS shall make the following
information available on a publicly accessible website:
(1) the total number of SIJ petitions pending before USCIS
and the length of time each case has been pending;
(2) the total number of SIJ adjudications, broken down by
grant or denial and the average length of time SIJ petitions
were pending prior to adjudication, decision, or issuance of a
Request for Evidence (RFE) or Notice of Intent to Deny (NOID);
(3) the total number of RFEs and NOIDs issued; and
(4) the total numbers of SIJ petitions that have been
pending for 60 or fewer days, 61-90 days, 91-120 days, 121-179
days, and 180 or more days.
Voter Registration for New Citizens.--Not later than 120
days after the date of enactment of this Act, USCIS shall
provide a briefing to the Committees regarding the status of
its efforts in each field office to facilitate the registration
of U.S. Citizens upon completion of their oath ceremonies. At a
minimum, the briefing shall include details on agreements and
partnerships with the appropriate state or local officials or
agencies, or non-profits, as appropriate, and how USCIS works
with the appropriate entities to electronically transfer voter
information, or to pursue other avenues to reduce paperwork and
facilitate voter registration for these individuals upon
successfully obtaining U.S. Citizenship.
Workload Staffing Modeling.--Not later than 120 days after
the date of enactment of this Act, USCIS shall provide a
briefing to the Committees that updates the information
required under this heading in the explanatory statement
accompanying the fiscal year 2022 funding Act (Public Law 117-
103). The briefing shall include data outputs from the Staffing
Allocation Model and the Model of Operational Planning in order
to provide the Committees a better understanding of what the
budget request and anticipated fee funded resources will
support and the associated projections for improvements in
performance.
FEDERAL ASSISTANCE
The agreement provides $25,000,000 to support the
Citizenship and Integration Grant Program. Additionally, USCIS
continues to have the authority to accept private donations to
support this program.
Federal Law Enforcement Training Centers
OPERATIONS AND SUPPORT
The agreement provides $695,000 below the request for a
transfer to PC&I for the purchase of Vogel Road.
Interagency Training Centers.--The Department shall
continue working with the Department of the Army and with the
National Guard, as well as state and local leaders, to identify
opportunities to expand domestic training locations on federal
or state property, particularly in regions like the Northeast
that lack facilities for training related to active shooters,
dense urban terrain, and cyber and electromagnetic response.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $10,695,000 above the request,
including $10,000,000 for the Charleston Construction Project
and a transfer of $695,000 from O&S for the purchase of Vogel
Road.
Science and Technology Directorate
OPERATIONS AND SUPPORT
The agreement provides $31,000,000 above the budget request
for operations and support, which is described in further
detail below. Of the total amount provided for this account,
$219,897,000 is available until September 30, 2024, for
Laboratory Facilities and Acquisition and Operations Analysis.
Laboratory Facilities
Work for Others (WFO).--S&T shall provide a briefing to the
Committees not later than 120 days after the date of enactment
of this Act on the implementation and execution of the WFO
program, including actions it is taking to ensure the program
is supported, without disruption, into the future. The briefing
shall include a review of the current execution of the program
and identify whether there is full cost recovery for WFO
projects and activities.
Acquisition and Operations Analysis
Border Security Capabilities and Performance Measurement.--
S&T shall provide to the Committees, within 90 days of the date
of enactment of this Act, an initial report that includes a
preliminary assessment of the efficacy and impact of
technological solutions acquired and deployed within the past 5
years, personnel levels, and other related investments to
address current border security needs. Within one year of
enactment of this Act, S&T shall provide a final report to the
Committees that includes:
(1) a final assessment of the efficacy and impact of border
investments deployed within the past 5 years to address border
protection needs;
(2) recommendations for a decision support tool
architecture that supports deployment of future technology
solutions; and
(3) an action plan based on the analyses and assessments.
Measuring Impact of Efforts to Combat Forced Labor.--To
accelerate capabilities to prevent the entry of goods subject
to Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), the
agreement provides $2,500,000 above the request to develop, in
partnership with CBP's Office of Trade, analytic capabilities
to assess the impact of Department and CBP actions and
investments on world-wide forced labor levels and how those
investments impact U.S. businesses.
Projecting and Planning for Future Flow to U.S. Southwest
Border.--The agreement provides $8,000,000 above the request to
expand and evolve the interagency models used to project
impacts to federal agencies from the changing flow of migrants
crossing the border, as well as the effect of changes in
policies and agency resources. A primary objective is to model
the different processing pathways for noncitizens encountered
at the border based on their demographics (e.g., single adults,
family units, and unaccompanied children) and then apply
predictive tools to help establish a shared baseline across all
agencies and community partners that play a role in managing
that processing.
Working with the Department's Office of the Chief Financial
Officer (OCFO), Office of Policy (including the Office of
Immigration Statistics (OIS)), and operational components, S&T
shall collaborate with the Departments of Justice and Health
and Human Services to share model outputs that can inform the
development of agency budget requests. Not later than 60 days
after the date of enactment of this Act, S&T, the Office of
Policy, OCFO, and the relevant DHS operational partners shall
provide a briefing to the Committees on the planned execution
of these funds and a timeframe for delivery of model outputs to
all impacted agencies.
Support Anti-Terrorism by Fostering Effective Technologies
(SAFETY) Act.--The agreement provides $4,000,000 above the
request for the Office of SAFETY Act Implementation (OSAI). Not
later than nine months after the date of enactment of this Act,
OSAI shall deploy a public-facing dashboard to document the
progress in achieving the objectives established under the
SAFETY Act implementation regulations, including monthly
performance metric updates. Such metrics shall include, but not
be limited to:
(1) applications submitted for developmental test and
evaluation designation, full designation, and certification,
including renewals, modifications, transfers, and pre-
applications;
(2) the number of applications in evaluation beyond both
120 and 165 days, by application type; and
(3) processing timelines associated with issuing
completeness determinations and rendering final decisions, by
application type.
System of Systems Operational Analytics (SoSOA).--To expand
upon the services the SoSOA team can provide, the agreement
provides $5,500,000 above the request, of which $4,000,000 is
in the Acquisition and Operations Analysis PPA and $1,500,000
is in the Mission Support PPA for additional staffing. Not
later than 90 days after the date of enactment of this Act and
quarterly thereafter, S&T shall brief the Committees on the
execution of these funds and the projects the SoSOA team is
supporting.
Mission Support
The agreement provides $12,500,000 above the request for
the Mission Support PPA, including $5,500,000 for the Chief
Information Office to sustain core operational requirements and
for a systems refresh; $4,500,000 for contract acquisition
program support; $500,000 for counsel detailees supporting
OSAI; $1,500,000 for SoSOA, as described above; and $500,000
for the Artificial Intelligence (AI) Technology Center, as
described in House Report 117--396.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement provides $35,750,000, as requested, for
critical improvements to S&T's laboratory facilities;
$13,466,000, as requested, for the Plum Island Closure and
Support (PICS) Program; and $6,000,000 for the design and
environmental planning of the Detection Sciences Testing and
Applied Research (DSTAR) Center, a reduction of $34,250,000
below the request.
National Biodefense Analysis and Countermeasures Center
(NBACC).--S&T shall ensure that the NBACC facility expansion
scoping study described in the request is completed and is
directed to provide a briefing to the Committees on the results
not later than 150 days after the date of enactment of this
Act.
Plum Island Closure and Support (PICS) Program.--The
agreement provides $13,466,000 to continue the transition,
closure, and conveyance of all Plum Island real property and
all related personal property prior to the transfer of the Plum
Island Animal Disease Center's (PIADC) operational and
programmatic missions to the National Bio and Agro-Defense
Facility (NBAF). S&T is encouraged to establish a cooperative
agreement to administer funding for a facilitated process that
can enable stakeholders to conduct an ecosystem study of Plum
Island's native wildlife and natural habitat in the
conservation area.
With the transition of the PIADC science mission activities
to the NBAF, currently scheduled for completion in fiscal year
2024, S&T shall continue to provide semi-annual briefings on
the progress of these activities, as specified in the
explanatory report accompanying Public Law 116-260. S&T shall
also notify the Committees in these briefings of any
foreseeable issues with the continuation at NBAF of any DHS
essential mission activities that were performed by the
Department at PIADC, along with steps that the Department is
considering to avoid interruption. Further, not later than 120
days after the date of enactment of this Act, S&T, in
consultation with the Department of Agriculture, shall provide
a briefing to the Committees on the full transition schedule
and projected milestones, including any risk factors that may
impact timelines and corresponding budget estimates. The
briefing shall also include details regarding:
(1) the activities each department intends to conduct and
the anticipated personnel and resources to be assigned to NBAF,
particularly those outlined in Section 5(J) of the National
Security Memorandum on ``Strengthening the Security and
Resilience of United States Food and Agriculture'' (NSM-16)
(November 10, 2022); and
(2) the continuity plans for legacy Agricultural Research
Service, Animal and Plant Health Inspection Service, and DHS
collaborative efforts that were conducted at PIADC that should
be transitioned to NBAF, including but not limited to:
(a) the Targeted Advanced Development (TAD) Group;
(b) PANTHR/TIGER studies for threat and risk assessments;
(c) agent characterization of cross-over threats for the
Intelligence Community; and
(d) initiatives that fall under Other Transaction Authority
(OTA).
Transportation Security Laboratory (TSL) DSTAR Center.--The
agreement provides partial funding of $6,000,000 for planning
and design activities for DSTAR, pending receipt of an up-to-
date detailed project cost estimate and schedule. Concurrent
with the President's fiscal year 2024 budget request, S&T shall
provide a detailed project schedule and milestones assessment
for construction of the DSTAR Center, including a revised cost
estimate that reflects the TSL's up-to-date requirements for
the center and current market conditions.
RESEARCH AND DEVELOPMENT
The agreement provides $2,500,000 above the request for
University Programs.
Despite the direction below to consider funding above the
request within S&T's various thrust areas, overall funding for
Research, Development, and Innovation is provided at the
request level. Accordingly, S&T shall notify the Committees not
fewer than 30 days in advance of any reduction,
discontinuation, or transfer of custody from the Undersecretary
for Science and Technology of any R&D activity described in the
request, including reductions taken to redirect funding for any
effort described below.
Research, Development, and Innovation
Increased Early Collaboration with Stakeholders.--Within 90
days of the date of enactment of this Act, S&T shall provide a
briefing to the Committees on its early-outreach efforts,
including the pros and cons of a creating a formal forum or
portal for interested stakeholders and partners to share
perspectives on future research.
Transitioning New Capabilities to Operational Components.--
To better account for both the impact of R&D funding and how
those resources improve the Department's operational
capabilities, S&T shall provide a briefing to the Committees
within 45 days of the date of enactment of this Act on a plan
to partner with DHS components to develop key measures to
capture that impact and quantify a return on investment. Within
60 days of the date of enactment of this Act, S&T shall provide
the Committees examples of the impact of not fewer than three
R&D projects.
Border Security
Within the Border Security thrust area, S&T shall consider
funding for the following: up to $4,000,000 above the request
for work related to enabling unmanned aerial systems (UAS) to
support DHS operational entities and for work related to
addressing threats posed by UAS, including small UAS, in the
border, maritime, and urban environments; up to $2,000,000
above the request for expansion of Low-Cost Team Awareness Kits
(TAK); up to $4,736,000 above the request for port of entry
(POE) data analytic capabilities for the detection and
disruption of illegal activity while expediting processing; up
to $5,000,000 above the request for development and deployment
of active neutron interrogation for cargo screening; and up to
$3,000,000 above the request to address threats facing port and
maritime critical infrastructure.
Chemical, Biological, and Explosive (CBE) Defense
Within the CBE Defense thrust area, S&T shall consider
funding for the following: up to $6,000,000 above the request
for next generation biosurveillance systems; and up to
$8,300,000 for the detection canine program.
Opioid and Fentanyl Detection.--S&T shall provide a report
to the Committees within 180 days of the date of enactment of
this Act on any research or development activity that
incorporates rapid scanning into screening methods for drug
interdiction.
Cybersecurity/Information Analysis
Within the Cybersecurity/Information Analysis thrust area,
S&T shall consider funding for the following: up to $5,000,000
above the request for voting technologies and election data
security procedures; up to $4,000,000 above the request for
cyber defense/incident response capabilities for chemical
sector critical infrastructure; and up to $6,000,000 for the
U.S.-Israel Cybersecurity Cooperation grant program, as
authorized by section 1551 of the National Defense
Authorization Act for Fiscal Year 2022; and up to $2,000,000
above the request to continue efforts to ensure the
effectiveness of cyber training for law enforcement and
vulnerable populations.
First Responder/Disaster Resilience
Within the First Responder/Disaster Resilience thrust area,
S&T shall consider funding for the following: up to $4,000,000
above the request to develop and deploy software quality
assurance tools for monitoring and timely cyber-attack
mitigation for critical infrastructure and to complete the
requirements for federal contracts specified in Executive Order
13905--Strengthening National Resilience Through Responsible
Use of Positioning, Navigation, and Timing Services (February
18, 2020); up to $9,000,000 above the request for exploitation
of mesonets for emergency preparedness and response to provide
advance warning of severe weather conditions, for developing
capabilities for maintaining and improving the integrity of the
nation's levee and dams systems, and for research into viable
alternatives of concrete dam design and performance; up to
$1,500,000 above the request for research on advanced modeling
and three-dimensional (3D) simulation technologies that support
FEMA disaster resilience, mitigation, and recovery operations;
$5,000,000 above the request for the Research and Prototyping
for Improvised Explosive Device Defeat (RAPID) program; and up
to $9,000,000 to further expand the Distributed Environment for
Critical Infrastructure Decision-making Exercises program,
focusing on industrial control systems for multi-sector cyber
event exercises.
Advanced Modeling and 3D Simulation Technologies.--In lieu
of the direction provided in House Report 117-396, S&T shall
assist, as needed, FEMA OR&R in the analysis described under
the FEMA O&S heading, ``Advanced Modeling and 3D Technology''
above.
RAPID.--Not later than 120 days after the date of enactment
of this Act, S&T shall provide a briefing to the Committees on
the planned obligation of funds for RAPID; developing
technologies; and transition/training efforts to support public
safety across the nation.
Innovative Research and Foundational Tools
Within the Innovative Research and Foundational Tools
thrust area, S&T shall consider funding for the following: up
to $2,000,000 above the request for the Binational Industrial
Research and Development Homeland Security (BIRD HLS) program;
up to $10,000,000 above the request to support any required
additional funding for container demonstrations to expedite
transition to more secure composite shipping containers; up to
$2,000,000 above the request for any necessary efforts to
continue to develop thermoplastic composite materials that
reduce costs and improve intrusion sensor integration; up to
$5,000,000 above the request for work to be performed at the
Artificial Intelligence (AI) Technology Center; and up to
$5,000,000 above the request for enhancing the resiliency and
reliability of domestically manufactured, multi-modal wildfire
fire detection systems.
BIRD HLS.--Not later than 180 days after the date of
enactment of this Act, S&T shall provide a briefing to the
Committees on the outcome of each grant awarded through the
program and on any commercialization or transition to practice
that has resulted from the program's initiatives. Further, S&T,
in collaboration with the BIRD Foundation, shall provide a
report to the Committees on the status of funds for the BIRD
HLS and Cybersecurity programs, to include a history of
contributions, interest, and repayments to the program, along
with grant payments and any other costs charged to these
programs.
Physical Security and Critical Infrastructure Resilience
Within the Physical Security and Critical Infrastructure
Resilience thrust area, S&T shall consider targeting up to
$2,500,000 to detect hazardous materials more effectively in
cargo loads at POEs and improve the efficiency of screening
operations.
University Programs
The agreement provides $2,500,000 above the request for the
Minority-Serving Institutions Program (MSIP).
Centers of Excellence.--In lieu of the requirement under
this heading in House Report 117-396, S&T shall provide a
briefing to the Committees not later than 60 days after the
date of enactment of this Act on how DHS is leveraging Emeritus
COEs to address homeland security challenges.
MSIP.--The Department shall ensure that the MSIP is open to
the minority-serving institutions defined in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Countering Weapons of Mass Destruction Office
OPERATIONS AND SUPPORT
The Agreement includes the proposed funding level.
Radiation Portal Technology Enhancement and Replacement.--
CWMD, in collaboration with CBP, is directed to provide a
briefing to the Committees within 90 days of the date of
enactment of this Act and quarterly thereafter regarding the
requirements for the RAPTER program and any related progress
updates. CWMD shall also promptly communicate with industry
stakeholders a revised development strategy and timelines, and
when completed, the updated requirements for RAPTER or any
follow-on program.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The agreement includes a realignment of $19,900,000 from
the proposed amount for Research and Development for the
Radiation Portal Monitor (RPM) Replacement Program.
Strategic Commercial Seaports (SCS).--CWMD is directed to
provide the Committees a briefing, within 90 days of the date
of enactment of this Act, on plans to procure and install RPMs
at SCS locations designated by the U.S. Department of
Transportation Maritime Administration and the U.S. Department
of Defense Military Surface Deployment and Distribution
Command. The briefing shall include the Department's
recommendation on the appropriate number of functioning and
staffed RPMs for each dedicated ingress/egress gate at each
SCS, along with the estimated costs, including total
acquisition, operations, and maintenance costs and associated
costs for any necessary infrastructure enhancements or
configuration changes at each POE; and a proposed timeline for
procurement, deployment, and installation of the RPM
technology.
RESEARCH AND DEVELOPMENT
The Agreement includes an increase of $2,000,000 for
Technical Forensics and realigns $19,900,000 to the Procurement
Construction and Improvements account for the RPM Replacement
Program, consistent with technical assistance received from the
Agency.
National Technical Nuclear Forensics Center (NTNFC).--The
Agreement includes $2,000,000 above the request for the NTNFC.
CWMD is directed to provide the Committees a briefing on NTNFC
activities and capabilities within 120 days of the date of
enactment of this Act.
FEDERAL ASSISTANCE
Biosurveillance Capabilities.--CWMD is directed to provide
an update on the status of the Biological Detection for the
Twenty-First Century (BD21) program and plans to replace
BioWatch capabilities within 120 days of the date of enactment
of this Act. The update shall address the status of CWMD
implementation of recommendations in GAO-21-292, ``DHS
Exploring New Methods to Replace BioWatch and Could Benefit
from Additional Guidance.''
Securing the Cities Implementation Plan.--The Countering
Weapons of Mass Destruction Act of 2018 requires CWMD to
develop an implementation plan for the Securing the Cities
program that, among other things, identifies program goals and
a strategy for achieving them. CWMD is directed to provide the
Committees, within 120 days of the date of enactment of this
Act, an updated implementation plan for the Securing the Cities
program, including a detailed assessment of program
expenditures and their impact on achieving key program
milestones.
TITLE IV--ADMINISTRATIVE PROVISIONS
Section 401. The agreement continues a provision allowing
USCIS to acquire, operate, equip, and dispose of up to five
vehicles under certain scenarios.
Section 402. The agreement continues a provision limiting
the use of A-76 competitions by USCIS.
Section 403. The agreement continues a provision related to
the collection and use of biometrics.
Section 404. The agreement continues a provision
authorizing the Director of FLETC to distribute funds for
expenses incurred in training accreditation.
Section 405. The agreement continues a provision directing
the FLETC Accreditation Board to lead the federal law
enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 406. The agreement continues a provision allowing
the acceptance of transfers from government agencies into
``Federal Law Enforcement Training Centers--Procurement,
Construction, and Improvements''.
Section 407. The agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Section 501. The agreement continues a provision directing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The agreement continues a provision providing
authority to merge unexpended balances of prior appropriations
with new appropriation accounts, to be used for the same
purpose, subject to reprogramming guidelines.
Section 503. The agreement continues a provision related to
reprogramming limitations and transfer authority.
The Department must notify the Committees on Appropriations
at least 15 days in advance of each reprogramming of funds that
would: (1) reduce programs, projects, and activities, or
personnel, by ten percent or more; or (2) increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less.
The term ``program, project, and activity'' (PPA) is
defined as each functional category listed under an account
heading in the funding table at the back of this explanatory
statement, along with each funding amount designated for a
particular purpose within the statement narrative, exclusive of
simple references to increases or reductions below the budget
request. Funding for each PPA should not be used for the
purposes of any other PPA. Within 30 days of the date of
enactment of this Act, the Department shall submit to the
Committees a table delineating PPAs subject to section 503
notification requirements.
For purposes of reprogramming notifications, the creation
of a new program, project, or activity is defined as any
significant new activity that has not been explicitly justified
to the Congress in budget justification material and for which
funds have not been appropriated by the Congress.
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not intended
to facilitate the implementation of new programs, projects, or
activities that were not proposed in a formal budget
submission. Transfers may not reduce accounts by more than five
percent or augment appropriations by more than ten percent. The
Department must notify the Committees on Appropriations not
fewer than 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(c). In particular, the Secretary should ensure that
any such transfers adhere to the opinion of the Comptroller
General's decision in the Matter of: John D. Webster, Director,
Financial Services, Library of Congress, dated November 7,
1997, with regard to the definition of an appropriation subject
to transfer limitations.
Notifications should provide complete explanations of
proposed funding reallocations, including detailed
justifications for increases and offsets; any specific impact
the proposed changes are expected to have on future-year
appropriations requirements; a table showing the proposed
revisions to funding and full-time equivalents (FTE)--at the
account and PPA levels--for the current fiscal year; and any
expected funding and FTE impacts during the budget year.
The Department shall manage its PPAs within the levels
appropriated and should only submit reprogramming or transfer
notifications in cases of unforeseeable and compelling
circumstances that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department becomes aware of an emerging requirement
after the President's budget has been submitted to Congress but
prior to the enactment of a full-year funding Act for the
budget year, it is incumbent on the Office of the Chief
Financial Officer to timely notify the Committees. When the
Department submits a reprogramming or transfer notification and
does not receive identical responses from the House and Senate
Committees, it is expected to work with the Committees to
reconcile the differences before proceeding.
Section 504. The agreement continues a provision, by
reference, prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2023 budget request.
Section 505. The agreement continues a provision providing
that not to exceed 50 percent of unobligated balances from
prior-year appropriations for each Operations and Support
appropriation shall remain available through fiscal year 2024,
subject to section 503 reprogramming requirements.
Section 506. The agreement continues a provision that deems
intelligence activities to be specifically authorized during
fiscal year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023. When such an
authorization is enacted after the enactment of this Act,
amounts appropriated for ``Intelligence, Analysis, and
Situational Awareness--Operations and Support'' in excess of
the authorized amounts shall be transferred to ``Management
Directorate--Operations and Support''.
Section 507. The agreement continues a provision requiring
notification to the Committees at least three days before DHS
executes or announces grant allocations or grant awards
totaling $1,000,000 or more; an award or contract, other
transaction agreement, or task order on a multiple award
agreement, or to issue a letter of intent of greater than
$4,000,000; task or delivery orders greater than $10,000,000
from multi-year funds; or sole-source grant awards.
Notifications shall include a description of the projects or
activities to be funded and the location, including city,
county, and state.
Section 508. The agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code, has
not been approved.
Section 510. The agreement continues and modifies a
provision that includes and consolidates by reference prior-
year statutory provisions related to sensitive security
information and the use of funds in conformance with section
303 of the Energy Policy Act of 1992.
Section 511. The agreement continues a provision related to
contracting officer representatives.
Section 512. The agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 513. The agreement continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 514. The agreement continues and modifies a
provision that precludes DHS from using funds in this Act to
use reorganization authority. This prohibition is not intended
to prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional committees
of jurisdiction. Any DHS proposal to reorganize components that
is included as part of a budget request will be considered by
the Committees.
Section 515. The agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 516. The agreement continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate such
authority unless expressly authorized to do so in this Act.
Section 517. The agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. The agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 520. The agreement continues a provision requiring
DHS computer systems to block electronic access to pornography,
except for law enforcement purposes.
Section 521. The agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal Property
and Administrative Services Act of 1949 or chapter 137 of title
10, United States Code, and the Federal Acquisition Regulation,
unless the contract is otherwise authorized by statute.
Section 522. The agreement continues a provision regarding
the transfer of firearms by federal law enforcement personnel.
Section 523. The agreement continues a provision regarding
funding restrictions and reporting requirements related to
conferences occurring outside of the United States.
Section 524. The agreement continues a provision
prohibiting the use of funds to reimburse any federal
department or agency for its participation in a National
Special Security Event.
Section 525. The agreement continues a provision requiring
a notification, including justification materials, prior to
implementing any structural pay reform that affects more than
100 full time positions or costs more than $5,000,000,
including the introduction of new position classifications.
Section 526. The agreement continues a provision directing
the Department to post on a public website reports required by
the Committees on Appropriations unless public posting
compromises homeland or national security or contains
proprietary information.
Section 527. The agreement continues a provision
authorizing minor procurement, construction, and improvements
activities using Operations and Support funding.
Section 528. The agreement continues a provision to
authorize discretionary funding for the cost of primary and
secondary schooling of dependents in territories that meet
certain criteria.
Section 529. The agreement continues a provision regarding
congressional visits to detention facilities.
Section 530. The agreement continues a provision providing
funding for ``Federal Emergency Management Agency--Federal
Assistance'' to reimburse extraordinary law enforcement
personnel overtime costs for protection activities directly and
demonstrably associated with a residence of the President that
is designated for protection.
Section 531. The agreement continues a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 532. The agreement continues a provision
prohibiting the use of funds for the destruction of records
related to the death, sexual abuse, or assault of detainees in
custody.
Section 533. The agreement continues a provision
prohibiting the use of federal funds for a Principal Federal
Official during a Stafford Act declared disaster or emergency,
with certain exceptions.
Section 534. The agreement continues a provision requiring
the submission of a report on unfunded priorities for which
appropriations would be classified as the 050 Budget function
category.
Section 535. The agreement continues a provision requiring
notifications and reporting related to the protection of
certain individuals.
Section 536. The agreement continues a provision requiring
notifications and the submission of information to the
Committees related to DHS requests for resources from the
Technology Modernization Fund.
Section 537. The agreement continues a provision requiring
the identification of discretionary offsets when fee increase
proposals to support current activities assume the enactment of
such proposals prior to the beginning of the budget year.
Section 538. The agreement continues a provision related to
the Arms Trade Treaty.
Section 539. The agreement includes a provision prohibiting
the use of funds related to certain entities identified under
section 1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021.
Section 540. The agreement includes a provision making
technical corrections to section 205 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
Section 541. The agreement includes a provision making a
technical correction to a Community Funding Project funded in
the fiscal year 2022 DHS funding Act.
Section 542. The agreement includes a provision making a
technical correction to a Congressionally Directed Spending
grant funded in the fiscal year 2022 DHS funding Act.
Section 543. The agreement continues a provision extending
an authority provided in title VI of division B of Public Law
116-136.
Section 544. The agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba into or within the United States.
Section 545. The agreement includes a provision directing
the Secretary of Homeland Security to develop, use, and share
estimates of arrivals of noncitizens at the southwest border.
Section 546. The agreement continues and modifies a
provision appropriating additional amounts for CBP and ICE to
address Border Management requirements.
Section 547. The agreement includes an extension of an
authorization related to the protection of certain facilities
and assets from unmanned aircraft.
Section 548. The agreement includes a provision rescinding
unobligated balances from specified sources.
Section 549. The agreement includes a provision rescinding
lapsed balances pursuant to Section 505 of division F of Public
Law 117-103.
DISCLOSURE OF EARMARKS
AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the bill or this explanatory statement, along with
the name of each House Member, Senator, Delegate, or Resident
Commissioner who submitted a request to the Committee of
jurisdiction for each item so identified. For each item, a
Member is required to provide a certification that neither the
Member nor the Member's immediate family has a financial
interest, and each Senator is required to provide a
certification that neither the Senator nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Neither the bill nor
the explanatory statement contains any limited tax benefits or
limited tariff benefits as defined in the applicable House and
Senate rules.
HOMELAND SECURITY
[COMMUNITY PROJECT FUNDING / CONGRESSIONALLY DIRECTED SPENDING]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[all]