[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 2 of 2
Divisions G-N
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
50-348 WASHINGTON : 2023
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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
(ii)
C O N T E N T S
Provisions Applying to All Divisions of the Consolidated Act___________
1 deg.................................
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Page
Title I--Department of the Interior____________________________________
1441..................................
Title II--Environmental Protection Agency______________________________
1472..................................
Title III--Related Agencies____________________________________________
1483..................................
Title IV--General Provisions___________________________________________
1503..................................
DIVISION G--Explanatory Statement______________________________________
1519..................................
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Labor___________________________________________
1809..................................
Title II--Department of Health and Human Services______________________
1830..................................
Title III--Department of Education_____________________________________
1864..................................
Title IV--Related Agencies_____________________________________________
1876..................................
Title V--General Provisions____________________________________________
1884..................................
DIVISION H--Explanatory Statement______________________________________
1893..................................
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I--Legislative Branch____________________________________________
2289..................................
Title II--General Provisions___________________________________________
2311..................................
DIVISION I--Explanatory Statement______________________________________
2315..................................
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Department of Defense_________________________________________
2359..................................
Title II--Department of Veterans Affairs_______________________________
2371..................................
Title III--Related Agencies____________________________________________
2393..................................
Title IV--General Provisions___________________________________________
2394..................................
DIVISION J--Explanatory Statement______________________________________
2397..................................
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2023
Title I--Department of State and Related Agency________________________
2497..................................
Title II--United States Agency for International Development___________
2507..................................
Title III--Bilateral Economic Assistance_______________________________
2508..................................
Title IV--International Security Assistance____________________________
2515..................................
Title V--Multilateral Assistance_______________________________________
2518..................................
Title VI--Export and Investment Assistance_____________________________
2520..................................
Title VII--General Provisions__________________________________________
2524..................................
DIVISION K--Explanatory Statement______________________________________
2621..................................
(iii)
iv
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Page
Title I--Department of Transportation__________________________________
2709..................................
Title II--Department of Housing and Urban Development__________________
2756..................................
Title III--Related Agencies____________________________________________
2800..................................
Title IV--General Provisions--This Act_________________________________
2802..................................
DIVISION L--Explanatory Statement______________________________________
2809..................................
DIVISION M--ADDITONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
Title I--Department of Agriculture_____________________________________
3131..................................
Title II--Department of Defense________________________________________
3131..................................
Title III--Department of Energy________________________________________
3136..................................
Title IV--Executive Office of the President and Funds Appropriated to
the President__________________________________________________________
3137..................................
Title V--Department of Health and Human Services_______________________
3137..................................
Title VI--Legislative Branch___________________________________________
3137..................................
Title VIII--Department of State and Related Agency_____________________
3138..................................
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
Title I--Department of Agriculture_____________________________________
3147..................................
Title II--Department of Commerce_______________________________________
3149..................................
Title III--Department of Defense_______________________________________
3153..................................
Title IV--Corps of Engineers--Civil____________________________________
3153..................................
Title V--Independent Agencies__________________________________________
3159..................................
Title VI--Department of Homeland Security______________________________
3159..................................
Title VII--Department of the Interior__________________________________
3161..................................
Title VIII--Department of Health and Human Services____________________
3165..................................
Title IX--Department of Defense________________________________________
3169..................................
Title X--Department of Transportation__________________________________
3170..................................
Title XI--General Provisions___________________________________________
3172..................................
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.''
---------------------------------------------------------------------------
\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)
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,368,969,000, to remain available until September
30, 2024; of which $76,187,000 for annual maintenance and
deferred maintenance programs and $147,888,000 for the wild
horse and burro program, as authorized by Public Law 92-195 (16
U.S.C. 1331 et seq.), shall remain available until expended:
Provided, That amounts in the fee account of the BLM Permit
Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas
applications for permits to drill and related use of
authorizations: Provided further, That of the amounts made
available under this heading, up to $3,500,000 may be made
available for the purposes described in section 122(e)(1)(A) of
division G of Public Law 115-21 (43 U.S.C. 1748c(e)(1)(A)):
Provided further, That of the amounts made available under this
heading, $3,500,000 is for projects specified for Land
Management Priorities in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2023,
so as to result in a final appropriation estimated at not more
than $1,368,969,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $120,334,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative
expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and
under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, That notwithstanding
any provision to the contrary of section 305(a) of Public Law
94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate for
refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered
through the Bureau of Land Management which have been damaged
by the action of a resource developer, purchaser, permittee, or
any unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act
(43 U.S.C. 1721(b)), to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be funded
pursuant to a written commitment by a State government to
provide an identified amount of money in support of the project
may be carried out by the Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of
other authorized functions related to such resources,
$1,555,684,000, to remain available until September 30, 2024:
Provided, That not to exceed $23,398,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of
the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii) of such section): Provided further, That of the
amount appropriated under this heading, $25,641,000, to remain
available until September 30, 2025, shall be for projects
specified for Stewardship Priorities in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That amounts in the
preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall
continue to only be available for the purposes and in such
amounts as such funds were originally appropriated.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $29,904,000, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $24,564,000,
to remain available until expended, to be derived from the
Cooperative Endangered Species Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,100,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $21,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $73,812,000, to remain available until
expended: Provided, That of the amount provided herein,
$6,200,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $7,612,000 is for a competitive grant
program to implement approved plans for States, territories,
and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $13,812,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary of
the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio
to which the land area of such State bears to the total land
area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2023 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2024, shall be reapportioned,
together with funds appropriated in 2025, in the manner
provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed one
dollar for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of
such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until
expended: Provided further, That the second proviso under the
heading ``United States Fish and Wildlife Service--Resource
Management'' in title I of division E of Public Law 112-74 (16
U.S.C. 742l-1) is amended by striking ``2012'' and inserting
``2023'' and striking ``$400,000'' and inserting ``$750,000''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,923,424,000, of which $11,661,000 for
planning and interagency coordination in support of Everglades
restoration and $135,980,000 for maintenance, repair, or
rehabilitation projects for constructed assets and $188,184,000
for cyclic maintenance projects for constructed assets and
cultural resources and $10,000,000 for uses authorized by
section 101122 of title 54, United States Code shall remain
available until September 30, 2024: Provided, That funds
appropriated under this heading in this Act are available for
the purposes of section 5 of Public Law 95-348: Provided
further, That notwithstanding section 9 of the 400 Years of
African-American History Commission Act (36 U.S.C. note prec.
101; Public Law 115-102), $3,300,000 of the funds provided
under this heading shall be made available for the purposes
specified by that Act: Provided further, That sections (7)(b)
and (8) of that Act shall be amended by striking ``July 1,
2023'' and inserting ``July 1, 2024''.
In addition, for purposes described in section 2404 of Public
Law 116-9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund
established pursuant to such section of such Act, to remain
available until expended, shall be derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $92,512,000, to remain available until September 30, 2024,
of which $2,919,000 shall be for projects specified for
Statutory and Contractual Aid in the table titled ``Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54,
United States Code), $204,515,000, to be derived from the
Historic Preservation Fund and to remain available until
September 30, 2024, of which $26,500,000 shall be for Save
America's Treasures grants for preservation of nationally
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009
(54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds: Provided
further, That individual projects shall only be eligible for
one grant: Provided further, That all projects to be funded
shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties
to the National Register of Historic Places and as National
Historic Landmarks associated with communities currently under-
represented, as determined by the Secretary; $29,000,000 is for
competitive grants to preserve the sites and stories of the
Civil Rights movement; $11,000,000 is for grants to
Historically Black Colleges and Universities; $12,500,000 is
for competitive grants for the restoration of historic
properties of national, State, and local significance listed on
or eligible for inclusion on the National Register of Historic
Places, to be made without imposing the usage or direct grant
restrictions of section 101(e)(3) (54 U.S.C. 302904) of the
National Historical Preservation Act; $10,000,000 is for a
competitive grant program to honor the semiquincentennial
anniversary of the United States by restoring and preserving
sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation;
and $29,115,000 is for projects specified for the Historic
Preservation Fund in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and
Indian tribes as defined in chapter 3003 of such title, Native
Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and related equipment, and compliance and
planning for programs and areas administered by the National
Park Service, $239,803,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, for
any project initially funded in fiscal year 2023 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for
the cost of adjustments and changes within the original scope
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge
cost share agreements, $15,000,000, to remain available until
expended, for Centennial Challenge projects and programs:
Provided, That not less than 50 percent of the total cost of
each project or program shall be derived from non-Federal
sources in the form of donated cash, assets, or a pledge of
donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may
include a reasonable amount for FHWA administrative support
costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,497,178,000, to remain
available until September 30, 2024; of which $92,184,000 shall
remain available until expended for satellite operations; and
of which $74,840,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities: Provided further,
That of the amount appropriated under this heading, $2,130,000
shall be for projects specified for Special Initiatives in the
table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the
appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations, observation wells,
and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed
to represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the
Outer Continental Shelf and approving operations related
thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and
for matching grants or cooperative agreements, $219,960,000, of
which $182,960,000 is to remain available until September 30,
2024, and of which $37,000,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated
shall be reduced as such collections are received during the
fiscal year, so as to result in a final fiscal year 2023
appropriation estimated at not more than $182,960,000: Provided
further, That not to exceed $3,000 shall be available for
reasonable expenses related to promoting volunteer beach and
marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way, and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $175,886,000, of which $153,886,000 is to remain
available until September 30, 2024, and of which $22,000,000 is
to remain available until expended, including $3,000,000 for
offshore decommissioning activities: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of Safety
and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such
collections are received during the fiscal year, so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $156,886,000.
For an additional amount, $38,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in fiscal
year 2023, as provided in this Act: Provided, That to the
extent that amounts realized from such inspection fees exceed
$38,000,000, the amounts realized in excess of $38,000,000
shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2023,
not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to
fund personnel and mission-related costs to expand capacity and
expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016;
title IV, sections 4202 and 4303; title VII; and title VIII,
section 8201 of the Oil Pollution Act of 1990, $15,099,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, $121,026,000, to remain available until September 30,
2024, of which $65,000,000 shall be available for State and
tribal regulatory grants: Provided, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of Public
Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until
expended: Provided, That fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to
result in a fiscal year 2023 appropriation estimated at not
more than $121,026,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$33,904,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and
Reclamation Act: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $135,000,000, to remain available until
expended, for grants to States and federally recognized Indian
Tribes for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $88,042,000 shall be
distributed in equal amounts to the three Appalachian States
with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such section,
$35,218,000 shall be distributed in equal amounts to the three
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $11,740,000 shall
be for grants to federally recognized Indian Tribes without
regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
described in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
and shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13) and the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,906,998,000, to remain available until September 30, 2024,
except as otherwise provided herein; of which not to exceed
$8,500 may be for official reception and representation
expenses; of which not to exceed $78,494,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary of the Interior may
exceed such cap for welfare payments from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of federally
recognized Indian tribes may use their tribal priority
allocations for unmet welfare assistance costs: Provided
further, That not to exceed $63,586,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: Provided
further, That of the amount appropriated under this heading,
$4,240,000 shall be for projects specified for Special
Initiatives (CDS) in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of
September 30, 2024, may be transferred during fiscal year 2025
to an Indian forest land assistance account established for the
benefit of the holder of the funds within the holder's trust
fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2025:
Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms
or other identifying articles of clothing for personnel:
Provided further, That the Bureau of Indian Affairs may accept
transfers of funds from United States Customs and Border
Protection to supplement any other funding available for
reconstruction or repair of roads owned by the Bureau of Indian
Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation
Act Amendments of 2000 (Public Law 106-462), and the American
Indian Probate Reform Act of 2004 (Public Law 108-374),
$8,000,000, to remain available until expended: Provided, That
any provision of the Indian Land Consolidation Act Amendments
of 2000 (Public Law 106-462) that requires or otherwise relates
to application of a lien shall not apply to the acquisitions
funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Bureau of Indian
Affairs and the Bureau of Indian Education for fiscal year
2023, such sums as may be necessary, which shall be available
for obligation through September 30, 2024: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2023, such sums as may be necessary, which shall be available
for obligation through September 30, 2024: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$153,309,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act of
November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-
322; 130 Stat. 1749): Provided further, That amounts provided
under this heading are made available for the modernization of
Federal field communication capabilities, in addition to
amounts otherwise made available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 114-322, and 116-260, and for
implementation of other land and water rights settlements,
$825,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$13,884,000, to remain available until September 30, 2024, of
which $2,680,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: 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 these funds are available to subsidize
total loan principal, any part of which is to be guaranteed or
insured, not to exceed $150,213,551.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $1,133,552,000 to remain available until September 30,
2024, except as otherwise provided herein: Provided, That
federally recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $833,592,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2023, and shall
remain available until September 30, 2024: Provided further,
That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed $95,822,000
within and only from such amounts made available for school
operations shall be available for administrative cost grants
associated with grants approved prior to July 1, 2023: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including architectural
and engineering services by contract; acquisition of lands, and
interests in lands; $267,887,000 to remain available until
expended: Provided, That in order to ensure timely completion
of construction projects, the Secretary of the Interior may
assume control of a project and all funds related to the
project, if, not later than 18 months after the date of the
enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501,
et seq.) grantee receiving funds appropriated in this Act or in
any prior Act, has not completed the planning and design phase
of the project and commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the
management, operation, and maintenance of the Power Division of
the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except Executive
Direction and Administrative Services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau of
Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal
Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of
Alaska.
No funds available to the Bureau of Indian Education shall be
used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was
reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-
funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106-113, if in
fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language
and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal
government which exclusively serve tribal members, do not
include grades beyond those currently served at the existing
Bureau-funded school, provide an educational environment with
educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal,
Federal, or State health and safety standards, and the
Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of
incurring extraordinary costs, such as for transportation or
other impacts to students such as those caused by busing
students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs
for such assets that are not owned by the Bureau: Provided
further, That the term ``satellite school'' means a school
location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing
school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,272,000, to remain available until expended, of
which not to exceed $17,867,000 from this or any other Act, may
be available for historical accounting: Provided, That funds
for trust management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs, ``Operation of Indian Programs'' and Bureau of
Indian Education, ``Operation of Indian Education Programs''
accounts; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2023, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 15 months and has a balance of
$15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $100,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the
Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to the
preceding proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $135,884,000, to remain available until
September 30, 2024; of which not to exceed $15,000 may be for
official reception and representation expenses; of which up to
$1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of
which $14,295,000 for Indian land, mineral, and resource
valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource
valuation activities may, as needed, be transferred to and
merged with the Bureau of Indian Affairs ``Operation of Indian
Programs'' and Bureau of Indian Education ``Operation of Indian
Education Programs'' accounts and the Office of the Special
Trustee ``Federal Trust Programs'' account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2023, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2023, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided, That the amounts provided under
this Act specifically for the Payments in Lieu of Taxes program
are the only amounts available for payments authorized under
chapter 69 of title 31, United States Code: Provided further,
That in the event the sums appropriated for any fiscal year for
payments pursuant to this chapter are insufficient to make the
full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be
made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments:
Provided further, That no payment shall be made pursuant to
that chapter to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $120,357,000, of which: (1) $110,140,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, coral reef initiative and natural resources
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the Northern
Mariana Islands, as authorized by law (Public Law 94-241; 90
Stat. 272); and (2) $10,217,000 shall be available until
September 30, 2024, for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's
commitment to timely maintenance of its capital assets:
Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188: Provided, That of
the funds appropriated under this heading, $5,000,000 is for
deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-
188 for adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall 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 such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$101,050,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2024.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $663,786,000, to
remain available until expended, of which not to exceed
$10,000,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That of the funds provided $247,000,000 is
for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act,
the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary
of the Interior and the Secretary of Agriculture may authorize
the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression operations,
$340,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g) of H. Res. 1151 (117th Congress), as engrossed in
the House of Representatives on June 8, 2022: Provided, That
such amounts may be transferred to and merged with amounts made
available under the headings ``Department of Agriculture--
Forest Service--Wildland Fire Management'' and ``Department of
the Interior--Department-Wide Programs--Wildland Fire
Management'' for wildfire suppression operations in the fiscal
year in which such amounts are transferred: Provided further,
That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the
House and Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading in
this and prior appropriations Acts to the agency to which the
funds will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law: Provided further, That, in determining whether
all wildfire suppression operations funds appropriated under
the heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.), $10,064,000, to remain
available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704
of Public Law 117-58 (30 U.S.C. 1245), and carry out the
purposes of section 349 of the Energy Policy Act of 2005 (42
U.S.C. 15907), as amended, $5,000,000, to remain available
until expended: Provided, That such amount shall be in addition
to amounts otherwise available for such purposes: Provided
further, That amounts appropriated under this heading are
available for program management and oversight of these
activities: Provided further, That the Secretary may transfer
the funds provided under this heading in this Act to any other
account in the Department to carry out such purposes, and may
expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) obligations agreed to in
settlement or imposed by a court, whether for payment of funds
or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $8,037,000, to remain available until
expended.
working capital fund
For the operation and maintenance of a departmental financial
and business management system, data management, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $112,198,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That the Secretary of the Interior may assess reasonable
charges to State, local, and tribal government employees for
training services provided by the National Indian Program
Training Center, other than training related to Public Law 93-
638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title
40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of
the National Indian Program Training Center: Provided further,
That all funds received pursuant to the two preceding provisos
shall be credited to this account, shall be available until
expended, and shall be used by the Secretary for necessary
expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $174,934,000, to remain available until
September 30, 2024; of which $69,751,000 shall remain available
until expended for the purpose of mineral revenue management
activities: Provided, That notwithstanding any other provision
of law, $15,000 shall be available for refunds of overpayments
in connection with certain Indian leases in which the Secretary
of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary of the Interior,
for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget
programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, with such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire suppression'' shall be exhausted within 30 days: Provided
further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary of the Interior, in total amount
not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement
vehicles; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any
unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities.
Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate
Committees on Appropriations within 60 days of the expenditure
or transfer of any funds under this section, including the
amount expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2023. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein, including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts, or other agreements for the
use of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2023, the Secretary of the
Interior shall collect a nonrefundable inspection fee, which
shall be deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2023
shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2023. Fees for fiscal year
2023 shall be--
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-
rig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal
year 2023. Fees for fiscal year 2023 shall be--
(1) $13,260 per inspection for non-rig units
operating in water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units
operating in water depths between 500 and 2,499 feet;
and
(3) $4,470 per inspection for non-rig units operating
in water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (c) within 30 days of the end of the month in which
the inspection occurred, with payment required within 30 days
of billing. The Secretary shall bill designated operators under
subsection (d) with payment required by the end of the
following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41,
United States Code (except that the 5-year term restriction in
subsection (a) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and
endangered species of salmon, implement a system of mass
marking of salmonid stocks, intended for harvest, that are
released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2023, in carrying out work involving cooperation
with State, local, and tribal governments or any political
subdivision thereof, Indian Affairs may record obligations
against accounts receivable from any such entities, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available at the end of the
fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 to utilize the talents of
older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such
provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals
currently employed by the Department, including partial
displacement through reduction of non-overtime hours,
wages, or employment benefits;
(2) result in the use of an individual under the
Department of the Interior Experienced Services Program
for a job or function in a case in which a Federal
employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and
expenditure not later than 60 days after the date of enactment
of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices and
bureaus affected by the reorganization only in conformance with
the reprogramming guidelines described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2023'' for
``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which
the Bureau of Safety and Environmental Enforcement or the
Bureau of Ocean Energy Management prescribes or approves any
departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 CFR 585.103; 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the
head of such bureau shall post a description of such departure
or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business
days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the
State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating
to the Long Bridge Project, the Secretary of the Interior may
convey to the State or the District of Columbia, as applicable,
all right, title, and interest of the United States in and to
any portion of the approximately 4.4 acres of National Park
Service land depicted as ``Permanent Impact to NPS Land'' on
the Map dated May 15, 2020, that is identified by the State or
the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such
conveyed land is no longer being used for the purposes
specified in this section, the lands or interests therein shall
revert to the National Park Service after they have been
restored or remediated to the satisfaction of the Secretary.
(c) Corrections.--The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National
Park Service land to be conveyed to the State or the
District of Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to
in subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge
Project'' means the rail project, as identified by the
Federal Railroad Administration, from Rosslyn (RO)
Interlocking in Arlington, Virginia, to L'Enfant (LE)
Interlocking in Washington, DC, which includes a
bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the National Park Service.
(3) State.--The term ``State'' means the State of
Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or
Federal regulation, federally recognized Indian tribes or
authorized tribal organizations that receive Tribally-
Controlled School Grants pursuant to Public Law 100-297 may
obtain interagency motor vehicles and related services for
performance of any activities carried out under such grants to
the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
national heritage areas and corridors
Sec. 118. (a) Section 109(a) of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994 (title I
of Public Law 103-449), is amended by striking ``$17,000,000''
and inserting ``$19,000,000''.
(b) Section 409(a) of the Steel Industry American Heritage
Area Act of 1996 (title IV of division II of Public Law 104-
333) is amended by striking ``$20,000,000'' and inserting
``$22,000,000''.
(c) Section 608(a) of the South Carolina National Heritage
Corridor Act of 1996 (title VI of division II of Public Law
104-333) is amended by striking ``$17,000,000'' and inserting
``$19,000,000''.
(d) Subsection 157(h)(1) of the Wheeling National Heritage
Area Act of 2000 (section 157 of Public Law 106-291) is amended
by striking ``$15,000,000'' and inserting ``$17,000,000''.
(e) Sections 411, 432, and 451 of title IV of the
Consolidated Natural Resources Act of 2008 (Public Law 110-
229), are each amended by striking ``the date that is 15 years
after the date of'' and all that follows through the end of
each section and inserting ``September 30, 2024.''.
(f) Section 512 of the National Aviation Heritage Area Act
(title V of division J of Public Law 108-447), is amended by
striking ``2022'' and inserting ``2024''.
(g) Section 608 of the Oil Region National Heritage Area Act
(title VI of Public Law 108-447) is amended by striking
``2022'' and inserting ``2024''.
(h) Section 125(a) of Public Law 98-398, as amended by
section 402 of Public Law 109-338 (120 Stat. 1853), is amended
by striking ``$10,000,000'' and inserting ``$12,000,000''.
(i) Section 125(a) of Public Law 98-398 is amended by
striking ``$10,000,000'' and inserting ``$12,000,000''.
appraiser pay authority
Sec. 119. For fiscal year 2023, funds made available in this
or any other Act or otherwise made available to the Department
of the Interior for the Appraisal and Valuation Services Office
may be used by the Secretary of the Interior to establish
higher minimum rates of basic pay for employees of the
Department of the Interior in the Appraiser (GS-1171) job
series at grades 11 through 15 carrying out appraisals of real
property and appraisal reviews conducted in support of the
Department's realty programs at rates no greater than 15
percent above the minimum rates of basic pay normally
scheduled, and such higher rates shall be consistent with
subsections (e) through (h) of section 5305 of title 5, United
States Code.
sage-grouse
Sec. 120. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
state conservation grants
Sec. 121. For expenses necessary to carry out section 200305
of title 54, United States Code, the National Park Service may
retain up to 7 percent of the State Conservation Grants program
to provide to States, the District of Columbia, and insular
areas, as matching grants to support state program
administrative costs.
lowell national historic park
Sec. 122. Section 103(a) of Public Law 95-290 (16 U.S.C.
410cc-13(a); 92 Stat. 292) is amended by striking paragraph (1)
and redesignating paragraph (2) as paragraph (1).
visitor experience improvement authority
Sec. 123. Section 101938 of title 54, United States Code, is
amended by striking ``7'' and inserting ``9''.
delaware water gap authority
Sec. 124. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of
Public Law 115-101, shall be applied by substituting ``2023''
for ``2021''.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; hire,
maintenance, and operation of aircraft; and other operating
expenses in support of research and development, $802,276,000,
to remain available until September 30, 2024: Provided, That of
the funds included under this heading, $30,751,000 shall be for
Research: National Priorities as specified in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), of which $13,251,000
shall be for projects specified for Science and Technology in
the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including
necessary expenses not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit
program under section 2301 of the Water and Waste Act of 2016;
and not to exceed $9,000 for official reception and
representation expenses, $3,286,330,000, to remain available
until September 30, 2024: Provided, That funds included under
this heading may be used for environmental justice
implementation and training grants, and associated program
support costs: Provided further, That of the funds included
under this heading--
(1) $30,700,000 shall be for Environmental
Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as
specified in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act); and
(3) $20,000,000, to remain available until expended,
shall be for grants, including grants that may be
awarded on a non-competitive basis, interagency
agreements, and associated program support costs to
establish and implement a program to assist Alaska
Native Regional Corporations, Alaskan Native Village
Corporations, federally-recognized tribes in Alaska,
Alaska Native Non-Profit Organizations and Alaska
Native Nonprofit Associations, and intertribal
consortia comprised of Alaskan tribal entities to
address contamination on lands conveyed under or
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) that were or are contaminated at
the time of conveyance and are on an inventory of such
lands developed and maintained by the Environmental
Protection Agency: Provided, That grants awarded using
funds made available in this paragraph may be used by a
recipient to supplement other funds provided by the
Environmental Protection Agency through individual
media or multi-media grants or cooperative agreements:
Provided further, That of the amounts made available in
this paragraph, in addition to amounts otherwise
available for such purposes, the Environmental
Protection Agency may reserve up to $2,000,000 for
salaries, expenses, and administration.
In addition, $9,000,000, to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year 2023
shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2023 shall
be reduced by the amount of discretionary offsetting receipts
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: Provided further, That to the extent that
amounts realized from such receipts exceed $9,000,000, those
amount in excess of $9,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2023, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds
included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
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, $44,030,000, to remain available until September 30,
2024.
Buildings and Facilities
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use
by, the Environmental Protection Agency, $48,752,000, to remain
available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation
of aircraft, $1,282,700,000, to remain available until
expended, consisting of such sums as are available in the Trust
Fund on September 30, 2022, and not otherwise appropriated from
the Trust Fund, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,282,700,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,800,000
shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2024, and
$31,607,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2024.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, $93,205,000, to remain available
until expended, of which $67,425,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; $25,780,000
shall be for carrying out the other provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code: Provided, That the Administrator is authorized to
use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $22,072,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,480,428,000, to remain
available until expended, of which--
(1) $1,638,861,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which $1,126,101,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $863,108,642 of the funds
made available for capitalization grants for the Clean
Water State Revolving Funds and $609,255,899 of the
funds made available for capitalization grants for the
Drinking Water State Revolving Funds shall be for the
construction of drinking water, wastewater, and storm
water infrastructure and for water quality protection
in accordance with the terms and conditions specified
for such grants in the explanatory statement described
in section 4 (in the matter preceding division A of
this consolidated Act) for projects specified for
``STAG--Drinking Water SRF'' and ``STAG--Clean Water
SRF'' in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), and, for purposes of these grants,
each grantee shall contribute not less than 20 percent
of the cost of the project unless the grantee is
approved for a waiver by the Agency: Provided further,
That for fiscal year 2023, to the extent there are
sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less
than 10 percent of the funds made available under this
title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State
for projects to address green infrastructure, water or
energy efficiency improvements, or other
environmentally innovative activities: Provided
further, That for fiscal year 2023, funds made
available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may,
at the discretion of each State, be used for projects
to address green infrastructure, water or energy
efficiency improvements, or other environmentally
innovative activities: Provided further, That the
Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State
Revolving Funds under this heading under title VI of
the Federal Water Pollution Control Act (33 U.S.C.
1381) to conduct the Clean Watersheds Needs Survey:
Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water
pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in
fiscal year 2023 and prior years where such amounts
represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of
the fund, including administration: Provided further,
That for fiscal year 2023, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of
section 201 of the Federal Water Pollution Control Act,
grants made under title II of such Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas,
the United States Virgin Islands, and the District of
Columbia may also be made for the purpose of providing
assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for
any proposed project for the construction of treatment
works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving
one or more principal residences or small commercial
establishments: Provided further, That for fiscal year
2023, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and
section 518(c) of the Federal Water Pollution Control
Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution
Control Act may also be used to provide assistance: (1)
solely for facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2023, notwithstanding any
provision of the Federal Water Pollution Control Act
and regulations issued pursuant thereof, up to a total
of $2,000,000 of the funds reserved by the
Administrator for grants under section 518(c) of such
Act may also be used for grants for training, technical
assistance, and educational programs relating to the
operation and management of the treatment works
specified in section 518(c) of such Act: Provided
further, That for fiscal year 2023, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section
518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the
Interior) and Native Villages as defined in Public Law
92-203: Provided further, That for fiscal year 2023,
notwithstanding the limitation on amounts in section
518(c) of the Federal Water Pollution Control Act, up
to a total of 2 percent of the funds appropriated, or
$30,000,000, whichever is greater, and notwithstanding
the limitation on amounts in section 1452(i) of the
Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is
greater, for State Revolving Funds under such Acts may
be reserved by the Administrator for grants under
section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2023,
notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5
percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of the Act,
may be reserved by the Administrator for grants made
under title II of the Federal Water Pollution Control
Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2023,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe
Drinking Water Act may be reserved by the Administrator
for grants made under section 1452(j) of the Safe
Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each
State for Clean Water State Revolving Fund
capitalization grants and 14 percent of the funds made
available under this title to each State for Drinking
Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of
principal, negative interest loans, or grants (or any
combination of these), and shall be so used by the
State only where such funds are provided as initial
financing for an eligible recipient or to buy,
refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred
on or after the date of enactment of this Act, or where
such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used
to help address a threat to public health from
heightened exposure to lead in drinking water or if a
Federal or State emergency declaration has been issued
due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply
before the date of enactment of this Act: Provided
further, That in a State in which such an emergency
declaration has been issued, the State may use more
than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients: Provided further, That
notwithstanding section 1452(o) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(o)), the Administrator
shall reserve $12,000,000 of the amounts made available
for fiscal year 2023 for making capitalization grants
for the Drinking Water State Revolving Funds to pay the
costs of monitoring for unregulated contaminants under
section 1445(a)(2)(C) of such Act: Provided further,
That of the unobligated balances available in the
``State and Tribal Assistance Grants'' account
appropriated prior to fiscal year 2012 for ``special
project grants'' or ``special needs infrastructure
grants,'' or for the administration, management, and
oversight of such grants, $13,300,000 are permanently
rescinded: Provided further, 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;
(2) $36,386,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of
the United States-Mexico Border, after consultation
with the appropriate border commission: Provided, That
no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the
United States-Mexico border shall be made available to
a county or municipal government unless that government
has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction
the development or construction of any additional
colonia areas, or the development within an existing
colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $39,686,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native
Villages: Provided, That of these funds: (A) the State
of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $100,000,000 shall be to carry out section 104(k)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA),
including grants, interagency agreements, and
associated program support costs: Provided, That at
least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, 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;
(5) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants
in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(7) $30,158,000 shall be for grants under subsections
(a) through (j) of section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a);
(8) $30,500,000 shall be for grants under section
1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d));
(9) $25,011,000 shall be for grants under section
1459B of the Safe Drinking Water Act (42 U.S.C. 300j-
19b);
(10) $7,000,000 shall be for grants under section
1459A(l) of the Safe Drinking Water Act (42 U.S.C.
300j-19a(l));
(11) $27,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)(8));
(12) $50,000,000 shall be for grants under section
221 of the Federal Water Pollution Control Act (33
U.S.C. 1301);
(13) $6,000,000 shall be for grants under section
4304(b) of the America's Water Infrastructure Act of
2018 (Public Law 115-270);
(14) $6,500,000 shall be for carrying out section
302(a) of the Save Our Seas 2.0 Act (33 U.S.C.
4283(a)), of which not more than 2 percent shall be for
administrative costs to carry out such section:
Provided, That notwithstanding section 302(a) of such
Act, the Administrator may also provide grants pursuant
to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former
Indian reservations in Oklahoma (as determined by the
Secretary of the Interior), and Alaska Native Villages
as defined in Public Law 92-203;
(15) $7,000,000 shall be for grants under section
103(b)(3) of the Clean Air Act for wildfire smoke
preparedness grants in accordance with the terms and
conditions in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That not more than 3
percent shall be for administrative costs to carry out
such section;
(16) $16,973,000 shall be for State and Tribal
Assistance Grants to be allocated in the amounts
specified for those projects and for the purposes
delineated in the table titled ``Interior and
Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act) for remediation,
construction, and related environmental management
activities in accordance with the terms and conditions
specified for such grants in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act);
(17) $5,000,000 shall be for grants under section
1459F of the Safe Drinking Water Act (42 U.S.C. 300j-
19g);
(18) $4,000,000 shall be for carrying out section
2001 of the America's Water Infrastructure Act of 2018
(Public Law 115-270, 42 U.S.C. 300j-3c note): Provided,
That the Administrator may award grants to and enter
into contracts with tribes, intertribal consortia,
public or private agencies, institutions,
organizations, and individuals, without regard to
section 3324(a) and (b) of title 31 and section 6101 of
title 41, United States Code, and enter into
interagency agreements as appropriate;
(19) $3,000,000 shall be for grants under section
50217(b) of the Infrastructure Investment and Jobs Act
(33 U.S.C. 1302f(b); Public Law 117-58);
(20) $4,000,000 shall be for grants under section 124
of the Federal Water Pollution Control Act (33 U.S.C.
1276); and
(21) $1,160,625,000 shall be for grants, including
associated program support costs, to States, federally
recognized Tribes, interstate agencies, tribal
consortia, and air pollution control agencies for
multi-media or single media pollution prevention,
control and abatement, and related activities,
including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection
activities subject to terms and conditions specified by
the Administrator, and under section 2301 of the Water
and Waste Act of 2016 to assist States in developing
and implementing programs for control of coal
combustion residuals, of which: $47,195,000 shall be
for carrying out section 128 of CERCLA; $10,836,000
shall be for Environmental Information Exchange Network
grants, including associated program support costs;
$1,505,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall
be in addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $18,512,000 of the funds available
for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation
in national- and State-level statistical surveys of
water resources and enhancements to State monitoring
programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $68,000,000, 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 these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made
available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed
loans for projects described in section 5026(9) of the Water
Infrastructure Finance and Innovation Act of 2014 to State
infrastructure financing authorities, as authorized by section
5033(e) of such Act: Provided further, That the use of direct
loans or loan guarantee authority under this heading for direct
loans or commitments to guarantee loans for any project shall
be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ``Water Infrastructure Finance and
Innovation Program Account'' in division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified
in advance in writing that the direct loan or loan guarantee,
as applicable, and the project comply with the criteria
referenced in the previous proviso: Provided further, That, for
the purposes of carrying out the Congressional Budget Act of
1974, the Director of the Congressional Budget Office may
request, and the Administrator shall promptly provide,
documentation and information relating to a project identified
in a Letter of Interest submitted to the Administrator pursuant
to a Notice of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of
this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act of
2014, $7,640,000, to remain available until September 30, 2024.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8),
to remain available until expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for
fiscal year 2023.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g)
for fiscal year 2023, to remain available until expended.
The Administrator is authorized to transfer up to
$368,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000 per
project.
For fiscal year 2023, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of the Act to make grants
to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2023 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $2,500,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and
Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to 41 U.S.C. 5, for the temporary
or intermittent personal services of students or recent
graduates, who shall be considered employees for the purposes
of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171
of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purpose: Provided, That amounts used for this purpose by the
Office of Chemical Safety and Pollution Prevention and the
Office of Water collectively may not exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,000,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries and
expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,152,744,000, to remain available through
September 30, 2026: Provided, That a portion of the funds made
available under this heading shall be for the base salary and
expenses of employees in the Chief's Office, the Work
Environment and Performance Office, the Business Operations
Deputy Area, and the Chief Financial Officer's Office to carry
out administrative and general management support functions:
Provided further, That funds provided under this heading shall
be available for the costs of facility maintenance, repairs,
and leases for buildings and sites where these administrative,
general management and other Forest Service support functions
take place; the costs of all utility and telecommunication
expenses of the Forest Service, as well as business services;
and, for information technology, including cyber security
requirements: Provided further, That funds provided under this
heading may be used for necessary expenses to carry out
administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $307,273,000, to remain available through
September 30, 2026: Provided, That of the funds provided,
$32,197,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including for invasive plants, and conducting an international
program and trade compliance activities as authorized,
$337,758,000, to remain available through September 30, 2026,
as authorized by law, of which $30,167,000 shall be for
projects specified for Forest Resource Information and Analysis
in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands, $1,974,388,000,
to remain available through September 30, 2026: Provided, That
of the funds provided, $32,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That for the funds provided in the preceding
proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be
applied by substituting ``20'' for ``10'' and section
4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting
``4'' for ``2'': Provided further, That of the funds provided,
$40,000,000 shall be for forest products: Provided further,
That of the funds provided, $207,000,000 shall be for hazardous
fuels management activities, of which not to exceed $20,000,000
may be used to make grants, using any authorities available to
the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the Secretary
of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forest Restoration Act, Public Law 106-393, title VI,
shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the
``State and Private Forestry'' appropriation: Provided further,
That notwithstanding section 33 of the Bankhead Jones Farm
Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may
provide a credit of up to 50 percent of the calculated fee to a
Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal
year in which the cost of the conservation practice is
incurred, and that the amount credited shall remain available
to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and
each fiscal year thereafter for use on the project for
conservation practices approved by the Secretary: Provided
further, That funds appropriated to this account shall be
available for the base salary and expenses of employees that
carry out the functions funded by the ``Capital Improvement and
Maintenance'' account, the ``Range Betterment Fund'' account,
and the ``Management of National Forest Lands for Subsistence
Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $158,048,000, to remain available through
September 30, 2026, for construction, capital improvement,
maintenance, and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction, and
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and for maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $6,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That
$5,048,000 shall be for projects specified for Construction
Projects in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That funds becoming available in fiscal year
2023 under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury and shall not
be available for transfer or obligation for any other purpose
unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public
school districts, or other public school authorities, and for
authorized expenditures from funds deposited by non-Federal
parties pursuant to Land Sale and Exchange Acts, pursuant to
the Act of December 4, 1967 (16 U.S.C. 484a), to remain
available through September 30, 2026, (16 U.S.C. 516-617a,
555a; Public Law 96-586; Public Law 76-589, Public Law 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2026, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2026, to be derived from
the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $1,099,000, to remain available through
September 30, 2026.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and
water, $945,956,000, to remain available until expended:
Provided, That such funds, including unobligated balances under
this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds
appropriated in a previous fiscal year for hazardous fuels
management may be transferred to the ``National Forest System''
account: Provided further, That such funds shall be available
to reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further, That
funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$2,210,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g) of H. Res. 1151 (117th Congress), as engrossed in
the House of Representatives on June 8, 2022: Provided, That
such amounts may be transferred to and merged with amounts made
available under the headings ``Department of the Interior--
Department-Wide Programs--Wildland Fire Management'' and
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations in the fiscal
year in which such amounts are transferred: Provided further,
That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of the Interior or the
Department of Agriculture only upon the notification of the
House and Senate Committees on Appropriations that all wildfire
suppression operations funds appropriated under that heading in
this and prior appropriations Acts to the agency to which the
funds will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law: Provided further, That, in determining whether
all wildfire suppression operations funds appropriated under
the heading ``Wildland Fire Management'' in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or
permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3) of
such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to
the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft to maintain the
operable fleet for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided, That any transfer of funds pursuant to this
paragraph shall not increase or decrease the funds appropriated
to any account in this fiscal year by more than ten percent:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days: Provided,
That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management,
hazardous fuels management, and State fire assistance when such
transfers would facilitate and expedite wildland fire
management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water: Provided, That such transferred funds shall
remain available through September 30, 2026: Provided further,
That none of the funds transferred pursuant to this paragraph
shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations
of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
government, private sector, and international organizations:
Provided, That the Forest Service, acting for the International
Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation),
United States private sector firms, institutions and
organizations to provide technical assistance and training
programs on forestry and rangeland management: Provided
further, That to maximize effectiveness of domestic and
international research and cooperation, the International
Program may utilize all authorities related to forestry,
research, and cooperative assistance regardless of program
designations.
Funds appropriated to the Forest Service shall be available
to enter into a cooperative agreement with the Section
509(a)(3) Supporting Organization, ``Forest Service
International Foundation'' to assist the Foundation in meeting
administrative, project, and other expenses, and may provide
for the Foundation's use of Forest Service personnel and
facilities.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges: Provided,
That nothing in this paragraph shall prohibit or limit the use
of reimbursable agreements requested by the Forest Service in
order to obtain information technology services, including
telecommunications and system modifications or enhancements,
from the Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721
et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593,
of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the
Forest Service mission, without regard to when the Foundation
incurs expenses, for projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That of the Federal funds made available to the Foundation, no
more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain,
by the end of the period of Federal financial assistance,
private contributions to match funds made available by the
Forest Service on at least a one-for-one basis: Provided
further, That the Foundation may transfer Federal funds to a
Federal or a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service under the National
Forest System heading shall be available for the Secretary of
Agriculture to enter into cooperative agreements with other
Federal agencies, tribes, States, local governments, private
and nonprofit entities, and educational institutions to support
the work of forest or grassland collaboratives on activities
benefitting Federal lands and adjacent non-Federal lands,
including for technical assistance, administrative functions or
costs, and other capacity support needs identified by the
Forest Service.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil
litigation: Provided, That future budget justifications for
both the Forest Service and the Department of Agriculture
should clearly display the sums previously transferred and the
sums requested for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.) and administered by the Forest Service shall be
considered to be a Federal employee for purposes of chapter 171
of title 28, United States Code.
Funds appropriated to the Forest Service shall be available
to pay, from a single account, the base salary and expenses of
employees who carry out functions funded by other accounts for
Enterprise Program, Geospatial Technology and Applications
Center, remnant Natural Resource Manager, Job Corps, and
National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including rescission of funds)
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education
Assistance Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with respect
to the Indian Health Service, $4,919,670,000, to remain
available until September 30, 2024, except as otherwise
provided herein; and, in addition, $4,627,968,000, which shall
become available on October 1, 2023, and remain available
through September 30, 2025, except as otherwise provided
herein; together with payments received during each fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b) and 238b), for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further,
That $2,500,000 shall be available for each of fiscal years
2023 and 2024 for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided
further, That of the total amount of funds provided,
$1,993,510,000 shall remain available until expended for
Purchased/Referred Care, of which $996,755,000 shall be from
funds that become available on October 1, 2023: Provided
further, That of the total amount specified in the preceding
proviso for Purchased/Referred Care, $108,000,000 shall be for
the Indian Catastrophic Health Emergency Fund of which
$54,000,000 shall be from funds that become available on
October 1, 2023: Provided further, That for each of fiscal
years 2023 and 2024, up to $51,000,000 shall remain available
until expended for implementation of the loan repayment program
under section 108 of the Indian Health Care Improvement Act:
Provided further, That of the total amount of funds provided,
$116,000,000, including $58,000,000 from funds that become
available on October 1, 2023, shall be for costs related to or
resulting from accreditation emergencies, including
supplementing activities funded under the heading ``Indian
Health Facilities'', of which up to $4,000,000 for each of
fiscal years 2023 and 2024 may be used to supplement amounts
otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited in the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of that Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards under
the loan repayment and scholarship programs under sections 104
and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided
further, That the amounts made available within this account
for the Substance Abuse and Suicide Prevention Program, for
Opioid Prevention, Treatment and Recovery Services, for the
Domestic Violence Prevention Program, for the Zero Suicide
Initiative, for the housing subsidy authority for civilian
employees, for Aftercare Pilot Programs at Youth Regional
Treatment Centers, for transformation and modernization costs
of the Indian Health Service Electronic Health Record system,
for national quality and oversight activities, to improve
collections from public and private insurance at Indian Health
Service and tribally operated facilities, for an initiative to
treat or reduce the transmission of HIV and HCV, for a maternal
health initiative, for the Telebehaviorial Health Center of
Excellence, for Alzheimer's grants, for Village Built Clinics,
for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds provided
in this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act, except for
those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That none of the funds provided
that become available on October 1, 2023, may be used for
implementation of the Electronic Health Record System or the
Indian Health Care Improvement Fund: Provided further, That of
the funds provided, $74,138,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities
account: Provided further, That none of the funds appropriated
by this Act, or any other Act, to the Indian Health Service for
the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation
of a new Information Technology infrastructure system, unless
the Committees on Appropriations of the House of
Representatives and the Senate are consulted 90 days in advance
of such obligation.
Of the unobligated balances under the heading ``Indian Health
Services'' from amounts made available in title III of division
G of Public Law 117-103 for the fiscal year 2022 costs of
staffing and operating new facilities, $29,388,000 are hereby
rescinded.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and
Education Assistance Act agreements with the Indian Health
Service for fiscal year 2023, such sums as may be necessary:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account: Provided further, That
amounts obligated but not expended by a tribe or tribal
organization for contract support costs for such agreements for
the current fiscal year shall be applied to contract support
costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year
2023, such sums as may be necessary, which shall be available
for obligation through September 30, 2024: Provided, That
notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
indian health facilities
For construction, repair, maintenance, demolition,
improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with respect
to environmental health and facilities support activities of
the Indian Health Service, $958,553,000, to remain available
until expended; and, in addition, $501,490,000, which shall
become available on October 1, 2023, and remain available until
expended: Provided, That notwithstanding any other provision of
law, funds appropriated for the planning, design, construction,
renovation, or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 may be used for each of fiscal years
2023 and 2024 by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds provided that become available
on October 1, 2023, may be used for Health Care Facilities
Construction or for Sanitation Facilities Construction:
Provided further, That of the amount appropriated under this
heading for fiscal year 2023 for Sanitation Facilities
Construction, $15,192,000 shall be for projects specified for
Sanitation Facilities Construction (CDS) in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the
funds appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department
of Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation, and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms, or allowances therefor as authorized by 5 U.S.C.
5901-5902; and for expenses of attendance at meetings that
relate to the functions or activities of the Indian Health
Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act
and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes,
shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none
of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and
thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That
with respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain
available until expended: Provided further, That reimbursements
for training, technical assistance, or services provided by the
Indian Health Service will contain total costs, including
direct, administrative, and overhead costs associated with the
provision of goods, services, or technical assistance: Provided
further, That the Indian Health Service may provide to civilian
medical personnel serving in hospitals operated by the Indian
Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the
United States Public Health Service serving in similar
positions at such hospitals: Provided further, That the
appropriation structure for the Indian Health Service may not
be altered without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $83,035,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and section 3019 of the Solid Waste Disposal Act,
$85,020,000: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(i) of CERCLA during fiscal
year 2023, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of
1969, the Environmental Quality Improvement Act of 1970, and
Reorganization Plan No. 1 of 1977, and not to exceed $750 for
official reception and representation expenses, $4,676,000:
Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $14,400,000: Provided,
That the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$3,060,000, to remain available until expended, which shall be
derived from unobligated balances from prior year
appropriations available under this heading: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of
Public Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A of
title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$13,482,000, which shall become available on July 1, 2023, and
shall remain available until September 30, 2024.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $892,855,000, to remain available until
September 30, 2024, except as otherwise provided herein; of
which not to exceed $26,974,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
Smithsonian American Women's History Museum, National Museum of
the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including
such funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent
payable to the Smithsonian Institution, and such rent payments
may be deposited into the general trust funds of the
Institution to be available as trust funds for expenses
associated with the purchase of a portion of the building at
600 Maryland Avenue, SW, Washington, DC, to the extent that
federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust
funds of the Institution for such purpose shall not be
construed as Federal debt service for, a Federal guarantee of,
a transfer of risk to, or an obligation of the Federal
Government: Provided further, That no appropriated funds may be
used directly to service debt which is incurred to finance the
costs of acquiring a portion of the building at 600 Maryland
Avenue, SW, Washington, DC, or of planning, designing, and
constructing improvements to such building: Provided further,
That any agreement entered into by the Smithsonian Institution
for the sale of its ownership interest, or any portion thereof,
in such building so acquired may not take effect until the
expiration of a 30 day period which begins on the date on which
the Secretary of the Smithsonian submits to the Committees on
Appropriations of the House of Representatives and Senate, the
Committees on House Administration and Transportation and
Infrastructure of the House of Representatives, and the
Committee on Rules and Administration of the Senate a report,
as outlined in the explanatory statement described in section 4
of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $251,645,000, to
remain available until expended, of which not to exceed $10,000
shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, 76th
Congress), including services as authorized by 5 U.S.C. 3109;
payment in advance when authorized by the treasurer of the
Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms for
guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901-5902); purchase
or rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement, and
repair of buildings, approaches, and grounds; and purchase of
services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising,
with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may
deem proper, $170,240,000, to remain available until September
30, 2024, of which not to exceed $3,875,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for
operating lease agreements of no more than 10 years, that
address space needs created by the ongoing renovations in the
Master Facilities Plan, as authorized, $39,000,000, to remain
available until expended: Provided, That of this amount,
$27,208,000 shall be available for design and construction of
an off-site art storage facility in partnership with the
Smithsonian Institution and may be transferred to the
Smithsonian Institution for such purposes: Provided further,
That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the
National Gallery of Art may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
$27,640,000, to remain available until September, 30, 2024.
capital repair and restoration
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $17,740,000, to remain
available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5
U.S.C. 3109, $15,000,000, to remain available until September
30, 2024.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000 to
remain available until expended, of which $188,250,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $18,750,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the
Act, including $15,750,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the
National Foundation on the Arts and the Humanities may be used
for official reception and representation expenses: Provided
further, That funds from nonappropriated sources may be used as
necessary for official reception and representation expenses:
Provided further, That the Chairperson of the National
Endowment for the Arts may approve grants of up to $10,000, if
in the aggregate the amount of such grants does not exceed 5
percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation of
authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91
of title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this
account as an offsetting collection, to remain available until
expended without further appropriation: Provided further, That
the Commission is authorized to accept gifts, including
objects, papers, artwork, drawings and artifacts, that pertain
to the history and design of the Nation's Capital or the
history and activities of the Commission of Fine Arts, for the
purpose of artistic display, study, or education: Provided
further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the
Department of the Interior and Related Agencies Appropriations
Act, 1986, as enacted into law by section 101(d) of Public Law
99-190 (20 U.S.C. 956a), shall be applied in fiscal year 2023
in the second paragraph by inserting ``, calendar year 2020
excluded'' before the first period: Provided further, That in
determining an eligible organization's annual income for
calendar years 2021, 2022, and 2023, funds or grants received
by the eligible organization from any supplemental
appropriations Act related to coronavirus or any other law
providing appropriations for the purpose of preventing,
preparing for, or responding to coronavirus shall be counted as
part of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,750,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106-292 (36 U.S.C. 2301-2310), $65,231,000, of
which $1,000,000 shall remain available until September 30,
2025, for the Museum's equipment replacement program; and of
which $4,000,000 for the Museum's repair and rehabilitation
program and $1,264,000 for the Museum's outreach initiatives
program shall remain available until expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), in an amount not to exceed $90,000,000: Provided,
That such section is amended by striking ``$150,000,000'' and
inserting ``$250,000,000''.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission, $1,000,000,
to remain available until September 30, 2024: Provided, That in
addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from
any executive branch agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States
Semiquincentennial Commission to plan and coordinate
observances and activities associated with the 250th
anniversary of the founding of the United States, as authorized
by Public Law 116-282, the technical amendments to Public Law
114-196, $15,000,000, to remain available until September 30,
2024.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $550,000 to remain available
until September 30, 2024: Provided, That in addition to the
authority provided by section 3(g)(5) and 3(h) of Public Law
114-244, the Commission may hereafter accept in-kind personnel
services, contractual support, or any appropriate support from
any executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves, or holdbacks, including working
capital fund charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency,
or bureau administrative functions or headquarters, regional,
or central operations shall be presented in annual budget
justifications and subject to approval by the Committees on
Appropriations of the House of Representatives and the Senate.
Changes to such estimates shall be presented to the Committees
on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2024, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2023.
contract support costs, fiscal year 2023 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2023
under the headings ``Department of Health and Human Services,
Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2023
with the Bureau of Indian Affairs, Bureau of Indian Education,
and the Indian Health Service: Provided, That such amounts
provided by this Act are not available for payment of claims
for contract support costs for prior years, or for repayments
of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of section 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract to
be entered into without regard for these requirements,
including formula grants for States, or federally
recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal
laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (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 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.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a
group, unless the application is specific to the
contents of the season, including identified programs
or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line
(as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act of
1965--
(1) the Chairperson shall establish a grant category
for projects, productions, workshops, or programs that
are of national impact or availability or are able to
tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of grants
to improve and support community-based music
performance and education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity
within 60 days of enactment of this Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public
Law 108-108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect for
fiscal year 2023.
funding prohibition
Sec. 416. (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.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service
(referred to in this section as the ``Secretary concerned''),
may transfer excess wild horses and burros that have been
removed from land administered by the Secretary concerned to
other Federal, State, and local government agencies for use as
work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal, State,
or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall
not--
(1) destroy the horse or burro in a manner that
results in the destruction of the horse or burro into a
commercial product;
(2) sell or otherwise transfer the horse or burro in
a manner that results in the destruction of the horse
or burro for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of
severe injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and
wild horse or burro under the jurisdiction of the
Secretary concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in
the destruction of the wild horse or burro for
processing into a commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2023'' for ``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment
works 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 Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') 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 and 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 Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator 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 Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the
requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding section 121(c) of
title 40, United States Code, or section 521 of title 40,
United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management program
to such organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2024'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming procedures
contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2023'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2023'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2023'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended, shall
be applied by substituting ``fiscal year 2023'' for ``fiscal
year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106-113; 16 U.S.C. 528 note), as amended by
section 335(6) of Public Law 108-108 and section 432 of Public
Law 113-76, shall be applied by substituting ``fiscal year
2023'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under 43
CFR 3120.3 et seq., or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to the
completion of the cultural resources investigation identified
in the explanatory statement described in section 4 in the
matter preceding division A of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law, in
the case of any lease under section 105(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5324(l)),
the initial lease term shall commence no earlier than the date
of receipt of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2023
consult with tribes and tribal organizations through public
solicitation and other means regarding the requirements for
leases under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) on how to
implement a consistent and transparent process for the payment
of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law
111-88, as amended by section 117 of division F of Public Law
113-235, shall be applied by substituting ``fiscal year 2023''
for ``fiscal year 2020'' each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available
from the National Parks and Public Land Legacy Restoration Fund
for fiscal year 2023 pursuant to subsection (c) of section
200402 of title 54, United States Code, and as provided in
subsection (e) of such section of such title, to the agencies
of the Department of the Interior and the Department of
Agriculture specified, in the amounts specified, for the
stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund 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
the Interior and the Secretary of Agriculture, as appropriate,
shall allocate amounts made available for expenditure from the
Land and Water Conservation Fund for fiscal year 2023 pursuant
to subsection (a) of section 200303 of title 54, United States
Code, to the agencies and accounts specified, in the amounts
specified, and for the projects and activities specified in the
table titled ``Allocation of Funds: Land and Water Conservation
Fund Fiscal Year 2023'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Except as otherwise provided by subsection (c) of this
section, neither the President nor his designee may allocate
any amounts that are made available for any fiscal year under
subsection (c) of section 200402 of title 54, United States
Code, or subsection (a) of section 200303 of title 54, United
States Code, other than in amounts and for projects and
activities that are allocated by subsections (a)(1) and (a)(2)
of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of
amounts for continuing administration of programs allocated
funds from the National Parks and Public Land Legacy
Restoration Fund or the Land and Water Conservation Fund, which
may be allocated only in amounts that are no more than the
allocation for such purposes in subsections (a)(1) and (a)(2)
of this section.
(c) The Secretary of the Interior and the Secretary of
Agriculture may reallocate amounts from each agency's
``Contingency Fund'' line in the table titled ``Allocation of
Funds: National Parks and Public Land Legacy Restoration Fund
Fiscal Year 2023'' to any project funded by the National Parks
and Public Land Legacy Restoration Fund within the same agency,
from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be
reallocated if there is a risk to project completion
resulting from unforeseen cost overruns;
(2) ``Contingency Fund'' amounts may only be
reallocated for cost of adjustments and changes within
the original scope of effort for projects funded by the
National Parks and Public Land Legacy Restoration Fund;
and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the
Committees on Appropriations 30 days before taking any
actions authorized by this subsection if the amount
reallocated from the ``Contingency Fund'' line for a
project is projected to be 10 percent or greater than
the following, as applicable:
(A) The amount allocated to that project in
the table titled ``Allocation of Funds:
National Parks and Public Land Legacy
Restoration Fund Fiscal Year 2023'' in the
explanatory statement described in section 4
(in the matter preceding division A of this
consolidated Act); or
(B) The initial estimate in the most recent
report submitted, prior to enactment of this
Act, to the Committees on Appropriations
pursuant to section 431(e) of division G of the
Consolidated Appropriations Act, 2022 (Public
Law 117-103).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets for the projects in the
``Submission of Annual List of Projects to Congress'' required
by section 200402(h) of title 54, United States Code: Provided,
That the ``Submission of Annual List of Projects to Congress''
must include a ``Contingency Fund'' line for each agency within
the allocations defined in subsection (e) of section 200402 of
title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the
National Parks and Public Land Legacy Restoration Fund are no
longer needed to complete a specified project, such amounts may
be reallocated in such submission to that agency's
``Contingency Fund'' line: Provided further, That any proposals
to change the scope of or terminate a previously approved
project must be clearly identified in such submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate a list of supplementary allocations for Federal
land acquisition and Forest Legacy Projects at the National
Park Service, the U.S. Fish and Wildlife Service, the Bureau of
Land Management, and the U.S. Forest Service that are in
addition to the ``Submission of Cost Estimates'' required by
section 200303(c)(1) of title 54, United States Code, that are
prioritized and detailed by account, program, and project, and
that total no less than half the full amount allocated to each
account for that land management Agency under the allocations
submitted under section 200303(c)(1) of title 54, United States
Code: Provided, That in the event amounts allocated by this Act
or any prior Act pursuant to subsection (a) of section 200303
of title 54, United States Code are no longer needed because a
project has been completed or can no longer be executed, such
amounts must be clearly identified if proposed for reallocation
in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects
in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and on the list
of supplementary allocations required by subparagraph (A) shall
be comprised only of projects for which a willing seller has
been identified and for which an appraisal or market research
has been initiated.
(C) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and
containing the same level of detailed information that is found
on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget
for the projects in the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States
Code, and in the same format and containing the same level of
detailed information that is found on such sheets submitted to
the Committees pursuant to section 427 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-
94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture 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
National Parks and Public Land Legacy Restoration Fund for
amounts allocated pursuant to subsection (a)(1) of this section
and the status of balances of projects and activities funded by
the Land and Water Conservation Fund for amounts allocated
pursuant to subsection (a)(2) of this section, including all
uncommitted, committed, and unobligated funds, and, for amounts
allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency
shall, consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal
departments and agencies; and
(B) recognizes the full benefits of the use
of forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use
of forest biomass as an energy solution, including
policies that--
(A) reflect the carbon neutrality of forest
bioenergy and recognize biomass as a renewable
energy source, provided the use of forest
biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout
the forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve
forest health; and
(D) recognize State initiatives to produce
and use forest biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect
to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall
implement the law and regulations in effect prior to such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act to
the Department of the Interior or the Department of Agriculture
that are subject to the allocations and limitations in 54
U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f) may be
further allocated or reallocated to the Federal Highway
Administration for transportation projects of the covered
agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any
other law.
road construction
Sec. 439. Section 8206(a)(4)(B)(i) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting
``or Bureau of Land Management managed'' after ``National
Forest System''.
firefighter pay cap
Sec. 440. Section 1701 of division B of the Extending
Government Funding and Delivering Emergency Assistance Act (5
U.S.C. 5547 note), as amended by Public Law 117-103, is further
amended--
(1) in subsection (a)(1), by striking the last
sentence and inserting ``Any Services during a given
calendar year that generate payments payable in the
subsequent calendar year shall be disregarded in
applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting
``or 2023'' after ``or 2022'' each place it appears.
forest service interest bearing account
Sec. 441. (a) Investment Authority.--Any monies covered into
the Treasury under section 7 of the Act of June 20, 1958
(Public Law 85-464; 16 U.S.C. 579c), including all monies that
were previously collected by the United States in a forfeiture,
judgment, compromise, or settlement, shall be invested by the
Secretary of the Treasury in interest bearing obligations of
the United States to the extent the amounts are not, in the
judgment of the Secretary of the Treasury, required to meet
current withdrawals.
(b) Availability of Funds.--Any interest earned under
subsection (a) shall be available in the same manner as the
monies covered into the Treasury under section 7 of the Act of
June 20, 1958 (Public Law 85-464; 16 U.S.C. 579c) to cover the
costs to the United States specified in section 7 of that Act.
(c) Use of Funds.--Any portion of the monies received or
earned under subsection (a) in excess of the amount expended in
performing the work necessitated by the action which led to
their receipt may be used to cover the other work specified in
section 7 of the Act of June 20, 1958 (Public Law 85-464; 16
U.S.C. 579c).
(d) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
technical correction
Sec. 442. In the table entitled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' in the explanatory
statement described in section 4 in the matter preceding
division A of Public Law 117-103 and in the table under the
heading ``Disclosure of Earmarks and Congressionally Directed
Spending Items'' in such explanatory statement, the project
relating to ``City of Metlakatla for Solid Waste Multi Use
Portable Shredder'' is deemed to be amended by striking ``City
of Metlakatla for Solid Waste Multi Use Portable Shredder'' and
inserting ``Metlakatla Indian Community for Solid Waste Multi
Use Portable Shredder''.
hazardous substance superfund
Sec. 443. (a) Section 613 of title VI of division J of Public
Law 117-58 is repealed.
(b) For this fiscal year and each fiscal year thereafter,
such sums as are available in the Hazardous Substance Superfund
established under section 9507 of the Internal Revenue Code of
1986 at the end of the preceding fiscal year from taxes
received in the Treasury under subsection (b)(1) of such
section shall be available, without further appropriation, to
remain available until expended, to be used to carry out the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.): Provided, That
the amount provided by this subsection 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.
(c) Expenditures made pursuant to section 613 of title VI of
division J of Public Law 117-58 shall be charged to the
appropriation in subsection (b).
golden gate national recreation area
Sec. 444. Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2)
is amended by adding at the end the following:
``(j) Authority to Grant Easements and Rights-of-Way
Permit.--
``(1) In general.--The Secretary of the Interior may
grant, to any State or local government, an easement or
right-of-way permit over Federal lands within Golden
Gate National Recreation Area for operation and
maintenance of projects for control and prevention of
flooding and shoreline erosion and associated
structures for continued public access.
``(2) Charges and reimbursements of costs.--The
Secretary may grant such an easement or right-of-way
permit without charge for the value of the use so
conveyed, except for reimbursement of costs incurred by
the United States for processing the application
therefore and managing such use. Amounts received as
such reimbursement shall be credited to the relevant
appropriation account.''.
alaska native regional health entities authorization extension
Sec. 445. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76) shall
be applied by substituting ``October 1, 2023'' for ``December
24, 2022''.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2023''.
[Clerk's note.--Reproduced below is the material relating
to division G 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 S8646 of
Book II.
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DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
The following statement is an explanation of the effects of
Division G, which provides appropriations for the Department of
the Interior, the Environmental Protection Agency (EPA), the
Forest Service, the Indian Health Service, and related agencies
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 117-400
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 where the House report or this joint explanatory
statement direct the submission of a report, such report is to
be submitted to both the House and Senate Committees on
Appropriations. Where this joint explanatory statement refers
to the Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House Subcommittee on
Interior, Environment, and Related Agencies and the Senate
Subcommittee on Interior, Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This joint explanatory statement addresses only those agencies
and accounts for which there is a need for greater explanation
than provided in the Act itself. Funding levels for
appropriations by account, program, and activity, with
comparisons to the fiscal year 2022 enacted level and the
fiscal year 2023 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Continued Directives.--The Committees continue the
directives in the explanatory statement accompanying Public Law
117-103 regarding Deferred Maintenance; Training, Hiring, and
Public Lands Education in Alaska; and the Federal Lands
Recreation Enhancement Act. The Committees also continue the
directives in the explanatory statement accompanying Public Law
116-94 regarding Everglades Restoration as well as the
directives in the explanatory statement accompanying Public Law
116-260 regarding Transparency of Information Regarding Grants,
Agreements, Research, and Conferences Attendance.
Disaster Recovery Needs.--The Committees direct the
Department of the Interior and the other agencies funded in
this bill to establish quarterly reporting requirements for
their component bureaus, regions, offices, and programs, as
appropriate, to maintain up-to-date comprehensive information
for supplemental funding needs related to disaster recovery,
which shall be delivered to the Committees within 30 days of a
quarter closing.
Land Grants, Acequias and Community Ditches.--The
Secretaries of the Department of the Interior and the
Department of Agriculture are urged to recognize the
traditional use of State-recognized community land grants,
acequias, and community ditches in the American Southwest
during the land use planning process. The Department of the
Interior and the Forest Service shall, in accordance with
applicable law, consider and, as appropriate, provide for
traditional-historic uses by these entities within land
management plans.
Secretarial Order 3407.--Within 90 days of enactment of
this Act, the Committees direct the Department of the Interior
to provide a written plan regarding implementation of
Secretarial Order 3407, including specific steps planned and a
timeline.
Tribal Lease Payments.--The Committees are aware of recent
litigation in Federal courts regarding what constitutes
reasonable lease costs under the 105(l) program. As part of the
consultation required by language in Title IV of this Act, the
Indian Health Service and the Department of the Interior are
expected to consult with Tribes and Tribal organizations
regarding agency regulations and policies that determine the
amount of space and other standards necessary to carry out
Federal programs under a section 105(l) lease, and to ensure
that such regulations and policies are consistent, transparent,
and clearly communicated to affected Tribes. The Service and
the Department are expected to periodically update the
Committees on the status of the consultation.
Land and Water Conservation Fund
With enactment of the Great American Outdoors Act (GAOA)
(Public Law 116-152), Congress provided a permanent
appropriation of $900,000,000 per year from the Land and Water
Conservation Fund (LWCF). Along with other mandatory
appropriations, LWCF programs are subject to a 5.7%
sequestration, with those sequestered amounts becoming
available in the subsequent fiscal year. GAOA also mandated
that account allocations and detailed project information be
proposed by the administration each year through the
President's annual budget submission, and that such
allocations, following review by the Committees on
Appropriations, may be modified through an alternate
allocation.
A detailed table accompanying this explanatory statement
shows the LWCF allocation for fiscal year 2023 by agency,
account, activity, and project, including lists of specific
Federal land acquisition projects and Forest Legacy Program
projects, including congressionally directed spending.
Additional tables provide the sequestration adjustments and
details for the reallocation of unobligated balances
appropriated in previous years to projects that have been
completed, deferred, or terminated and are being transferred to
currently viable projects. The agencies are expected to
continue to follow the directions included in the explanatory
statement accompanying the Consolidated Appropriations Act,
2021 (Public Law 116-260) under General Implementation.
Specific additional directions follow.
Department of the Interior.--The recently-established
Department-wide working group on appraisal and land acquisition
is working to identify root causes for delays and challenges in
the current Appraisals and Valuation Services Office (AVSO) and
bureau realty processes. The working group shall evaluate
processes to improve uniform Departmental appraisal policies,
options for returning some appraisal or valuation functions to
the bureaus, if any, utilizing third party contracting, and
clarifying the roles and responsibilities of federal and non-
federal parties. AVSO should incentivize recruitment, invest in
retention and apprenticeship, improve process efficiency, and
improve collaboration with its client bureaus. Requesting
bureaus may release unredacted appraisal reports to intended
users after a report has been reviewed and approved for agency
use after consultation with AVSO. In addition to the reporting
requirement in House Report 117-400, the Department is directed
to report to the Committees on process improvements within 90
days of enactment of this Act.
Bureau of Land Management.--The Bureau should prioritize
recreational access funds to acquire conservation easements or
right of way acquisitions for high priority access parcels
identified as part of the Department's conformance with Section
4105 of the John D. Dingell, Jr. Conservation, Management, and
Recreation Act (Public Law 116-9) in order to reduce areas of
public lands that have significantly restricted public access.
Fish and Wildlife Service.--The Service is expected to
provide outreach to all units of the National Wildlife Refuge
System, including Clarks, Edwards, Green River, Loxahatchee,
McKinney, and Ottawa, to ensure these refuges are accessing all
available funding tools, including recreational access and
inholdings. The Service is strongly encouraged to begin due
diligence work on the accumulating backlog of parcels available
at Clarks River National Wildlife Refuge. The Committees
encourage the Service toconsider habitat conservation plan land
acquisition applications that enhance efforts to establish state
research forests through the Cooperative Endangered Species
Conservation program.
National Park Service.--The bill provides $336,028,000 for
the state assistance program. In addition, the Service has
$59,900,000 in unobligated funds from Fiscal Year 2019 and
prior years not associated with any State's allocation. The
bill also provides authority for the Service to use up to seven
percent of the funds provided for State Conservation Grants to
support States in covering their administrative costs, which
will allow the program to improve its ability to obligate funds
in a timely manner.
Forest Service.--The Forest Service is strongly encouraged
to explore funding opportunities for tracts available for
acquisition in the Talladega and Conecuh National Forests. The
Service should examine ways to improve the appraisal process,
including uniform Service-wide appraisal and real estate
policies that provide consistency across regions and ensure
delivery of timely appraisals, as well as effective,
collaborative use of partners to improve efficiency and project
success, allowing for third party contracting and other
engagement where appropriate. The Service is directed to report
to the Committees on appraisal program improvements within 90
days of enactment of this Act.
Within 45 days of enactment of this Act, the Service shall
submit a reprogramming request in accordance with the
Committees' established reprogramming guidelines for additional
unobligated balances to be used for Forest Legacy Program
projects included in the supplemental list submitted to the
Committees pursuant to Public Law 116-220.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department of
the Interior, Environment, and Related Agencies Appropriations
Act. The agencies funded in this Act are reminded that these
reprogramming guidelines are in effect, and must be complied
with, until such time as the Committees modify them through
bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one budget
activity, budget line-item, or program area to another within
any appropriation funded in this Act. In cases where either the
House or Senate Committee on Appropriations report displays an
allocation of an appropriation below that level, the more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total of
10 staff members or 10 percent of the staffing of an affected
program or office, whichever is less, even without a change in
funding. Any change to the organization table presented in the
budget justification shall also be subject to this requirement.
Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that require
agencies funded by this Act to submit reorganization proposals
for the Committees' review prior to their implementation. It is
noted that such reprogramming guidelines apply to proposed
reorganizations, workforce restructure, reshaping, transfer of
functions, or bureau-wide downsizing and include closures,
consolidations, and relocations of offices, facilities, and
laboratories. In addition, no agency shall implement any part
of a reorganization that modifies regional or State boundaries
for agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated personnel
impacts and funding changes anticipated to implement the
proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the project
or the activity until the next appropriation year would result
in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the regular
appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected programs
or projects, whichever amount is less, with the following
exceptions:
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than 60
days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.
(c) With regard to the National Park Service, the
Committees do not require reprogramming requests associated
with the park base within the Park Management activity in the
Operation of the National Park System Account. The Service is
required to brief the House and Senate Committees on
Appropriations on spending trends for the park base within 60
days of enactment of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to a
budget activity or budget line item for costs associated with
general agency administrative costs, overhead costs, working
capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees in the budget
justifications and are subsequently approved by the Committees.
The explanation for any assessment in the budget justification
shall show the amount of the assessment, the activities
assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications, shall
be submitted through the reprogramming process and shall be
subject to the same dollar and reporting criteria as any other
reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other budget
activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or limited
by Congress or to finance programs or activities that could be
foreseen and included in the normal budget review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification to,
and the approval of, the Committees. This restriction applies
to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall be
reported to the Committees within 60 days of the end of each
quarter and shall include cumulative totals for each budget
activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees have
had 30 days in which to examine the proposed exchange. ln
addition, the Committees shall be provided advance notification
of exchanges valued between $500,000 and $1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Management of Lands and Resources (MLR).--The bill provides
$1,368,969,000 for the Management of Lands and Resources
appropriation. All programs and activities are funded at the
amounts enacted in fiscal year 2022 unless otherwise specified
below or in the table at the end of this division. Fixed costs
are provided. The Bureau is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 117-400 unless otherwise specified below.
While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein. The Bureau will also continue to
follow the directives included in the explanatory statement
accompanying Public Law 117-103 related to the Wild Horse and
Burro Program, National Trails, Circumpolar Wildland Fire,
Vacant Grazing Allotments, Sheep Disease Transmission, Coos Bay
Wagon Road Act Lands, Sudden Oak Death, and Tribal Coordination
on Energy. Funding for the National Scenic Historic Trails has
been consolidated in a new line in National Conservation Lands.
Rangeland Management.--The agreement provides $112,340,000.
House report 117-400 direction for grazing permit renewals is
maintained.
Forestry Management.--The agreement provides $10,814,000
which includes a program increase of $200,000 for general
programs.
Land Management Priorities.--The bill provides $3,500,000
for congressionally directed spending in this program. A
detailed list of projects is included in the ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this statement.
Wildlife Habitat Management.--The agreement provides
$148,938,000 which includes $20,600,000 for Plant Conservation
and Restoration, $71,000,000 for sage-grouse habitat, and
$34,000,000 for Threatened and Endangered Species. The Bureau
is directed to provide a report within 180 days of enactment of
this Act on a needs assessment and cost analysis of
conservation actions to ensure the future sustainability of
habitat identified in recent departmental work on ungulate
migrations in the Western United States and improving habitat
quality in western big game winter range and migration
corridors. The Committees continue to focus on improving and
restoring sage-grouse habitat and expect the Bureau to use the
resources provided to increase capacity, implement the National
Seed Strategy, and detect and remove invasive plants.
Legacy Wells.--The bill provides no less than $28,900,000
for legacy well remediation to maintain program capacity and
continue progress toward cleanup of the next cluster of legacy
wells in need of remediation.
Resource Management Planning.--The bill provides
$69,029,000 which maintains $10,000,000 for sage grouse. The
Committees understand the Bureau is expected to finalize the
resource management plan amendments currently underway for
Greater sage-grouse conservation and is encouraged to consider
Area of Critical Environmental Concern designations where
appropriate.
Abandoned Mine Lands and Hazardous Materials Management.--
The agreement provides $57,166,000 which includes program
increases and $16,503,000 for remediation of abandoned mine
land sites.
Administrative Support.--The agreement provides $56,305,000
which includes the budget request for diversity, inclusion and
compliance, Justice 40, HR support, and the Foundation for
America's Public Lands. Bill language and direction as outlined
in House Report 117-400 is maintained.
National Conservation Lands.--The agreement provides
$61,599,000 which includes $11,000,000 in a new line for the
National Scenic and Historic Trails.
The Committees expect the increase provided will create
capacity to initiate or revise management plans for recently
designated or expanded monuments, including Cascade-Siskiyou
National Monument and Rio Grande del Norte National Monument,
and address other high priority areas.
Off-Highway Vehicle Pilot Program.--In addition to the
direction in House Report 117-400, the Committees strongly
encourage the Bureau to dedicate two additional employees to
support high-volume special recreation permit (SRP) offices and
examine moving the threshold for recovering SRP processing
costs from 50 to 100 hours.
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $120,334,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity and subactivity level are contained in the table
at the back of this explanatory statement. The Bureau will
continue to follow and implement the directives included in the
explanatory statement accompanying Public Law 117--103 under
this heading.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands grazing
receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated to
be $30,000,000 for Service Charges, Deposits, and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,555,684,000 for Resource Management.
All programs and activities are funded at the amounts enacted
in fiscal year 2022 unless otherwise specified below or in the
table at theend of this division. Fixed costs are provided. The
Service is expected to comply with the instructions and requirements at
the beginning of this division and in House Report 117-400 unless
otherwise specified below. While some language is repeated for
emphasis, it is not intended to negate the language referred to above
unless expressly provided herein.
The Service is expected to comply with language contained
in the explanatory statement accompanying Public Law 117-103,
the Consolidated Appropriations Act, 2022 regarding Traditional
Knowledge, Subsistence Activities, Continued Funding
Prohibitions, Sea Otters, Polar Bear Tourism, Conservation
Banking Report, and Ozark Hellbender. The agreement reiterates
the direction in House Report 117-83 and the explanatory
statement accompanying Public Law 116-260 regarding American
red wolves. In addition, language contained in Senate Report
116-123 subtitled Native Handicrafts, Central Everglades
Planning Project, Loxahatchee National Wildlife Refuge, is
restated. The agreement reiterates that the Service's 2016
regulation does not apply to Alaska Native handicrafts made
from walrus ivory and mammoth ivory.
Ecological Services.--The agreement provides $296,033,000
for programs and activities within Ecological Services,
including $23,398,000 for listing.
Planning and Consultation.--The agreement provides
$120,858,000 which maintains $4,000,000 for Gulf Coast
restoration activities and provides $96,373,000 for general
program activities for building staff capacity. The Committees
understand concerns exist regarding the timing of processing of
Endangered Species Act Section 7 consultation requests, such as
in West Virginia. While the Committees recognize the Service is
working to clear the backlog, the Service is directed to report
to the Committees within 90 days of enactment of this Act on a
review of the process and provide recommendations on ways to
improve and expedite the process.
Conservation and Restoration.--The agreement provides
$37,653,000 for conservation and restoration activities which
includes $7,220,000 for marine mammals with the increase
directed toward manatees; $500,000 for the Alaska Nannut Co-
Management Council (ANCC); $250,000 for the Eskimo Walrus
Commission (EWC); and $15,037,000 for candidate conservation.
The Service is expected to complete the survey and stock
assessment of northern sea otters in Southeast Alaska and
assess this population relative to the optimum sustainable
level, improve management strategies, and document ecological
impacts of sea otters. Upon finalization of this report, the
Service shall transmit the report to the Committees.
Collaboration between Federal Agencies and Private Forest
Owners.--The Committees recognize that many at-risk species
inhabit private lands, and that the Service must consider non-
regulatory and voluntary collaborative conservation efforts
with private landowners to accomplish its mission. The Service
is directed to continue to utilize its grant and other programs
to pursue collaborative species conservation to the maximum
extent practicable, specifically for the Northern Long-Eared
Bat and the Wood Turtle. Overall, these ongoing collaborative
efforts with private landowners through programs such as the
Wildlife Conservation Initiative will play a vital role in
conserving at-risk and listed species, allow for cooperation,
and ultimately help achieve important wildlife conservation
outcomes.
Recovery.--The agreement provides $114,124,000 for
activities in support of the recovery and delisting of
threatened and endangered species which includes $4,750,000 for
the State of the Birds to respond to the urgent needs of
critically endangered birds that, due to climate change, now
face imminent extinction from non-native mosquitoes that carry
avian malaria and other pathogens lethal to these birds;
$2,300,000 for the Prescott Grant program; $1,000,000 for the
wolf-livestock demonstration program; and $87,192,000 for
general program activities with a particular focus on building
staff capacity.
The agreement provides $10,500,000 for Recovery Challenge
matching grants. Recovery Challenge grants are to be used to
implement high priority recovery actions as prescribed in
recovery plans to recover federally listed species. Actions
should include, but are not limited to, genetically-sound
breeding, rearing, and reintroduction programs. Project
partners must provide contributions at least 50% of the project
cost, with the remaining funding coming from Recovery Challenge
funds. Partner contribution calculations may include in-kind
services. Unless an affected State is a partner on the project,
no funds may be awarded to a project until the project partners
have consulted with such State.
State Research Forests.--The Service is encouraged to
support cooperative research, monitoring, and recovery efforts
for the protection and recovery of spotted owl and marbled
murrelet species on state research forests.
Florida Grasshopper Sparrow.--The Service is directed to
continue to support the Florida grasshopper sparrow recovery
efforts and the captive breeding program as managed by its
conservation partners as referenced in Senate Report 116-123
and the agreement provides $350,000.
Western Monarchs and Other Pollinators.--The Service is
directed to utilize Service-managed lands to the maximum extent
practicable to serve as habitat corridors for migrating
monarchs, in particular the western monarch. The Committees
recognize the Service provides resources for monarchs and other
pollinators across multiple accounts, and this agreement
provides no less than $7,000,000 for the western monarch
butterfly and other pollinators which includes $4,000,000
within National Wildlife Refuge System, Inventory and
Monitoring and $3,000,000 in Science Support. The Service is
encouraged to work alongside Federal agencies, State, Tribal,
and non-governmental organizations on a comprehensive strategy
to increase habitat and monitoring of critical pollinator
species. The Service is expected to continue to work with the
National Fish and Wildlife Foundation to expand and leverage
monarch recovery efforts.
Western Yellow Rail.--The Service is encouraged to
contribute to regional cooperative efforts in the study,
conservation, and management of the western Yellow Rail in the
Pacific Northwest.
Habitat Conservation.--The agreement provides $74,224,000
for habitat conservation programs, of which $60,267,000 is for
the Partners for Fish and Wildlife program and $13,957,000 is
for the Coastal Program. The agreement provides $3,200,000 for
nutria eradication project and notes additional funding is
provided in the National Wildlife Refuge System.
Klamath Restoration.--The Service is directed to consider
additional activities that could be undertaken to recover
endangered and threatened species, restore habitat, and improve
the health of the Klamath Basin National Wildlife Refuges with
the funds provided in fiscal year 2023 and during the fiscal
year 2024 budget formulation. The Service is also encouraged to
continue to coordinate with the Bureau of Reclamation where
appropriate and consult with Tribes.
National Wildlife Refuge System.--The agreement provides
$541,555,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides
$16,925,000 for invasive species to focus on high priority
invasive species including nutria, buffelgrass, and cheatgrass;
$3,000,000 for nutria eradication; $500,000 to help refuges
improve water efficiency in order to maintain, improve, replace
and upgrade refuge infrastructure on areas such as the Quivira
National Wildlife Refuge; $2,500,000 for Marine National
Monuments and maintains the direction in House Report 117-400
on the Northeast Canyons and Seamounts Marine National
Monument; $25,924,000 for inventory and monitoring including no
less than $4,000,000 for western monarchs and pollinators and
$1,000,000 for chronic wasting disease.
Staffing of the National Wildlife Refuge System.--Over the
past 10 years, the Refuge System's full-time equivalent (FTE)
staffing has decreased while the Refuge System has continued to
grow. Funding increases have been provided so the Service can
prioritize hiring FTEs to the maximum extent practicable,
particularly to fill longstanding vacancies in the refuge
system such as at the Northern Maine Wildlife Refuge Complex
and Chesapeake Marshlands National Wildlife Refuge Complex.
Visitor Services.--The agreement includes $80,859,000 which
includes $7,000,000 for the Urban Wildlife Refuge Partnership
program and $500,000 for Arctic Youth.
Refuge Management Plans.--The agreement includes $3,684,000
for Conservation Planning and notes the increase over the
fiscal year 2022 enacted level is for the Service to prioritize
updating refuge management plans that predate the National
Wildlife Refuge Improvement Act of 1997, to improve the
management of refuges in a manner consistent with the strategic
vision of the National Wildlife Refuge System.
Alaska Maritime National Wildlife Refuge.--The Service is
directed to continue to follow the directive from previous
fiscal years that prohibits a caribou hunt on Kagalaska Island
and efforts to remove cattle on Chirikof and Wosnesenski
Islands in the State of Alaska.
John H. Chafee National Wildlife Refuge.--The Committees
support the salt marsh restoration work in the John H. Chafee
National Wildlife Refuge to enhance salt marsh resiliency with
native plantings, tidal flushing, and other drainage work. The
Service is encouraged to prioritize these ongoing efforts.
Kenai National Wildlife Refuge.--The Committees are aware
the Kenai National Wildlife Refuge has identified 2,500 acres
of forested habitat impacted by spruce bark beetles that is
currently ready for treatment, several acres of which are
adjacent to existing roads, facilities, campgrounds, trails,
and other high use recreation sites. To protect the Refuge and
surrounding communities, the Committees encourage the Service
to treat the 2,500 high priority acres ready for treatment
within the funds provided. These treatments would meet multiple
objectives by removing beetle-killed trees and reducing risk to
the public, employees, and infrastructure, while reducing
accumulations of hazardous fuels.
Good Neighbor Agreements.--The Committees note that forest
ecosystems in the National Wildlife Refuge System are
susceptible to elevated wildfire risk, drought, and insect and
disease infestation. The Committees recognize that the
environmental stewardship of national wildlife refuges and
adjacent non-Federal lands would benefit if the Service offered
cross-boundary fuels reduction projects to neighboring State,
local, and Tribal governments similar to those issued by other
land management agencies under Good Neighbor Agreements [GNA].
Therefore, the Department of the Interior is encouraged to
develop a legislative proposal that would provide GNA authority
to the Service.
Refuge Maintenance.--The agreement includes $25,850,000 for
annual maintenance; $46,579,000 for deferred maintenance;
$12,201,000 for equipment and vehicles; and $65,581,000 for
maintenance support.
Conservation and Enforcement.--The agreement provides
$175,038,000 for other conservation and enforcement programs as
described below.
Migratory Bird Management.--The agreement provides
$53,860,000 which includes $30,935,000 for Conservation and
Monitoring of which $600,000 is to manage bird-livestock
conflicts, $333,000 is for urban bird treaties, and $800,000 is
for clean energy; $5,513,000 is for Permits; $591,000 is for
the Federal Duck Stamp program; and $16,821,000 is for the
North American Waterfowl Management Plan/Joint Ventures
program.
Law Enforcement.--The agreement provides $92,099,000 for
law enforcement activities, including the requested internal
transfer of $144,000 to General Operations, and $3,500,000 to
continue the Service's work with the Indian Arts and Crafts
Board to combat international trafficking of counterfeit arts
and crafts and to conduct criminal investigations of alleged
violations of the Indian Arts and Crafts Act (Public Law 101-
644).
Within 120 days of enactment of this Act, the Committees
direct the Service to develop a report outlining the challenges
associated with combatting wildlife trafficking, including
those challenges associated with hiring and retraining law
enforcement personnel and payments made to informants to gather
intelligence.
International Affairs.--The agreement provides $29,079,000
including $10,098,000 for International Conservation and
$18,981,000 for International Wildlife Trade. Funds requested
to continue progress on the electronic permit application and
processing system are provided. The Theodore Roosevelt Genius
Prizes for technological innovation to help conserve and manage
wildlife is maintained at the fiscal year 2022 enacted level.
The Committees are aware of proposed import revisions and
direct the Service to continue to apprise the Committees of any
additional actions regarding protecting lions and other iconic
species that are hunted for trophies to ensure the conservation
and survival of those species.
Fish and Aquatic Conservation.--The agreement provides
$241,571,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $76,356,000 which includes: $3,750,000 for Klamath
Basin restoration activities and directs the Service to work
with the affected Tribes on fish restoration activities;
$4,700,000 for mitigation of the Pacific Salmon Treaty and
directs the Service to work in cooperation with State fish and
game agencies and which includes $1,556,000 for implementation
of the Yukon River Salmon Agreement and funding for anadromous
salmonids. The Service is directed to continue to work in
cooperation with State fish and game agencies on marking of
anadromous fish and the agreement maintains funding for mass
marking at the fiscal year 2022 enacted level. None of the
funds provided under this subactivity may be used to terminate
operations or to close any facility of the National Fish
Hatchery System. None of the production programs listed in the
March 2013 National Fish Hatchery System Strategic Hatchery and
Workforce Planning Report may be reduced or terminated without
advance, informal consultation with affected States and Tribes.
The Service is encouraged to include adequate support for
mitigation activities at National Fish Hatcheries in future
budget submissions.
The bill provides $8,000,000 for the Warm Springs Fish
Health Center (FHC) which provides disease diagnosis,
biosecurity and disease management, disease treatment and
prevention, fish health inspection services for Federal, State,
and Tribal hatcheries responsible for production of salmonids
and warm water species for recovery, restoration, and
recreational fisheries, and inspection and certificates for the
National Triploid Grass Carp Protection. Additional funding is
provided to develop environmental DNA tools to forecast and
detect aquatic invasive species, aquatic nuisance species,
aquatic pathogens, and rare species for Federal, State, and
Tribal hatcheries.
Habitat Assessment and Restoration.--The agreement provides
$51,826,000, which includes $11,500,000 to implement the
Delaware River Basin Conservation Act; $200,000 for the Truckee
River Operating Agreement; $268,000 for the Chehalis Fisheries
Restoration Program; $18,598,000 for the National Fish Passage
Program which includes $5,000,000 to implement the Fisheries
Restoration and Irrigation Mitigation Act (Public Law 106-502)
for fish passage devices, fish screens and other related
features to mitigate the impacts on fisheries in the Pacific
Ocean drainage of Oregon, Washington, Montana, Idaho, and
California; and $9,750,000 to implement Klamath Basin
restoration activities.
Population Assessment and Cooperative Management.--The
agreement provides $36,932,000 which includes $3,000,000 for
Great Lakes Fish and Wildlife Restoration Act grants;
$1,000,000 for Great Lakes Consent Decree; $818,000 for the
Lake Champlain Sea lamprey program; and $1,000,000 in General
Program Activities for snakehead eradication. The agreement
also provides $500,000 in General Program Activities for
American Shad and in addition to direction in House Report 117-
400, the Service is encouraged to collaborate with academic
research institutions, and State, Tribal, and local
governments.
Within one year of enactment of this Act, the Committees
direct the Service to work with the State of Alaska to develop
a joint strategy with management recommendations on subsistence
hunting and fishing that will help increase food security in
rural areas in the State. This joint strategy should include
public input from Alaska's rural residents, document and apply
local and traditional knowledge, and identify any needed
regulatory flexibilities to respond to the timing and changing
distributions of fish and wildlife populations.
Connecticut River Atlantic Salmon Commission.--The
agreement provides $700,000 for the Connecticut River Atlantic
Salmon Compact, as authorized in Public Law 98-138, for
research, monitoring, conservation, and habitat restoration
work related to this high-priority watershed. The Committees
direct that the Secretary undertake a special resource study of
the national significance of, and the suitability and
feasibility of carrying out a basin-scale, nonregulatory
program of conservation, stewardship, and enhancement of
habitat for fish and wildlife in the Connecticut River basin.
Aquatic Invasive Species.--The agreement includes
$50,143,000 for aquatic invasive species programs, of which
$2,749,000 is for Prevention; $5,038,000 is to implement
subsection 5(d)(2) of the Lake Tahoe Restoration Act which is
supplemented by funding provided in Public Law 117-58 for
fiscal year 2023; $31,000,000 is for invasive carp as outlined
in House Report 117-400 and Senate Report 116-123 including not
less than $4,000,000 for contract fishing; $2,834,000 for NISA
State Plans and $1,566,000 for NISA implementation which help
control the spread of invasive carp; $3,500,000 is to prevent
the spread of quagga and zebra mussels; $1,500,000 is for
research on hydrilla, eel, and milfoilinvasive grasses; and
$1,011,000 is for Great Lakes Sea Lamprey administration costs.
Direction to the Office of the Secretary contained in House Report 117-
400 is maintained. The Committees urge the Secretary to provide the
necessary resources for National Early Detection and Rapid Response
Framework and Rapid Response Fund.
Invasive Carp.--The Committees recognize the importance of
the work conducted by the Service to combat the serious threat
of invasive carp and the bill provides $27,000,000 for invasive
carp activities, as directed in House Report 117-400 including
the direction for contract fishing. The Service should consider
the utility of creating a dedicated funding source to increase
the intensity and geographic scope of efforts to prevent entry
into the Great Lakes and control in areas where invasive carp
are currently located. The Committees encourage the Service to
work with those States with existing cooperative agreements,
including nonprofits, to develop and implement innovative
solutions to reduce invasive carp populations in the Ohio River
basin, with emphasis on Kentucky Lake and Lake Barkley.
Additionally, while the Committees recognize the importance of
studying and understanding invasive carp patterns, the Service
is encouraged to take action on a strategy that increases the
focus on biomass removal and restricts carp progression by
coordinating with other Federal partners on constructing
invasive carp barriers. The Committees direct the Service to
report back within 60 days of enactment of this Act detailing
how fiscal year 2021 and fiscal year 2022 funds have been
expended, along with a strategy for targeting and removing
increased tonnage of invasive carp in the Ohio, Tennessee, and
Cumberland River basins.
European Green Crab.--Over the last three years, the
population of invasive European Green Crab in the Salish Sea
has grown exponentially. This invasive species is resilient to
rising water temperatures caused by climate change. This crab
species preys on native vegetation which is important habitat
for endangered salmon and other species that are critical to
uphold Tribal treaty rights, and Puget Sound recovery. The
Committees are aware the Service is working with the National
Oceanic and Atmospheric Administration on eradication efforts
and direct the Service to report back within 90 days of
enactment of this Act outlining these collaborative efforts.
The Service is expected to continue to pursue methods for
invasive species control that do not result in the addition of
chemical agents to the ecosystem and harmful secondary by-
products such as algal blooms, as directed in House Report 117-
400.
Cooperative Landscape Conservation.--The agreement
maintains the merging of this activity into Science Support and
creates a new subactivity Science Partnerships as outlined in
House Report 117-400.
Science Support.--The agreement provides $35,372,000 for
Science Support which includes $26,400,000 for Science
Partnerships and $8,972,000 for Service Science. The bill
provides $3,500,000 for white nose syndrome; the fiscal year
2022 enacted level for Gulf Coast ecosystem restoration;
$8,000,000 for Chesapeake WILD; and $3,000,000 for research on
western monarch butterflies and other pollinators. Best
practices developed in response to white nose syndrome are
directed to be applied in response to other new and emerging
high-risk wildlife diseases. The Service should also continue,
along with the U.S. Geological Survey, to lead and implement
the North American Bat Monitoring Program in association with
other Federal natural resource management agencies and offices,
States, Tribes, and non-governmental partners.
General Operations.--The agreement provides $166,250,000
for general operations which includes the internal transfer of
$144,000 from Law Enforcement.
Stewardship Priorities.--The agreement provides $25,641,000
in congressionally directed spending for stewardship projects
to further conservation goals. Further detail on these projects
is provided in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
The agreement continues support for the Everglades at not
less than the fiscal year 2022 enacted level.
CONSTRUCTION
The bill provides $29,904,000 for Construction and includes
fixed costs. No additional funding is provided for fleet
related infrastructure, and field communication modernization.
The agreement continues to support the Service's objective
priority-setting process and expects the Service to follow its
recast project priority list submitted on July 11, 2022, with
the funds provided. When a construction project is completed or
terminated and appropriated funds remain, the Service may use
those balances to respond to unforeseen reconstruction,
replacement, or repair of facilities or equipment damaged or
destroyed by storms, floods, fires, and similar unanticipated
natural events. The detailed allocation of funding by activity
is included in the table at the end of this explanatory
statement.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The bill provides $24,564,000 in discretionary funding from
the Cooperative Endangered Species Conservation Fund for
conservation grants, habitat conservation planning grants, and
program administration. In addition, the bill allocates
$32,800,000 in mandatory funding from the Land and Water
Conservation Fund for species recovery and habitat conservation
plan land acquisitions. Detailed tables of funding allocations
below the account level are provided at the end of this
explanatory statement.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $50,000,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $5,100,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $21,000,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $73,812,000 for State and Tribal Wildlife
Grants which includes $60,000,000 for State Wildlife Formula
grants, $7,612,000 for State Wildlife Competitive grants, and
$6,200,000 for Tribal Wildlife grants.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,923,424,000 for Operation of the
National Park System (ONPS). For this and all other Service
accounts funded in this bill, the Service is expected to comply
with the instructions and requirements at the beginning of this
division and in House Report 117-400, unless otherwise
specified below. Additional details, instructions, and
requirements follow below and in the table at the end of this
division.
The Service is expected to execute its spending at the
levels provided. The Service may not redistribute the
allocations in a fiscal year 2023 operating plan. The Service
is directed to continue to refine the Operation of the National
Park Service Realignment and collaborate with the Committees
with the goal to develop an updated methodology to improve the
budgeting process.
The agreement provides fixed costs and funding for New
Responsibilities at New and Existing Park Areas and for
Additional Responsibilities, as requested. This funding
provided will address a number of new requirements at national
park units across the country, including at Ste. Genevieve
National Historical Park [MO], Katmai National Park and
Preserve [AK], Catoctin Mountain Park [MD], and the National
Mall and Memorial Parks [DC]. The agreement also provides an
increase of $31,500,000 to the enacted level to restore
staffing capacity across the system. Additional funding
guidance is provided below.
Resource Stewardship.--The bill includes: $5,300,000 for
the Partnership Wild & Scenic Rivers program and other
similarly managed rivers; $2,000,000 for Active Forest
Management; $6,500,000 for Quagga and Zebra Mussel programs;
$800,000 for Cave and Karst Ecosystem Research; $400,000 for
Recreational Access--Support Alaska Subsistence; $18,856,000
for the National Trails System; and $2,500,000 for
socioeconomic monitoring. The agreement provides $9,143,000 for
the National Networks. Within this amount, the African American
Civil Rights Network is funded at the requested level of
$5,384,000 and the National Underground Railroad Network to
Freedom is funded at $2,505,000.
Visitor Services.--Funding is provided at the enacted level
to expand recreational fishing, camping, and instruction
focusing on introductory recreation experiences in parks
throughout the year in a variety of recreational activities.
Funding is also provided at the enacted level for the National
Capital Area Performing Arts Program and at not less than the
enacted level for the Indian Youth Service Corps. The agreement
includes an increase of $776,000 for the Volunteers in Parks
program.
Park Protection.--The bill provides $950,000 for veterans'
fire corps.
Park Support.--The proposed transfers have been accepted
and $400,000 is provided for the Diversity, Inclusion, and
Compliance initiative. The requested level of $4,635,000 is
provided for servicewide bandwidth.
Global Positioning System Modernization.--The agreement
provides $1,500,000 for the sustainment of recently acquired
Global Positioning System (GPS) data collection devices used by
the Service for facilities planning, lands administration,
visitor safety, and infrastructure protection.
National Park Foundation.--The agreement provides
$10,000,000 for the National Park Foundation.
Additional Guidance.--The following additional guidance is
included:
Appalachian National Scenic Trail.--The Committees are
aware that the Trail is experiencing increased visitation and
encourage the Service to include sufficient resources in future
budget requests to meet its expanded visitor services, law
enforcement, compliance, and land acquisition requirements.
Biscayne National Park.--The Committees are pleased with
the recent Memorandum of Understanding [MOU] between Biscayne
National Park [BNP] and the State of Florida's Fish and
Wildlife Conservation Commission [FWC], which affirms fishing
rights within the boundaries of BNP and affirms the regulatory
responsibilities of the Service and the FWC to manage wildlife
and regulate commercial and recreational fishing within
Biscayne National Park, in conformance with Federal and State
law. The Committees commend the parties for their commitment to
engage in good faith with regard to any disputes that may arise
in the future related to the MOU.
Blackstone Valley National Heritage Corridor.--The
Committees continue the fiscal year 2022 enacted directive
regarding cooperative agreements with the local coordinating
entity for the Blackstone Valley National Heritage Corridor.
The Committees believe the acquisition of Slater Mill's
historic dam will contribute positively to the cultural,
natural, and recreational resource base of the Park. The
Service shall brief the Committees on its plan to fulfill this
directive within 60 days of enactment of this Act.
Chesapeake Bay Office.--The Service is a lead implementing
partner for four goals (land conservation, public access,
citizen stewardship, and education) of the 2014 Chesapeake Bay
Watershed Agreement. The National Park Service Chesapeake Bay
office has continued, despite funding challenges, to expand its
activities and responsibilities related to expanding public
access to the Bay and serves as the lead agency on several
multi-State and Federal conservation goals as a part of the
2014 Chesapeake Bay Watershed Agreement. The Committees support
operational funding for the Chesapeake Bay Office in order to
meet the conservation and public access goals established by
the Bay Watershed Agreement.
Cumberland Island National Seashore.--The Committees are
concerned about erosion impacting the Cumberland Island
National Seashore. The Committees direct the Service to consult
with the U.S. Army Corps of Engineers to exchange information
regarding currently available science related to climate
vulnerability of Cumberland Island in order to gain common
understanding of available tools for assessing and addressing
erosion. The Committees direct the Service to keep the
Committees apprised of developments related to climate
assessments of Cumberland Island National Seashore.
Continued Directives.--The Committees continue the
directives regarding Director's Order 21, Roosevelt-Campobello
International Park, and Katahdin Wood and Waters National
Monument contained in Senate Report 116-123.
Glen Echo Park.--The Committees encourage the Service to
provide a report on the facility condition assessment and cost
estimate on necessary deferred maintenance to the Crystal Pool
and Spanish Ballroom within Glen Echo Park. The Service is also
encouraged to collaborate with Montgomery County on the Glen
Echo Park Master Plan to ensure that park operations are
beneficial to those who enjoy and use the park while reducing
the financial burden on the Service.
Honouliuli National Historic Site and Pearl Harbor National
Memorial.--The Committees direct the Service to maintain the
line item and program summary in the budget for Honouliuli.
Further, the Service shall not construe Section 2206 of the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act to result in any reduction in funding for Pearl Harbor
National Memorial or Honouliuli National Historic Site.
National Trails System.--The Committees understand the
importance of providing adequate funding to develop and
maintain the National Trails System for future generations to
enjoy. The Committees urge the Service to continue its efforts
to support construction and maintenance projects and volunteer
coordination efforts, including activities in support of non-
unit National Scenic Trails.
Public-Private Partnership [P3] Authorities.--The
Committees direct the Service to provide a report on its plan
to use its existing P3 authorities to work with public- and
private-sector entities that have experience designing,
developing, and constructing facilities, including in the
Arctic, to develop proposals for affordable and sustainable
employee housing options. The report should identify where, if
any, existing authorities limit the viability of potential P3s.
South Florida Ecosystem Restoration Task Force.--Consistent
with the budget request, the bill provides $11,661,000 to
support the South Florida Ecosystem Restoration Task Force to
develop and implement responses to invasive species threatening
the integrity of the Everglades ecosystem, pursuant to Section
528(f)(2) of the Water Resources Development Act of 1996 (110
Stat. 3771) as amended by Public Law 116--260.
Tok/Ahtna Visitor Center.--The Committees appreciate the
efforts by the Service to collaborate in the development of
plans for interpretive facilities, information about
recreational opportunities, and support with volunteer staffing
at the Tok Visitor Center, which serves as a gateway for
visitors to nearby Denali National Park and Preserve, Wrangell-
St. Elias National Park and Preserve, and the Yukon-Charley
Rivers National Preserve.
Additionally, the Committees appreciate Wrangell-St. Elias
National Park and Preserve's commitment to the Ahtna Cultural
Center. The Park's current visitor center co-management
strategy with Ahtna Incorporated honors the original
Congressional intent to collaborate with the Ahtna people, and
the Committees expect the Service to continue this partnership
and to provide the Committees with information regarding any
facilities maintenance issues that need to be addressed to
further facilitate this partnership.
NATIONAL RECREATION AND PRESERVATION
The bill provides $92,512,000 for national recreation and
preservation. The amounts recommended by the Committees
compared with the budget estimates by activity are shown in the
table at the end of this explanatory statement.
The bill provides $13,000,000 for the Rivers, Trails, and
Conservation AssistanceProgram; $3,027,000 for Chesapeake Bay
Gateways and Trails; $3,407,000 for Native American Graves Protection
and Repatriation Grants; $4,655,000 for Japanese Confinement Site
Grants; $2,750,000 for American Indian and Native Hawaiian Art and
Culture Grants; and, $4,000,000 for the competitive grant program, as
authorized by the 9/11 Memorial Act (Public Law 115-413).
Cultural Programs.--The Committees recognize the importance
of supporting Native culture and arts development, which
contributes to maintaining the cultural diversity of the Nation
and the cultural survival of the regional indigenous
populations. Funding is provided for grants to nonprofit
organizations or institutions for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and arts
development at a total program level of $2,750,000, an increase
of $1,250,000 to the enacted level, which is provided to
support both continued participation and encourage new entities
to apply.
Heritage Partnership Programs.--The bill provides
$29,232,000 for Heritage Partnership Programs. The directive
contained in the explanatory statement that accompanied Public
Law 116-6 with regards to funding distribution is continued.
The Committees note that areas that have not completed their
management plan continue to be eligible for funding regardless
of the status of their management plan.
HISTORIC PRESERVATION FUND
The bill provides $204,515,000 for historic preservation.
Competitive Grants.--The bill provides $24,000,000 for the
African American Civil Rights Grants, as requested.
Additionally, $5,000,000 is provided for the History of Equal
Rights grants and $1,250,000 for grants to underserved
communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $12,500,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123.
Save America's Treasures.--The Save America's Treasures
program is provided $26,500,000. The Committees support this
program because of its important role in providing preservation
and conservation assistance to nationally significant
historical properties and collections, including historic
courthouses.
Semiquincentennial Preservation Grants.--The bill provides
$10,000,000 for the Service to assist states in preparing for
the upcoming Semiquincentennial celebration and to celebrate
the Nation's history. Funds from this allocation should be used
for a competitive grant program to support the restoration of
sites that honor the 250th anniversary of the country's
founding, including Revolutionary War monuments. Eligible sites
shall include those that commemorate the anniversary of the
country's founding even if they were constructed later than the
end of the Revolutionary War. Priority should be given to
state-owned sites. A site must be listed in, or be eligible to
be listed in, the National Register of Historic Places in order
to be eligible.
State Historic Preservation Offices [SHPOs].--The bill
provides $62,150,000 for grants to State Historic Preservation
Offices, an increase of $4,475,000 to the enacted level which
shall be allocated consistent with the newly updated
apportionment formula. The Committees note that this funding
level will ensure that each SHPO will receive no less than the
fiscal year 2022 amount.
CONSTRUCTION
The bill provides $239,803,000 for construction.
Line-Item Construction.--Funding for line-item construction
projects is provided as outlined in the table contained in
House Report 117-400.
Denali National Park Road.--The Committees recognize the
importance of the Denali Park Road as the sole method of motor
vehicle access to Denali National Park and Preserve and will
continue to support the Service as it works to complete the
bridge construction and reopen the road as quickly as possible.
Fort Vancouver National Historic Site.--The Committees
support the ongoing efforts to develop a plan for long-term
usage of the Fort Vancouver National Historic Site. It is
critical that that an actionable plan for rehabilitation of the
facility be produced as soon as is practicable. Within 90 days
after the enactment of this Act, the Service shall provide to
the Committees a completed action plan to facilitate this work.
Ocmulgee River Corridor.--The Committees support the
Service's initiation of the Ocmulgee River Corridor Special
Resource Study to evaluate its potential for designation as a
national park unit and directs the Service to complete the
report in a timely manner.
Valles Caldera National Preserve.--The Committees are
concerned about the presence of illegal trespass cattle on the
Valles Caldera National Preserve in violation of the Preserve's
authorizing statute and Service policy. The Service, in
cooperation with the U.S. Forest Service, is urged to make
progress on infrastructure improvements that will effectively
exclude unauthorized cattle from the Preserve.
CENTENNIAL CHALLENGE
The bill provides $15,000,000 for the Centennial Challenge
matching grant program.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,497,178,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). All programs and activities are funded
at the amounts enacted in fiscal year 2022 unless otherwise
specified below or in the table at the end of this division.
Fixed costs are provided. The Survey is expected to comply with
the instructions and requirements at the beginning of this
division and in House Report 117-400 unless otherwise specified
below. While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein.
Ecosystems.--The agreement provides $307,176,000 as
outlined below.
Environmental Health Program.--The agreement provides
$30,457,000 for Environmental Health, which includes
$12,528,000 for Contaminant Biology and $17,929,000 for Toxic
Substances Hydrology. The agreement includes no less than a
$2,000,000 increase above the enacted level for research on
harmful algal blooms; $2,700,000 for research on the
transmission of per- and polyfluoroalkyl substances (PFOA/PFAS)
in watersheds and aquifers; and the $1,000,000 requested for
mitigation of contaminant exposures and recycling of mine
waste. The Survey is to continue its research as directed in
House Report 117-400.
Plastics.--The Survey is urged to emphasize plastics
research, including microplastics and nanoplastics research, in
the environmental health strategic vision the Survey is
developing and to brief the Committees on its findings after
release of the review.
Species Management Research Program.--The agreement
provides $63,904,000 which includes an increase of $500,000 for
Hawaiian forest birds to respond to the urgent needs of
critically endangered Hawaiian forest birds that, due to
climate change, now face imminent extinction from non-native
mosquitoes that carry avian malaria and other pathogens lethal
to these birds; $500,000 to support and collaborate with the
USA National Phenology Network; $2,000,000 for deepwater
fisheries research at the Great Lakes Science Center; and the
requested funding rebase of $5,087,000. The Survey is directed
to follow the guidance on saline lakes contained in the joint
explanatory statement accompanying Public Law 117-103.
Land Management Research Program.--The agreement provides
$54,806,000 including $8,000,000 for Chesapeake Bay activities;
an increase of $1,000,000 to expand research on
vegetationtreatments to restore the integrity of native Sagebrush Sea
ecosystems; and a reduction of $7,707,000 as requested to rebase
funding.
Biological Threats and Invasive Species Research Program.--
The agreement provides $46,622,000 including $4,970,000 for
chronic wasting disease (CWD) and maintaining the direction for
CWD contained in the joint explanatory statement accompanying
Public Law 117-103. The agreement provides $700,000 for coral
disease and $2,000,000 for research to develop integrated
approaches to tick management including using biodiversity and
ecosystem services to lower population counts. This research
should be conducted with coordination from several States in a
region that is most heavily impacted by the prevalence of ticks
and tick-borne disease. The agreement also provides $11,000,000
for invasive carp research, of which $3,000,000 is for research
on grass carp. The direction found in Senate Report 116-123 is
continued for invasive carp, coral disease, and invasive
species research, detection, and response efforts. Additional
resources for invasives species were provided in Public Law
117-58 to the Office of the Secretary. The requested funding
rebase of $2,620,000 is provided and funding is continued at
the enacted level for white-nose syndrome (WNS) research and
the direction found in Senate Report 116-123 is continued for
WNS research.
Climate Adaptation Science Center and Land Change Science
Program.--The agreement provides $83,181,000 of which
$63,115,000 is for the National and Regional Climate Adaptation
Science Centers. The agreement also provides $20,066,000 for
Land Change Science.
Cooperative Research Units Program.--Cooperative Research
Units (CRUs) are funded at $28,206,000 in accordance with the
specifications outlined in House Report 117-400. Of the funds
provided, the Survey is directed to use at least $800,000 from
within available funds to establish a CRU at a land-grant
institution within a State that does not have a CRU. Priority
should be given to funding a CRU that can serve the diverse
aquatic and ecological landscapes, including urban and rural
components, that encompass the Lake Michigan and Ohio River
ecosystems. The agreement also provides $250,000 from within
available funds for research into the causes of malignant
melanomas affecting 25 percent or more of brown bullhead
(Ameiurus nebulosus) in some northern New England waters and
related fishery research at the host institution.
Great Lakes Science.--The Survey is directed to follow the
guidance contained in House Report 117-400.
Energy and Mineral Resources.--The agreement provides
$104,220,000 for Energy and Mineral Resources. Mineral
Resources is funded at $70,855,000 which provides $10,848,000
for the critical minerals Earth Mapping Resources Initiative
(Earth MRI) and provides an increase of $5,000,000 for mine
waste research and to characterize mine waste as a potential
source for critical minerals. Energy Resources is funded at
$33,365,000 including $2,977,000 for geologic carbon
sequestration, a portion of which is to advance the
understanding of alkalinity sources of carbon mineralization as
outlined in House Report 117-83.
The Committees urge the Survey, when developing critical
mineral maps, to consider other sensitive resources such as
sacred Tribal sites, sensitive watersheds, critical habitat,
and other areas with special designations, and prioritize
mapping in those areas that do not conflict with other
previously identified sensitive resources. The Committees
encourage the Survey to work with partner agencies responsible
for permitting critical mineral projects and to increase the
provision and public release of science to inform decision-
making for permitting processes, including data and analysis
from the Earth MRI program and mineral resource assessments as
called for under the Energy Act of 2020.
The Survey is expected to continue critical mineral mapping
efforts in Alaska, pursuant to the budget request, at no less
than the fiscal year 2022 enacted level and to brief the
Committees on such efforts within 90 days of enactment of this
Act.
Natural Hazards.--The agreement provides $200,256,000 for
the Natural Hazards Program, including $92,651,000 for
earthquake hazards. Within this funding, $28,600,000 is
included for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW) system to
enable its completion by 2025, as well as the timely processing
of station permits and License to Operate applications. The
establishment of a memorandum of understanding between the
Survey and its ShakeAlert state government partners to enable
closer collaboration and coordination on future system
improvements is supported. Continued efforts to complete and
operate the EEW system on the West Coast are supported.
Concerns remain regarding the lack of knowledge and
offshore real time instrumentation available for the Cascadia
subduction zone and the direction in House Report 117-400 is
maintained.
The agreement continues no less than the enacted level for
the national seismic hazard map, including for expansion to
Puerto Rico and the Virgin Islands, for regional networks to
operate and maintain recently acquired USArray stations, for
the Advanced National Seismic System (ANSS) and for regional
seismic networks including the Central and Eastern U.S.
Network.
The agreement provides $37,500,000 for volcano hazards.
In 2019 the National Volcano Early Warning and Monitoring
System (NVEWS) was initiated. The Survey is completing the two
prerequisite steps to NVEWS expansion and upgrades and is
encouraged to accelerate the pace of these activities where
possible. The agreement provides $18,349,000 for NVEWS an
increase of $2,591,000 over the enacted level. Within 60 days
of enactment of this Act, the Survey is directed to brief the
Committees on the NVEWS program and how this increase is
allocated within the program. The agreement further provides an
increase of $750,000 for Volcanic Hazards Assessments. The
Survey is directed to follow the guidance regarding early
warning systems contained in the joint explanatory statement
accompanying Public Law 117-103.
The agreement includes $14,432,000 for landslide hazards
which includes an increase of $4,774,000 for science as
outlined in House Report 117-400.
The agreement also includes an increase of $500,000 above
the fiscal year 2022 enacted level towards collaborating with
State, local, and regional entities in Alaska, particularly
areas with heightened risk like those communities in Prince
William Sound and Southeast Alaska to develop, support, and
maintain landslide monitoring systems. The Survey is directed
to collaborate with local and Indigenous people and entities to
support and maintain landslide monitoring systems. The Survey
is directed to continue to collaborate with the National
Oceanic and Atmospheric Administration and State and local
governments to assess landslide potential and hazards and
implement tsunami warning capabilities in Southeast Alaska and
Prince William Sound, expanding its work to locations that have
recently experienced landslides and will continue to face the
threat of devastating landslides, including through the use of
physical instrumentation or remote sensing technologies,
particularly where the threat of a landslide and tsunami
presents the most serious risks to residents, visitors, and
property. Further, the Survey is directed to brief the
Committees within 60 days of enactment of this Act on what
resources are needed to aid the development and deployment of
early warning technologies to affected communities.
The agreement provides $5,251,000 for Geomagnetism
including no less than the fiscal year 2022 enacted level for
the magnetotelluric survey to advance the collection of
magnetotelluric observations of the Earth's naturally occurring
electric and magnetic fields in the U.S. regions.
Water Resources.--The agreement provides $304,434,000 for
Water Resources, with $66,529,000 for activities associated
with the Cooperative Matching Funds. Water Availability and Use
Science is funded at $74,296,000, which includes $1,000,000 for
the U.S.-Mexico transboundary aquifer assessment; $13,500,000
for integrated water prediction to continue to utilize the best
available technology to develop advanced modeling tools, state-
of-the-art forecasts, and decision support systems and to
incorporate these capabilities into daily water operations;
$1,750,000 for a regional Integrated Water Availability
Assessment (IWAA) study program for saline lakes to expand the
assessment and monitoring of the hydrology of saline lakes in
the Great Basin and the migratory birds and other wildlife
dependent on those habitats; $3,500,000 for the Survey's work
with the Open ET consortium and the Open ET software system;
and $2,000,000 for the Mississippi Alluvial Plain (MAP) IWAA to
focus on delivery of a groundwater model-based decision support
system to support water sustainability decision-making and a
basin-wide model and monitoring program for irrigation water-
use.
The agreement provides $5,000,000 to establish a center to
study complete water cycles and watersheds from mountaintops to
shorelines. The center should focus on freshwater ecosystems
with diverse industries, water use, and geological surroundings
that impact the local watershed. All aspects of the water cycle
should be considered including negative outcomes such as
drought, flooding, and harmful algal blooms. This center should
be located near and work in collaboration with at least one
Water Resources Research Institute and collaborate with other
relevant water institutes such as Sea Grant and the
Northeastern States Research Cooperative.
The agreement provides $1,000,000 to the Survey, in
cooperation with the Bureau of Land Management, to increase its
investment in streamflow permanence modeling in the Pacific
Northwest.
Groundwater and Streamflow Information is funded at
$114,558,000 which includes $500,000 to maintain operational
capacity within the existing super-gage network along the Ohio
River in basins containing unique geology, distinct soils, and
a significant agricultural presence. The agreement also
includes $25,715,000 for Federal priority streamgages and
$29,500,000 for the Next Generation Water Observing System
(NGWOS). The Survey is encouraged to partner, where
appropriate, with State and local government officials and with
the academic research community. Funding for NGWOS includes the
enacted level of $4,500,000 to continue work with universities
and other partners to develop innovative water resource sensor
technologies that are scalable to regional and national
monitoring networks. The Survey is directed to deliver a report
to the Committees within 180 days of the enactment of this Act
on a plan for full national implementation of the NGWOS. The
agreement provides $3,870,000 to support and maintain
operational capacity of existing streamgages on certain
transboundary rivers, including those at risk from mining
pollution originating in Canada, including in the Kootenai
watershed. This includes at least $1,500,000 for implementation
of the baseline strategy for transboundary rivers, as outlined
by the Survey's Water Quality Baseline Assessment for
Transboundary Rivers; $120,000 for the streamgage on the Unuk
River; and an additional $750,000 above enacted levels for
expanded water quality monitoring and analysis efforts in the
Kootenai watershed to support interagency efforts to evaluate
and reduce transboundary pollution through the installation of
new streamgages, expanded analyses, and related activities. The
Survey is directed to continue to expand its streamgage
monitoring of transboundary watersheds and to work with the
Environmental Protection Agency to ensure the relevant
equipment is deployed to the Kootenai watershed to support the
agency's work to evaluate and reduce transboundary pollution.
The direction is continued that the Survey enter into a formal
partnership with local Tribes and other Federal agencies as
necessary in the area to develop a water quality strategy for
the transboundary rivers.
On-going monitoring of critical water budget components in
the Klamath Basin is critical to provide the information needed
to assess controls of inflow to Upper Klamath Lake from surface
water and groundwater, improve snowmelt prediction, and
forecast impacts of drought and other drivers on water
availability for both human and ecological uses and the
agreement provides at least the fiscal year 2022 enacted level
to continue to expand this work.
Hydrological Science Talent Pipeline.--Robust participation
with universities in the hydrologic sciences is essential to
building a talent pipeline as well as building capacity to
support future hydrological research and operational efforts.
To support this, the agreement continues funding of $2,000,000
within the Water Availability and Use Science Program and
$2,000,000 within the National Groundwater and Streamflow
Information Program to pursue such cooperative research
agreements with an emphasis on locations where the Survey has
pending hydrological facilities as well as where there are
other Federal operational hydrologic resources.
The agreement includes $100,080,000 for the National Water
Quality program which includes $7,490,000 for harmful algal
bloom research. The agreement provides an increase of $500,000
to support PFAS substances research. The Survey is directed to
consult with States and Tribes to determine priority mapping
areas for PFAS contamination and to follow the direction in
House Report 117-400.
Water Resources Research Institutes.--The agreement
provides $15,500,000 including $1,500,000 for research on the
control and management of aquatic invasive species in the Upper
Mississippi River region and an increase of $500,000 over the
fiscal year 2022 enacted level for PFAS research as directed in
House Report 117-400. The remaining fiscal year 2023 increase
over the fiscal year 2022 enacted level is to be directed
toward annual base grants (104b).
Special Initiatives.--The agreement provides an additional
amount of $2,130,000 in congressionally directed spending for
Special Initiatives projects. Further detail on these projects
is located in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Core Science Systems.--The agreement provides $284,607,000,
which includes $30,480,000 for science, synthesis, analysis,
and research including an increase of $3,650,000 for
supercomputing associated with high-risk accelerated climate
research and maintains the fiscal year 2022 enacted level of
funding for National Geologic and Geophysical Data Preservation
which is supplemented by funding provided in Public Law 117-58.
The agreement provides $44,556,000 for the National Cooperative
Geologic Mapping of which the increase above fixed costs is
outlined in House Report 117-400.
The National Geospatial program is funded at $93,650,000
including $500,000 for the 3D National Topography Model;
$42,905,000 for 3D Elevation Program (3DEP) providing an
increase of $3,000,000 for Federal lands in western states;
$330,000 for geospatial work focused on Tribal lands;
$1,900,000 for the United States Board of Geographic Names;
$1,350,000 for the National Digital Trails project; and an
increase of $250,000 for topoBuilder.
No less than $10,000,000 is provided for the Alaska mapping
and map modernization initiative, which includes modernizing
Alaskan hydrography datasets. The direction contained in the
joint explanatory statement accompanying Public Law 117-103
regarding Alaska mapping is continued.
The National Land Imaging program is funded at $115,921,000
which includes $92,184,000 for Satellite Operations and
maintains the enacted level for the National Civil Applications
Center. The agreement recognizes the value of the Remote
Sensing State Grants program and provides $1,465,000 to ensure
the on-going viability of the program nationwide. The agreement
also includes an increase of $500,000 for biologic carbon
sequestration.
Science Support.--The agreement includes $106,304,000 which
includes $82,179,000 for administration and management
including increases of $724,000 for scientific integrity;
$100,000 for fleet enhancement; and increases outlined in House
Report 117-400; and $24,125,000 for Information Services which
provides an increase of $1,500,000 for cloud and high-
performance computing.
Facilities.--The agreement provides funding for deferred
maintenance and capital improvement projects as requested
including $176,000 for Field Communications Modernization as
requested.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $219,960,000 for the Ocean Energy
Management appropriation, which is partially offset through the
collection of rental receipts and cost recovery fees totaling
$37,000,000, resulting in a net appropriation of $182,960,000.
Specific allocations at the activity level are contained in the
table accompanying this explanatory statement.
The Bureau will follow the directives contained in the
explanatory statement accompanying Public Law 117-103 related
to Offshore Wind Site Identification, Regional Citizen Advisory
Councils, and Marine Minerals.
Renewable Energy.--The bill provides $42,818,000 for
renewable energy. The Bureau is expected to collaborate with
existing Regional Ocean Partnerships to inform the siting and
development of wind energy areas. Further, project boundaries
will be drawn in partnership with a diversity of maritime users
and stakeholder groups, particularly on the West Coast. The
Bureau is directed to consider working groups or other
mechanisms to ensure appropriate engagement occurs with local
communities and stakeholders in the Pacific Northwest.
Conventional Energy.--The bill provides $61,487,000 for
conventional energy.
Geologic Carbon Sequestration.--The agreement includes not
less than $2,000,000 for geologic carbon sequestration on the
Outer Continental Shelf as authorized by the Infrastructure
Investment andJobs Act (Public Law 117-58; 43 U.S.C.
1337(p)(1)(E)). The Committees expect the Bureau to build and support
necessary expertise using funds within Environmental Programs and
Conventional Energy. The Committees direct the Bureau to complete the
necessary technical, safety, and environmental work expeditiously to
begin implementation and ensure long-term secure storage while reducing
the risk of environmental impacts. The Bureau is further directed to
brief the Committees on this effort within 60 days of enactment of this
Act.
Environmental Assessment.--The bill provides $82,373,000
for environmental assessment. Up to $5,000,000 is available for
the Bureau to partner with academia and state agencies to
establish a Center for Paleoenvironmental Records of Extreme
Events. The Bureau will provide the Committees with a spend
plan detailing the establishment of the center, its location,
and associated costs within 90 days of enactment of this Act.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $213,886,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset through the collection of rental receipts,
cost recovery fees and inspection fees totaling $57,000,000,
resulting in a net appropriation of $156,886,000. Specific
allocations at the activity level are contained in the table
accompanying this explanatory statement.
OIL SPILL RESEARCH
The bill provides $15,099,000 for Oil Spill Research.
Arctic Oil Spill Research.--The Bureau will continue to
follow the directive regarding Arctic Oil Spill Research
contained in the explanatory statement accompanying Public Law
117-103.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The bill provides $121,026,000 for the Regulation and
Technology appropriation.
ABANDONED MINE RECLAMATION FUND
The bill provides $168,904,000 for the Abandoned Mine
Reclamation Fund appropriation. Of the funds provided,
$33,904,000 shall be derived from the Abandoned Mine
Reclamation Fund and $135,000,000 shall be derived from the
General Fund. The Office is directed to work with States to
determine how reclamation grants may be used to address the
long term abatement and treatment of acid mine drainage.
Abandoned Mine Land Economic Revitalization (AMLER).--The
bill provides a total of $135,000,000 for grants to States and
federally recognized Indian Tribes for the reclamation of
abandoned mine lands in conjunction with economic and community
development and reuse goals. For fiscal year 2023, $88,042,000
shall be divided equally between the three Appalachian States
with the largest unfunded needs for the reclamation of Priority
1 and Priority 2 sites as delineated in the AML Inventory
System; $35,218,000 shall be divided equally between the next
three Appalachian States with the largest unfunded needs for
the reclamation of Priority 1 and Priority 2 sites as
delineated in the AML Inventory System; and $11,740,000 shall
be for grants to federally recognized Indian Tribes. The Office
is expected to continue to follow the additional program
direction provided in Senate Report 116-123. The Committees
expect the Office to increase its capacity and expertise to
improve collaboration with States and Tribes and to process
proposed projects in a timely and transparent manner. The
detailed allocation of funding by activity is included in the
table accompanying this explanatory statement.
INDIAN AFFAIRS
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,906,998,000 for Operation of Indian
Programs. All programs, projects, and activities are maintained
at fiscal year 2022 enacted levels, except fixed costs and
internal transfers as recast, or unless otherwise specified
below. Additional increases are general program increases
unless otherwise specified. For this and all other Bureau
accounts funded in this bill, Indian Affairs is expected to
comply with the instructions and requirements at the beginning
of this division and in House Report 117-400, unless otherwise
specified below. Language contained in the explanatory
statement accompanying the Consolidated Appropriations Act,
2022 (Public Law 117-103) regarding Missing and Murdered
Indigenous Women (MMIW), advanced training for public safety
and justice training needs, Indian Police Academy, the Tiwahe
expansion plan, pre-fire detection technology, Osage Nation
records, law enforcement training needs, Alaska Native housing
mortgage assistance, tribal land trash assessment, and MMIW
Initiative comprehensive review is restated. Additional
details, instructions, and requirements are included below and
in the table at the end of this division. Indian Affairs is
reminded of the importance of meeting reporting requirement
deadlines so that the Committees can properly evaluate
programs. Failure to do so could negatively impact future
budgets.
Tiwahe.--The bill includes additional funds, as noted
below, under Human Services to expand the Tiwahe Initiative to
more Tribes for human services-related Tiwahe activities. As
part of the expansion, the Bureau may consider including Tribal
consortiums as eligible entities. Further, the Committees
expect funding to existing Tiwahe pilot programs to continue in
the same amounts to the same recipients, including funding to
support women and children's shelters.
Tribal Government.--The agreement provides $368,988,000 for
Tribal Government programs. The Committees encourage the Bureau
to provide technical assistance to the maximum extent
practicable to recently federally recognized Tribes on how best
to leverage funding through existing programs. Indian Affairs
is directed to brief the Committees on the status of pending
requests by Alaska Natives seeking organization under the
Alaska amendment to the Indian Reorganization Act and how
Indian Affairs plans to bring these pending cases to a
resolution.
The Committees have consistently included funding and
directives regarding the Small and Needy Tribes supplement and
continue to be concerned about the overall administration of
this important program. Within 60 days of enactment of this
Act, the Committees direct the Bureau to prepare a report for
the current and prior two fiscal years identifying which Tribes
qualify for the small and needy supplement, explaining in
detail the methodology used to calculate each Tribe's revenue
to determine eligibility for the small and needy supplement
(listing the programs that are counted against the cap), and
provide a chart showing how those calculations were made for
each eligible Tribe each year. Upon completion of the report,
the Committees expect the Bureau to post this data online for
at least 60 days to enable Tribes time to review it and confirm
the correct data is used before funds are distributed. Further,
the Committees understand the Bureau is undergoing
Tribal consultation to determine if changes should be made
to the program and directs the agency to notify the Committees
within 30 days before adopting or finalizing any changes to the
current formula.
The agreement also includes $39,190,000 for the Road
Maintenance program, which continues funding at fiscal year
2022 levels for school bus roads and the NATIVE Act (Public Law
114-22). The Committees direct the Bureau to report back within
60 days of enactment of this Act on funds provided to implement
the NATIVE Act that have not been utilized for roads along with
a strategy outlining how to meet the increased demand to
address tourism needs across Indian Country. The BIA Road
Maintenance and Repair program faces significant backlogs with
some roads in need of repair for decades, including BIA Routes
3, 7, 8, and 12, which require re-graveling and improvements to
address safety concerns. The Committees encourage BIA to fund
these repair projects and make the necessary safety
improvements to the roads, within funding limitations. Further,
the Committees direct the Bureau to report onimplementation of
the GAO-17-423 recommendations and provide an allocation and obligation
plan for fiscal year 2023 funding within 60 days of enactment of this
Act.
Human Services.--The bill provides $166,985,000 for Human
Services programs. The Committees provide $54,934,000 for
Social Services (TPA), which includes an additional $1,000,000
to expand the Tiwahe Initiative to new sites, as noted above,
and an additional $1,000,000 to implement the Indian Child
Protection and Family Violence Prevention Act (Public Law 101-
630). For the Indian Child Welfare Act program, $17,848,000 is
provided, which includes an additional $1,000,000 to expand the
Tiwahe Initiative to new sites, as noted above, and an
additional $500,000 is included to implement section 202 of the
Indian Child Welfare Act (25 U.S.C. Sec. 1932). The agreement
includes $12,219,000 for the Housing Improvement Act. The
Bureau is further directed to provide to the Committees within
120 days of enactment of this Act an analysis of Alaska
Natives' eligibility for both Housing Improvement Program
mortgage assistance grants and mortgages, as well as any
barriers to affording new, energy-efficient homes in western
Alaskan villages off-road system.
Trust--Natural Resources Management.--The bill provides
$333,119,000 for Natural Resources Management programs, which
continues funding at the fiscal year 2022 enacted level for the
Everglades. For Natural Resources (TPA), the agreement provides
$16,903,000, which includes an additional $1,000,000 for the
Indian Youth Service Corps and maintains funding for land
acquisitions for newly recognized or landless Tribes at the
authorized level. The Bureau is encouraged to work with the
committees of jurisdiction to evaluate whether a change in
authorization for land acquisition is warranted. The agreement
includes an additional $1,000,000 to replace the National
Indian Irrigation Management System in Irrigation Operations
and Maintenance programs for a total funding level of
$15,269,000. The agreement provides $49,200,000 for Rights
Protection Implementation (RPI), which maintains funding for
law enforcement needs, operations and maintenance needs, and
includes $1,300,000 for construction, all as required to
implement the Columbia River In-Lieu and Treaty Fishing Access
Sites Improvement Act (Public Law 116-99). Within the general
program increase for RPI, the Committees expect funding to be
distributed to all those who receive distributions, including
funding for tribes who must implement terms of the Pacific
Salmon Treaty.
The bill provides $18,544,000 for Tribal Management/
Development programs (TMDP), which includes a general program
increase of $3,000,000 to be distributed to all the lines
within the funding allocation table and an additional
$1,000,000 to implement Public Law 116-260 with respect to the
return of the National Bison Range to the Confederated Salish
and Kootenai Tribe as outlined in the budget request. The
Committees are aware the Bureau entered into cooperative
agreements with Ahtna Inter-Tribal Resource Commission and the
Kuskokwim River Inter-Tribal Fisheries Commission and has
initiated similar agreements with other organizations.
Therefore, the Committees expect these pilot projects and
programs to continue, and the Bureau is expected to report to
the Committees within 60 days of enactment of this Act on a
distribution plan for these funds. An additional $1,000,000 is
included for Endangered Species programs for uses as proposed
in the request for a total of $6,243,000.
For Tribal Climate Resilience, the agreement provides
$34,991,000, which includes an additional $750,000 for Tribal
climate adaptation grants to be used by the Bureau to report to
the Committees within one year of enactment of this Act
information on the estimated unmet need of coastal Tribes in
the lower 48 states that are facing relocation due to climate
impacts. An additional $1,500,000 is provided for Tribal
relocation grants, for which all Tribes shall be eligible, and
$750,000 is to implement the Pathways Internship Program. The
Committees remind the Bureau that the Denali Commission was
designated as the lead coordinating agency for Alaska Native
village relocation in 2015, and the Commission has been leading
the efforts since then. The Committees recommend the Bureau
work closely with the Commission to avoid duplication of work
and to take advantage of the Commission's expertise in the area
when considering relocation grants.
The bill provides $39,438,000 for Agriculture and Range
programs, which includes an additional $500,000 for the
invasive species program. For Forestry Programs, the agreement
provides $66,017,000, which provides a $2,500,000 general
program increase for Forestry Program (TPA) and an additional
$1,000,000 in Forestry Projects for uses as requested.
For Water Resources programs, the agreement provides
$18,426,000, which includes $500,000 to install water
filtration systems, an additional $1,500,000 general program
increase for Water Resources (TPA), and an additional $500,000
for the Water Resources Technician training program in Water
Management, Planning and Pre-development. For Fish, Wildlife
and Parks programs, the agreement provides $23,699,000, which
includes a $2,000,000 general program increase for Wildlife and
Parks (TPA) and an additional $1,000,000 in Fish, Wildlife, and
Parks Projects for operation of fish hatcheries. As requested,
the Committees rename the Mineral and Mining program to Energy
and Minerals to encompass the full array of existing activities
and provide an additional $1,000,000 for uses as outlined in
the budget request.
The Committees understand the investigation in the Chaco
Canyon region of the Southwest is complete. Funding provided in
previous years for this purpose are repurposed as a general
program increase in Resource Management Program Oversight.
Trust--Real Estate Services.--The bill provides
$159,003,000 for Trust--Real Estate Services, of which $500,000
within Trust Services (TPA) is to implement the Gila River
Indian Community Federal Rights-of-Way, Easements and Boundary
Clarification Act (Public Law 115-350), an additional
$2,000,000 is to continue remediating open dumps and prepare
for other environmental quality challenges, and an additional
$1,000,000 is to complete demolition and abatement of the
vacant BIA buildings at Shiprock as detailed in the budget
request, both within Environmental Quality Projects. Funding is
continued at fiscal year 2022 enacted levels with fixed costs
for the Alaska Native Claims Settlement Act historical places.
An additional $1,374,000 is included for additional realty
staff as requested in Trust--Real Estate Services Oversight.
Public Safety and Justice.--The bill provides $579,725,000
for Public Safety and Justice programs. For Criminal
Investigations and Police Services, the agreement includes
$7,000,000 for Tribes not receiving law enforcement services or
funding, as detailed below. The agreement maintains $62,000,000
to implement public safety changes resulting from the McGirt v.
Oklahoma Supreme Court decision, however funding is
redistributed based on a reprogramming request by the Bureau
after consultation with impacted Tribes. As a result, the
amount for Criminal Investigations and Police Services reflects
a $15,546,000 transfer to Detentions/Corrections, and a
$23,341,000 transfer to Tribal Courts (TPA). Further, funds
provided in fiscal year 2022 for bodyworn cameras is repurposed
as a general program increase, as requested. Funding for MMIW
cold cases, background checks to hire more law enforcement
officers, and law enforcement to implement the Native American
Graves Protection and Repatriation Act (NAGPRA) is continued at
fiscal year 2022 enacted levels. The Committees remain
concerned about theft, looting, and trafficking of sacred
objects and items of cultural patrimony, and note the
importance of enforcing NAGPRA and related laws. The bill
continues funding for opioids grants and maintains flexibility
for use of the funds against other illicit drugs.
The Committees understand there are over 30 Tribes,
including some in Oregon, Wisconsin, and elsewhere, for which
BIA is responsible for providing law enforcement services, but
which are not receiving either direct services or funding from
BIA to provide the services on their own. The agreement
includes $7,000,000 for law enforcement services for these
Tribes. Within 30 days of enactment of this Act, the Committees
direct the Bureau to provide a report of all Tribes that meet
this requirement and the amount of additional funding required
to provide them parity in funding with other Tribes. In
addition, the Committees expect the Bureau to consult with the
Tribes regarding the allocation of funds and to submit a
subsequent reprogramming request to allocate portions of the
funding to other public safety and justice functions as
necessary.
Within 90 days of enactment of this Act, the Bureau shall
brief the Committees on the status of law enforcement vacancies
in each Bureau region, as well as the number of law enforcement
background checks pending as of the date of enactment.
The agreement includes $136,324,000 for Detention/
Corrections, which maintains previously provided increases for
Indian Country detention facilities and background checks, and
includes the previously mentioned transfer because of the
McGirt reprogramming. Due to reports of high numbers of deaths
in BIA-funded detention facilities, the Committees direct the
Office of the Inspector General(OIG) to follow-up on closed OIG
recommendations to determine whether changes made by BIA in response to
prior recommendations are being implemented correctly. As part of the
review, the Committees expect the OIG to examine appropriations
provided for Detention/Corrections in prior years to determine how the
funds were spent and whether they were spent correctly. This review
should begin no later than 60 days after enactment of this Act.
The agreement includes $25,094,000 for Law Enforcement
Special Initiatives, which continues funding at enacted levels
for the MMIW Tribal Public Safety initiative, Tiwahe recidivism
initiative, equipment to collect and preserve evidence at crime
scenes, and victim witness specialists.
For Tribal Justice Support, $34,836,000 is provided, which
maintains $3,000,000 to implement and ensure compliance with
the Violence Against Women Act and provides an additional
$2,000,000 to address the needs of Tribes affected by Public
Law 93-280 as outlined in the Senate Report 116-123. The
agreement includes $71,770,000 for Tribal Courts (TPA), of
which an additional $1,000,000 is for operation and maintenance
of courts, as requested.
Community and Economic Development.--The bill provides
$31,172,000 for Community and Economic Development programs,
which includes $13,759,000 for Job Placement and Training
(TPA), $5,855,000 for Economic development (TPA), of which an
additional $500,000 is for business incubators; and $11,558,000
is for Community Development Central Oversight, of which an
additional $2,000,000 is for grants to federally recognized
Indian Tribes and Tribal organizations to provide native
language instruction and immersion programs to Native students
not enrolled at BIE schools, including those Tribes and
organizations in states without Bureau-funded schools. Funding
for Public Law 114-22 is maintained at the fiscal year 2022
enacted level, less a transfer of $1,176,000 to the Office of
the Secretary to carry out the program for Native Hawaiian
Organizations.
Executive Direction and Administrative Services.--The bill
includes $263,766,000 for Executive Direction and
Administrative Services, of which: $19,409,000 is for Assistant
Secretary support, which maintains funding to implement the
PROGRESS Act, the Diversity and Inclusion program for BIA and
OST, and the Native boarding school initiative. Within
Administrative Services (Central), $74,000 is provided for
fixed costs while no fixed costs are included for
Administrative Services (Regional). Within Human Capital
Management, an additional $160,000 is provided for uses as
requested. The bill includes $4,240,000 for Special Initiatives
identified in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included at the end
of this division.
INDIAN LAND CONSOLIDATION
The bill provides $8,000,000 for Indian Land Consolidation.
Within 30 days of enactment of this Act, the Bureau is directed
to submit administrative expense estimates and performance
metrics, including the proposed number of fractionated
interests to be purchased and acreage consolidated. Going
forward, the Bureau is expected to include this data in the
annual budget justification.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2022 and estimated
to be $328,000,000 in fiscal year 2023.
PAYMENTS FOR TRIBAL LEASES
The bill provides an indefinite appropriation for payments
under section 105(l) of the Indian Self-Determination and
Education Assistance Act, consistent with fiscal year 2022 and
estimated to be $30,000,000 in fiscal year 2023.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $153,309,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2022 levels, except for fixed cost and transfers as
recast, or unless otherwise specified below. Increases are
general program increases unless otherwise noted. Language
contained in the explanatory statement accompanying the
Consolidated Appropriations Act, 2022 (Public Law 117-103)
regarding the San Carlos Apache Tribe's public safety
facilities is restated.
Public Safety and Justice Construction.--The bill provides
$51,561,000 for Public Safety and Justice Construction programs
and includes the following: $33,500,000 for facilities
replacement and new construction; $4,744,000 for employee
housing; $9,872,000 for facilities improvement and repair;
$171,000 for fire safety coordination; and $3,274,000 for fire
protection.
The Bureau is expected to distribute funds provided in this
Act to expeditiously complete construction of adult detention
center projects that were previously awarded. Remaining amounts
should be considered available for all public safety and
justice facilities, consistent with previous direction.
Direction is provided for the Bureau to: (1) produce a plan on
how to spend unobligated public safety and justice balances on
facilities in poor condition; and (2) provide the plan to the
Committees within 120 days of enactment of this Act.
Resources Management Construction.--The bill provides
$75,213,000 for Resources Management Construction programs.
Within this amount, $28,716,000 is for irrigation project
construction, of which $10,000,000 is continued for projects
authorized by the WIIN Act (Public Law 114--322). The
Committees expect the funds designated for WIIN Act activities
will be deposited into the Indian Irrigation Fund to fund those
projects authorized by Public Law 114--322. Further, the
agreement includes $2,758,000 for engineering and supervision;
$1,016,000 for survey and design; $671,000 for Federal power
compliance; and $42,052,000 for dam safety and maintenance,
which includes an additional $1,000,000 for dam maintenance.
The Committees direct the Bureau to begin dam safety work
expeditiously and to provide a report to the Committees on the
number of reservation dams in need of a safety review and
hazard classification.
Other Program Construction.--The bill provides $26,535,000
for Other Program Construction. This amount provides $2,419,000
for telecommunications, which includes $1,000,000 for the
Interior-wide field communication modernization project;
$4,619,000 for facilities and quarters, which includes an
additional $550,000 for fleet management infrastructure; and
$19,497,000 for program management, and an additional $74,000
to continue the project at Fort Peck.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $825,000 for Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians. Additional
details are included in the bill language and in the table at
the end of this division.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $13,884,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country. This includes a general program increase and
funding to expand technical assistance, both as requested.
Bureau of Indian Education
OPERATION OF INDIAN EDUCATION PROGRAMS
Bureau of Indian Education.--The bill includes
$1,133,552,000 for Bureau of Indian Education (BIE) Operation
of Indian Education Programs. All programs, projects, and
activities are maintained at fiscal year 2022 enacted levels,
except for fixed costs and internal transfers as recast, or
unless otherwisespecified below. Increases are general program
increases unless otherwise specified. For this and all other Bureau
accounts funded in this bill, the Bureau is expected to comply with the
instructions and requirements at the beginning of this division and in
House Report 117-400, unless otherwise specified below. Additional
details, instructions, and requirements follow below and in the table
at the end of this division. Language contained in the explanatory
statement accompanying the Consolidated Appropriations Act, 2021
(Public Law 116-260) regarding displaying amounts required to comply
with Department of Defense Education Activity, collecting fixed cost
information from Tribal colleges and universities, and Tribal colleges
and universities operations, maintenance, and infrastructure needs is
restated.
Elementary/Secondary Programs (forward funded).--The bill
includes $706,185,000 for Elementary/Secondary Programs. Tribal
grant support costs are fully funded. Within Education Program
Enhancements, $2,153,000 is included for teacher recruitment
and retention, as requested, and an additional $2,000,000 is
included for Native language immersion grants at BIE-funded
schools. An additional $3,000,000 is provided in Early Child
and Family Development to increase support for existing early
child and family development programs and to expand to new
programs.
Post-Secondary Programs (forward funded).--Post-secondary
programs (forward-funded) are provided with $127,407,000, which
includes $2,000,000 for endowments at Tribal colleges and
universities.
Johnson O'Malley.--The agreement provides $21,570,000 for
Johnson O'Malley programs. In prior years, the Committees
included funding for capacity building but for fiscal year
2023, this funding is repurposed as a general program increase.
Indian Affairs is expected to comply with the reporting
requirements in House Report 117-400 as well as develop
recommended processes and timelines to ensure the JOM program
operates effectively and efficiently and to submit a report to
the Committees within 120 days from enactment of this Act on
the progress being made towards meeting GAO recommendations.
Further Indian Affairs is expected to include estimates of
necessary appropriations levels to provide per pupil funding
levels equal to the fiscal year 2018 level per pupil levels for
all newly reported eligible students.
Education Management.--The agreement includes $39,291,000
for Education Management, which includes increases as requested
for Education Program Management and an additional $4,000,000
for requested Education IT uses. Within 90 days of enactment of
this Act, the Bureau is directed to provide a detailed spend
plan with timelines for the Education IT funds.
EDUCATION CONSTRUCTION
Education Construction.--The bill provides $267,887,000 for
schools and related facilities within the BIE system. All
programs, projects, and activities are maintained at fiscal
year 2022 levels, except for requested fixed costs and internal
transfers, or unless otherwise specified below. All increases
are general program increases unless otherwise noted below.
Language contained in the explanatory statement accompanying
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
regarding Tribal college and university operations, maintenance
and infrastructure needs is restated. The agreement includes
the following: $116,504,000 for replacement school campus
construction; $23,935,000 for replacement facility
construction; $1,500,000 for replacement/new employee housing;
$13,595,000 for employee housing repair; $96,353,000 for
facilities improvement and repair; and $16,000,000 for Tribal
colleges and universities' facilities requirements.
Office of the Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $111,272,000 for the Office of the
Special Trustee for American Indians (OST) and rejects the
proposed budget structure for a new Bureau of Trust Funds
Administration (BTFA) within the Office of the Assistant
Secretary-Indian Affairs. This should not be construed as
interfering with the statutorily required sunset of OST. This
amount includes fixed costs as recast and internal transfers to
effectuate historical trust accounting. It does not include
requested internal transfers for new employees, nor are any
funds included for these positions. The Committees await a
requested Government Accountability Office report expected to
be completed in 2023.
Departmental Offices
Office of the Secretary
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $135,884,000 for the Office of the
Secretary, Departmental Operations appropriation. Specific
allocations at the activity level are contained in the table at
the back of this explanatory statement. Fixed costs are
provided as requested. The bill provides $1,176,000 for
implementation of the NATIVE Act, equal to the enacted level,
and previously provided through the Bureau of Indian Affairs.
The Committees recommend not less than $500,000 to carry out
land assessments, appraisals, surveys and other activities in
support of the Secretary's responsibilities under the Hawaiian
Home Lands Recovery Act, including up to $200,000 to add
capacity related to infrastructure programs.
Indian and Arts and Crafts Board [IACB].--The bill includes
not less than $1,806,000 for the IACB, an increase of $125,000
to the request to enhance support activities related to
enforcement of the Indian Arts and Crafts Act.
Plum Island.--The Committees express support for the
permanent conservation of Plum Island for the protection in
perpetuity of its natural and cultural resources. The
Committees request that the Department of the Interior, in
conjunction with the Department of Homeland Security (DHS) and
the General Services Administration, provide a briefing to the
Committees regarding the closure and disposal process for the
island's permanent conservation, the possibility of interim
ecological management, and options for permanent ownership of
Plum Island, including management of and partnerships with
State, Federal, and Tribal entities, potential costs for
managing the island, the status and schedule of cleanup and
monitoring, and the procedures for a subsequent owner to invoke
DHS's responsibility to ensure that DHS's certification that
its remedial actions on Plum Island protect human health and
the environment remains valid.
Zero Emission Vehicles [ZEV].--The bill includes funding
within the Department's bureaus for the Department-wide
initiative to begin installing, or securing access to, electric
charging and hydrogen fueling stations to support the ZEV
transition and to replace vehicles at the end of their life
cycle with ZEVs. The Committees appreciate the Department's
efforts to ensure that all new charging infrastructure provides
universal access to all types of electric vehicles by utilizing
the U.S. standard level 2.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $120,357,000 for Assistance to
Territories. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
Kwajalein Masterplan Implementation.--The Office is
directed to report to the Committees within 180 days of
enactment of this Act on implementation of activities the
Department is undertaking pursuant to the Kwajalein Atoll
Masterplan to address the special needs of communities within
Kwajalein Atoll.
Compact of Free Association
The bill provides $8,463,000 for Compact of Free
Association, equal to the fiscal year 2022 enacted level. A
detailed table of funding allocations below the account level
is provided at the end of this explanatory statement.
Compact of Free Association--Federal Services.--The
Committees recommend $7,813,000 for Federal Services, equal to
the enacted level and the budget request. The Committees
recognize the importance of the relationship between the United
States and the Republic of the Marshall Islands and provides
$5,000,000 as the fourth and final payment towards the
$20,000,000 requested by the Republic of the Marshall Islands
in September 2009 for Compensatory Adjustments, as authorized
in section 111(d) of the Compact of Free Association Act of
1986 (Public Law 99-239; 99 Stat. 1799; 48 U.S.C. 1911) and
section 108(b) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108-188; 117 Stat. 2755; 48 U.S.C.
1921g). The Compacts and related laws provided for an
additional $40,000,000 available to the Freely Associated
States for compensatory adjustments which, if not substantiated
by a party to the Compact to the fully authorized level within
15 years, could be applied to another nation. The Committees
direct the Office to submit to Congress within 180 days of
enactment of this Act a plan to apply unsubstantiated funds to
eligible nations. The Committees are encouraged by reports
regarding progress towards renegotiation of expiring Compacts
of Free Association and directs the Office to brief the
Committees quarterly on the status of these negotiations.
Office of the Solicitor
SALARIES AND EXPENSES
The bill provides $101,050,000 for the Salaries and
Expenses appropriation within the Office of the Solicitor.
Specific allocations at the activity level are contained in the
table at the back of this explanatory statement. The Committees
provide fixed costs and internal transfers, as requested.
Remaining funds may be used to fund necessary costs required
for office moves. To the extent funding is available, the
Committees urge the office to consider further increases to
staffing to address the department-wide backlog of pending
Freedom of Information Act (FOIA) requests.FOIA Office staff
are directed to brief the Committees semiannually on their
efforts related to the backlog.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $67,000,000 for the Office of Inspector
General.
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $663,786,000 for Department of the
Interior Wildland Fire Management. In total, the annual funding
for fire suppression operations at the Department is
$798,657,000, including $458,657,000 in emergency funding and
$340,000,000 in the Wildfire Suppression Operations Reserve
Fund. The bill also provides an additional $45,343,000 for
preparedness in emergency supplemental funding. The detailed
allocation of funding by activity is included in the table
accompanying this explanatory statement.
Other Operations.--The bill provides $281,970,000 for other
wildland fire management operations. The Department will
continue to follow the directives included in the explanatory
statement accompanying Public Law 117-103 under the ``Other
Operations'' heading. The Department must continue to develop
technologies to allow aerial suppression assets to safely
operate in degraded visual environments, specifically wildfire
smoke, and should solicit external information to better
understand industry capabilities in this arena. The Department
is directed to provide $4,500,000 to the Joint Fire Science
program for fiscal year 2023, which combined with funding in
the Forest Service provides $9,000,000 in total.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $340,000,000 for the Wildfire Suppression
Operations Reserve Fund, which is $10,000,000 above the enacted
level. S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022 and section 1(g)
of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, included a budget cap
adjustment for wildfire suppression costs and this additional
funding is included for fiscal year 2023.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $10,064,000 for the Central Hazardous
Materials Fund appropriation.
ENERGY COMMUNITY REVITALIZATION PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $5,000,000 for the Energy Community
Revitalization Program. The Department is expected to comply
with the instructions in House Report 117-400. The detailed
allocation of funding is included in the table at the end of
this explanatory statement.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $8,037,000 for the Natural Resource
Damage Assessment Fund appropriation. Specific allocations at
the activity level are contained in the table at the end of
this explanatory statement.
WORKING CAPITAL FUND
The bill provides $112,198,000 for the Working Capital Fund
appropriation.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $174,934,000 for the Natural Resources
Revenue appropriation.
Distribution of GOMESA Revenues.--The Office is directed to
distribute revenues from Gulf of Mexico operations in a manner
consistent with current law, including the Gulf of Mexico
Energy Security Act (GOMESA) of 2006 (Public Law 109-432), as
amended.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements with
non-profit organizations for long-term care of wild horses and
burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively perform
reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 provides the Secretary of the Interior the
ability to transfer funds among and between the Bureau of
Indian Affairs and the Bureau of Indian Education.
Section 114 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 115 directs notification of any deviation in
procedure or equipment.
Section 116 allows the National Park Service to convey
lands for purposes of transportation and recreation for a
specific project.
Section 117 authorizes Tribally controlled schools access
to interagency motor vehicles in the same manner as if
performing activities under the Indian Self Determination and
Education Assistance Act.
Section 118 addresses National Heritage Areas.
Section 119 provides the Secretary of the Interior with
certain pay authority for the Appraisal and Valuation Services
Office.
Section 120 addresses the issuance of rules for sage-
grouse.
Section 121 authorizes the National Park Service to retain
up to 7 percent of State Conservation Grants to provide
matching grants to support state program administrative costs.
Section 122 allows additional funding to be provided for
Lowell National Historical Park.
Section 123 extends Visitor Experience Improvement
authority by two years.
Section 124 extends the authorization for the Delaware
Water Gap National Recreation Area.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $10,135,433,000 for the
Environmental Protection Agency (EPA). The Agency is expected
to comply with the instructions and requirements at the
beginning of this division and in House Report 117-400, unless
otherwise specified below. Additional details, instructions,
and requirements follow below and in the table at the end of
this division.
Congressional Budget Justification.--The Committees direct
the Agency to include in future justifications the provisions
included in the joint explanatory statement accompanying Public
Law 116-260.
Operating Plan.--Within 30 days of enactment of this Act,
the Agency is directed to submit to the House and Senate
Committees on Appropriations its annual operating plan for
fiscal year 2023. The operating plan shall adhere to the
program area levels, and where applicable, the program project
levels, specified within this explanatory statement. For
program project levels not otherwise specified herein, the
operating plan should detail how the Agency plans to allocate
funds at the program project level. Further, the budgets of
each major office should be itemized to indicate the source of
funds for each major office by program project level. Further,
the Agency is directed to continue the longstanding practice of
submitting quarterly statement of balances reports, and the
Agency is directed to display data separately for both the
current fiscal year and the prior fiscal year.
Workforce and Staffing Plans.--The Committees direct the
Agency to adhere to the provisions included in the joint
explanatory statement accompanying Public Law 116-260.
PFAS and Contaminants of Emerging Concern.--The Committees
encourage the Agency to continue to take action on PFAS,
including addressing contamination, advancing clean up and
treatment solutions, conducting research, and undertaking
needed rulemaking actions. Within 60 days of enactment of this
Act, the Agency is directed to brief the Committees on planned
fiscal year 2023 PFAS-related actions and provide the
Committees with a spend plan that details funding at the
program project level.
Combination of Separate Fiscal Year Grant Funding.--The
Committees continue the directive contained in the joint
explanatory statement accompanying Public Law 116-260.
Changes to Grant Formulas or Allocations.--The Committees
are concerned that the Agency has proposed changes to a
categorical grant funding allocation without providing the
Committees any notification. The Agency is directed to brief
the Committees before making any allocation or formula change
to a grant.
SCIENCE AND TECHNOLOGY
For Science and Technology programs, the agreement provides
$802,276,000. The bill transfers $31,607,000 from the Hazardous
Substance Superfund account to this account. The agreement
provides the following specific funding levels and direction:
Clean Air.--The Committees direct the Agency to provide a
briefing within 60 days of enactment of this Act on current and
future plans for the Clean Air Status and Trends Network,
National Trends Network, and Ammonia Monitoring Network as well
as funding requirements to keep the networks active at their
fiscal year 2021 levels, including anticipated fixed cost
increases.
The Committees appreciate the work of the Agency to advance
the rule permitting the production, transfer, and use of
Renewable Fuels Standard credits from renewable electricity,
also referred to as eRINS. The Committees urge the Agency to
continue this rulemaking in a timely manner, including
processing all pending pathway petitions.
Research: Air and Energy.--Within available funds, the
Committees continue funding for the study under the heading
``Partnership Research'' contained in the explanatory statement
of Public Law 115-141.
Research: Chemical Safety for Sustainability.--Of the funds
provided, $1,500,000 shall be used to develop and demonstrate
nano-sensor technology with functionalized catalysts that have
potential to degrade selected contaminants in addition to
detecting and monitoring pollutants.
Research: National Priorities.--The agreement provides
$30,751,000 for Research: National Priorities, including
$9,500,000 for extramural research grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Public Law 116-260.
The Committees support the Agency's effort to prioritize
new federal research that will help farmers, ranchers, and
rural communities manage PFAS impacts in agricultural settings
and communities and provide $8,000,000 to continue that work.
The Agency is directed to work with the U.S. Department of
Agriculture to invest in agronomic research to better
understand PFAS uptake into plants and animals to help reduce
PFAS exposure in our food supply and promote farm viability.
The agreement provides $13,251,000 for Congressionally
Directed Spending grants. Further detail on the projects is
located in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Research: Safe and Sustainable Water Resources.--Of the
funds provided, up to $5,000,000 shall be used for grants under
section 2007 of America's Water Infrastructure Act (P.L. 115-
270).
Additional Guidance.--The following additional guidance is
included:
Harmful Algal Blooms.--The agreement provides $6,000,000
and the Agency is directed to follow the guidance in House
Report 117-83 and Senate Report 116-123.
Integrated Risk Information System (IRIS) program.--In lieu
of the directive in House Report 117-400 under the heading,
``Maintaining IRIS Program Integrity,'' the Agency is directed
to follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
Landfill Emissions Research.--The Committees encourage the
Agency to prioritize efforts to refine greenhouse gas and air
pollutant measurement. In particular, municipal solid waste
landfills continue to be a significant source of greenhouse gas
and hazardous air pollutant emissions. The Committees direct
that at least $2,000,000 be used by the Office of Research and
Development to support research to quantify emissions of
methane and hazardous air pollutants from landfills using the
most effective technologies, including near-infrared imaging
from satellites as appropriate, and, during the times the
emissions are measured, measurement of any quantity of methane
captured by the landfill gas collection system.
New Approach Methods.--The Agency is directed to follow the
guidance in the joint explanatory statement accompanying Public
Law 117-103.
Plastics.--The Committees support the Agency's research on
plastics in water supplies, including microplastics,
nanoplastics, and plastic pellets, and encourage the Agency to
characterize the risks to human and ecosystem health.
Science to Achieve Results (STAR) Grants.--The agreement
provides funds to continue the STAR program and directs the
Agency to distribute grants consistent with fiscal year 2022.
The Committees also direct that funding for Children's
Environmental Health and Disease Prevention be continued. The
Committees support the efforts of the Agency to focus this
funding on research related to early life stage, including
prenatal, vulnerabilities to environmental stressors. The
Agency is directed to brief the Committees on the program
within 60 days of enactment of this Act.
Water Security Test Bed.--Consistent with House Report 117-
400 direction, the agreement provides up to $1,500,000 for
advancing full scale applied research and testing capabilities
to address threats to drinking water and associated
infrastructure at Water Security Test Bed facilities.
Wildfire Smoke Research.--The Agency is directed to follow
the guidance in the joint explanatory statement accompanying
Public Law 117-103.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For Environmental Programs and Management, the bill
provides $3,286,330,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The Committees recognize the value of and
continue to support the EnergySTAR program and other programs
where EPA works collaboratively with non-governmental entities
to identify beneficial methods to reduce emissions, reduce
pollution, or increase efficiency.
The agreement provides up to $3,000,000 for the Agency to
study and prototype capabilities for a greenhouse gas
monitoring and information system that will integrate data from
a variety of sources. The goal of such a system should be to
make data more accessible and usable to Federal, State, Tribal,
and local governments, researchers, the public, and other
users. The Committees encourage the Agency to work with current
and new partners to utilize commercial assets to monitor
emissions.
The Committees commend the Agency for its efforts through
the AirNow Fire and Smoke Map to better forecast and
communicate the impact of wildfire smoke on communities. The
Committees are concerned that air quality monitors are not
currently distributed equitably across impacted communities.
The Committees encourage the Agency to expand its support for
wildfire smoke monitoring, including improving instrumentation,
technical assistance, and outreach, using the resources
provided in this bill with a focus on traditionally underserved
or under-monitored communities. The bill includes an increase
of $3,000,000 in accordance with the request for wildfire
smoke-related activities.
The agreement provides a $1,000,000 increase to the fiscal
year enacted level for the Agency's wood stove certification
and testing standards work. The Agency is directed to use the
additional $1,000,000 to increase its staffing and other
required efforts to support the wood stove certification and
testing program. The Agency is further directed to brief the
Committees within 60 days of enactment of this Act on
improvements the Agency plans to make to the program and how it
will better communicate with State and local stakeholders.
Environmental Protection: National Priorities.--The
agreement provides $30,700,000, an increase of $5,000,000 above
the enacted level, for a competitive grant program for
qualified non-profit organizations to provide technical
assistance for improved water quality or safe drinking water,
adequate waste-water to small systems, or individual private
well owners. The Agency shall provide $26,000,000 for
Grassroots Rural and Small Community Water Systems Assistance
Act (Public Law 114-98), for activities specified under section
1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)(8)). The Agency is also directed to provide $3,450,000 for
grants to qualified not-for-profit organizations for technical
assistance for individual private well owners, with priority
given to organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide on a national and multi-State
regional basis, $1,250,000 for grants to qualified
organizations for the sole purpose of providing on-site
training and technical assistance for wastewater systems. The
Agency shall require each grantee to provide a minimum 10
percent match, including in-kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
Geographic Programs.--The agreement provides $681,726,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The Agency shall
continue to follow the direction as provided in House Report
117-83 and Senate Report 115--276 related to the Great Lakes
Restoration Initiative.
Chesapeake Bay.--From the total amount provided, at least
$10,000,000 is for nutrient and sediment removal grants, at
least $10,000,000 is for small watershed grants to control
polluted runoff from urban, suburban and agricultural lands,
and at least $8,000,000 is for state-based implementation in
the most effective basins.
San Francisco Bay.--The Committees direct the Agency to
undertake priority activities within the San Francisco Bay
estuary Comprehensive Conservation and Management Plan approved
under section 320 of the Clean Water Act.
Puget Sound.--The Agency is directed to follow the guidance
in House Report 117-83.
Long Island Sound.--The Agency is directed to follow the
guidance in House Report 117-83.
South Florida.--Within the funds provided, the Committees
recommend at least $2,000,000 to monitor coral health in South
Florida; $1,150,000 to enhance water quality and seagrass
monitoring in the Caloosahatchee Estuary and Indian River
Lagoon, especially with respect to assessing the impact of Lake
Okeechobee discharges and harmful algal blooms; $1,150,000 to
enhance water quality and seagrass monitoring in Florida Bay
and Biscayne Bay, especially with respect to assessing the
impact of Everglades Restoration projects and harmful algal
blooms; and $1,000,000 for the expansion of the water quality
and ecosystem health monitoring and prediction network which
will use vetted, modern procedures for long-term monitoring of
Florida waters, including Molecular, Algal, Ocean Floor, and
Seagrasses.
Gulf of Mexico.--The Committees note that hypoxia continues
to be a growing cause for concern. The Committees direct the
Agency to coordinate with the Department of Agriculture, the
Gulf States, and other State, local, and private partners to
leverage greater resources toward conservation projects on
working-lands within the Gulf Region and Mississippi River
Basin. The Agency is directed to distribute funds in the same
manner as fiscal year 2022.
Lake Champlain.--These funds shall be allocated through the
Lake Champlain Basin Program, other than $8,000,000 which shall
be directed to support significant, impactful projects
identified in theState implementation plan that will make
measurable progress towards meeting the phosphorus reduction targets of
the EPA's 2016 Phosphorus Total Maximum Daily Load Plan for Lake
Champlain.
Southern New England Estuaries.--The Agency is directed to
follow the guidance in House Report 117-83.
Lake Pontchartrain.--The Lake Pontchartrain Restoration
Program has been administered through the active participation
of stakeholders within the sixteen-parish basin since the
program's inception and the Committees expects local
stakeholder consensus to continue to play an integral role in
the approval of recommended projects. The Committees are
concerned regarding changes the Agency is proposing to the
program in light of Public Law 117-58. The Agency is directed
to brief the Committees within 60 days of enactment of this Act
on these potential changes.
Great Lakes and Lake Champlain Invasive Species Program.--
The Committees appreciate the ongoing research to combat
aquatic nuisance species transported by commercial shipping and
ballast water operations in order to implement the Great Lakes
and Lake Champlain Invasive Species Program as authorized by
the Vessel Incident Discharge Act (Public Law 115-282). The
Committees direct the Agency to use funds from the appropriate
Geographic Program to build on these implementation efforts to
reduce the risk of introduction of invasive species into the
Great Lakes and Lake Champlain. The Agency is directed to
include details of these amounts as part of the Agency's
operating plan.
Indoor Air and Radiation.--The Agency is directed to
continue to operate the Radon program as in fiscal year 2022.
Additionally, the Committees note the need to ensure access to
the U.S. primary radon reference and calibration program by
states and industry as the national benchmark for radon
measurement devices and encourages the Agency to support
efforts by states and the Centers for Disease Control to
collect and disseminate available radon test data.
Information Exchange/Outreach.--Environmental Education is
funded at not less than $9,500,000. The Committees are
concerned that the smart skin cancer education program has
recently received insufficient attention from the Agency;
therefore, the Agency is directed to use Environmental
Education funds for the smart skin cancer education program,
similar to prior years.
Resource Conservation and Recovery Act (RCRA).--Of the
funds provided under this program area, $9,000,000 is for
implementation of a Federal permit program for coal combustion
residuals in non-participating states, as authorized under
section 4005(d)(2)(B) of the Solid Waste Disposal Act (42
U.S.C. 6945(d)(2)(B)), or to provide technical assistance to
states establishing their own permitting program under section
4005(d) of the Solid Waste Disposal Act (42 U.S.C. 6945(d)).
The Committees appreciate the Agency's work to develop a
national strategy to reduce plastic and other waste in
waterways and oceans. The Committees direct the Agency to
provide an update within 90 days of enactment of this Act on
the National Academy of Sciences study, funded in Public Law
117-103, of the costs of recycling programs to State, Tribal,
local and municipal governments (including recycling fees paid
directly by residents) and related policy recommendations. The
Agency is directed to follow the guidance regarding improving
markets for recycled materials included in the joint
explanatory statement accompanying Public Law 117-103.
Alaska Contaminated Sites.--The Committees recognize the
injustice done to Alaska Natives when in return for settling
their aboriginal rights to land under the Alaska Native Claims
Settlement Act, the Federal Government conveyed to them
thousands of contaminated sites which to-date largely remain
contaminated because of Federal inaction. This enduring
environmental injustice poses a significant threat to human
health and the environment, including to drinking water
sources, homes, schools, and more. The agreement provides
$20,000,000 for the inventory, verification, assessment, and
remediation of these contaminated sites, as well as related
community outreach and involvement. The Committees recognize
that neither the State of Alaska nor the Agency are responsible
for the contamination. The Committees thank Agency leadership
for its recent attention and work on this issue and look
forward to continuing their close working relationship with the
Agency in finding solutions to this longstanding environmental
injustice.
Toxics Risk Review and Prevention.--The Agency is directed
to follow the guidance regarding the Service Fees Rule included
in the joint explanatory statement accompanying Public Law 117-
103.
The Committees support the Safer Choice program and direct
that the program be funded at no lower than the enacted level
and operated consistent with prior years.
Ensure Clean Water: National Estuary Program/Coastal
Waterways.--The agreement provides $40,000,000 for National
Estuary Program (NEP) grants as authorized by section 320 of
the Clean Water Act, and other activities. This amount is
sufficient to provide each of the 28 national estuaries in the
program with a grant of at least $850,000. Further, in the
Administrative Provisions section, the bill directs that
$2,500,000 in competitive grants be made available for
additional projects.
Ensure Safe Water.--The agreement provides funding to
support monitoring for unregulated contaminants under Section
1445(a)(2)(C) of the Safe Drinking Water Act and the Committees
direct the Agency to brief the Committees on the Agency's
implementation plan within 180 days of the enactment of this
Act.
The Committees encourage the swift completion of the 2022
Drinking Water Infrastructure Needs Survey Assessment, in
particular the assessment of the costs of replacing all lead
service lines.
The agreement provides an additional $3,000,000 for the
Agency to implement the needs assessment for nationwide rural
and urban low-income community water assistance authorized in
section 50108 of the Infrastructure Investment and Jobs Act
(Public Law 117-58).
To the extent there are eligible permit and primacy
applications for review, the agreement provides $5,000,000 for
the Agency's continued work within the Underground Injection
Control program related to Class VI wells for geologic
sequestration to help develop expertise and capacity at the
Agency. In addition, the agreement provides $1,200,000 to
support Class VI regulator education and training programs in
conjunction with States, or other eligible entities such as an
association of States. The Committees direct the Agency to
brief the Committees within 120 days of enactment of this Act
on efforts to enhance permitting tools, public engagement, and
outreach and on current and anticipated Full-Time Employee
levels within the UIC program working on Class VI permitting.
The agreement provides an increase of $5,300,000 to support
administration, management, and oversight of water
infrastructure grants.
Ensure Clean Water.--The Agency is directed to follow the
guidance regarding infrastructure solutions in the joint
explanatory statement accompanying Public Law 117-103.
The Committees support the Agency's ongoing activities
related to integrated planning, which will be increasingly
necessary as States and communities work to meet their myriad
clean water obligations while keeping rates affordable for
water ratepayers. The agreement provides up to $2,000,000 for
integrated planning activities consistent with Section 402(s)
of the Federal Water Pollution Control Act (33 U.S.C. 1342(s)).
The Committees support the WaterSense program and
appreciate the Agency's work to advance water recycling through
the National Water Reuse Action Plan (WRAP). The Committees
note the establishment of the Water Reuse Interagency Working
Group in May of this year and encourage the working group to
analyze the public benefit of a Federal investment tax
incentive that will encourage and leverage private investment
in water reuse and recycling infrastructure.
The agreement provides an increase of $8,000,000 to support
administration, management, and oversight of water
infrastructure grants.
Additional Guidance.--The following additional guidance is
included:
Administrator Priorities.--The Agency is directed to submit
a report within 90 days of enactment of this Act that
identifies how any fiscal year 2020, 2021, and 2022 funding was
used, by account, program area, and program project. Each
activity funded should include a justification for the effort
and any anticipated results.
Biointermediates.--The Committees appreciate the work of
the Agency to finalize the rule permitting the production,
transfer, and use of biointermediates. The Agency is directed
to brief the Committees within 90 days of enactment of this Act
on its implementation efforts.
Chemical Reviews.--To help ensure that unreasonable risks
from chemicals are addressed in a timely manner, the Committees
encourage the Office of Chemical Safety and Pollution
Prevention todevelop improved outreach and guidance so that
submitters understand information needs, processes, and requirements
prior to and during submission of pre-manufacturing notices. In
addition, the Committees urge the Agency, as resources allow, to
enhance existing submitter engagement procedures to facilitate timely
communication and resolution of any issues that may arise during the
review period while continuing to protect public health.
Community Air Quality Monitoring.--The Agency is directed
to follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
Environmentally Preferable Purchasing Program.--The
Committees support the work that the Agency has done to improve
the sustainable marketplace through the Environmentally
Preferable Purchasing Program, which uses purchasing power to
help catalyze sustainable products innovation. The Committees
recommend that as the Agency continues to expand the
Recommendations of Specifications, Standards and Ecolabels for
Federal Purchasing, the Agency should examine ways to reduce
plastic and other waste.
Output-Based Regulations.--The Agency is directed to follow
the guidance included in the joint explanatory statement
accompanying Public Law 117-103.
Outreach to Farm Workers.--The Committees direct the Agency
to extend its Spanish-language outreach program educating farm-
workers and pesticide handlers about improving workers safety
when applying pesticides in agriculture operations through
radio and other media. The Committees note support from outside
parties of the radio outreach effort as having materially
improved farm workers' knowledge and ability to reduce exposure
risks for themselves and their families, and that research
indicates the importance of message repetition over an extended
period. The Committees encourage the Agency to continue its
Spanish-language outreach program educating farm workers and
pesticide handlers about improving workers safety when applying
pesticides in agriculture operations through media such as
radio.
Pre-Commercial Thinning.--The Agency is directed to follow
the guidance included in the joint explanatory statement
accompanying Public Law 117-103.
Small Refinery Relief.--The Agency is directed to follow
the guidance in the joint explanatory statement accompanying
Public Law 117-103.
Transboundary Watersheds.--The Agency is directed to follow
the guidance in the joint explanatory statement accompanying
Public Law 117-103.
OFFICE OF INSPECTOR GENERAL
The bill provides $44,030,000 for the Office of Inspector
General. The bill transfers $11,800,000 from the Hazardous
Substance Superfund account to this account.
The Committees remind the Office of Inspector General of
its stated core values of customer service, integrity, and
accountability, including a commitment to transparent processes
and compliance with laws, regulations, policies, and sound
business practices. The Committees remain concerned that the
Office undertook a significant reorganization without prior
notification to Congress as consistent with past practice and
required by Public Law 117-103. The Office is reminded of the
Committees' reprogramming rules and guidelines outlined in the
front matter of this report.
The Office of Inspector General is directed to provide a
quarterly report that includes all activities and expenditures
related to its work on the Infrastructure Investment and Jobs
Act, including any travel or conference expenditures. The
report shall include a description of the activity, budget
authority allocated for that activity, obligations, and
outlays. It shall also include the number of full-time
equivalents assigned to each activity. The Office is reminded
of its duty to properly account for these funds, to make sure
that they are not comingled with its annual appropriated
dollars, and to ensure that its work returns value to
stakeholders, taxpayers, and others. The first report is due
within 90 days of enactment of this Act.
BUILDINGS AND FACILITIES
The bill provides $48,752,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,282,700,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $11,800,000 to the Office of Inspector General account
and $31,607,000 to the Science and Technology account. The
agreement provides the following additional direction:
Research: Chemical Safety and Sustainability.--The
agreement provides $12,961,000 for Research: Chemical Safety
and Sustainability. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,937,000 for Research: Sustainable and
Healthy Communities. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Superfund Cleanup.--Within available funds for Superfund
Remedial, the agreement includes $3,856,000 as requested to
replace and upgrade aging analytical equipment and modernize
associated IT infrastructure across regional offices and in
regional EPA laboratories that provide sound, legally
defensible scientific data to support decisions by EPA's
Superfund Remedial Program.
Additional Guidance.--The following additional guidance is
included:
Adaptive Management.--The Agency is directed to follow the
guidance regarding Adaptive Management Guidance in the joint
explanatory statement accompanying Public Law 117-103. The
Committees also encourage the Agency to create an
implementation plan, which aims to educate the Regions as well
as stakeholders regarding the proper use and consistent
application of the Guidance.
Bubbly Creek, Illinois.--The Committees direct the Agency
to brief the Committees on what current EPA authorities and
programs exist to advance the restoration of urban rivers and
environmental justice areas that have historic contamination
but that do not meet the levels needed to be considered
Superfund sites. The Committees remain concerned about the lack
of progress on the restoration of the South Fork of the South
Branch of the Chicago River known as ``Bubbly Creek'' and
encourage the Agency to use its existing authorities and
programs to advance the project.
Contaminants of Emerging Concern.--The Agency is directed
to follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
Manganese.--The Agency is directed to follow the guidance
in the joint explanatory statement accompanying Public Law 117-
103. The Committees encourage further community engagement as
EPA monitors and tests manganese contaminated sites in Chicago
as well as continued EPA assistance to assess and safely clean
up affected areas.
Oak Ridge Reservation Cleanup.--The Committees note the
Agency's work and agreement with the Department of Energy and
State of Tennessee to remediate the legacy waste at the Oak
Ridge Reservation. The Committees further note the time-
sensitive need for approval of a final Record of Decision on a
future CERCLA disposal facility. The Agency is encouraged to
execute all actions under its regulatory responsibility
required for a final Record of Decision approval in a timely
fashion.
Polychlorinated Byphenyls (PCB) Contamination.--The Agency
is directed to follow the guidance in Senate Report 116-123.
The Committees also direct the Agency to move expeditiously
through the final portions of the Shaffer Equipment/Arbuckle
Creek site risk assessment and remedial action plans and begin
helping residents address this contamination as quickly as
possible.
Tribal Guidance.--The Agency is directed to follow the
guidance in Senate Report 116-123.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $93,205,000 for the Leaking Underground
Storage Tank Trust Fund Program.
Additional Guidance.--The following additional guidance is
included:
Tribal Consultation.--The Agency is directed to follow the
guidance in Senate Report 116-123.
INLAND OIL SPILL PROGRAMS
The bill provides $22,072,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
(INCLUDING RESCISSION OF FUNDS)
The bill provides $4,480,428,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Community Project Funding Items/Congressionally Directed
Spending Items.--From within funds provided for capitalization
grants for the Clean Water State Revolving Fund and the
Drinking Water State Revolving Fund, the Committees recommend
$863,108,642 from the Clean Water SRF and $609,255,899 from the
Drinking Water SRF be for Community Project Funding/
Congressionally Directed Spending grants for the construction
of drinking water, waste-water, and storm-water infrastructure
and for water quality protection. The Agency is directed to
follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
Of the unobligated balances available prior to fiscal year
2012 for ``special project grants'' or ``special needs
infrastructure grants,'' or for the administration, management,
and oversight of such grants, $13,300,000 are permanently
rescinded.
The Committees remind the Agency of the importance of
Community Project Funding/Congressionally Directed Spending
projects to hundreds of communities across the country. The
Agency should prioritize the proper oversight and execution of
these dollars.
Infrastructure Assistance.--The Agency is directed to
follow the guidance regarding certified operators in the joint
explanatory statement accompanying Public Law 117-103.
Brownfields Program.--The agreement directs the Agency to
follow the guidance in House Report 117-400.
Diesel Emission Reductions Grants (DERA).--The Committees
support the use of DERA funding in transportation
electrification projects.
Targeted Airshed Grants.--The Agency is directed to follow
the guidance in the joint explanatory statement accompanying
Public Law 117-103.
Wildfire Smoke Preparedness.--The Agency is directed to
follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
New Grant Programs.--The agreement provides $16,000,000 for
new infrastructure assistance grant programs including the
Midsize and Large Drinking Water System Infrastructure
Resilience and Sustainability program, the Indian Reservation
Drinking Water Program, Stormwater Infrastructure Technology,
and Enhanced Aquifer Use and Recharge. Funding is listed by
account in the table accompanying this explanatory statement.
Categorical Grants.--The agreement provides $1,160,625,000
for Categorical Grants. Funding levels are specified in the
table at the end of this division.
Categorical Grant: Resource Recovery and Hazardous Waste
Grants.--The bill includes a provision to spend categorical
grant funds for the purpose of providing grants to assist
States in the development and implementation of state programs
for the control of coal combustion residuals under section 2301
of the Water and Waste Act of 2016 (Public Law 114-322), and
the Agency is directed to allocate $4,000,000 from the
Hazardous Waste Financial Assistance categorical grants program
project for this purpose. The Committees note that funds
awarded under the authority provided by this Act are not
subject to section 3011 of the Solid Waste Disposal Act (Public
Law 89-272).
Categorical Grant: Public Water System Supervision.--Of the
funds provided, $12,000,000 is to further support States,
Territories, and Tribes in addressing PFAS and other
contaminants of emerging concern as they carry out their Public
Water System Supervision programs.
Categorical Grant: State and Local Air Quality
Management.--The Agency is directed to allocate funds for this
program using the same formula as fiscal year 2015. Should the
Agency seek to change the formula, it should submit a proposal
in its fiscal year 2024 budget justification for consideration
by the Committees.
Categorical Grant: Tribal General Assistance Program.--For
fiscal year 2023, the Agency is directed to allocate funds for
this program using the same formula as fiscal year 2022.
Additional Guidance.--The following additional guidance is
included:
Innovative Technologies for Water Infrastructure.--The
Committees are aware that capital investment in innovative
technologies, including but not limited to, distribution
network leak detection, pressure monitoring, water chemistry,
sanitary and combined sewer monitoring, enhanced nutrient
removal, and membrane treatment during upgrades to water and
wastewater systems, is essential to optimize water delivery
performance, reduce energy usage, limit water waste in
distribution systems, protect public health, and enhance the
modeling and operation of sewer collection networks and
wastewater treatment facilities. Such technologies will help to
improve operations, maintenance, and capital expenditures in
planning and budgeting and increase spatial and temporal
monitoring data available on U.S. water quality and quantity.
The Committees also are aware that these technologies may be
funded by both the Drinking Water and Clean Water State
Revolving Funds, as well as various other water infrastructure
grant programs, and may be funded separately or as part of an
overall project to upgrade water infrastructure. As such, the
Committees direct the Agency to make it clear through guidance
or other means that, where eligible, funding may be used for
such innovative technologies and that the Agency encourages
applicants to State Revolving Fund programs to utilize
technology to optimize water delivery performance, reduce
energy consumption, and limit water waste in distribution
systems.
Use of Iron and Steel.--The bill includes language in title
IV general provisions that stipulates requirements for the use
of iron and steel in State Revolving Fund projects, and the
agreement includes only the following guidance: the Committees
acknowledge that the Agency may issue a waiver of said
requirements for de minimis amounts of iron and steel building
materials. The Committees emphasize that any coating processes
that are applied to the external surface of iron and steel
components that otherwise qualify under the procurement
preference shall not render such products ineligible for the
procurement preference regardless of where the coating
processes occur, provided that final assembly of the products
occurs in the United States.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides a total of $75,640,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill increases the cost ceiling per project to $300,000
for the construction, alteration, repair, rehabilitation, and
renovation of facilities.
The bill directs the availability of not less than
$2,500,000 of funds for the National Estuary Program for
competitive grants.
The bill provides for the Office of Chemical Safety and
Pollution Prevention and the Office of Water in fiscal year
2023 to use up to $2,000,000 to hire students and recent
graduates as contractors on a temporary or intermittent basis.
TITLE III--RELATED AGENCIES
Department of Agriculture
Office of the Under Secretary for Natural Resources And Environment
The bill provides $1,000,000 for the Office of the Under
Secretary for Natural Resources and Environment.
FOREST SERVICE
The agreement maintains funding for the activities
delineated in House Report 117-83, unless otherwise specified
herein, which the Service will fund with the appropriate
combination of salaries and expenses and programmatic funds
within each appropriations account.
Sudden Oak Death.--Within funds provided, the bill provides
$2,000,000 for Sudden Oak Death treatments and partnerships
with States and private landowners.
Transfers within Appropriations.--The Service is directed
to include a list of approved administrative transfers for the
previous fiscal year, including those made between accounts
affected by budget restructuring and for hazardous fuels
mitigation, in the annual budget submission.
21st Century Conservation Service Corps and Job Corps.--The
Service is directed to continue to expand advance wildfire
training offerings at Job Corps Civilian Conservation Centers
and to brief the Committees within 90 days of enactment of this
Act on barriers to expanding these offerings.
Local Hiring and Workforce.--The Service must work with
state workforce development offices to ensure that local
residents are aware of available jobs and should use
contracting mechanisms that focus on local hiring, such as
stewardship contracts, preferential treatment for businesses
that hire locally as authorized in this bill, and utilization
of graduates of Forest Service Job Corps Civilian Conservation
Centers. The Service must also work with the Department of
Labor to ensure that contractors are in compliance with the law
and regulations for temporary non-agricultural visas.
Forest and Grassland Collaboratives.--In lieu of the House
direction on Forest Collaboratives, the Committees have
included bill language that gives the Service authority to
better support local organizations' capacity to collaborate on
projects that benefit the National Forest System and provide up
to $2,000,000 for these activities.
The Service should partner with Tribes to prioritize
recovery on lands impacted by wildfire.
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,152,744,000 for Forest Service
Operations. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
FOREST AND RANGELAND RESEARCH
The bill provides $307,273,000 for Forest and Rangeland
Research. The Committees support the current structure
consisting of the five regional research stations, the
International Institute of Tropical Forestry, and the Forest
Products Laboratory, and direct that each of the existing
facilities and programs be funded at least at the enacted
level. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
Funding Directives.--The agreement provides for the
following research priorities, for which funding of
geographically-based items is in addition to funds otherwise
provided to individual research units and therefore is not to
be factored into base allocations:
--$4,500,000 to the Joint Fire Science program, which
combined with funding in the Department of Interior provides
$9,000,000 in total.
--$2,000,000 for collaborative research to determine the
quantity and spatial distribution of forest biomass and carbon
at multiple spatial scales and analyze the financial impact of
this determination to provide forest carbon program
participants with greater opportunities for income generation.
--$3,000,000 to conduct collaborative research to determine
the distribution and movement of needle pathogens, understand
the disease cycle and the environmental factors that drive the
emergence and distribution of the needle pathogens, and
determine if the appearance is due to more aggressive strains
of the pathogens and the origins of the pathogens.
--$5,000,000 to support the Northeastern States Research
Cooperative, a collaboration among universities in Maine, New
Hampshire, New York, and Vermont, sponsoring research to
sustain the health of northern forest ecosystems and
communities, develop new forest products and improve forest
biodiversity management. Of this amount, $4,000,000 shall be
provided directly to the Cooperative within 90 days of
enactment of this Act, and $1,000,000 shall be directed to
Service research projects identified as priority needs by an
advisory committee of community, business, and industry leaders
in the region. None of these funds shall be factored into the
base allocation of the Northern Research Station.
--$2,000,000 for research on forest-based cellulose
nanomaterials, including material forms, manufacturing
processes, and technology transfer.
--$2,000,000 to support new and existing academic
partnerships to further explore the use of available
technologies like remote sensing and methodologies such as
small area estimation to further refine county and State
biomass estimates as outlined in Sec. 8632 of the Agriculture
Improvement Act of 2018 (Public Law 115-334).
--$4,000,000 for cooperative research to develop new
understandings and innovative solutions to address wildfire
impacts on forested source water, downstream clean water, and
water treatability.
--$3,000,000 for university-led research and partnerships
to better understand fires in the wildland-urban interface,
improve workforce development for wildfire management
professionals, and improve the safety and efficiency of
wildland firefighting techniques.
--$1,500,000 to conduct collaborative research to develop
remote sensing capabilities that deploy acoustic technologies
for wildfire monitoring.
--$200,000 to study the impact of reduced snowpack on the
Northern Waterthrush.
--$500,000 to increase modeling work to better understand
the upper limit of fish distribution in the Pacific Northwest.
--$1,500,000 to continue Forest Products Laboratory
university partnerships to optimize biomass commercialization,
including lumber standards, mass timber construction, and
durability.
STATE AND PRIVATE FORESTRY
The bill provides $337,758,000 for State and Private
Forestry. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
All funding for specific programs, directives, or
congressionally directed spending identified herein is in
addition to funds otherwise provided to States and regions
through the formula and competitive grant process and therefore
is not to be factored into those allocations.
Cooperative Forestry.--The Committees remain concerned
about the high rate of tree mortality on National Forests due
to bark beetle infestations, which can increase the risk and
severity of wildfires for communities and adjacent lands. The
Service is directed to work with States and Tribes to
prioritize insect prevention, suppression, and mitigation
projects on non-Federal land that support community wildfire
protection and State forest action plans.
Forest Ecosystem Monitoring Cooperative.--Within the funds
provided, $1,000,000 is for the Forest Ecosystem Monitoring
Cooperative to support existing academic partnerships in the
Northern Forest Region. A reduced non-Federal cost share shall
be negotiated with the host agencies to enable full
implementation of the program. The Committees direct the
Service to continue to utilize existing partnerships with
research institutions and States to fund research to establish
methods, tools, and standard protocols that help quantify
forest ecosystem services, particularly carbon, in natural
forested regions as a resource that can be managed by forest
landowners for ecological and economic benefit.
Forest Resource Information and Analysis.--The bill
provides $30,167,000 for congressionally directed spending in
this program. A detailed list of projects is included in the
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' table
accompanying this statement. In order to align with new
guidance related to matching requirementsannounced by the
Service on July 22, 2022, the Committees direct that no match shall be
required for these projects. The Committees intend that this
clarification, in addition to the projects' funding coming from a
separate line within State and Private Forestry, should simplify the
process for recipients and the Service.
NATIONAL FOREST SYSTEM
The bill provides $1,974,388,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table accompanying this explanatory statement.
The Service will continue to follow the directive on
Tariffs on Timber Exports contained in Senate Report 116-123.
Recreation, Heritage, and Wilderness.--Within the funds
provided, $1,000,000 is included to continue implementation of
the Native American Tourism and Improving Visitor Experience
[NATIVE] Act (Public Law 114-221) and $3,000,000 is included to
support infrastructure and trails development and to build the
capacity of local user groups and partnership organizations, to
be divided equally between National Recreation Areas
administered by the Forest Service and established after 1997.
Grazing Management.--The bill provides $6,300,000 for
Grazing Management. The Service is encouraged to prioritize
management of active allotments that are not meeting or are
inconsistent with current forest plan standards or do not have
current assessments, and reducing the backlog of active
allotments requiring analysis and new management decisions
under the National Environmental Policy Act, according to the
priorities established in the Forest Service Handbook. The
Service is directed to brief the Committees within 90 days of
enactment of this Act on its progress to relieve the backlog of
fully processed permits. Further, the Service shall evaluate
the condition of permitted lands with Greater sage-grouse
habitat and is expected to consider modifying usage to assure
achievement of sage-grouse habitat requirements, taking into
account drought, climate change, and its multiple use mandate.
Fuels Management.--The bill provides $207,000,000 for fuels
management activities and does not transfer the program to
Wildland Fire Management, as proposed in the budget. This
program was transferred to National Forest System in fiscal
year 2018 to align hazardous fuels work with other forest
management activities. The Committees will consider moving this
budget line item once the Service has provided an analysis of
how relocation of the program aligns with the long-term
workforce planning effort currently underway. Of the funds made
available for fuels management, $15,000,000 is for the
Community Wood Energy Program; $30,000,000 is for Wood
Innovation Grants; $6,600,000 is provided for the Southwest
Ecological Restoration Institutes; and no less than the enacted
level is to implement section 5 of the Lake Tahoe Restoration
Act (Public Law 106-506).
Wildlife and Fish Habitat Management.--The bill provides
$24,000,000 for Wildlife and Fish Habitat Management. The
Service should create a system for integrating both
comprehensive and discrete projects to meet fish and wildlife
habitat conservation goals into its spending plans.
Consequently, the bill provides no less than an increase of
$2,000,000 above the enacted level of funding for threatened
and endangered species activities to contribute to significant
recovery actions. The Service is directed to brief the
Committees within 90 days of enactment of this Act on
performance indicators and other accountability measures for
these activities in order to track its expenditures to comply
with reporting requirements.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $158,048,000 for Capital Improvement and
Maintenance programs.
The Service is directed to brief the Committees within 90
days of enactment of this Act on a plan to delineate between
new construction and the maintenance and repair of existing
infrastructure in future budget submissions.
Facilities.--The bill provides $54,000,000 for Facilities.
The Service is directed to use an appropriate level of funding
for shared repository care of the National historical
collection.
The Service should work with the Federal Aviation
Administration to update charting of airstrips located on
National Forest System lands for administrative, recreational,
and emergency purposes.
The Service is directed to brief the Committees within 120
days of enactment of this Act on its plan to rebuild the Ocoee
Whitewater Center, including the anticipated cost and
timeframe.
The Service is directed to prioritize funding available for
public-use cabins on maintenance, ensuring structural
integrity, and the general hygiene of existing cabins prior to
the construction of new cabins.
Trails.--The bill includes $20,000,000 for Trails. Of the
funds provided, no less than an increase above enacted of
$500,000 for trail operation, maintenance and construction on
National Scenic and Historic Trails. The Service is directed to
develop a plan to address gaps in the Alaska Long Trail between
Moose Path and Portage within the Chugach National Forest.
Legacy Roads and Trails.--The bill provides $6,000,000 for
Legacy Roads and Trails.
Construction Projects.--The bill provides $5,048,000 for
congressionally directed spending in this program. A detailed
list of projects is included in the ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this explanatory statement.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $664,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,719,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $1,099,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $945,956,000 for Forest Service Wildland
Fire Management. In total, the annual funding for fire
suppression operations at the Forest Service is $3,596,000,000,
including $1,386,000,000 in emergency funding and
$2,210,000,000 in the Wildfire Suppression Operations Reserve
Fund. The bill also provides an additional $160,000,000 for
preparedness in emergency supplemental funding. The detailed
allocation of funding by activity is included in the table
accompanying this explanatory statement.
Firefighter Housing.--The Service shall brief the
Committees within 90 days of enactment of this Act on the
housing needs necessary to support a permanent wildfire
workforce, detailing the deferred maintenance for existing
housing and required new housing, and highlighting any current
barriers such as market rate requirements and Federal housing
price determinations.
Aviation Resources.--The Service is directed to develop
policies to implement the findings in its Aerial Firefighting
Use and Effectiveness study, and brief the Committees within 90
days of enactment ofthis Act on how it will spend funding
appropriated for Preparedness and Suppression in a manner consistent
with those findings.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $2,210,000,000 for the Wildfire
Suppression Operations Reserve Fund, which is $90,000,000 above
the enacted level. S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022 and
section 1(g) of H. Res. 1151 (117th Congress), as engrossed in
the House of Representatives on June 8, 2022, included a budget
cap adjustment for wildfire suppression costs and this
additional funding is included for fiscal year 2023.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
(INCLUDING RESCISSION OF FUNDS)
The bill provides a total of $6,958,223,000 for the Indian
Health Service (IHS), of which $4,890,282,000 is for the
Services account, and a rescission of $29,388,000 of
unobligated balances as detailed below. All programs, projects,
and activities are maintained at fiscal year 2022 enacted
levels unless otherwise specified below. All increases are
general program increases unless otherwise stated. The Service
is expected to comply with the instructions and requirements at
the beginning of this division and in House Report 117-400,
unless otherwise specified below. Language contained in the
explanatory statement accompanying the Consolidated
Appropriations Act, 2022 (Public Law 117-103) regarding market-
specific pay scales, limitations on incentives, tracking
improvements to patient health, use of accreditation emergency
funds, joint venture solicitations, and interoperability and
compatibility of the new electronic health record system with
the Department of Veterans Affairs system, is restated, and
first aid kit enhancements is restated as well as language
contained in the Public Law 116-260, Consolidated
Appropriations Act 2021, regarding the dental health therapist
training program is also restated. Additional details,
instructions, and requirements follow below and in the table at
the end of this division.
Advance Appropriations.--The agreement provides advance
appropriations for the Indian Services and Indian Health
Facilities accounts totaling $5,129,458,000 for fiscal year
2024. Additional details, instructions, and requirements follow
in the table at the end of this division.
Addressing Sexual Abuse.--The Committees remain deeply
concerned about reports of sexual abuse at IHS operated
facilities. IHS is to take prompt action on any new
allegations, and keep the Committees apprised on implementation
of recommendations to prevent sexual abuse. Further the
Committees remind IHS of the direction contained in the House
bill and incorporate language included in the fiscal year 2022
explanatory statement related to addressing sexual abuse.
Current Services.--The agreement includes $109,082,000 for
pay costs and inflation, which is based upon updated recent
estimates provided to the Committees. The Committees expect IHS
to disburse all funding provided for current services upon
receipt, and to consult with the Committees before withholding
any appropriated funds.
Staffing for New Facilities.--The agreement includes
$60,384,000 for staffing newly opened health facilities, which
is the full amount required in fiscal year 2023 based upon
updated estimates provided to the Committees. Funds for
staffing of new facilities are limited to facilities funded
through the Health Care Facilities Construction Priority System
or the Joint Venture Construction Program that have opened in
fiscal year 2022 or will open in fiscal year 2023. None of
these funds may be allocated to a facility until such facility
has achieved beneficial occupancy status. As initial estimates
included as part of the annual budget request are refined, IHS
is expected to communicate updated cost estimates to the
Committees.
In fiscal year 2022 the Committees provided funds for the
staffing of facilities scheduled to obtain beneficial occupancy
status. Due to unforeseen delays these facilities were not able
to achieve beneficial occupancy nor are they expected to do so
in fiscal year 2023. Consequently, these previously provided
funds will expire at the end of fiscal year 2023. Rather than
let these funds expire and go unused, the Committees are
required to rescind these funds and provide appropriations when
the facilities are scheduled to achieve beneficial occupancy.
The Committees expect the Service to provide periodic status
updates on these facilities and to request the necessary
staffing funds at the appropriate time.
Hospitals and Health Clinics.--The agreement provides
$2,503,025,000 for Hospitals and Health Clinics, which includes
an additional $10,000,000 for Tribal epidemiology centers,
$2,000,000 for village built clinics, and an additional
$1,000,000 to improve maternal health. This amount also
includes requested reallocation of prior year staffing funds
for the Phoenix Indian Medical Center, Cherokee Nation, and
United Keetoowah Band. The agreement maintains funding at
fiscal year 2022 enacted levels for the Alzheimer's program and
Produce Prescription Pilot program. The agreement also
continues funding at the fiscal year 2022 enacted levels for
the domestic violence prevention program, accreditation
emergencies as discussed in the House report, health
information technology, healthy lifestyles in youth project,
and the National Indian Health Board cooperative agreement.
Village Built Clinics (VBC).--The Committees remind the
Service of fiscal year 2022 direction to work collaboratively
with impacted Tribes and Tribal organizations to produce the
data needed to accurately calculate the funding for VBC lease
funding, including the number of active VBC facilities, their
current funding levels, and if necessary, any additional
amounts needed to fully fund the eligible operating and
ownership costs for all VBC facilities. The Service is directed
to brief the Committees on the status of this directive within
60 days of enactment of this Act, which shall include providing
a copy of the data collected to date.
Electronic Health Records.--The agreement provides
$217,564,000 for Electronic Health Records (EHR), which
includes an increase for uses as requested. The Committees
expect the Service to provide detailed quarterly progress
updates on the obligation and expenditure of these funds as
well as status updates on progress of the Service's
modernization efforts.
Mental Health.--The bill provides $127,171,000 for Mental
Health, which continues funding at fiscal year 2022 enacted
levels for the behavioral health integration initiative, for
suicide prevention, and for the Telebehavioral Health Center of
Excellence and includes the requested reallocation of staffing
funds. The Director of IHS, in coordination with the Assistant
Secretary for Mental Health and Substance Abuse, shall award
grants for providing services, provide technical assistance to
grantees under this section, and evaluate performance of the
program.
Alcohol and Substance Abuse.--The bill provides
$266,440,000 for the Alcohol and Substance Abuse Programs,
which includes a general program increase to support existing
programs, including, among others, the Special Behavioral
Health Pilot Program that addresses behavioral health
challenges in Indian Country. In addition, the agreement
continues the Generation Indigenous, Youth Pilot project, and
essential detoxification services, which shall be distributed
as directed in Senate Report 116-123. This amount also includes
the requested reallocation of former National Institute on
Alcohol Abuse and Alcoholism (NIAAA) funds to the Urban Indian
Health line.
Purchased/Referred Care.--The agreement includes
$996,755,000 for the Purchased/Referred Care program, which
includes an additional $1,000,000 funding for the Indian
Catastrophic Health Fund.
Urban Indian Health.--The agreement includes $90,419,000
for the Urban Indian health program, which includes the
reallocation of former NIAAA funds.
Indian Health Professions.--The agreement provides
$80,568,000 for Indian health professions, which includes an
additional $5,000,000 for the loan repayment program and a
general program funding increase to be allocated for all
programs, including among others, the InMed program, the fourth
site expansion, Quentin N. Burdick Indians into Nursing, and
the American Indians into Psychology Programs.
Direct Operations.--The bill provides $103,805,000 for
direct operations, which includes an increase of $5,000,000 for
quality and oversight, for uses as requested, and an increase
of $1,000,000 for management and operations.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2022 providing
an indefinite appropriation to fully fund contract support
costs, which are estimated to be $969,000,000 in fiscal year
2023.
PAYMENTS FOR TRIBAL LEASES
The bill continues language from fiscal year 2022 providing
an indefinite appropriation to fully fund payments for Tribal
leases, which are estimated to be $111,000,000 in fiscal year
2023.
INDIAN HEALTH FACILITIES
The bill provides $958,553,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2022 enacted levels unless otherwise
specified below. IHS is expected to comply with the
instructions and requirements at the beginning of this division
and in House Report 117-400, unless otherwise specified below.
Language contained in explanatory statement accompanying Public
Law 116-6 regarding health impacts of inadequate sanitation,
Mt. Edgecombe, and Alaska facility assessments is restated.
Current Services.--The agreement includes $11,324,000 for
pay costs and inflation, which is based upon updated estimates
provided to the Committees. The stipulation included in
``Indian Health Services'' regarding prompt distribution of
funds pertains to this account as well.
Staffing for New Facilities.--The bill includes $5,398,000
for staffing newly opened health facilities, which is the full
amount based upon updated estimates provided to the Committees.
Funds for staffing of new facilities are limited to facilities
funded through the Health Care Facilities Construction Priority
System or Joint Venture Construction Program that have opened
in FY 2022 or will open in FY 2023. Further, the stipulations
included in the ``Indian Health Services'' account regarding
the allocation of funds pertain to this account as well.
Sanitation Facilities Construction.--The agreement provides
$196,167,000 for sanitation facilities construction, which
accounts for a transfer of $3,000,000 for certification
training to the Facilities and Environmental Health funding
line as requested in a reprogramming request by the Service.
The bill also includes $15,192,000 for congressionally directed
spending (CDS) projects as shown on the table titled ``Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' accompanying
this explanatory statement. Further, the Committees expect IHS
to include an updated five-year spend plan in fiscal year 2023
for any funds requested.
Health Care Facilities Construction.--The agreement
provides $260,896,000 for health care facilities construction,
which includes an additional $1,000,000 for quarters. The
agreement continues funding at fiscal year 2022 enacted levels
for green infrastructure as directed in the explanatory
statement accompanying Public Law 116-94, and small ambulatory
clinics, including the funds for replacement and expansion
projects. The agreement directs the Service to report to the
Committees within 90 days of enactment of this Act on how these
funds will be distributed as well as the estimated number of
quarters and associated costs for new staff quarters at
existing health facilities.
Facilities and Environmental Health.--The agreement
provides $298,297,000 for this program, which maintains
$3,000,000 for preliminary engineering reports and repurposes
prior year staffing funds as requested. This also includes a
transfer from the Sanitation Facilities Construction funding in
order to provide technical assistance, training, and guidance
to sanitation operators, families, and communities regarding
the operation and maintenance of water supply and sewage
disposal facilities as outlined in a reprogramming request by
the Service.
Equipment.--The bill provides $32,598,000 for equipment,
which continues $500,000 for TRANSAM and includes an additional
$1,000,000 for emergency generators, as directed in House
Report 117-400.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $83,035,000 for the National
Institute of Environmental Health Sciences. The Committees
continue the $2,000,000 provided in fiscal year 2022 to further
the Institute's work on PFAS and other contaminants of emerging
concern. The Institute both leads and supports significant
research on PFAS that will result in better remediation
outcomes. Further, of the funds provided, not less than
$1,750,000 shall be to support risk reduction for Native
Americans to hazardous metals mixtures from abandoned uranium
mine waste.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $85,020,000. The Committees continue
the $2,000,000 provided in fiscal year 2022 to further the
Agency's work on PFAS and other contaminants of emerging
concern.
Birth Cohort Study.--The bill provides funding for
continuation of the birth cohort study on the Navajo Nation.
The Committees support the study to better understand the
relationship between uranium exposures, birth outcomes, and
early developmental delays on the Navajo Nation.
Pediatric Environmental Health Specialty Units.--The
Committees encourage the Agency to continue support for
Pediatric Environmental Health Specialty Units.
Other Related Agencies
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $4,676,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety And Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $14,400,000 for the Chemical Safety and
Hazard Investigation Board, which includes funding for the
docket management system as requested. The Committees urge the
Board to address long-standing management challenges and staff
vacancy issues so that it can effectively and fully accomplish
its critical mission. The Committees also direct the Board to
brief the Committees on proposed funding needs and budget
structure for fiscal year 2024.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill does not provide new appropriations for fiscal
year 2023, however, a total of $3,060,000 is made available
from unobligated balances for fiscal year 2023 operations. The
bill continues the direction provided in the explanatory
statement accompanying Division G of the Consolidated
Appropriations Act, 2017 (Public Law 115-31). There is
continued commitment to bringing the relocation process to an
orderly conclusion and ensuring all eligible relocatees receive
the relocation benefits to which they are entitled.
Consultation with all affected parties and agencies is the key
to a transparent, orderly closeout.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $13,482,000 for fixed costs and academic
programs of the Institute of American Indian Arts.
Smithsonian Institution
SALARIES AND EXPENSES
The agreement provides a total of $1,144,500,000 for all
Smithsonian Institution accounts, of which $892,855,000 is
provided for salaries and expenses, which includes fixed costs.
The agreement also includes the following program increases:
$600,000 for National Zoological Park animal welfare; the
requested program increases for the National Museum of the
American Latino and the Smithsonian Women's History Museum;
$3,000,000 to support digital transformation efforts across the
Institution ensuring access to the Smithsonian's digital
content; and $3,050,000 for the Research Program Initiatives
Pool, with a particular focus on recycling research; $3,600,000
for IT security; and $500,000 for facilities security. The
detailed allocation of funding is included in the table at the
end of this explanatory statement.
Repressed Cultures Preservation.--Global conflicts and
repressive regimes continue to threaten cultural and linguistic
heritage across the world. The bill includes $500,000 in World
Culture Consortium to enhance the Smithsonian's work in this
area, to include preservation efforts as well as research,
exhibitions, and education programming. Within 90 days of
enactment of this Act, the Smithsonian is directed to brief the
Committees on its plans for such activities for fiscal year
2023.
Within 90 days of enactment of this Act, the Smithsonian is
directed to brief the Committees on the funding it is
allocating to deferred maintenance and how it is addressing the
deferred maintenance backlog.
FACILITIES CAPITAL
The agreement provides $251,645,000 for Facilities Capital.
The Smithsonian is directed to use planning and design funding
for the new museums as requested in the budget.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $170,240,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,875,000 is for the special exhibition program.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $39,000,000 for the Repair, Restoration
and Renovation of Buildings account and includes funds for the
design and construction of an off-site art storage facility in
partnership with the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $27,640,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $17,740,000 for the Capital Repair and
Restoration account.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $15,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $207,000,000 for the National Endowment
for the Arts (NEA) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agreement
reiterates the direction contained in the explanatory statement
accompanying Public Law 117-103, Consolidated Appropriations
Act, 2022, regarding the Creative Forces NEA Healing Arts
Network, and the collaborative relationship between NEA and
States.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $207,000,000 for the National Endowment
for the Humanities (NEH) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agreement
reiterates the direction contained in the explanatory statement
accompanying Public Law 116-260, Consolidated Appropriations
Act, 2021, regarding the ``We the People Initiative'', and
Public Law 117-103, Consolidated Appropriations Act, 2022,
regarding the support for projects that illustrate the
transformative role of women in American history.
Endangered Languages.--The Committees support the
Documenting Endangered Languages Initiative and NEH's
partnership with the National Science Foundation [NSF] to
develop and advance knowledge concerning endangered human
languages. The Committees are especially concerned with the
linguistic threats faced by ethnic and religious minorities in
Central and East Asia, including the Uyghurs, Tibetans, and
Mongolians. The Committees direct the NEH to brief the
Committees within 90 days of the enactment of this Act on the
ongoing endangered languages work with emphasis on this region.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,661,000 for the Commission of Fine
Arts.
National Capital Arts and Cultural Affairs
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program. The agreement provides bill
language regarding eligibility for grants. Grant funds shall be
distributed consistent with the established formula and
eligibility requirements used in fiscal year 2022.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The bill provides $8,585,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,750,000 for the National Capital
Planning Commission, including funding for lease costs.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
The bill provides $65,231,000 for the United States
Holocaust Memorial Museum.
Presidio Trust
The bill provides $90,000,000 in loan authority for the
Presidio Trust and increases the limit for the aggregate amount
of outstanding obligations to $250,000,000.
World War I Centennial Commission
SALARIES AND EXPENSES
The bill provides $1,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
United States Semiquincentennial Commission
SALARIES AND EXPENSES
The bill provides $15,000,000 for the necessary expenses of
the United States Semiquincentennial Commission.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
The bill provides $550,000 for necessary expenses of the
Commission. The Commission is directed to conduct a
comprehensive study of Federal, State, local, and Tribal
programs that serve Native children.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2023.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of appropriations.
Section 415 extends certain authorities allowing the Forest
Service to renew grazing permits.
Section 416 prohibits the use of funds to maintain or
establish a computer network unless such network is designed to
block access to pornography websites.
Section 417 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 418 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 419 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 420 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 421 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 422 incorporates Reprogramming Guidelines into the
Act.
Section 423 continues a provision authorizing the Secretary
of the Interior and the Secretary of Agriculture to consider
local contractors when awarding contracts for certain
activities on public lands.
Section 424 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 425 extends the authority for the Interpretive
Association for one year.
Section 426 extends the authority for Puerto Rico Schooling
for one year.
Section 427 extends the authority for Forest Botanical
Products fee collection for one year.
Section 428 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
Section 429 requires 105(l) Tribal lease payments to begin
no earlier than the date the lease proposal is submitted and
for the Federal agencies to consult with Tribes on lease
requirements.
Section 430 extends the authority for the Forest Ecosystem
Health and Recovery Fund by one year.
Section 431 requires the allocation of funds from the
National Parks and Public Land Legacy Restoration Fund and Land
and Water Conservation Fund.
Section 432 addresses carbon emissions from forest biomass.
Section 433 addresses the use of small remote incinerators
in the State of Alaska.
Section 434 addresses timber sales involving Alaska western
red and yellow cedar.
Section 435 provides transfer authority to the Federal
Highway Administration for the National Parks and Public Land
Legacy Restoration Fund.
Section 436 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 437 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 438 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 439 makes road construction more inclusive.
Section 440 provides for wildland firefighter pay cap
waiver.
Section 441 establishes an interest bearing account.
Section 442 provides a technical correction to a fiscal
year 2022 project.
Section 443 provides an emergency designation to the
Hazardous Substance Superfund account.
Section 444 allows easement or right-of-way permits over
certain Federal lands.
Section 445 extends authorization for Alaska Native
regional health entities.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2023
----------------------------------------------------------------------------------------------------------------
State(s) Station or Unit Name Project Funding Amount
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
AK..................................... Anchorage District....... Glennallen Warehouse 4,706,000
Consolidation.
AZ..................................... Gila District............ Hot Well Dunes Facilities 5,180,000
and Site Repairs.
CA..................................... California Desert Cahuilla Ranger Station 8,225,000
District. Replacement.
CO..................................... Grand Junction Air Center Grand Junction Air Center 3,470,000
Tanker Base Repairs
(Phase II).
ID..................................... Coeur d'Alene District, Idaho Recreation Site 6,377,000
Idaho Falls District, Repairs.
and Twin Falls District.
ID..................................... National Interagency Fire Airfield Ramp Tarmac 2,500,000
Center. Replacement.
MT..................................... Eastern Montana Dakotas Recreation, Roads, Dams, 7,681,000
District, North Central and Building Repair
District, Western Project.
Montana District.
NM..................................... Farmington District...... Wild Rivers Back Country 4,851,000
Byway Repairs (Phase II).
NV..................................... Elko District............ Elko District Office 12,830,000
Building Replacement and
Repairs.
OR..................................... Northwest Oregon District Yaquina Head Outstanding 9,582,000
Natural Area Site
Maintenance.
OR..................................... Vale District............ Vale District Building 4,557,000
Renovation.
UT..................................... West Desert District..... Little Sahara Recreation 6,057,000
Area Maintenance (Phases
II and III).
VA..................................... Northeastern States Meadowood Repairs........ 400,000
District.
WY..................................... High Desert District, Wyoming Safety of Dams 5,263,000
Wind River/Bighorn Basin Repairs and Maintenance
District, and High (Phase II).
Planes District.
Program Administration ......................... 2,850,000
(Indirect Costs).
Contingency Fund......... ......................... 10,662,093
Sequestration, 2023...... ......................... (5,415,000)
Previously Sequestered
Budget Authority, 2022.
......................... 5,415,000................
TOTAL, BUREAU OF LAND ......................... 95,191,093
MANAGEMENT PROJECTS.
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE
----------------------------------------------------------------------------------------------------------------
AL..................................... Bon Secour National Replace Headquarters 1,918,904
Wildlife Refuge. Office and Maintenance
Building.
AL..................................... Wheeler National Wildlife Replace Compound 1,769,260
Refuge. Maintenance Shop.
AZ..................................... Buenos Aires National Consolidate and Modernize 14,760,000
Wildlife Refuge. Public Use Facilities
and Improve Recreational
Access (Phase I).
CA..................................... San Luis National Modernize Infrastructure 2,250,000
Wildlife Refuge Complex. to Improve Waterfowl
Hunting Areas and
Improve Recreational
Access (Phase II).
CA..................................... San Luis National Repair Water Management 5,400,000
Wildlife Refuge Complex. and Public Outdoor
Recreation
Infrastructure (Phase
III).
GA..................................... Okefenokee National Replace Administrative 1,800,000
Wildlife Refuge. and Visitor Center.
IA..................................... Upper Mississippi Replacement, Repair, and 10,620,000
National Wildlife and Consolidation of
Fish Refuge. McGregor District
Headquarters and
Facilities.
LA..................................... Red River National Replacement of the 900,000
Wildlife Refuge. Primary Boardwalk and
Trail Bridge.
LA..................................... Southeast Louisiana Replacement of the Public 1,556,000
Refuges. Use Facilities and
Critical Infrastructure.
MQ..................................... Midway Atoll National Replace Waste Treatment 7,380,000
Wildlife Refuge. Plant.
OK..................................... Wichita Mountains Consolidate and Modernize 3,635,000
Wildlife Refuge. Public Use Facilities
and Improve Recreational
Access (Phase II).
PR..................................... Cabo Rojo National Replace Cabo Rojo 3,763,000
Wildlife Refuge. Headquarters/Visitor
Center Building.
UT..................................... Bear River Migratory Bird Rehabilitation of Water 15,472,240
Refuge. Management
Infrastructure.
VT..................................... Missisquoi National Rehabilitation of the 81,000
Wildlife Refuge. Multipurpose
Administration and
Visitor Facility.
VT..................................... Silvio O. Conte National Rehabilitation of 900,000
Fish and Wildlife Infrastructure and
Refuge--Nulhegan Basin Public Use Facilities.
Division.
WV..................................... Canaan Valley National Rehabilitation of the 150,000
Wildlife Refuge. Schaeffer Building.
WV..................................... Ohio River Islands Rehabilitation of the 100,000
National Wildlife Refuge. Multipurpose
Headquarters Building.
Mult................................... National Wildlife Refuges Salary Funding for 4,253,596
National Maintenance
Action Team Strike
Forces (Year 3).
Mult................................... National Wildlife Refuges Salary Funding for 2,000,000
Supplemental
Conservation Workforce
(Year 2).
Program Administration ......................... 2,850,000
(Indirect Costs).
Contingency Fund......... ......................... 13,632,093
Sequestration, 2023...... ......................... (5,415,000)
Previously Sequestered ......................... 5,415,000
Budget Authority, 2022.
TOTAL, U.S. FISH AND ......................... 95,191,093
WILDLIFE SERVICE
PROJECTS.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
AL..................................... Freedom Riders National Rehabilitate Civil Rights- 7,451,000
Monument, Birmingham Related Structures,
Civil Rights National Including the Greyhound
Monument. Bus Depot, Mural
Building, and Interior
of A.G. Gaston Motel.
AR..................................... Hot Springs National Park Rehabilitate Historic 16,729,000
Bathhouses.
AZ..................................... Petrified Forest National Rehabilitate Painted 33,327,000
Park. Desert Community Complex.
AZ, UT................................. Glen Canyon National Rehabilitate Critical 72,489,000
Recreation Area. Utility Systems.
CA..................................... Golden Gate National Stabilize and 63,584,000
Recreation Area. Rehabilitate Alcatraz
Island Historic
Structures.
CA..................................... San Francisco Maritime Rehabilitate Hyde Street 102,282,000
National Historical Park. Pier and the National
Historic Landmark Eureka
Ferryboat.
DC..................................... National Mall and Rehabilitate Seawalls and 124,292,000
Memorial Parks. Shoreline Landscape
(Phase I).
FL..................................... Everglades National Park. Rehabilitate Parkwide 36,916,000
Water and Wastewater
Systems.
GA..................................... Chickamauga and Repair, Rehabilitation, 5,666,000
Chattanooga National and Reconstruction of
Military Park. Roads and Parking.
HI..................................... Haleakala National Park, Rehabilitate Perimeter 30,539,000
Hawaii Volcanoes Fences to Protect Park
National Park, Kalaupapa Resources.
National Historical Park.
ID..................................... Craters of the Moon Rehabilitate Operational 9,932,000
National Monument and Buildings at Idaho Parks.
Preserve, Hagerman
Fossil Beds National
Monument, Minidoka
National Historic Site.
IN..................................... Indiana Dunes National Rehabilitate Historic 14,812,000
Park. Structures.
MA..................................... Boston National Rehabilitate Building 107 36,628,000
Historical Park. and Demolish Hoosac
Stores Warehouse
Building (Phase I).
MD..................................... Clara Barton National Rehabilitate the Clara 14,982,000
Historic Site. Barton National Historic
Site.
MI..................................... Pictured Rocks National Complete Pavement 6,625,000
Lakeshore, Sleeping Bear Rehabilitation on High-
Dunes National Lakeshore. Priority NPS Roads in
Michigan.
MO..................................... George Washington Carver Complete Pavement 15,156,000
National Monument, Ozark Rehabilitation on High-
National Scenic Priority NPS Roads in
Riverways, Wilson's Missouri.
Creek National
Battlefield.
MO..................................... Ozark National Scenic Project Planning and 400,000
Riverways, Alley Springs Compliance.
Campground.
MS..................................... Natchez Trace Parkway.... Rehabilitate Sections of 46,212,000
the Natchez Trace
Parkway (Phase II).
NJ..................................... Delaware Water Gap Rehabilitate and Repair 16,869,000
National Recreation Area. Critical Sections of Old
Mine Road.
NV..................................... Great Basin National Park Rehabilitate Deteriorated 4,504,000
Wastewater Collection
and Water Distribution
Systems.
NY..................................... Gateway National Rehabilitate Deteriorated 34,150,000
Recreation Area. and Failing Mission-
Critical Utility System
Infrastructure (Phase I).
PA..................................... Independence National Rehabilitate the Interior 30,163,000
Historical Park. and Exterior of First
Bank.
WV..................................... New River Gorge National Remove Excess Structures 1,237,000
Park and Preserve. and Abandoned Buildings
Parkwide and Address
Utility Needs (Phase I).
WY..................................... Yellowstone National Park Rehabilitate Old Faithful 33,630,000
Wastewater Collection
and Treatment System.
Mult................................... Preservation Maintenance ......................... 20,000,000
Action Teams at Multiple
Parks.
2024+ Project Planning ......................... 224,600,000
and Compliance.
Program Administration ......................... 39,900,000
(Indirect Costs).
Project Management....... ......................... 46,816,000
Contingency Fund......... ......................... 242,783,268
Sequestration, 2023...... ......................... (75,810,000)
Previously Sequestered ......................... 75,810,000
Budget Authority, 2022.
TOTAL, NATIONAL PARK ......................... 1,332,674,268
SERVICE PROJECTS.
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION
----------------------------------------------------------------------------------------------------------------
AZ..................................... Shonto Preparatory School Shonto Preparatory School 11,636,000
Employee Housing New
(Replacement) or
Improvement Repair.
AZ..................................... Shonto Preparatory School Shonto Preparatory School 60,482,000
Replacement.
SD..................................... Wounded Knee District Wounded Knee District 10,500,000
School. Employee Housing New
(Replacement) or
Improvement Repair.
Program Administration ......................... 2,850,000
(Indirect Costs).
Contingency Fund......... ......................... 9,723,093
Sequestration, 2023...... ......................... (5,415,000)
Previously Sequestered ......................... 5,415,000
Budget Authority, 2022.
TOTAL, BUREAU OF INDIAN ......................... 95,191,093
EDUCATION PROJECTS.
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE
----------------------------------------------------------------------------------------------------------------
Mult................................... Research and Development Research and Development 12,686,500
Stations. Deferred Maintenance.
MT..................................... Beaverhead-Deerlodge Beaverhead-Deerlodge 2,291,000
National Forest. National Forest Deferred
Maintenance.
ID, MT................................. Bitterroot National Bitterroot National 1,105,000
Forest. Forest Deferred
Maintenance.
MT..................................... Custer Gallatin National Custer Gallation National 4,380,300
Forest. Forest Deferred
Maintenance.
ND, SD................................. Dakota Prairie Grasslands Dakota Prairie Grasslands 374,000
Deferred Maintenance.
MT..................................... Flathead National Forest. Flathead National Forest 2,208,800
Deferred Maintenance.
MT..................................... Helena-Lewis and Clark Helena-Lewis and Clark 5,020,000
National Forest. National Forest Deferred
Maintenance.
ID..................................... Idaho Panhandle National Idaho Panhandle National 6,369,000
Forests. Forests Deferred
Maintenance.
MT..................................... Kootenai National Forest. Kootenai National Forest 584,000
Deferred Maintenance.
MT..................................... Lolo National Forest..... Lolo National Forest 2,255,000
Deferred Maintenance.
ID..................................... Nez Perce-Clearwater Nez Perce-Clearwater 4,215,100
National Forests. National Forests
Deferred Maintenance.
CO..................................... Arapaho and Roosevelt Arapaho and Roosevelt 4,099,300
National Forests and National Forests and
Pawnee National Pawnee National
Grassland. Grassland Deferred
Maintenance.
WY..................................... Bighorn National Forest.. Bighorn National Forest 3,612,100
Deferred Maintenance.
SD..................................... Black Hills National Black Hills National 2,505,400
Forest. Forest Deferred
Maintenance.
CO..................................... Grand Mesa, Uncompahgre, Grand Mesa, Uncompahgre, 3,895,800
and Gunnison National and Gunnison National
Forests. Forest Deferred
Maintenance.
CO..................................... Medicine Bow-Routt Medicine Bow-Routt 922,500
National Forest. National Forest Deferred
Maintenance.
CO..................................... Pike-San Isabel National Pike-San Isabel National 1,017,000
Forests and Cimarron and Forests and Cimarron and
Comanche National Comanche National
Grasslands. Grasslands Deferred
Maintenance.
CO..................................... Rio Grande National Rio Grande National 413,000
Forest. Forest Deferred
Maintenance.
WY..................................... Shoshone National Forest. Shoshone First Forest and 729,000
Facility Maintenance.
CO..................................... White River National White River National 7,088,000
Forest. Forest Deferred
Maintenance.
AZ..................................... Apache-Sitgreaves Forest-Wide Developed 650,000
National Forests. Recreation Site
Renovation.
NM..................................... Carson National Forest... Carson National Forest 2,798,600
Deferred Maintenance.
NM..................................... Cibola National Forest... Sandia Crest Recreation 1,601,500
Complex Design and
Construction.
AZ..................................... Coconino National Forest. Coconino National Forest 870,000
Deferred Maintenance.
AZ..................................... Coronado National Forest. Coronado National Forest 2,473,000
Deferred Maintenance.
NM..................................... Gila National Forest..... Gila National Forest 5,640,000
Deferred Maintenance.
AZ..................................... Kaibab National Forest... Road 307 and Road 310 578,000
Improvements and Parking
Lot Reconstruction.
NM..................................... Lincoln National Forest.. Cedar Creek Trail Access 175,000
Capital Improvement.
AZ..................................... Prescott National Forest. Trails Deferred 225,000
Maintenance.
NM..................................... Santa Fe National Forest. Santa Fe National Forest 8,193,000
Deferred Maintenance.
AZ..................................... Southwestern Region...... Arizona National Scenic 360,000
Trail (AZT) Deferred
Maintenance.
AZ..................................... Tonto National Forest.... Retrofitting Four 418,500
Composting toilets to
Vault toilets.
UT, WY................................. Ashley National Forest... Ashley National Forest 1,743,000
Deferred Maintenance.
ID..................................... Boise National Forest.... Boise National Forest 909,000
Deferred Maintenance.
WY..................................... Bridger-Teton National Bridger-Teton National 788,000
Forest. Forest Deferred
Maintenance.
ID, WY................................. Caribou-Targhee National Caribou-Targhee National 2,082,000
Forest. Forest Deferred
Maintenance.
UT..................................... Dixie National Forest.... Duck Creek Campground 1,728,500
Deferred Maintenance
Reduction.
UT..................................... Fishlake National Forest. Fishlake National Forest 4,171,200
Deferred Maintenance.
CA, NV................................. Humboldt-Toiyabe National Humboldt-Toiyabe National 981,500
Forest. Forest Deferred
Maintenance.
UT..................................... Manti-La Sal National Manti-La Sal National 1,123,500
Forest. Forest Deferred
Maintenance.
ID..................................... Payette National Forest.. Payette National Forest 1,574,000
Deferred Maintenance.
ID..................................... Salmon-Challis National Salmon-Challis National 1,169,300
Forest. Forest Deferred
Maintenance.
ID..................................... Sawtooth National Forest. Sawtooth National Forest 1,273,800
Deferred Maintenance.
UT..................................... Uinta-Wasatch-Cache Uinta-Wasatch-Cache 5,010,300
National Forest. National Forest Deferred
Maintenance.
CA..................................... Angeles National Forest.. Angeles National Forest 1,750,000
Deferred Maintenance.
CA..................................... Eldorado National Forest. Eldorado National Forest 3,570,000
Deferred Maintenance.
CA..................................... Inyo National Forest..... Inyo National Forest 13,840,300
Deferred Maintenance.
CA..................................... Lake Tahoe Basin Bayview Parking Lot 400,000
Management Unit. Upgrades.
CA..................................... Lassen National Forest... Recreation Deferred 555,600
Maintenance.
CA..................................... Mendocino National Forest Critical Forest-Wide Roof 122,000
Replacement.
CA..................................... Modoc National Forest.... Blue Lake Recreation 2,550,000
Improvements.
CA..................................... Plumas National Forest... Plumas National Forest 531,000
Fire Detection and
Recreation Lookouts
Deferred Maintenance
Upgrades.
CA..................................... San Bernardino National San Bernardino National 270,000
Forest. Forest Deferred
Maintenance.
CA..................................... Sierra National Forest... Sierra National Forest 8,619,300
Deferred Maintenance.
CA..................................... Tahoe National Forest.... Tahoe Public Service 1,400,000
Center and Hotshot
Facilities Modernization.
WA..................................... Columbia River Gorge Columbia River Gorge 1,066,700
National Scenic Area. National Scenic Area
Deferred Maintenance.
WA..................................... Colville National Forest. Colville National Forest 1,705,000
Deferred Maintenance.
OR..................................... Deschutes National Forest Forest-Wide Trail Bridge 130,000
Reconstruction.
OR..................................... Fremont-Winema National Oregon Timber Trail 150,000
Forest. Access Improvements
Recreation.
WA..................................... Gifford Pinchot National Gifford Pinchot National 2,775,000
Forest. Forest Deferred
Maintenance.
WA..................................... Mt. Baker-Snoqualmie Mt. Baker-Snoqualmie 3,835,000
National Forest. National Forest Deferred
Maintenance.
OR..................................... Mt. Hood National Forest. Timberline Lodge Boiler 7,000,000
System Replacement.
OR..................................... Ochoco National Forest... Ochoco National Forest 3,425,500
Deferred Maintenance.
WA..................................... Okanogan-Wenatchee Okanogan-Wenatchee 1,810,000
National Forest. National Forest Deferred
Maintenance.
OR, WA................................. Pacific Northwest Region. Pacific Northwest Region- 1,300,000
Wide Deferred
Maintenance.
OR..................................... Rogue River-Siskiyou Quosatana Campground 175,000
National Forest. Septic Replacements.
OR..................................... Siuslaw National Forest.. Vssitor Center and Roof 400,000
Replacements.
OR..................................... Umatilla National Forest. Blue Mountain Scenic 500,000
Byway Chip Seal.
OR..................................... Umpqua National Forest... Umpqua National Forest 2,310,000
Deferred Maintenance.
OR..................................... Wallowa-Whitman National Wallowa-Whitman National 1,800,000
Forest. Forest Deferred
Maintenance.
OR..................................... Willamette National Willamette National 1,670,000
Forest. Forest Deferred
Maintenance.
TN..................................... Cherokee National Forest. Cherokee National Forest 9,595,700
Deferred Maintenance.
SC..................................... Francis Marion-Sumter Palmetto Trail Enoree 70,000
National Forests. Passage Rehabilitation.
VA..................................... George Washington and George Washington- 3,936,700
Jefferson National Jefferson National
Forests. Forests Deferred
Maintenance.
AL..................................... National Forests in National Forests in 2,065,700
Alabama. Alabama Deferred
Maintenance.
FL..................................... National Forests in National Forests in 2,070,000
Florida. Florida Deferred
Maintenance.
MS..................................... National Forests in Turkey Fork Recreation 450,000
Mississippi. Area Boat Launch
Resurfacing.
NC..................................... National Forests in North National Forests in North 3,781,300
Carolina. Carolina Deferred
Maintenance.
AR..................................... Ouachita National Forest. Shady Lake Recreation 1,300,000
Site Day Use Renovation.
AR..................................... Ozark-St. Francis Ozark-St Francis National 7,181,900
National Forests. Forest Deferred
Maintenance.
PA..................................... Allegheny National Forest Allegheny National Forest 6,849,300
Deferred Maintenance.
WI..................................... Chequamegon-Nicolet Chequamegon-Nicolet 1,603,000
National Forest. National Forest Deferred
Maintenance.
MN..................................... Chippewa National Forest. Chippewa National Forest 638,700
Deferred Maintenance.
NY, VT................................. Green Mountain and Finger Green Mountain and Finger 661,200
Lakes National Forests. Lakes National Forest
Deferred Maintenance.
MI..................................... Hiawatha National Forest. Hiawatha National Forest 990,900
Deferred Maintenance.
IN..................................... Hoosier National Forest.. Hoosier National Forest 866,000
Deferred Maintenance.
MI..................................... Huron-Manistee National Huron-Manistee National 2,075,000
Forests. Forest Deferred
Maintenance.
MO..................................... Mark Twain National Mark Twain National 1,650,200
Forest. Forest Deferred
Maintenance.
WV..................................... Monongahela National Monongahela National 1,092,000
Forest. Forest Deferred
Maintenance.
MI..................................... Ottawa National Forest... Ottawa National Forest 1,115,000
Deferred Maintenance.
IL..................................... Shawnee National Forest.. Shawnee National Forest 2,500,000
Deferred Maintenance.
MN..................................... Superior National Forest. Superior National Forest 2,420,000
Deferred Maintenance.
OH..................................... Wayne National Forest.... Wayne National Forest 855,300
Deferred Maintenance.
NH..................................... White Mountain National White Mountain National 967,900
Forest. Forest Deferred
Maintenance.
AK..................................... Chugach National Forest.. Chugach National Forest 2,085,000
Deferred Maintenance.
AK..................................... Tongass National Forest.. Tongass National Forest 14,398,000
Deferred Maintenance.
Administrative Funds..... ......................... 21,568,300
Contingency Fund......... ......................... 16,788,142
Sequestration, 2023...... ......................... (16,245,000)
Previously Sequestered ......................... 16,247,749
Budget Authority, 2022.
TOTAL, U.S. FOREST ......................... 285,545,891
SERVICE PROJECTS.
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2022 REVISIONS
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE
----------------------------------------------------------------------------------------------------------------
DE..................................... Coastal Delaware NWR Eliminate DM Backlog at 5,480,000
Complex. Prime Hook NWR and
Bombay Hook NWR.
Mult................................... MAT Strikeforce.......... National Maintenance 2,000,000
Action Team, Year 2.
NY..................................... Montezuma NWR............ Consolidate and Modernize 7,071,000
Public Use Facilities
and Improve Recreational
Access.
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
CA..................................... Yosemite National Park... Ahwahnee Hotel and 34,213,059
Correct Critical Safety
Hazards (Rescoped).
NC..................................... Blue Ridge Parkway....... Rehabilitate Sections of 26,789,000
Blue Ridge Parkway in
North Carolina
(Rescoped).
VA..................................... Blue Ridge Parkway....... Rehabilitate Sections of 32,834,000
Blue Ridge Parkway in
Virginia (Rescoped).
WY..................................... Yellowstone National Park Rehabilitate/Replace 52,588,000
Canyon & Grant Village
Wastewater Collection
and Treatment Systems
(Rescoped).
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE
----------------------------------------------------------------------------------------------------------------
CA..................................... Mendocino National Forest Mendocino National Forest 250,000
Deferred Maintenance.
CA..................................... Plumas National Forest... Plumas National Forest 436,000
Deferred Maintenance.
CA..................................... Cleveland National Forest Cleveland National Forest 1,420,000
Deferred Maintenance.
MO..................................... Mark Twain National Mark Twain National 1,694,000
Forest. Forest Deferred
Maintenance.
MO..................................... Ottawa National Forest... South Branch Paint River 1,030,000
Bridge Replacement for
Timber Access and
Recreation.
WV..................................... Monongahela National Monongahela National 7,364,370
Forest. Forest Deferred
Maintenance.
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
CO..................................... Grand Junction Air Center Grand Junction Air Center 172,967
Repair Containment Pond.
MT..................................... Western Montana District. Moose Creek Road 450,000
Resurfacing.
NM..................................... Las Cruces District...... Caballo-Cooke's Road 103,430
Repairs.
NM..................................... Las Cruces District...... Permian Trackways Road 199,999
Repairs.
WY..................................... High Plains District..... Mills Ware Yard Paving... 299,983
Contingency Fund......... ......................... 349,821
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
AZ..................................... Grand Canyon National Rehabilitate and Preserve 0
Park. Historic Powerhouse
Building for Future Use.
NC..................................... Blue Ridge Parkway....... Blue Ridge Parkway 123,500,000
Reconstruction (NC)
(Rescoped).
WA..................................... Mount Rainier National Rehabilitate Ohanapecosh 2,886,000
Park. Campground and Replace
Sewer Collection System
(Rescoped).
Contingency Fund......... ......................... 20,223,010
----------------------------------------------------------------------------------------------------------------
BUREAU OF INDIAN EDUCATION
----------------------------------------------------------------------------------------------------------------
AZ, NM................................. Navajo Region............ Navajo--Education 7,112,000
Demolition Project C
(Rescoped).
ND, SD................................. Great Plains Region...... Great Plains--Education 524,272
Demolition Project.
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE
----------------------------------------------------------------------------------------------------------------
SD..................................... Dakota Prairie Grasslands Forest Road 5733 0
Reconditioning and
Drainage Repairs.
ND..................................... Dakota Prairie Grasslands Civilian Conservation 375,000
Corps Campground Updates
near Maah-Daah-Hey
Trail, Theodore National
Park and Bakken Oil
Formation.
CO..................................... Pike-San Isabel National Devil's Head Toilet 0
Forests and Cimarron and Replacement.
Comanche National
Grasslands.
CO..................................... Pike-San Isabel National Vault Toilet Replacement. 329,000
Forests and Cimarron and
Comanche National
Grasslands.
NV..................................... Humboldt-Toiyabe National Lamoille Canyon Road 0
Forest. Pavement Preservation.
NV..................................... Humboldt-Toiyabe National Mt Rose and Tahoe Meadows 828,500
Forest. Restroom Reconstruction.
CA..................................... Mendocino National Forest Hammerhorn Accessibility 0
Improvements.
CA..................................... Cleveland National Forest Renovate Blue Jay 385,000
Campground.
WV..................................... Monongahela National Elleber North Fork Deer 0
Forest. Creek Bridge Replacement.
WV..................................... Monongahela National West Fork Greenbrier 0
Forest. Bridge Replacement for
Laurel Fork Wilderness
Access.
WI..................................... Chequamegon-Nicolet South Branch Oconto River 520,042
National Forest. Accessible Fishing Pier
Replacement.
MI..................................... Ottawa National Forest... South Branch Paint River 520,042
Bridge Replacement for
Timber Access and
Recreation.
PA..................................... Grey Towers National Replace Temporary 0
Historic Site. Structure at Grey Towers
National Historic Site.
PA..................................... Grey Towers National Grey Towers Deferred 75,000
Historic Site. Maintenance.
PR..................................... El Yunque National Forest El Portal Bridge 0
Replacement and Visitor
Improvements.
VA..................................... George Washington and Lower Sherando Dam 0
Jefferson National Spillway Upgrade.
Forests.
AR..................................... Ozark-St Francis National Cove Lake Dam Spillway 315,000
Forests. Rehabilitation.
AR..................................... Ozark-St Francis National Bear Creek Lake Spillway 1,200,000
Forests. Rehabilitation.
Mission Support funds.... ......................... 22,742,907
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023
----------------------------------------------------------------------------------------------------------------
State(s) Agency--Account--Activity--Project Funding Amount
----------------------------------------------------------------------------------------------------------------
---------------------------------------------OFFICE OF THE SECRETARY--------------------------------------------
----------------------------------------------------------------------------------------------------------------
......................................... Departmental Operations.........................
......................................... Appraisal and Valuation Services--Federal Lands. 19,000,000
......................................... TOTAL, OFFICE OF THE SECRETARY.................. 19,000,000
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
......................................... Land Acquisition................................
......................................... Acquisition Management.......................... 8,137,000
......................................... Recreational Access............................. 20,500,000
......................................... Inholdings, Emergencies & Hardships............. 13,500,000
Mult....................................... California National Historical Trail (CA/NV).... 2,000,000
MT......................................... Big Hole River Access........................... 5,300,000
ID......................................... Upper Snake/South Fork River Special Recreation 6,250,000
Management Area and Tex Creek Wildlife
Management Area.
OR......................................... Pipe Fork-Port Orford Cedar Research Natural 500,000
Area.
MT......................................... Blackfoot River Watershed....................... 1,000,000
WY......................................... Mule Creek Ranch................................ 1,700,000
NM......................................... Rio Grande del Norte National Monument.......... 9,990,000
OR......................................... Cascade-Siskiyou National Monument.............. 1,200,000
......................................... Subtotal, Land Acquisition Projects............. 27,940,000
----------------------------------------------------------------------------------------------------------------
......................................... TOTAL, BUREAU OF LAND MANAGEMENT................ 70,077,000
----------------------------------------------------------------------------------------------------------------
U.S. FISH AND WILDLIFE SERVICE
----------------------------------------------------------------------------------------------------------------
......................................... Land Acquisition................................
......................................... Highlands Conservation Act (Public Law 108-421). 10,000,000
......................................... Land Acquisition Management..................... 18,028,000
......................................... Sportsmen and Recreational Access............... 15,500,000
......................................... Inholding/Emergencies and Hardships............. 10,000,000
......................................... Exchanges....................................... 1,591,000
......................................... Land Protection Planning........................ 493,000
ME......................................... Rachel Carson National Wildlife Refuge.......... 2,000,000
TX......................................... Lower Rio Grande National Wildlife Refuge....... 3,000,000
Mult....................................... Great Thicket National Wildlife Refuge (CT/MA/ME/ 1,500,000
NH/NY/RI).
AR......................................... Cache River National Wildlife Refuge............ 1,000,000
Mult....................................... Dakota Grassland Conservation Area (ND/SD)...... 3,000,000
Mult....................................... Silvio O. Conte National Fish and Wildlife 3,000,000
Refuge (CT/MA/NH/VT).
Mult....................................... Northern Tallgrass Prairie National Wildlife 500,000
Refuge (IA/MN).
TX......................................... Laguna Atascosa National Wildlife Refuge........ 4,000,000
CA......................................... Sacramento River National Wildlife Refuge....... 1,000,000
FL......................................... Everglades Headwaters National Wildlife Refuge/ 4,000,000
Conservation Area.
PA......................................... Cherry Valley National Wildlife Refuge.......... 3,000,000
Mult....................................... Dakota Tallgrass Prairie Wildlife Management 1,000,000
Area (ND/SD).
Mult....................................... Hackmatack National Wildlife Refuge (IL/WI)..... 1,100,000
CA......................................... Grasslands Wildlife Management Area............. 1,000,000
AK......................................... Alaska Refuges.................................. 2,800,000
AR......................................... Felsenthal National Wildlife Refuge............. 3,000,000
FL......................................... St. Marks National Wildlife Refuge.............. 2,000,000
WA......................................... Willapa National Wildlife Refuge................ 3,500,000
MT......................................... Montana Conservation Areas...................... 12,000,000
IN......................................... Patoka River National Wildlife Refuge........... 2,500,000
CA......................................... San Joaquin River National Wildlife Refuge...... 2,000,000
CA......................................... Tulare Basin Wildlife Management Area........... 1,000,000
MO......................................... Big Muddy National Fish and Wildlife Refuge..... 429,000
......................................... Subtotal, Land Acquisition Projects............. 58,329,000
......................................... Total, Land Acquisition......................... 113,941,000
......................................... Cooperative Endangered Species Conservation Fund
......................................... Species Recovery Land Acquisition............... 11,162,000
......................................... Habitat Conservation Plan Acquisition........... 21,638,000
......................................... Total, Cooperative Endangered Species 32,800,000
Conservation Fund.
----------------------------------------------------------------------------------------------------------------
......................................... TOTAL, U.S. FISH AND WILDLIFE SERVICE........... 146,741,000
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
......................................... Land Acquisition and State Assistance...........
......................................... State Conservation Grants....................... 200,000,000
......................................... LWCF Outdoor Recreation Legacy Grants........... 125,000,000
......................................... State Conservation Grants Administration........ 11,028,000
......................................... Subtotal, State Assistance...................... 336,028,000
......................................... American Battlefield Protection Program (Public 20,000,000
Law 113-287).
......................................... Acquisition Management.......................... 14,500,000
......................................... Recreational Access............................. 14,500,000
......................................... Emergencies, Hardships, Relocations, and 3,421,000
Deficiencies.
Inholding, Donations, and Exchanges............. 7,000,000
HI......................................... Haleakala National Park......................... 12,900,000
FL......................................... Timucuan Ecological and Historic Preserve....... 4,950,000
CA......................................... Santa Monica Mountains National Recreation Area. 12,600,000
GA......................................... Cumberland Island National Seashore............. 2,850,000
AR......................................... Buffalo National River.......................... 1,635,000
FL......................................... Big Cypress National Preserve................... 1,500,000
TN......................................... Big South Fork National River and Recreation 5,600,000
Area.
Mult....................................... Battlefield Parks............................... 2,500,000
NY......................................... Home of Franklin D. Roosevelt National Historic 840,000
Site.
MT......................................... Bighorn Canyon National Recreation Area......... 770,000
GA......................................... Ocmulgee Mounds National Historical Park........ 1,150,000
SC......................................... Congaree National Park.......................... 200,000
NM......................................... Petroglyph National Monument.................... 2,630,000
MI......................................... Sleeping Bear Dunes National Lakeshore.......... 2,170,000
AZ......................................... Saguaro National Park........................... 4,125,000
AZ......................................... Petrified Forest National Park.................. 1,235,000
GA......................................... Cumberland Island National Seashore............. 8,700,000
......................................... Subtotal, Land Acquisition Projects............. 66,355,000
----------------------------------------------------------------------------------------------------------------
......................................... TOTAL, NATIONAL PARK SERVICE.................... 461,804,000
----------------------------------------------------------------------------------------------------------------
U.S. FOREST SERVICE
----------------------------------------------------------------------------------------------------------------
......................................... Land Acquisition................................
......................................... Acquisition Management.......................... 14,000,000
......................................... Recreational Access............................. 17,000,000
......................................... Critical Inholdings/Wilderness.................. 5,500,000
......................................... Cash Equalization............................... 250,000
AK......................................... Chugach National Forest......................... 4,000,000
WA......................................... Okanogan-Wenatchee National Forest.............. 6,500,000
NC......................................... National Forests in North Carolina.............. 3,600,000
MT......................................... Lolo National Forest............................ 9,000,000
GA......................................... Chattahoochee-Oconee National Forests........... 8,050,000
OR......................................... Umatilla National Forest........................ 10,000,000
CO......................................... Rio Grande National Forest...................... 8,000,000
MT......................................... Beaverhead-Deerlodge National Forest............ 3,000,000
AZ......................................... Prescott National Forest........................ 9,500,000
SC......................................... Francis Marion and Sumter National Forests...... 5,000,000
CA......................................... Tahoe National Forest........................... 9,750,000
MT......................................... Custer Gallatin National Forest................. 2,000,000
PR......................................... El Yunque National Forest....................... 2,388,000
CO......................................... Pike and San Isabel National Forests............ 3,400,000
VT......................................... Green Mountain National Forest--Taconic Gateway/ 3,500,000
Big Spruce.
......................................... Subtotal, Land Acquisition Projects............. 87,688,000
......................................... Total, Land Acquisition......................... 124,438,000
......................................... Forest Legacy Program...........................
......................................... Administrative Funds............................ 8,000,000
MT......................................... Upper Thompson Connectivity Project............. 6,000,000
WI......................................... Pelican River-Forest Project.................... 11,000,000
ID......................................... International Selkirk Loop Conservation Project. 7,000,000
FL......................................... Wolfe Creek Forest Project...................... 9,155,000
ME......................................... South Bog Stream & Beaver Mountain Project...... 3,665,000
HI......................................... Kaneohe Pali Project............................ 1,800,000
CA......................................... Trinity Timberlands Project..................... 3,000,000
GA......................................... Suwannee River Headwaters Forest Project........ 1,860,000
VA......................................... Southern Shenandoah Borderlands Project......... 7,095,000
WA......................................... Kittitas Working Forest Project................. 5,700,000
MS......................................... Wolf River Forest Conservation Project.......... 7,000,000
AR......................................... Hot Springs Forest Project...................... 1,345,000
SC......................................... Southern Coastal Biodiversity Project........... 3,975,000
HI......................................... Maunawili Valley Project........................ 1,345,000
......................................... Subtotal, Forest Legacy Projects................ 69,940,000
......................................... Total, Forest Legacy Program.................... 77,940,000
......................................... TOTAL, U.S. FOREST SERVICE...................... 203,378,000
----------------------------------------------------------------------------------------------------------------
......................................... TOTAL, LAND AND WATER CONSERVATION FUND FISCAL 900,000,000
YEAR 2023.
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2022 REVISIONS
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
PA......................................... Upper Delaware Scenic and Recreation River...... 0
MA......................................... Lowell National Historical Park................. 200,000
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
BUREAU OF LAND MANAGEMENT
----------------------------------------------------------------------------------------------------------------
MT......................................... Big Snowy Mountain Access....................... 0
MT......................................... High Divide..................................... 12,100,000
----------------------------------------------------------------------------------------------------------------
NATIONAL PARK SERVICE
----------------------------------------------------------------------------------------------------------------
OH......................................... William Howard Taft National Historic Site...... 0
KS......................................... Fort Scott National Historic Site............... 0
CO......................................... Dinosaur National Monument...................... 488,667
OH......................................... Cuyahoga Valley National Park................... 5,081,333
MS......................................... Natchez National Historical Park................ 1,330,000
MA......................................... Lowell National Historical Park................. 200,000
Mult....................................... Inholdings and Recreational Access.............. 375,000
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023
SEQUESTRATION
(Amounts in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary-Departmental Operations, Appraisal
and Valuation Services--Federal Lands
New Budget Authority, 2023............................... 19,000
Previously Sequestered Budget Authority, 2022............ (1,083)
Sequestration, 2023...................................... 1,083
Net Budget Authority, 2023............................... 19,000
Bureau of Land Management-Land Acquisition
New Budget Authority, 2023............................... 70,077
Previously Sequestered Budget Authority, 2022............ (3,843)
Sequestration, 2023...................................... 4,004
Net Budget Authority, 2023............................... 70,328
Fish and Wildlife Service-Land Acquisition
New Budget Authority, 2023............................... 113,941
Previously Sequestered Budget Authority, 2022............ (6,571)
Sequestration, 2023...................................... 6,490
Net Budget Authority, 2023............................... 113,860
Fish and Wildlife Service-Cooperative Endangered Species
Conservation Fund
New Budget Authority, 2023............................... 32,800
Previously Sequestered Budget Authority, 2022............ (1,870)
Sequestration, 2023...................................... 1,870
Net Budget Authority, 2023............................... 32,800
National Park Service-Land Acquisition and State Assistance
New Budget Authority, 2023............................... 461,804
Previously Sequestered Budget Authority, 2022............ (25,496)
Sequestration, 2023...................................... 26,373
Net Budget Authority, 2023............................... 462,681
U.S. Forest Service-Land Acquisition
New Budget Authority, 2023............................... 124,438
Previously Sequestered Budget Authority, 2022............ (7,372)
Sequestration, 2023...................................... 7,076
Net Budget Authority, 2023............................... 124,142
U.S. Forest Service-Forest Legacy
New Budget Authority, 2023............................... 77,940
Previously Sequestered Budget Authority, 2022............ (5,066)
Sequestration, 2023...................................... 4,405
Net Budget Authority, 2023............................... 77,279
------------------------------------------------------------------------
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.
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
[Community Project Funding/Congressionally Directed Spending]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $4,140,911,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,929,332,000 as follows:
(A) $885,649,000 for adult employment and
training activities, of which $173,649,000
shall be available for the period July 1, 2023
through June 30, 2024, and of which
$712,000,000 shall be available for the period
October 1, 2023 through June 30, 2024;
(B) $948,130,000 for youth activities, which
shall be available for the period April 1, 2023
through June 30, 2024; and
(C) $1,095,553,000 for dislocated worker
employment and training activities, of which
$235,553,000 shall be available for the period
July 1, 2023 through June 30, 2024, and of
which $860,000,000 shall be available for the
period October 1, 2023 through June 30, 2024:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of
section 127(b)(1)(B)(ii) of such Act: Provided further,
That notwithstanding the requirements of WIOA, outlying
areas may submit a single application for a
consolidated grant that awards funds that would
otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the
WIOA: Provided further, That such application shall be
submitted to the Secretary of Labor (referred to in
this title as ``Secretary''), at such time, in such
manner, and containing such information as the
Secretary may require: Provided further, That outlying
areas awarded a consolidated grant described in the
preceding provisos may use the funds for any of the
programs and activities authorized under such subtitle
B of title I of the WIOA subject to approval of the
application and such reporting requirements issued by
the Secretary; and
(2) for national programs, $1,211,579,000 as follows:
(A) $325,859,000 for the dislocated workers
assistance national reserve, of which
$125,859,000 shall be available for the period
July 1, 2023 through September 30, 2024, and of
which $200,000,000 shall be available for the
period October 1, 2023 through September 30,
2024: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for
statewide or local use in order to address
cases where there have been worker dislocations
across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan
with emerging economic development needs; and
train such eligible dislocated workers:
Provided further, That funds provided to carry
out sections 168(b) and 169(c) of the WIOA may
be used for technical assistance and
demonstration projects, respectively, that
provide assistance to new entrants in the
workforce and incumbent workers: Provided
further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this
subparagraph, the Secretary may reserve not
more than 10 percent of such funds to provide
technical assistance and carry out additional
activities related to the transition to the
WIOA: Provided further, That of the funds
provided under this subparagraph, $115,000,000
shall be for training and employment assistance
under sections 168(b), 169(c) (notwithstanding
the 10 percent limitation in such section) and
170 of the WIOA as follows:
(i) $50,000,000 shall be for workers
in the Appalachian region, as defined
by 40 U.S.C. 14102(a)(1), workers in
the Lower Mississippi, as defined in
section 4(2) of the Delta Development
Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2)), and workers
in the region served by the Northern
Border Regional Commission, as defined
by 40 U.S.C. 15733; and
(ii) $65,000,000 shall be for the
purpose of developing, offering, or
improving educational or career
training programs at community
colleges, defined as public
institutions of higher education, as
described in section 101(a) of the
Higher Education Act of 1965 and at
which the associate's degree is
primarily the highest degree awarded,
with other eligible institutions of
higher education, as defined in section
101(a) of the Higher Education Act of
1965, eligible to participate through
consortia, with community colleges as
the lead grantee: Provided, That the
Secretary shall follow the requirements
for the program in House Report 116-62:
Provided further, That any grant funds
used for apprenticeships shall be used
to support only apprenticeship programs
registered under the National
Apprenticeship Act and as referred to
in section 3(7)(B) of the WIOA;
(B) $60,000,000 for Native American programs
under section 166 of the WIOA, which shall be
available for the period July 1, 2023 through
June 30, 2024;
(C) $97,396,000 for migrant and seasonal
farmworker programs under section 167 of the
WIOA, including $90,134,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $6,591,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $671,000 for other discretionary
purposes, which shall be available for the
period April 1, 2023 through June 30, 2024:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services: Provided further, That
notwithstanding the definition of ``eligible
seasonal farmworker'' in section 167(i)(3)(A)
of the WIOA relating to an individual being
``low-income'', an individual is eligible for
migrant and seasonal farmworker programs under
section 167 of the WIOA under that definition
if, in addition to meeting the requirements of
clauses (i) and (ii) of section 167(i)(3)(A),
such individual is a member of a family with a
total family income equal to or less than 150
percent of the poverty line;
(D) $105,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which
shall be available for the period April 1, 2023
through June 30, 2024;
(E) $115,000,000 for ex-offender activities,
under the authority of section 169 of the WIOA,
which shall be available for the period April
1, 2023 through June 30, 2024: Provided, That
of this amount, $30,000,000 shall be for
competitive grants to national and regional
intermediaries for activities that prepare for
employment young adults with criminal legal
histories, young adults who have been justice
system-involved, or young adults who have
dropped out of school or other educational
programs, with a priority for projects serving
high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169
of the WIOA, which shall be available for the
period July 1, 2023 through June 30, 2024;
(G) $285,000,000 to expand opportunities
through apprenticeships only registered under
the National Apprenticeship Act and as referred
to in section 3(7)(B) of the WIOA, to be
available to the Secretary to carry out
activities through grants, cooperative
agreements, contracts and other arrangements,
with States and other appropriate entities,
including equity intermediaries and business
and labor industry partner intermediaries,
which shall be available for the period July 1,
2023 through June 30, 2024; and
(H) $217,324,000 for carrying out
Demonstration and Pilot projects under section
169(c) of the WIOA, which shall be available
for the period April 1, 2023 through June 30,
2024, in addition to funds available for such
activities under subparagraph (A) for the
projects, and in the amounts, specified in the
table titled ``Community Project Funding/
Congressionally Directed Spending'' included
for this division in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That such funds may be used for projects that
are related to the employment and training
needs of dislocated workers, other adults, or
youth: Provided further, That the 10 percent
funding limitation under such section of the
WIOA shall not apply to such funds: Provided
further, That section 169(b)(6)(C) of the WIOA
shall not apply to such funds: Provided
further, That sections 102 and 107 of this Act
shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIOA,
$1,760,155,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which
shall be available for the period July 1, 2023 through
June 30, 2024;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be
available for the period July 1, 2023 through June 30,
2026, and which may include the acquisition,
maintenance, and repair of major items of equipment:
Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of
such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant
to the preceding proviso shall not be available for
obligation after June 30, 2023: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps,
which shall be available for obligation for the period
October 1, 2022 through September 30, 2023:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which shall
be available for the period April 1, 2023 through June 30,
2024, and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2023 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a) of the
Trade Act of 1974, as amended, $494,400,000 together with such
amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2023: Provided, That notwithstanding section 502
of this Act, any part of the appropriation provided under this
heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of
the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together
with not to exceed $3,925,084,000 which may be expended from
the Employment Security Administration Account in the
Unemployment Trust Fund (``the Trust Fund''), of which--
(1) $3,134,635,000 from the Trust Fund is for grants
to States for the administration of State unemployment
insurance laws as authorized under title III of the
Social Security Act (including not less than
$375,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act,
any claimants of regular compensation, as defined in
such section, including those who are profiled as most
likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such
amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided
to meet the terms of a concurrent resolution on the
budget in the Senate and section 1(j)(2) of H. Res.
1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, and $258,000,000 is
additional new budget authority specified for purposes
of a concurrent resolution on the budget in the Senate
and section 1(j) of such House resolution; and
$9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of
trade readjustment allowances, reemployment trade
adjustment assistance, and alternative trade adjustment
assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the
Trade Preferences Extension Act of 2015, and section
285(a) of the Trade Act of 1974, as amended, and shall
be available for obligation by the States through
December 31, 2023, except that funds used for
automation shall be available for Federal obligation
through December 31, 2023, and for State obligation
through September 30, 2025, or, if the automation is
being carried out through consortia of States, for
State obligation through September 30, 2029, and for
expenditure through September 30, 2030, and funds for
competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews and provide reemployment
services and referrals to training, as appropriate,
shall be available for Federal obligation through
December 31, 2023 (except that funds for outcome
payments pursuant to section 306(f)(2) of the Social
Security Act shall be available for Federal obligation
through March 31, 2024), and for obligation by the
States through September 30, 2025, and funds for the
Unemployment Insurance Integrity Center of Excellence
shall be available for obligation by the State through
September 30, 2024, and funds used for unemployment
insurance workloads experienced through September 30,
2023 shall be available for Federal obligation through
December 31, 2023;
(2) $23,000,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $658,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2023 through
June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986
(including assisting States in adopting or modernizing
information technology for use in the processing of
certification requests), and the provision of technical
assistance and staff training under the Wagner-Peyser
Act;
(5) $83,810,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $60,528,000
shall be available for the Federal administration of
such activities, and $23,282,000 shall be available for
grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2023 through June 30, 2024, of which up
to $9,800,000 may be used to carry out research and
demonstration projects related to testing effective
ways to promote greater labor force participation of
people with disabilities: Provided, That the Secretary
may transfer amounts made available for research and
demonstration projects under this paragraph to the
``Office of Disability Employment Policy'' account for
such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2023 is projected by
the Department of Labor to exceed 1,778,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to
States under title III of the Social Security Act to make
payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated
for grants to States under title III of the Social Security Act
to make payments on behalf of States to the entity operating
the State Information Data Exchange System: Provided further,
That funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or agreements
with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards'' at part 200 of title 2, Code of Federal
Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium or to the entity operating the Unemployment
Insurance Information Technology Support Center in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the
costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public
and private institutions of higher education, and nonprofit
organizations and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such
entities, which shall be credited to this appropriation and
shall remain available until September 30, 2024, for such
purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the revolving fund established by
section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal
Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation
through September 30, 2024.
program administration
For expenses of administering employment and training
programs, $118,900,000, together with not to exceed $54,015,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall
be made available through September 30, 2024, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2023, for the Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2023 shall be
available for obligations for administrative expenses in excess
of $493,314,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2023, an amount not
to exceed an additional $9,200,000 shall be available through
September 30, 2027, for obligations for administrative expenses
for every 20,000 additional terminated participants: Provided
further, That obligations in excess of the amounts provided for
administrative expenses in this paragraph may be incurred and
shall be available through September 30, 2027 for obligation
for unforeseen and extraordinary pre-termination or termination
expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget
and notification of the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That
an additional amount shall be available for obligation through
September 30, 2027 to the extent the Corporation's costs exceed
$250,000 for the provision of credit or identity monitoring to
affected individuals upon suffering a security incident or
privacy breach, not to exceed an additional $100 per affected
individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $120,500,000, together with $2,205,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year authorized
by 5 U.S.C. 81; continuation of benefits as provided for under
the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2012); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and
50 percent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $250,000,000, together with such amounts as
may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the
Employees' Compensation Fund established under 5 U.S.C.
8147(a): Provided, That amounts appropriated may be used under
5 U.S.C. 8104 by the Secretary to reimburse an employer, who is
not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2022, shall remain available until expended for
the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other
corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2023: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $81,752,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications
systems, $27,727,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $26,125,000;
(3) For periodic roll disability management and
medical review, $26,126,000;
(4) For program integrity, $1,744,000; and
(5) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$36,031,000, to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs
incurred in the current fiscal year, such amounts as may be
necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2024, $10,250,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $64,564,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ``Fund''), to remain available until expended,
for payment of all benefits authorized by section 9501(d)(1),
(2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2023 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $42,194,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$38,407,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $353,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed
$120,000,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year
of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2023,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $12,787,000 shall be
available for Susan Harwood training grants, of which not more
than $6,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, for program activities starting not later
than September 30, 2023 and lasting for a period of 12 months:
Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health education
and training activities: Provided further, That notwithstanding
31 U.S.C. 3302, the Mine Safety and Health Administration is
authorized to collect and retain up to $2,499,000 from fees
collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize
such sums for such activities: Provided further, That the
Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal,
State, or private: Provided further, That the Mine Safety and
Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$629,952,000, together with not to exceed $68,000,000 which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $43,000,000, of which not less than
$9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor
force participation of people with disabilities: Provided, That
the Secretary may transfer amounts made available under this
heading for research and demonstration projects to the ``State
Unemployment Insurance and Employment Service Operations''
account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including
the hire of three passenger motor vehicles, $391,889,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $81,725,000 for the
Bureau of International Labor Affairs shall be available for
obligation through December 31, 2023: Provided further, That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not
less than $30,175,000 shall be for programs to combat
exploitative child labor internationally and not less than
$30,175,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further, That
$8,281,000 shall be used for program evaluation and shall be
available for obligation through September 30, 2024: Provided
further, That funds available for program evaluation may be
used to administer grants for the purpose of evaluation:
Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than
$5,000,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund
to carry out the provisions of chapters 41, 42, and 43 of title
38, United States Code, of which--
(1) $185,000,000 is for Jobs for Veterans State
grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section
4103A of such title and local veterans' employment
representatives under section 4104(b) of such title,
and for the expenses described in section
4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2025,
and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to
allow for the tracking of participant and performance
information: Provided, That, in addition, such funds
may be used to support such specialists and
representatives in the provision of services to
transitioning members of the Armed Forces who have
participated in the Transition Assistance Program and
have been identified as in need of intensive services,
to members of the Armed Forces who are wounded, ill, or
injured and receiving treatment in military treatment
facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded,
ill, or injured members;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C.
1144;
(3) $47,048,000 is for Federal administration of
chapters 41, 42, and 43 of title 38, and sections 2021,
2021A and 2023 of title 38, United States Code:
Provided, That, up to $500,000 may be used to carry out
the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans'
Employment and Training Services Institute under 38
U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from
which such reallocation is made.
In addition, from the General Fund of the Treasury,
$65,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided, That
notwithstanding subsections (c)(3) and (d) of section 2023, the
Secretary may award grants through September 30, 2023, to
provide services under such section: Provided further, That
services provided under sections 2021 or under 2021A may
include, in addition to services to homeless veterans described
in section 2002(a)(1), services to veterans who were homeless
at some point within the 60 days prior to program entry or
veterans who are at risk of homelessness within the next 60
days, and that services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph
may be used for data systems and contract support to allow for
the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as
authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to any
other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $34,269,000, which shall be
available through September 30, 2024.
office of inspector general
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $91,187,000, together with not to exceed $5,841,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That not more
than $2,000,000 of the amount provided under this heading may
be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred
between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new
program or to fund any project or activity for which no funds
are provided in this Act: Provided further, That the Committees
on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any
transfer.
Sec. 103. In accordance with Executive Order 13126, none of
the funds appropriated or otherwise made available pursuant to
this Act shall be obligated or expended for the procurement of
goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child
labor in industries and host countries already identified by
the United States Department of Labor prior to enactment of
this Act.
Sec. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for
grants under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used
for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not
currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using
H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under
the heading ``Employment and Training Administration'' shall be
used by a recipient or subrecipient of such funds to pay the
salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II. This
limitation shall not apply to vendors providing goods and
services as defined in Office of Management and Budget Circular
A-133. Where States are recipients of such funds, States may
establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration by
this Act to ``Program Administration'' in order to carry out
program integrity activities relating to any of the programs or
activities that are funded under any such discretionary
appropriations: Provided, That notwithstanding section 102 and
the preceding proviso, the Secretary may transfer not more than
0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such
account to carry out program integrity activities related to
the Job Corps program: Provided further, That funds transferred
under this subsection shall be available to the Secretary to
carry out program integrity activities directly or through
grants, cooperative agreements, contracts and other
arrangements with States and other appropriate entities:
Provided further, That funds transferred under the authority
provided by this subsection shall be available for obligation
through September 30, 2024.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2024: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of
Labor Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made
available to the ``Bureau of International Labor Affairs'' and
``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to
any employee--
``(A) employed to adjust or evaluate claims resulting
from or relating to such major disaster, by an employer
not engaged, directly or through an affiliate, in
underwriting, selling, or marketing property, casualty,
or liability insurance policies or contracts;
``(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week
or any minimum weekly amount established by the
Secretary, whichever is greater, for the number of
weeks such employee is engaged in any of the activities
described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals,
individuals who suffered injuries or other
damages or losses arising from or relating to a
disaster, witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to prepare damage
estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims
or determining liability or value aspects of
claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding
litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or
Federal agency or department;
``(B) the term `employee employed to adjust or
evaluate claims resulting from or relating to such
major disaster' means an individual who timely secured
or secures a license required by applicable law to
engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to
a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or
protection for its employees, if required by applicable
law, and withholds applicable Federal, State, and local
income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by
reason of ownership or control of 25 percent or more of
the outstanding shares of any class of voting
securities of one or more companies, directly or
indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-
2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a
petition for H-2B nonimmigrants filed by an employer in
the seafood industry is granted, the employer may bring
the nonimmigrants described in the petition into the
United States at any time during the 120-day period
beginning on the start date for which the employer is
seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An
employer in the seafood industry may not bring H-2B
nonimmigrants into the United States after the date
that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local
labor market by--
(i) listing job orders in local
newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on
the appropriate Department of Labor
Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time
and place of need.
(3) Exemption from rules with respect to
staggering.--The Secretary of Labor shall not consider
an employer in the seafood industry who brings H-2B
nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the
date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other
applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the
same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic
area in which the H-2B nonimmigrant will be employed, based on
the best information available at the time of filing the
petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H-2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training apprentices
in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part
of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor
during the workday of the Secretary and during any
activity that is preliminary or postliminary to the
performance of official duties by the Secretary;
``(2) provide protection, incidental to the
protection provided to the Secretary, to a member of
the immediate family of the Secretary who is
participating in an activity or event relating to the
official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph
(1)) and to the members of the immediate family of the
Secretary if there is a unique and articulable threat
of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of
Labor or another senior officer representing the
Secretary of Labor at a public event if there is a
unique and articulable threat of physical harm, in
accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of
such officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and
conducting advance work to review security matters
relating to sites and events;
``(4) coordinate with local law enforcement agencies;
and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the
Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer
or special agent employed under subsection (a) shall exercise
any authority provided under this section in accordance with
any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of
Labor.''.
(b) This section shall be effective on the date of enactment
of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition, to include any associated construction
project, will not be subject to any requirement of any Federal
law or regulation relating to the disposition of Federal real
property or relating to Federal procurement, including but not
limited to subchapter III of chapter 5 of title 40 of the
United States Code, subchapter V of chapter 119 of title 42 of
the United States Code, and chapter 33 of division C of
subtitle I of title 41 of the United States Code. The net
proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job
Corps Program on Treasure Island.
Sec. 115. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement
between the United States Department of Labor and the
United States Department of Agriculture; or
(2) close any of the Civilian Conservation Centers,
except if such closure is necessary to prevent the
endangerment of the health and safety of the students,
the capacity of the program is retained, and the
requirements of section 159(j) of the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $142,000,000 are hereby permanently rescinded not
later than September 30, 2023.
This title may be cited as the ``Department of Labor
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,858,772,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n) and
(q) of section 224 of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,390,376,000: Provided, That section
751(j)(2) of the PHS Act and the proportional funding amounts
in paragraphs (1) through (4) of section 756(f) of the PHS Act
shall not apply to funds made available under this heading:
Provided further, That for any program operating under section
751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act
for the full project period of a grant under such section:
Provided further, That section 756(c) of the PHS Act shall
apply to paragraphs (1) through (4) of section 756(a) of such
Act: Provided further, That no funds shall be available for
section 340G-1 of the PHS Act: Provided further, That fees
collected for the disclosure of information under section
427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall
be sufficient to recover the full costs of operating the
programs authorized by such sections and shall remain available
until expended for the National Practitioner Data Bank:
Provided further, That funds transferred to this account to
carry out section 846 and subpart 3 of part D of title III of
the PHS Act may be used to make prior year adjustments to
awards made under such section and subpart: Provided further,
That $125,600,000 shall remain available until expended for the
purposes of providing primary health services, assigning
National Health Service Corps (``NHSC'') participants to expand
the delivery of substance use disorder treatment services,
notwithstanding the assignment priorities and limitations under
sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS
Act, and making payments under the NHSC Loan Repayment Program
under section 338B of such Act: Provided further, That, within
the amount made available in the previous proviso, $15,600,000
shall remain available until expended for the purposes of
making payments under the NHSC Loan Repayment Program under
section 338B of the PHS Act to individuals participating in
such program who provide primary health services in Indian
Health Service facilities, Tribally-Operated 638 Health
Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment
priorities and limitations under section 333(b) of such Act:
Provided further, That for purposes of the previous two
provisos, section 331(a)(3)(D) of the PHS Act shall be applied
as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder
treatment counselors: Provided further, That of the funds made
available under this heading, $6,000,000 shall be available to
make grants to establish, expand, or maintain optional
community-based nurse practitioner fellowship programs that are
accredited or in the accreditation process, with a preference
for those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral
health: Provided further, That of the funds made available
under this heading, $10,000,000 shall remain available until
expended for activities under section 775 of the PHS Act:
Provided further, That the United States may recover liquidated
damages in an amount determined by the formula under section
338E(c)(1) of the PHS Act if an individual either fails to
begin or complete the service obligated by a contract under
section 775(b) of the PHS Act: Provided further, That for
purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the
Secretary deems appropriate: Provided further, That the
Secretary may terminate a contract entered into under section
775 of the PHS Act in the same manner articulated in section
206 of this title for fiscal year 2023 contracts entered into
under section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support graduate
education for physicians provided by such institutions,
including funding for infrastructure development, maintenance,
equipment, and minor renovations or alterations: Provided,
That, in awarding such grants, the Secretary shall give
priority to public institutions of higher education located in
States with a projected primary care provider shortage in 2025,
as determined by the Secretary: Provided further, That grants
so awarded are limited to such public institutions of higher
education in States in the top quintile of States with a
projected primary care provider shortage in 2025, as determined
by the Secretary: Provided further, That the minimum amount of
a grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement
of non-Federal funds in an amount that is not less than 10
percent of the total amount of Federal funds provided in the
grant to such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the
Social Security Act, $1,171,430,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $219,116,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,571,041,000, of which
$2,045,630,000 shall remain available to the Secretary through
September 30, 2025, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $165,000,000, to
remain available until expended, shall be available to the
Secretary for carrying out a program of grants and contracts
under title XXVI or section 311(c) of such Act focused on
ending the nationwide HIV/AIDS epidemic, with any grants issued
under such section 311(c) administered in conjunction with
title XXVI of the PHS Act, including the limitation on
administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $99,009,000, of which $122,000 shall
be available until expended for facilities-related expenses of
the National Hansen's Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $352,407,000, of which $64,277,000
from general revenues, notwithstanding section 1820(j) of the
Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for
Medicare rural hospital flexibility grants, $20,942,000 shall
be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health
information technology, no less than $5,000,000 shall be
available to award grants to public or non-profit private
entities for the Rural Emergency Hospital Technical Assistance
Program, and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for
grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services and other efforts to
improve health care coordination for rural veterans between
rural providers and the Department of Veterans Affairs:
Provided further, That notwithstanding section 338J(k) of the
PHS Act, $12,500,000 shall be available for State Offices of
Rural Health: Provided further, That $12,500,000 shall remain
available through September 30, 2025, to support the Rural
Residency Development Program: Provided further, That
$145,000,000 shall be for the Rural Communities Opioids
Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote
public support or opposition to any legislative proposal or
candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act
and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act
for the Health Resources and Services Administration,
$1,735,769,000, of which $38,050,000 shall be for expenses
necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for the
advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Systems'', and
``Rural Health'': Provided further, That of the amount made
available under this heading, $1,521,681,000 shall be used for
the projects financing the construction and renovation
(including equipment) of health care and other facilities, and
for the projects financing one-time grants that support health-
related activities, including training and information
technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the
funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $15,200,000 shall be
available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000,
to remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $499,941,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $698,772,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or State
quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $1,175,464,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States,
tribes, or tribal organizations: Provided further, That of the
funds made available under this heading, $16,500,000 shall be
available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the
highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the
PHS Act shall not apply to funds made available under this
heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities,
disabilities and health, $205,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics,
and workforce development, $754,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $229,850,000: Provided, That
of the amounts appropriated under this heading up to $4,000,000
may remain available until expended for carrying out the Vessel
Sanitation Program, in addition to user fee collections
available for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
use of funds pursuant to the preceding proviso.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title
I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1)
$128,921,000 shall remain available through September 30, 2024
for international HIV/AIDS; and (2) $293,200,000 shall remain
available through September 30, 2025 for global public health
protection: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical
threats to civilian populations, $883,200,000: Provided, That
the Director of the Centers for Disease Control and Prevention
(referred to in this title as ``CDC'') or the Administrator of
the Agency for Toxic Substances and Disease Registry may detail
staff without reimbursement to support an activation of the CDC
Emergency Operations Center, so long as the Director or
Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives
and the Senate within 15 days of the use of this authority, a
full report within 30 days after use of this authority which
includes the number of staff and funding level broken down by
the originating center and number of days detailed, and an
update of such report every 180 days until staff are no longer
on detail without reimbursement to the CDC Emergency Operations
Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$40,000,000, which shall remain available until September 30,
2027: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition of
real property or for construction or improvement of facilities
shall be available to make improvements on non-federally owned
property, provided that any improvements that are not adjacent
to federally owned property do not exceed $2,500,000, and that
the primary benefit of such improvements accrues to CDC:
Provided further, That funds previously set-aside by CDC for
repair and upgrade of the Lake Lynn Experimental Mine and
Laboratory shall be used to acquire a replacement mine safety
research facility: Provided further, That funds made available
to this account in this or any prior Act that are available for
the acquisition of real property or for construction or
improvement of facilities in conjunction with the new
replacement mine safety research facility shall be available to
make improvements on non-federally owned property, provided
that any improvements that are not adjacent to federally owned
property do not exceed $5,000,000: Provided further, That in
addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available
for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to
support the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $563,570,000, of which: (1) $350,000,000 shall
remain available through September 30, 2024, for public health
infrastructure and capacity; and (2) $50,000,000 shall remain
available through September 30, 2024 for forecasting epidemics
and outbreak analytics: Provided, That paragraphs (1) through
(3) of subsection (b) of section 2821 of the PHS Act shall not
apply to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That of the amounts made
available under this heading, $35,000,000, to remain available
until expended, shall be available to the Director of the CDC
for deposit in the Infectious Diseases Rapid Response Reserve
Fund established by section 231 of division B of Public Law
115-245: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities
throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States, municipalities,
or other organizations under authority of section 214 of the
PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency,
Service, or HHS during the period of detail or assignment:
Provided further, That CDC may use up to $10,000 from amounts
appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the
Director of CDC: Provided further, That in addition, such sums
as may be derived from authorized user fees, which shall be
credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and the
Respirator Certification Program shall be available through
September 30, 2024.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,104,159,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the
National Cancer Institute--Frederick Federally Funded Research
and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease,
$2,300,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,588,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,239,679,000, of which
$1,412,482,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $425,956,000 is
provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,749,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,407,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders,
$534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,112,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$524,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until
September 30, 2024: Provided further, That in fiscal year 2023,
the National Library of Medicine may enter into personal
services contracts for the provision of services in facilities
owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $923,323,000: Provided, That
up to $70,000,000 shall be available to implement section 480
of the PHS Act, relating to the Cures Acceleration Network:
Provided further, That at least $629,560,000 is provided to the
Clinical and Translational Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,642,914,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all funds
credited to the NIH Management Fund shall remain available for
one fiscal year after the fiscal year in which they are
deposited: Provided further, That $180,000,000 shall be for the
Environmental Influences on Child Health Outcomes study:
Provided further, That $722,401,000 shall be available for the
Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH: Provided
further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided
for in section 2354(a)(5)(B) of the PHS Act: Provided further,
That $80,000,000 shall be used to carry out section 404I of the
PHS Act (42 U.S.C. 283K), relating to biomedical and behavioral
research facilities: Provided further, That $5,000,000 shall be
transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs
and operations of the NIH, including agency efforts to ensure
the integrity of its grant application evaluation and selection
processes, and shall be in addition to funds otherwise made
available for oversight of the NIH: Provided further, That the
funds provided in the previous proviso may be transferred from
one specified activity to another with 15 days prior approval
of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
Inspector General shall consult with the Committees on
Appropriations of the House of Representatives and the Senate
before submitting to the Committees an audit plan for fiscal
years 2023 and 2024 no later than 30 days after the date of
enactment of this Act: Provided further, That amounts made
available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided
further, That the funds made available under this heading for
the Office of Research on Women's Health shall also be
available for making grants to serve and promote the interests
of women in research, and the Director of such Office may, in
making such grants, use the authorities available to NIH
Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the
Internal Revenue Code of 1986 (26 U.S.C. 9008), for the purpose
of carrying out section 402(b)(7)(B)(ii) of the PHS Act
(relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by
NIH, including the acquisition of real property, $350,000,000,
to remain available through September 30, 2027.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations
provided to the NIH in this Act, $1,085,000,000, to remain
available until expended: Provided, That such amounts are
appropriated pursuant to section 1001(b)(3) of such Act, are to
be derived from amounts transferred under section 1001(b)(2)(A)
of such Act, and may be transferred by the Director of the
National Institutes of Health to other accounts of the National
Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the
Director 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 the transfer authority provided under this
heading is in addition to any other transfer authority provided
by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and the SUPPORT for
Patients and Communities Act, $2,693,507,000: Provided, That of
the funds made available under this heading, $93,887,000 shall
be for the National Child Traumatic Stress Initiative: Provided
further, That notwithstanding section 520A(f)(2) of the PHS
Act, no funds appropriated for carrying out section 520A shall
be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX: Provided further, That of the
funds made available under this heading for subpart I of part B
of title XIX of the PHS Act, at least 5 percent shall be
available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to
carry out the Children's Mental Health Services program may be
used to carry out demonstration grants or contracts for early
interventions with persons not more than 25 years of age at
clinical high risk of developing a first episode of psychosis:
Provided further, That section 520E(b)(2) of the PHS Act shall
not apply to funds appropriated in this Act for fiscal year
2023: Provided further, That $385,000,000 shall be available
until September 30, 2025 for grants to communities and
community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $21,420,000 shall be to
carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with
respect to substance abuse treatment and prevention, and the
SUPPORT for Patients and Communities Act, $4,076,098,000:
Provided, That $1,575,000,000 shall be for State Opioid
Response Grants for carrying out activities pertaining to
opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $55,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That in allocating the amount
made available in the preceding proviso, the Secretary shall
ensure that the formula avoids a significant cliff between
States with similar overdose mortality rates to prevent
unusually large funding changes in States when compared to
prior year allocations: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2
percent shall be available for Federal administrative expenses,
training, technical assistance, and evaluation: Provided
further, That of the amount not reserved by the previous four
provisos, the Secretary shall make allocations to States,
territories, and the District of Columbia according to a
formula using national survey results that the Secretary
determines are the most objective and reliable measure of drug
use and drug-related deaths: Provided further, That the
Secretary shall submit the formula methodology to the
Committees on Appropriations of the House of Representatives
and the Senate not less than 21 days prior to publishing a
Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants
may include education, treatment (including the provision of
medication), behavioral health services for individuals in
treatment programs, referral to treatment services, recovery
support, and medical screening associated with such treatment:
Provided further, That each State, as well as the District of
Columbia, shall receive not less than $4,000,000: Provided
further, That in addition to amounts provided herein, the
following amounts shall be available under section 241 of the
PHS Act: (1) $79,200,000 to carry out subpart II of part B of
title XIX of the PHS Act to fund section 1935(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this Act
for section 1935(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart II of part B of title XIX;
and (2) $2,000,000 to evaluate substance abuse treatment
programs: Provided further, That none of the funds provided for
section 1921 of the PHS Act or State Opioid Response Grants
shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $301,932,000: Provided, That of the amount made
available under this heading, $160,777,000 shall be used for
the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the
funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act: Provided further, That in addition to
amounts provided herein, $31,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That, in addition, fees may be collected for the costs
of publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a public
or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(o) of the PHS Act shall
remain available through September 30, 2024: Provided further,
That funds made available under this heading (other than
amounts specified in the first proviso under this heading) may
be used to supplement program support funding provided under
the headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of
title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $373,500,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2023: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain
available until September 30, 2024.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $367,357,090,000, to remain
available until expended.
In addition, for carrying out such titles after May 31, 2023,
for the last quarter of fiscal year 2023 for unanticipated
costs incurred for the current fiscal year, such sums as may be
necessary, to remain available until expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2024, $197,580,474,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and
the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $548,130,000,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed $3,669,744,000
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to
section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of
data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect
fees in fiscal year 2023 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act: Provided further, That of the amount made available
under this heading, $397,334,000 shall remain available until
September 30, 2024, and shall be available for the Survey and
Certification Program: Provided further, That amounts available
under this heading to support quality improvement organizations
(as defined in section 1152 of the Social Security Act) shall
not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $893,000,000, to remain
available through September 30, 2024, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$665,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $105,145,000
shall be for the Department of Health and Human Services Office
of Inspector General to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act, and of which
$122,207,000 shall be for the Department of Justice to carry
out fraud and abuse activities authorized by section 1817(k)(3)
of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2023
shall include measures of the operational efficiency and impact
on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading,
$317,000,000 is provided to meet the terms of a concurrent
resolution on the budget in the Senate, and $576,000,000 is
additional new budget authority specified for purposes of a
concurrent resolution on the budget in the Senate and section
1(h) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022 for additional health
care fraud and abuse control activities: Provided further, That
the Secretary shall provide not less than $35,000,000 from
amounts made available under this heading and amounts made
available for fiscal year 2023 under section 1817(k)(3)(A) of
the Social Security Act for the Senior Medicare Patrol program
to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $2,883,000,000, to remain available until
expended; and for such purposes for the first quarter of fiscal
year 2024, $1,300,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960, for
the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $1,500,000,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$9,600,000 may be reserved by the Secretary for technical
assistance, training, and monitoring of program activities for
compliance with internal controls, policies and procedures, and
to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the
Secretary may, in addition to the authorities provided in
section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit
organizations: Provided further, That all but $884,848,000 of
the amount appropriated under this heading in this Act and in
the second paragraph under this heading in the Disaster Relief
Supplemental Appropriations Act, 2023 shall be allocated as
though the total appropriation for such payments for fiscal
year 2023 was less than $1,975,000,000: Provided further, That,
after applying all applicable provisions of section 2604 of
such Act and the previous proviso, each State or territory that
would otherwise receive an allocation, from the amount
appropriated under this heading in this Act together with the
amount appropriated in the second paragraph under this heading
in the Disaster Relief Supplemental Appropriations Act, 2023,
that is less than 97 percent of the amount that it received
under this heading for fiscal year 2022 from amounts
appropriated in Public Law 117-103 shall have its allocation
increased to that 97 percent level, with the portions of other
States' and territories' allocations that would exceed 100
percent of the amounts they respectively received in such
fashion for fiscal year 2022 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$6,427,214,000, of which $6,377,459,000 shall remain available
through September 30, 2025 for carrying out such sections 414,
501, 462, and 235: Provided, That amounts available under this
heading to carry out the TVPA shall also be available for
research and evaluation with respect to activities under such
Act: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by
substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under
section 235(c)(6)(C)(iii) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading:
Provided further, That for any month in fiscal year 2023 that
the number of unaccompanied children referred to the Department
of Health and Human Services pursuant to section 462 of the
Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008 exceeds 13,000, as determined by the Secretary of
Health and Human Services, an additional $27,000,000, to remain
available until September 30, 2024, shall be made available for
obligation for every 500 unaccompanied children above that
level (including a pro rata amount for any increment less than
500), for carrying out such sections 462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $8,021,387,000 shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the
CCDBG Act: Provided further, That in addition to the amounts
required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $214,960,000 shall be for Indian
tribes and tribal organizations: Provided further, That of the
amounts made available under this heading, the Secretary may
reserve up to 0.5 percent for Federal administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A
of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of title
IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the
Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, and the Low-
Income Home Energy Assistance Act of 1981, $14,618,437,000, of
which $75,000,000, to remain available through September 30,
2024, shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2023: Provided,
That $11,996,820,000 shall be for making payments under the
Head Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $596,000,000 shall be available for a cost of
living adjustment, and with respect to any continuing
appropriations act, funding available for a cost of
living adjustment shall not be construed as an
authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by
the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of the Head
Start Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds
shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality
improvement consistent with section 640(a)(5) of such
Act except that any amount of the funds may be used on
any of the activities in such section, of which not
less than $13,000,000 shall be available to migrant and
seasonal Head Start programs for such activities, in
addition to funds made available for migrant and
seasonal Head Start programs under any other provision
of section 640(a) of such Act;
(4) $100,000,000, in addition to funds otherwise
available for such purposes under section 640 of the
Head Start Act, shall be available through September
30, 2024, for awards to eligible entities for Head
Start and Early Head Start programs and to entities
defined as eligible under section 645A(d) of such Act
for high quality infant and toddler care through Early
Head Start-Child Care Partnerships, and for training
and technical assistance for such activities: Provided,
That of the funds made available in this paragraph, up
to $21,000,000 shall be available to the Secretary for
the administrative costs of carrying out this
paragraph;
(5) $8,000,000 shall be available for the Tribal
Colleges and Universities Head Start Partnership
Program consistent with section 648(g) of such Act; and
(6) $21,000,000 shall be available to supplement
funding otherwise available for research, evaluation,
and Federal administrative costs:
Provided further, That the Secretary may reduce the reservation
of funds under section 640(a)(2)(C) of such Act in lieu of
reducing the reservation of funds under sections 640(a)(2)(B),
640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further,
That $315,000,000 shall be available until December 31, 2023
for carrying out sections 9212 and 9213 of the Every Student
Succeeds Act: Provided further, That up to 3 percent of the
funds in the preceding proviso shall be available for technical
assistance and evaluation related to grants awarded under such
section 9212: Provided further, That $804,383,000 shall be for
making payments under the CSBG Act: Provided further, That for
services furnished under the CSBG Act with funds made available
for such purpose in this fiscal year and in fiscal year 2022,
States may apply the last sentence of section 673(2) of the
CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That $34,383,000 shall be for section 680 of
the CSBG Act, of which not less than $22,383,000 shall be for
section 680(a)(2) and not less than $12,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under
such Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end
of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any
eligible purpose consistent with section 680(a)(2)(A) of the
CSBG Act: Provided further, That these procedures shall apply
to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2)
of the CSBG Act shall be available for financing construction
and rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $240,000,000 shall be for carrying out
section 303(a) of the Family Violence Prevention and Services
Act, of which $7,000,000 shall be allocated notwithstanding
section 303(a)(2) of such Act for carrying out section 309 of
such Act: Provided further, That the percentages specified in
section 112(a)(2) of the Child Abuse Prevention and Treatment
Act shall not apply to funds appropriated under this heading:
Provided further, That $1,864,000 shall be for a human services
case management system for federally declared disasters, to
include a comprehensive national case management contract and
Federal costs of administering the system: Provided further,
That up to $2,000,000 shall be for improving the Public
Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That $107,848,000 shall be
used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act,
$86,515,000: Provided, That of the funds available to carry out
section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further,
That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C),
$20,000,000 shall be for grants to each State, territory, and
Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as
described in section 427(a)(1) of such Act and $6,750,000, in
addition to funds otherwise appropriated in section 476 for
such purposes, shall be for the Family First Clearinghouse and
to support evaluation and technical assistance relating to the
evaluation of child and family services: Provided further, That
section 437(b)(1) shall be applied to amounts in the previous
proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be
used for identifying, establishing, and disseminating practices
to meet the criteria specified in section 471(e)(4)(C):
Provided further, That the reservation in section 437(b)(2) and
the limitations in section 437(d) shall not apply to funds
specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the case
of States and territories shall be $200,000, and, in the case
of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV-E of
the Social Security Act, for the first quarter of fiscal year
2024, $3,200,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of the
Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act, sections
1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B
of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of
subtitle D of title II of the Help America Vote Act of 2002,
the Assistive Technology Act of 1998, titles II and VII (and
section 14 with respect to such titles) of the Rehabilitation
Act of 1973, and for Department-wide coordination of policy and
program activities that assist individuals with disabilities,
$2,482,545,000, together with $55,242,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one
percent of such amounts shall be available for developing and
implementing evidence-based practices for enhancing senior
nutrition, including medically-tailored meals: Provided
further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section
311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further,
That up to 5 percent of the funds provided for adult protective
services grants under section 2042 of title XX of the Social
Security Act may be used to make grants to Tribes and tribal
organizations: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs
that provide for the purchase of assistive technology devices,
such as a low-interest loan fund; an interest buy-down program;
a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an
assurance that, and information describing the manner in which,
the alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are
directed by and operated for individuals with disabilities
shall be eligible to compete: Provided further, That none of
the funds made available under this heading may be used by an
eligible system (as defined in section 102 of the Protection
and Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals
with a developmental disability (as defined in section
102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is
attributable to a mental impairment (or a combination of mental
and physical impairments), that has as the requested remedy the
closure of State operated intermediate care facilities for
people with intellectual or developmental disabilities, unless
reasonable public notice of the action has been provided to
such individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal
rights and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent to
consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or
subject to public guardianship: Provided further, That of the
amount made available under this heading, $41,644,000 shall be
used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and
section 229 of the PHS Act, the United States-Mexico Border
Health Commission Act, and research studies under section 1110
of the Social Security Act, $537,144,000, together with
$64,828,000 from the amounts available under section 241 of the
PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount,
$60,000,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available
under this heading, $101,000,000 shall be for making
competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall be
for training and technical assistance, evaluation, outreach,
and additional program support activities, and of the remaining
amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds made
available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in
sexual risk avoidance (defined as voluntarily refraining from
non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed
publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as
underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk
avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided further,
That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available
under this heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $196,000,000 shall remain
available until September 30, 2024, to be transferred in
appropriate part from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $66,238,000 shall be from amounts made available
under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $87,000,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums
shall be available for carrying out activities authorized under
section 3022 of the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,647,569,000, of
which $950,000,000 shall remain available through September 30,
2024, for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under this
heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds
available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2025: Provided further, That $75,000,000 of the
amounts made available to support coordination of the
development, production, and distribution of vaccines,
therapeutics, and other medical countermeasures shall remain
available through September 30, 2024.
For expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act),
$820,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the
PHS Act, $965,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $335,000,000; of which
$300,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided, That notwithstanding section 496(b) of the PHS
Act, funds may be used for the construction or renovation of
privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds
such construction or renovation necessary to secure sufficient
supplies of such vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health,
$1,500,000,000, to remain available through September 30, 2025:
Provided, That the President shall appoint in the Department of
Health and Human Services a director of advanced research
projects for health (Director): Provided further, That funds
may be used to make or rescind appointments of scientific,
medical, and professional personnel without regard to any
provision in title 5 governing appointments under the civil
service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined
by the Director, up to the amount of annual compensation
(excluding expenses) specified in section 102 of title 3,
United States Code: Provided further, That the Director may use
funds made available under this heading to make awards in the
form of grants, contracts, cooperative agreements, and cash
prizes, and enter into other transactions (as defined in
section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading
shall not be subject to the requirements of sections
406(a)(3)(A)(ii) or 492 of the PHS Act: Provided further, That
the Secretary may transfer the Advanced Research Projects
Agency for Health, including the functions, personnel,
missions, activities, authorities, and funds, within 30 days of
enactment of this Act to any agency or office of the Department
of Health and Human Services, including the National Institutes
of Health: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
shall be notified at least 15 days in advance of any transfer
pursuant to the preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive
Level II: Provided, That none of the funds appropriated in this
title shall be used to prevent the NIH from paying up to 100
percent of the salary of an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That the transfer
authority granted by this section shall not be used to create
any new program or to fund any project or activity for which no
funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2023 under section 338B of such
Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. None of the funds appropriated in this Act may be
made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease,
chronic and environmental disease, and other health activities
abroad during fiscal year 2023:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds
by advance or reimbursement to the Secretary of State
as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of
facilities outside of the United States for the use of
HHS. The Department of State shall cooperate fully with
the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary is authorized,
in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to
public or nonprofit private institutions or agencies in
participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries
as necessary to conduct programs of assistance for
international health activities, including activities
relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any
transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision
of law, the Director of NIH (``Director'') may use funds
authorized under section 402(b)(12) of the PHS Act to enter
into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under sections 736, 739, or 747 of the PHS Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or
for the first fiscal year in which the contract
is in effect; and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year
contract will serve the best interests of the Federal
Government by encouraging full and open competition or
promoting economy in administration, performance, and
operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described
by subsection (c) of section 3903 of title 41, United
States Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year
2024 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by that
Act, in the proposed fiscal year and each fiscal year since the
enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such
Act under which such funds were appropriated, a
statement indicating the program, project, or activity
receiving such funds, the Federal operating division or
office that administers such program, and the amount of
funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-
time equivalent employees or contracted employees
assigned to each authorized and funded provision
detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in
laws other than the ACA and work on programs that
existed prior to the passage of the ACA;
(2) spend less than 50 percent of their time on
activities funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not
a requirement of their contract, such as fixed-price
contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal
year 2024 budget of the President submitted under section
1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare
& Medicaid Services specifically for Health Insurance Exchanges
for each fiscal year since the enactment of the ACA and the
proposed uses for such funds for fiscal year 2024. Such
information shall include, for each such fiscal year, the
amount of funds used for each activity specified under the
heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred from
other accounts funded by this Act to the ``Centers for Medicare
& Medicaid Services--Program Management'' account, may be used
for payments under section 1342(b)(1) of Public Law 111-148
(relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ``Prevention
and Public Health Fund'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2025, any provision of law that
refers (including through cross-reference to another provision
of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by
the Secretary involved as if--
(1) such reference to such current recommendations
were a reference to the recommendations of such Task
Force with respect to breast cancer screening,
mammography, and prevention last issued before 2009;
and
(2) such recommendations last issued before 2009
applied to any screening mammography modality under
section 1861(jj) of the Social Security Act (42 U.S.C.
1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to
apply to the National Institutes of Health to the same extent
and in the same manner as such provisions were applied in the
third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any
department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect
of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction,
pain management, and addiction treatment to other Institutes
and Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That the transfer
authority provided in the previous proviso is in addition to
any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and
Affordable Care Act of 2010 pertaining to enrollments
during the open enrollment period; and
(2) Notification of any new or competitive grant
awards, including supplements, authorized under section
330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any
public release of enrollment information or the award of such
grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $455,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That except
for the foregoing purpose, such funds may not be used to
support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to
supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of
Health and Human Services shall also be available to pay travel
and related expenses of such an employee or of a member of his
or her family, when such employee is assigned to duty, in the
United States or in a U.S. territory, during a period and in a
location that are the subject of a determination of a public
health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an
illness, injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, or the Trust Territory of the
Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee
Resettlement of the Administration for Children and Families,
including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys,
clothing, and any other items intended to promote the wellbeing
of such children.
Sec. 231. None of the funds made available in this Act under
the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the
operations of any such facility that remains in
operation for more than six consecutive months shall
require compliance with--
(A) the same requirements as licensed
placements, as listed in Exhibit 1 of the
Flores Settlement Agreement that the Secretary
determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth
Care Worker for every eight (8) children or
youth during waking hours, one (1) on-duty
Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and
clinician ratios to children (including mental
health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph
(1) if the Secretary certifies and provides a report to
Congress on the contractor's or grantee's good-faith
efforts and progress towards compliance;
(3) not more than four consecutive waivers under
paragraph (2) may be granted to a contractor or grantee
with respect to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies
and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for
more than three consecutive months, ORR shall conduct a
minimum of one comprehensive monitoring visit during
the first three months of operation, with quarterly
monitoring visits thereafter; and
(6) not later than 60 days after the date of
enactment of this Act, ORR shall brief the Committees
on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in
paragraph (1)(A) that the Secretary has determined are
not applicable to non-State licensed facilities.
Sec. 232. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely outcome
is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours
or that unaccompanied alien children will be otherwise placed
in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report detailing the total number of children
in care at the facility, the average length of stay and average
length of care of children at the facility, and, for any child
that has been at the facility for more than 60 days, their
length of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the operations
(including child welfare and child safety operations) of such
facility.
Sec. 234. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available
online, a report with respect to children who were separated
from their parents or legal guardians by the Department of
Homeland Security (DHS) (regardless of whether or not such
separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and
custody of ORR during the previous month. Each report shall
contain the following information:
(1) the number and ages of children so separated
subsequent to apprehension at or between ports of
entry, to be reported by sector where separation
occurred; and
(2) the documented cause of separation, as reported
by DHS when each child was referred.
Sec. 235. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for
Disease Control and Prevention shall also be available for the
primary and secondary schooling of eligible dependents of
personnel stationed in a U.S. territory as defined in section
229 of this Act at costs not in excess of those paid for or
reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of
Public Law 110-161, $650,000,000 are hereby rescinded not later
than September 30, 2023.
Sec. 237. The Secretary of Health and Human Services may
waive penalties and administrative requirements in title XXVI
of the Public Health Service Act for awards under such title
from amounts provided under the heading ``Department of Health
and Human Services--Health Resources and Services
Administration'' in this or any other appropriations Act for
this fiscal year, including amounts made available to such
heading by transfer.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2023''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ``ESEA'') and section 418A of the Higher
Education Act of 1965 (referred to in this Act as ``HEA''),
$19,087,790,000, of which $8,159,490,000 shall become available
on July 1, 2023, and shall remain available through September
30, 2024, and of which $10,841,177,000 shall become available
on October 1, 2023, and shall remain available through
September 30, 2024, for academic year 2023-2024: Provided, That
$6,459,401,000 shall be for basic grants under section 1124 of
the ESEA: Provided further, That up to $5,000,000 of these
funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1,
2022, to obtain annually updated local educational agency-level
census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants
under section 1124A of the ESEA: Provided further, That
$5,282,550,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $5,282,550,000 shall be for
education finance incentive grants under section 1125A of the
ESEA: Provided further, That $224,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That
$52,123,000 shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the ESEA,
$1,618,112,000, of which $1,468,242,000 shall be for basic
support payments under section 7003(b), $48,316,000 shall be
for payments for children with disabilities under section
7003(d), $18,406,000, to remain available through September 30,
2024, shall be for construction under section 7007(b),
$78,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section
7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section
7003(a) for school year 2022-2023, children enrolled in a
school of such agency that would otherwise be eligible for
payment under section 7003(a)(1)(B) of such Act, but due to the
deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to
the death of a military parent or legal guardian while on
active duty (so long as such children reside on Federal
property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local
educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of
title IV, part B of title IV, part B of title V, and parts B
and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,810,642,000, of which $3,952,312,000 shall become available
on July 1, 2023, and remain available through September 30,
2024, and of which $1,681,441,000 shall become available on
October 1, 2023, and shall remain available through September
30, 2024, for academic year 2023-2024: Provided, That
$390,000,000 shall be for part B of title I: Provided further,
That $1,329,673,000 shall be for part B of title IV: Provided
further, That $45,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and
modernization of any public elementary school, secondary
school, or structure related to a public elementary school or
secondary school that serves a predominantly Native Hawaiian
student body, and that the 5 percent limitation in section
6205(b) of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $44,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be
used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $55,000,000 shall be available to carry
out section 203 of the Educational Technical Assistance Act of
2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section:
Provided further, That $24,464,000 shall be available to carry
out the Supplemental Education Grants program for the Federated
States of Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That $215,000,000 shall be for part B
of title V: Provided further, That $1,380,000,000 shall be
available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA, $194,746,000,
of which $72,000,000 shall be for subpart 2 of part A of title
VI and $12,365,000 shall be for subpart 3 of part A of title
VI: Provided, That the 5 percent limitation in sections
6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds
for administrative purposes shall apply only to direct
administrative costs: Provided further, That grants awarded
under sections 6132 and 6133 of the ESEA with funds provided
under this heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4
of part B of title II, and parts C, D, and E and subparts 1 and
4 of part F of title IV of the ESEA, $1,253,000,000: Provided,
That $286,000,000 shall be for subparts 1, 3 and 4 of part B of
title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $683,000,000
shall be for parts C, D, and E and subpart 4 of part F of title
IV, and shall be made available without regard to sections
4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available
for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use not
less than $60,000,000 to carry out section 4304, of which not
more than $10,000,000 shall be available to carry out section
4304(k), $140,000,000, to remain available through March 31,
2024, to carry out section 4305(b), and not more than
$16,000,000 to carry out the activities in section 4305(a)(3):
Provided further, That notwithstanding section 4601(b),
$284,000,000 shall be available through December 31, 2023 for
subpart 1 of part F of title IV: Provided further, That of the
funds available for subpart 4 of part F of title IV, not less
than $8,000,000 shall be used for continuation grants for
eligible national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education
Program published in the Federal Register on May 31, 2022, for
activities described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of
part F of title IV of the ESEA, $457,000,000, to remain
available through December 31, 2023: Provided, That
$216,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $150,000,000 shall be
available for section 4625: Provided further, That $91,000,000
shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$890,000,000, which shall become available on July 1, 2023, and
shall remain available through September 30, 2024, except that
6.5 percent of such amount shall be available on October 1,
2022, and shall remain available through September 30, 2024, to
carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment Act
of 2004, $15,453,264,000, of which $5,870,321,000 shall become
available on July 1, 2023, and shall remain available through
September 30, 2024, and of which $9,283,383,000 shall become
available on October 1, 2023, and shall remain available
through September 30, 2024, for academic year 2023-2024:
Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that
activity during fiscal year 2022, increased by the amount of
inflation as specified in section 619(d)(2)(B) of the IDEA, or
the percent change in the funds appropriated under section
611(i) of the IDEA, but not less than the amount for that
activity during fiscal year 2022: Provided further, That the
Secretary shall, without regard to section 611(d) of the IDEA,
distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by
which a State's allocation under section 611, from funds
appropriated under this heading, is reduced under section
612(a)(18)(B), according to the following: 85 percent on the
basis of the States' relative populations of children aged 3
through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a
free appropriate public education under this part, and 15
percent to States on the basis of the States' relative
populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any
funds under the previous proviso to any State whose reduction
in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That
the States shall allocate such funds distributed under the
second proviso to local educational agencies in accordance with
section 611(f): Provided further, That the amount by which a
State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to
States under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed 5, until the entire
reduction is applied: Provided further, That the Secretary may,
in any fiscal year in which a State's allocation under section
611 is reduced in accordance with section 612(a)(18)(B), reduce
the amount a State may reserve under section 611(e)(1) by an
amount that bears the same relation to the maximum amount
described in that paragraph as the reduction under section
612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the
absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611
for any fiscal year following the fiscal year for which the
State fails to comply with the requirement of section
612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek
to recover funds under section 452 of the General Education
Provisions Act (20 U.S.C. 1234a): Provided further, That the
funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the
States to meet the data collection requirements of sections 616
and 618 and to administer and carry out other services and
activities to improve data collection, coordination, quality,
and use under parts B and C of the IDEA: Provided further, That
the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1 of
IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for other
State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies,
institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities
authorized by those sections: Provided further, That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer
States apply for grants pursuant to section 643(e) of such Act,
the Secretary shall provide a grant to each State in an amount
equal to the maximum amount described in section 643(e)(2)(B)
of such Act: Provided further, That if more than 5 States apply
for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of the
States' relative populations of infants and toddlers except
that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act: Provided
further, That States may use funds allotted under section
643(c) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by section 638 of IDEA: Provided further,
That, notwithstanding section 638 of the IDEA, a State may use
funds it receives under section 633 of the IDEA to offer
continued early intervention services to a child who previously
received services under part C of the IDEA from age 3 until the
beginning of the school year following the child's third
birthday with parental consent and without regard to the
procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $4,092,906,000, of which $3,949,707,000 shall be for
grants for vocational rehabilitation services under title I of
the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act, and unobligated balances from
title III of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2022, (division H of Public Law 117-103), that remain
available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for
innovative activities aimed at increasing competitive
integrated employment as defined in section 7 of such Act for
youth and other individuals with disabilities, including
related Federal administrative expenses, and for improving
monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation
Act, including information technology modernization: Provided
further, That up to 15 percent of the amounts available
subsequent to reallotment for the activities described in the
first proviso from funds provided under this paragraph in this
Act, may be used for evaluation and technical assistance
related to such activities: Provided further, That States may
award subgrants for a portion of the funds to other public and
private, nonprofit entities: Provided further, That any funds
provided in this Act and made available subsequent to
reallotment for the purposes described in the first proviso
shall remain available until September 30, 2024: Provided
further, That the Secretary may transfer funds provided in this
Act and made available subsequent to the reallotment of funds
to States pursuant to section 110(b) of the Rehabilitation Act
to ``Institute of Education Sciences'' for the evaluation of
outcomes for students receiving services and supports under
IDEA and under title I, section 504 of title V, and title VI of
the Rehabilitation Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$92,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $165,361,000, of which up to $15,000,000,
to remain available until expended, shall be for construction,
as defined by section 201(2) of such Act: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,191,436,000, of which $1,400,436,000 shall
become available on July 1, 2023, and shall remain available
through September 30, 2024, and of which $791,000,000 shall
become available on October 1, 2023, and shall remain available
through September 30, 2024: Provided, That $25,000,000 shall be
available for innovation and modernization grants under such
section 114(e) of the Perkins Act: Provided further, That of
the amounts made available for AEFLA, $13,712,000 shall be for
national leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C
of title IV of the HEA, $24,615,352,000 which shall remain
available through September 30, 2024.
The maximum Pell Grant for which a student shall be eligible
during award year 2023-2024 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A of
title VII of the Public Health Service Act, $2,033,943,000, to
remain available through September 30, 2024: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their past
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to
October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student
Aid (FSA) Next Generation Processing and Servicing Environment,
unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That the
Department shall re-allocate accounts from servicers for
recurring non-compliance with FSA guidelines, contractual
requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options:
Provided further, That such servicers shall be evaluated based
on their ability to meet contract requirements (including an
understanding of Federal and State law), future performance on
the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent
FSA permits student loan servicing subcontracting, FSA shall
hold prime contractors accountable for meeting the requirements
of the contract, and the performance and expectations of
subcontractors shall be accounted for in the prime contract and
in the overall performance of the prime contractor: Provided
further, That FSA shall ensure that the Next Generation
Processing and Servicing Environment, or any new Federal loan
servicing environment, incentivize more support to borrowers at
risk of delinquency or default: Provided further, That FSA
shall ensure that in such environment contractors have the
capacity to meet and are held accountable for performance on
service levels; are held accountable for and have a history of
compliance with applicable consumer protection laws; and have
relevant experience and demonstrated effectiveness: Provided
further, That the Secretary shall provide quarterly briefings
to the Committees on Appropriations and Education and Labor of
the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate on general progress related to solicitations for
Federal student loan servicing contracts: Provided further,
That FSA shall strengthen transparency through expanded
publication of aggregate data on student loan and servicer
performance: Provided further, That not later than 60 days
after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spend plan of anticipated uses of
funds made available in this account for fiscal year 2023 and
provide quarterly updates on this plan (including contracts
awarded, change orders, bonuses paid to staff, reorganization
costs, and any other activity carried out using amounts
provided under this heading for fiscal year 2023): Provided
further, That the FSA Next Generation Processing and Servicing
Environment, or any new Federal student loan servicing
environment, shall include accountability measures that account
for the performance of the portfolio and contractor compliance
with FSA guidelines: Provided further, That notwithstanding the
requirements of the Federal Property and Administration
Services Act of 1949, 41 U.S.C. 3101 et seq., as amended; parts
6, 16, and 37 of title 48, Code of Federal Regulations; or any
other procurement limitation on the period of performance, the
Secretary may extend the period of performance for any contract
under section 456 of the HEA for servicing activities for up to
one year from the current date of expiration.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Perkins Act, $3,526,037,000, of which $184,000,000 shall
remain available through December 31, 2023: Provided, That
notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and
section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in
advanced foreign language training and international studies in
areas that are vital to United States national security and who
plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart
2 of part A of title IV of the HEA may be used for evaluation:
Provided further, That section 313(d) of the HEA shall not
apply to an institution of higher education that is eligible to
receive funding under section 318 of the HEA: Provided further,
That amounts made available for carrying out section 419N of
the HEA may be awarded notwithstanding the limitations in
section 419N(b)(2) of the HEA: Provided further, That of the
amounts made available under this heading, $429,587,000 shall
be used for the projects, and in the amounts, specified in the
table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section
302 of this Act.
Howard University
For partial support of Howard University, $354,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2024: 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 these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $752,065,725: Provided further, That these funds
may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the
limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education
Sciences as authorized by section 208 of the Department of
Education Organization Act and carrying out activities
authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $807,605,000, which shall remain
available through September 30, 2024: Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and
secondary data systems with early childhood, postsecondary, and
workforce data systems, or to further develop such systems:
Provided further, That up to $6,000,000 of the funds available
to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $426,907,000, of which up to
$7,000,000, to remain available until expended, shall be
available for relocation expenses, and for the renovation and
repair of leased buildings: Provided, That, notwithstanding any
other provision of law, none of the funds provided by this Act
or provided by previous Appropriations Acts to the Department
of Education available for obligation or expenditure in the
current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the
staffing level, or alters the responsibilities, structure,
authority, or functionality of the Budget Service of the
Department of Education, relative to the organization and
operation of the Budget Service as in effect on January 1,
2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $67,500,000, of which $3,000,000 shall remain
available until expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of
Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2023, through September 30, 2024.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2023 may use the
income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V
of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
shall be applied by substituting ``2023'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a))
shall be applied by substituting ``2023'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under
part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023,
$75,000,000 are hereby rescinded.
Sec. 309. Of the amounts made available in this title under
the heading ``Student Aid Administration'', $2,300,000 shall be
used by the Secretary of Education to conduct outreach to
borrowers of loans made under part D of title IV of the Higher
Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section
455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers to
complete the entire payment certification process
electronically and on a centralized website.
Sec. 310. The Secretary may reserve not more than 0.5
percent from any amount made available in this Act for an HEA
program, except for any amounts made available for subpart 1 of
part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome data
for any program authorized by the HEA: Provided, That no funds
made available in this Act for the ``Student Aid
Administration'' account shall be subject to the reservation
under this section: Provided further, That any funds reserved
under this section shall be available through September 30,
2025: Provided further, That if, under any other provision of
law, funds are authorized to be reserved or used for evaluation
activities with respect to a program or project, the Secretary
may also reserve funds for such program or project for the
purposes described in this section so long as the total
reservation of funds for such program or project does not
exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial
obligation of funds reserved under this section, the Secretary
shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Health,
Education, Labor and Pensions of the Senate, and the Committee
on Education and Labor of the House of Representatives a plan
that identifies the source and amount of funds reserved under
this section, the impact on program grantees if funds are
withheld for the purposes of this section, and the activities
to be carried out with such funds.
Sec. 311. In addition to amounts otherwise appropriated by
this Act under the heading ``Innovation and Improvement'' for
purposes authorized by the Elementary and Secondary Education
Act of 1965, there are hereby appropriated an additional
$200,443,000 which shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division 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 for such
projects shall be subject to section 302 of this Act.
(including transfer of funds)
Sec. 312. Of the amounts appropriated in this Act for
``Institute of Education Sciences'', $19,000,000 shall be
available for the Secretary of Education (``the Secretary'') to
provide support services to the Institute of Education Sciences
(including, but not limited to information technology services,
lease or procurement of office space, human resource services,
financial management services, financial systems support,
budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants
administration and policy, and enterprise risk management):
Provided, That the Secretary shall calculate the actual amounts
obligated and expended for such support services by using a
standard Department of Education methodology for allocating the
cost of all such support services: Provided further, That the
Secretary may transfer any amounts available for IES support
services in excess of actual amounts needed for IES support
services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account:
Provided further, That in order to address any shortfall
between amounts available for IES support services and amounts
needed for IES support services, as so calculated, the
Secretary may transfer necessary amounts to the ``Institute of
Education Sciences'' account from the ``Program
Administration'' account: Provided further, That the Committees
on Appropriations of the House of Representatives and the
Senate are notified at least 14 days in advance of any transfer
made pursuant to this section.
Sec. 313. The Education Amendments Act of 1972 is amended by
striking section 802.
(rescission)
Sec. 314. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $360,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2023''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ``the Committee'') established under section 8502 of
title 41, United States Code, $13,124,000: Provided, That in
order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform requirements of the Committee as prescribed under
section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such agreement
shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement shall
include the elements listed under the heading ``Committee For
Purchase From People Who Are Blind or Severely Disabled--
Written Agreement Elements'' in the explanatory statement
described in section 4 of Public Law 114-113 (in the matter
preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge
a fee under section 51-3.5 of title 41, Code of Federal
Regulations, prior to executing a written agreement with the
Committee: Provided further, That no less than $3,150,000 shall
be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $975,525,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this heading:
(1) up to 1 percent of program grant funds may be used to
defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $19,538,000 shall be
available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (3) $37,735,000 shall be available to carry out subtitle E
of the 1990 Act; and (4) $8,558,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $230,000,000, to remain
available until expended: Provided, That CNCS may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public
notice and comment rulemaking. For fiscal year 2023, during any
grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person
other than an officer or employee of CNCS that is authorized by
CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals
who are veterans as defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such
section shall be considered ``qualified entities''
under section 3 of the National Child Protection Act of
1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community
Service established pursuant to section 178 of the 1990
Act, are authorized to receive criminal history record
information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education
award having a value of 70 percent of the value of a national
service education award determined under section 147(a) of the
Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2025, $535,000,000: Provided,
That none of the funds made available to CPB by this Act shall
be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program or
activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to CPB by this Act shall
be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure and
efficiencies within the public media system, $60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$53,705,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall
be credited to and merged with this account, and shall remain
available until expended: Provided further, That fees for
arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States
gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996
and the National Museum of African American History and Culture
Act, $294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,824,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $299,224,000: Provided,
That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used
in connection with investigations, hearings, directives, or
orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations
Board may be used to issue any new administrative directive or
regulation that would provide employees any means of voting
through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized
under section 15(d) of the Railroad Retirement Act of 1974,
$9,000,000, which shall include amounts becoming available in
fiscal year 2023 pursuant to section 224(c)(1)(B) of Public Law
98-76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to
the amount by which the product of recipients and the average
benefit received exceeds the amount available for payment of
vested dual benefits: Provided, That the total amount provided
herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2024, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $128,000,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided,
That notwithstanding section 7(b)(9) of the Railroad Retirement
Act this limitation may be used to hire attorneys only through
the excepted service: Provided further, That the previous
proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act,
this limitation may be used to hire students attending
qualifying educational institutions or individuals who have
recently completed qualifying educational programs using
current excepted hiring authorities established by the Office
of Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$14,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social
Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $48,609,338,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000
shall be available for research and demonstrations under
sections 1110, 1115, and 1144 of the Social Security Act, and
remain available through September 30, 2025.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2024,
$15,800,000,000, to remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$13,985,978,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That not
less than $2,700,000 shall be for the Social Security Advisory
Board: Provided further, That $55,000,000 shall remain
available through September 30, 2024, for activities to address
the disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2023 not needed for fiscal year 2023 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in
the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,784,000,000, to remain
available through March 31, 2024, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of
the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of a concurrent resolution on the
budget in the Senate, and $1,511,000,000 is additional new
budget authority specified for purposes of a concurrent
resolution on the budget in the Senate and section 1(i) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided further, That, of the
additional new budget authority described in the preceding
proviso, up to $15,100,000 may be transferred to the ``Office
of Inspector General'', Social Security Administration, for the
cost of jointly operated co-operative disability investigation
units: Provided further, That such transfer authority is in
addition to any other transfer authority provided by law:
Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002: Provided further,
That none of the funds described in this paragraph shall be
available for transfer or reprogramming except as specified in
this paragraph.
In addition, $140,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that the
amounts collected pursuant to such sections in fiscal year 2023
exceed $140,000,000, the amounts shall be available in fiscal
year 2024 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, $32,000,000, together with not to exceed $82,665,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund: Provided, That $2,000,000 shall remain
available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
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. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111-
148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or
future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal
consumer product, including its sale or marketing, including
but not limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. 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, including but not limited to State and local governments
and recipients of Federal research grants, 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. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
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 appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) 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 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 or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
(b) 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 in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction 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 Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be used
to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2023
that are different than those specified in this Act, the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) or the fiscal
year 2023 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department
on a non-competitive basis during each quarter of fiscal year
2023, but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a
non-competitive basis. Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for
which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 519. None of the funds appropriated by this Act may be
used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
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, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12 dated
May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be
considered independent agencies; and
(2) attendance at and support for scientific
conferences shall be tabulated separately from and not
included in agency totals.
Sec. 522. 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 United States
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. 523. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to 10
Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law
113-76, except that in carrying out such Pilots section 526
shall be applied by substituting ``Fiscal Year 2023'' for
``Fiscal Year 2014'' in the title of subsection (b) and by
substituting ``September 30, 2027'' for ``September 30, 2018''
each place it appears: Provided, That such pilots shall include
communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public Law
114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division A of Public Law 116-94, section 524 of division H of
Public Law 116-260, and section 523 of division H of Public Law
117-103.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal year
2023 the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide
the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human
Services, and Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the discretion
of such Departments not less than 3 full business days before
any entity selected to receive a grant award is announced by
the Department or its offices (other than emergency response
grants at any time of the year or for grant awards made during
the last 10 business days of the fiscal year, or if applicable,
of the program year).
Sec. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of any
illegal drug: Provided, That such limitation does not apply to
the use of funds for elements of a program other than making
such purchases if the relevant State or local health
department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk
for, a significant increase in hepatitis infections or an HIV
outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
Sec. 527. Each department and related agency funded through
this Act shall provide answers to questions submitted for the
record by members of the Committee within 45 business days
after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$14,628,000,000 shall not be available for obligation in this
fiscal year.
Sec. 529. (a) This section applies to: (1) the Administration
for Children and Families in the Department of Health and Human
Services; and (2) the Chief Evaluation Office and the
statistical-related cooperative and interagency agreements and
contracting activities of the Bureau of Labor Statistics in the
Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in
subsection (a) for research, evaluation, or statistical
purposes shall be available for obligation through September
30, 2027: Provided, That when an office referenced in
subsection (a) receives research and evaluation funding from
multiple appropriations, such offices may use a single Treasury
account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement may be deobligated and shall immediately become
available and may be reobligated in that fiscal year or the
subsequent fiscal year for the research, evaluation, or
statistical purposes for which such amounts are available.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division H 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 S8874 of
Book II.
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DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
The explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise
noted, the language set forth in House Report 117-403 carries
the same weight as 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.
In providing the operating plan required by section 516 of
this Act, the departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 117-403 and this explanatory
statement accompanying this Act. All such programs, projects,
and activities are subject to the provisions of this Act.
In cases where House Report 117-403 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Labor, Health and
Human Services, Education, and Related Agencies and the Senate
Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies.
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. Funds for
individual programs and activities are displayed in the
detailed table at the end of the explanatory statement
accompanying this Act. Funding levels that are not displayed in
the detailed table are identified within this explanatory
statement. Any action to eliminate or consolidate programs,
projects, and activities should be pursued through a proposal
in the President's Budget so it can be considered by the
Committees on Appropriations.
Congressional Reports.--Each department and agency is
directed to provide the Committees on Appropriations, within 30
days from the date of enactment of this Act and quarterly
thereafter, a summary describing each requested report to the
Committees on Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
Advanced Robotics Manufacturing.--The agreement recognizes
the need for workforce training and certificate programs
targeting collaborative robotics and additive manufacturing,
with an emphasis on programs that re-skill incumbent
manufacturing workers.
Occupational Licensing.--The agreement is encouraged by
progress made through the Department's efforts to incentivize
States to reduce barriers to entry into licensed occupations
and increase license portability to facilitate mobility of
workers in such occupations, with an emphasis on transitioning
service members, veterans, and military spouses. The agreement
directs the Department to submit a report within 180 days of
the date of enactment of this Act detailing the resources
needed to continue providing technical assistance to States and
relevant organizations.
Skilled Care Workforce.--The agreement urges the Employment
and Training Administration (ETA), in collaboration with the
Department of Health and Human Services, to support the
expansion of the skilled care workforce to care for a rapidly
aging U.S. population and provide home and community-based
services to older adults and people with disabilities,
including through education and training grant programs, as
well as traditional and nontraditional apprenticeship programs.
Water and Wastewater Operators.--The agreement is concerned
by the nationwide shortage of water and wastewater operators,
particularly in rural areas, and urges the Secretary to make
funding available through workforce development and
apprenticeship activities consistent with National Guideline
Standards of Apprenticeship for Water and Wastewater System
Operations Specialists and the Workforce Innovation and
Opportunity Act system.
Wireless Infrastructure.--The agreement encourages the
Department to continue investments in the development of the
wireless infrastructure workforce, including apprenticeships in
the wireless sector.
Dislocated Worker National Reserve
Career Pathways for Youth Grants.--The agreement includes
$20,000,000 for grants to support national out-of-school time
organizations that serve youth and teens and place an emphasis
on age-appropriate workforce readiness programming to expand
job training and workforce pathways for youth and disconnected
youth.
Strengthening Community College Training Grants (SCCTG).--
The agreement provides $65,000,000 for the SCCTG program.
Workforce Opportunity for Rural Communities.--The agreement
provides $50,000,000 for the Workforce Opportunity for Rural
Communities program, to provide enhanced worker training in the
Appalachian, Delta, and Northern Border regions. The Department
is strongly encouraged to develop funding opportunity
announcements and make grant awards in coordination with the
Appalachian Regional Commission (ARC), Delta Regional Authority
(DRA), and Northern Border Regional Commission (NBRC), and each
award shall not exceed $1,500,000. Within the total, the
agreement includes $21,750,000 for grants in areas served by
the ARC; $21,750,000 for areas served by the DRA, and
$6,500,000 for areas served by the NBRC.
YouthBuild
The Department is encouraged to ensure YouthBuild grants
serve geographically diverse areas, including rural areas.
Reintegration of Ex-Offenders
The agreement includes a set-aside of $30,000,000 for
competitive grants to national and regional intermediaries and
encourages the Department to prioritize grants to national
intermediaries and community-based organizations with
recognized expertise and nationwide employer partners that will
serve populations with multiple barriers to employment and
provide wrap-around services to the individuals served.
Apprenticeship Grant Program
The agreement provides $285,000,000 to support registered
apprenticeships.
The agreement directs the Department to provide semiannual
briefings to the Committees on all spending activities.
Community Project Funding/Congressionally Directed Spending
The agreement includes $217,324,000 for the projects, and
in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included in
this explanatory statement accompanying this division.
JOB CORPS
Atlanta Job Corps Center.--The agreement directs the
Department to provide a briefing within 90 days of enactment of
this Act on plans to reopen the Atlanta Job Corps Center.
Civilian Conservation Centers.-- The agreement directs the
Department to prioritize the development of new natural
resource and conservation trade offerings, particularly focused
on wildland firefighting and emergency response, and to include
information in its fiscal year 2024 Congressional Justification
on such efforts including any potential barriers to introducing
such new trades.
Gulfport Job Corps Center.--The agreement requests
quarterly updates regarding progress on the Gulfport Job Corps
Center project.
Job Corps Rural Training Sites.--The agreement encourages
the Department to enhance opportunities for students in
underserved or remote communities through partnerships between
high quality center operators and existing rural training
sites.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
Unemployment Insurance Compensation
The agreement includes $3,134,635,000 for Unemployment
Insurance Compensation activities, an increase of $283,819,000,
for additional resources for States to increase staffing
capacity and to accommodate sustained increases in workload.
Employment Service
National Activities.--The agreement includes $2,500,000 to
continue efforts to reduce the processing backlog for the work
opportunity tax credit program and for assisting States to
modernize information technology for processing certification
requests, which may include training and technical assistance.
Consistent with the effort to modernize information technology
for processing, the agreement supports compatible rules across
States. Further, the agreement recognizes that processing
requests for remote workers may best be accomplished in the
State where the workers reside and not where the employer is
located.
Foreign Labor Certification
The agreement recognizes the importance of the H-2B program
and urges the Department to take all necessary and appropriate
steps to ensure prompt processing of H-2B visa applications.
The agreement also directs the Department to provide a report
within 180 days of enactment of this Act detailing the
percentage of applications requesting temporary labor
certifications under the H-2B visa classification that are not
issued a final decision by the Department by the employer's
original anticipated start date of work.
Occupational Safety and Health Administration
The agreement requests a briefing within 180 days of
enactment of this Act on safety and health efforts of
individuals working in agriculture.
Bureau of Labor Statistics
The agreement includes $10,000,000 in additional funds for
the Bureau of Labor Statistics (BLS), which will allow BLS to
implement the National Longitudinal Survey of Youth (NLSY)
without reducing or eliminating existing statistical work or
reducing the number of full-time equivalent positions below the
fiscal year 2022 ceiling.
The agreement includes sufficient resources to maintain and
expand the NLSY, including with continued work to develop the
new NLSY cohort. Specifically, the agreement provides
$14,500,000 to continue planning and developing the new NLSY
cohort established by the Further Consolidated Appropriations
Act, 2020 and maintained in the last two fiscal years. The
agreement notes that fiscal year 2023 amounts for the new
cohort align with budgeted levels provided by BLS in a five-
year plan transmitted to the Committees in fiscal year 2021.
BLS shall complete all necessary work in fiscal year 2023 for
the new cohort that was outlined in its five-year plan and
shall not use any allocated resources for NLSY in this
agreement for any other purpose. Further, BLS is directed to
support the continued fielding of the NLSY79 and NLSY97 cohorts
and shall refrain from implementing any reductions to either
survey.
Within 90 days of enactment of this Act, BLS shall brief
the Committees on its plans for executing these directives and
carrying out its implementation of the new NLSY cohort five-
year plan without delay.
Within 30 days of enactment of this Act, BLS is directed to
brief the Committees on its use of resources provided for a
relocation to the Suitland Federal Center.
Departmental Management
Federal Law Enforcement.--The agreement notes that the
explanatory statement accompanying the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2022 directs
the Attorney General to ensure implementation of evidence-based
training programs on de-escalation and the use-of-force, as
well as on police community relations, and the protection of
civil rights, that are broadly applicable and scalable to all
Federal law enforcement agencies. The agreement further notes
that several agencies funded by this Act employ Federal law
enforcement officers and are Federal Law Enforcement Training
Centers partner organizations. The agreement directs such
agencies to consult with the Attorney General regarding the
implementation of these programs for their law enforcement
officers. The agreement further directs such agencies to submit
a report to the Committees on Appropriations on their efforts
relating to such implementation no later than 180 days after
consultation with the Attorney General. In addition, the
agreement directs such agencies, to the extent that they are
not already participating, to consult with the Attorney General
and the Director of the FBI regarding participation in the
National Use-of-Force Data Collection. The agreement further
directs such agencies to submit a report to the Committees on
Appropriations, no later than 180 days after enactment of this
Act, on their efforts to so participate.
General Provisions
The agreement modifies a provision related to the Treasure
Island Job Corps Center.
The agreement modifies a provision related to H-1B fees.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration (HRSA)
PRIMARY HEALTH CARE
Health Centers
Alcee L. Hastings Program for Advanced Cancer Screening in
Underserved Communities.--The agreement includes no less than
$10,000,000 for this activity and encourages HRSA to use the
additional funding to award grants to approved but unfunded
applicants from the fiscal year 2022 notice of funding
opportunity.
Children's Mental Health Services.--The agreement continues
to urge HRSA to provide funding to Health Centers to support
vital mental health services for children.
Early Childhood Development.--The agreement includes no
less than $30,000,000 to expand and further integrate early
childhood development services and expertise, including by
hiring or contracting for early childhood development
specialists, as described in House Report 117-403 and the
fiscal year 2023 budget request.
Ending the HIV Epidemic.--The agreement includes
$157,250,000 within the Health Centers program for the Ending
the HIV Epidemic Initiative.
HRSA Strategy to Address Intimate Partner Violence and
Project Catalyst.--The agreement includes no less than
$2,000,000 for this activity.
Native Hawaiian Health Care.--The agreement includes no
less than $27,000,000 for the Native Hawaiian Health Care
Program, of which not less than $10,000,000 shall be provided
to Papa Ola Lokahi for administrative purposes authorized under
42 U.S.C. 11706, including to expand research and surveillance
related to the health status of Native Hawaiians and strengthen
the capacity of the Native Hawaiian Health Care Systems.
School-Based Health Centers.--The agreement includes
$55,000,000 for school-based health centers authorized under
section 330 of the Public Health Service (PHS) Act, as directed
in P.L. 116-260.
Technical Assistance.--The agreement provides no less than
$2,500,000 to enhance technical assistance and training
activities, further quality improvement initiatives, and
continue the development of and support for Health Center-
controlled networks so that new and existing centers can
improve patient access to quality health services.
The agreement does not include dedicated funding for the
Integrating High-Quality Contraceptive Care activity described
in House Report 117-403.
HEALTH WORKFORCE
Addressing Workforce Shortages.--The agreement supports
HRSA's efforts to develop the workforce needed to care for a
rapidly aging U.S. population. The agreement encourages HRSA to
address the skilled care workforce needs of seniors through
existing workforce education and training programs.
Language Access in Behavioral Health Services.--The
agreement notes that racial and ethnic minority communities
continue to face acute challenges accessing behavioral health
services, including within health centers, due to the lack of
providers who speak their language or understand their culture.
Specifically, the agreement recognizes that these health
centers serve a higher percentage of persons with limited
English proficiency (LEP) as a direct result of their mission.
The agreement encourages HRSA to assess the need for and
provision of language services and culturally and
linguistically competent health care in these health centers,
in an effort to further improve practitioner recruitment and
retention and increase language access to behavioral health
services.
National Health Service Corps (Corps)
Maternity Care Target Areas (MCTAs).--The agreement
includes $5,000,000, an increase of $4,000,000 above the fiscal
year 2022 enacted level, within the Corps to implement
requirements contained in the Improving Access to Maternity
Care Act, including establishing criteria for and identifying
MCTAs and collecting and publishing data on the availability
and need for maternity care health services in Health
Professional Shortage Areas.
NHSC Loan Repayment Application Process.--The agreement
requests the report that was requested in House Report 117-403
within 180 days of enactment of this Act.
The agreement does not include dedicated funding for the
Behavioral Health Demonstration Program and the Rural
Demonstration Program described in House Report 117-403.
Scholarships for Disadvantaged Students
Midwife Training.--The agreement includes $5,000,000 to
support grants to educate midwives to address the national
shortage of maternity care providers.
Primary Care Training and Enhancement
Eating Disorders Screening and Referrals.--The agreement
includes up to $1,000,000, in coordination with SAMHSA's Center
of Excellence for Eating Disorders, to provide trainings for
primary care health professionals to screen, briefly intervene,
and refer patients to treatment for the severe mental illness
of eating disorders, as authorized under section 13006 of the
21st Century Cures Act (P.L. 114-255).
Training in Oral Health Care
The agreement provides $42,673,000 for Training in Oral
Health Care programs, which includes not less than $13,000,000
each for general and pediatric dentistry.
Area Health Education Centers (AHECs)
The agreement provides $47,000,000 for this activity, an
increase of $2,000,000 above the fiscal year 2022 enacted
level. Within the total, the agreement includes no less than
$3,000,000 to continue competitive grants for AHEC recipients
to expand experiential learning opportunities through
simulation labs designed to educate and train health care
professionals serving rural, medically underserved communities.
HRSA shall include as an allowable use the purchase of
simulation training equipment.
Mental and Behavioral Health
Graduate Psychology Education.--The agreement includes
$25,000,000 for this activity.
Behavioral Health Workforce Education and Training
Mental and Substance Use Disorder Workforce Training
Demonstration.--The agreement includes $34,700,000 for this
activity. Within the total, the agreement includes $25,000,000
for the Addiction Medicine Fellowship Program to foster robust
community-based clinical training of addiction medicine or
addiction psychiatry physicians in underserved, community-based
settings who see patients at variousaccess points of care and
provide addiction prevention, treatment, and recovery services across
health care sectors.
Peer Support.--The agreement includes no less than
$14,000,000 for community-based experiential training for
students preparing to become peer support specialists and other
types of behavioral health-related paraprofessionals, as
described in House Report 117-403.
Substance Use Disorder Treatment and Recovery (STAR) Loan
Repayment Program.--The agreement includes $40,000,000 for this
program.
The agreement does not include dedicated funding for
Behavioral Health Integration into Community Based Settings,
the Community Improvement Program, and Crisis Workforce
Development activities described in House Report 117-403.
Public Health and Preventive Medicine
The agreement includes an increase of $500,000 for the
Preventive Medicine Residency Training Program and an increase
of $500,000 for Public Health Training Centers.
Advanced Nursing Education
Certified Nurse Midwives (CNMs).--The agreement includes
$8,000,000 to grow and diversify the maternal and perinatal
health nursing workforce by increasing and diversifying the
number of CNMs, with a focus on practitioners working in rural
and underserved communities. The program will award
scholarships to students and registered nurses to cover the
total cost of tuition for the duration of the nurse midwifery
program.
Sexual Assault Nurse Examiners Program.--The agreement
includes $15,000,000, an increase of $2,000,000 above the
fiscal year 2022 enacted level, to expand training and
certification of registered nurses, advanced practice
registered nurses, and forensic nurses to practice as sexual
assault nurse examiners.
Nurse Education, Practice, Quality and Retention (NEPQR)
The agreement includes $59,413,000 for competitive grants
within the NEPQR program. Within this total, the agreement
provides $10,750,000, an increase of $5,000,000 above the
fiscal year 2022 enacted level, to expand competitive grants to
enhance nurse education through the expansion of experiential
learning opportunities. The grants shall include as an
allowable use the purchase of simulation training equipment.
HRSA shall prioritize grantees with a demonstrated commitment
to training rural health professionals in States with high
rates of chronic age-related illness, including stroke, heart
disease, and chronic obstructive pulmonary disease.
MATERNAL AND CHILD HEALTH
Maternal and Child Health Block Grant Special Projects of Regional and
National Significance (SPRANS)
Early Childhood Development Expert Grants.--The agreement
includes $10,000,000 to place early childhood development
experts in pediatric settings, as described in House Report
117-403.
Hereditary Hemorrhagic Telangiectasia Centers of
Excellence.--The agreement continues to include $2,000,000 for
this activity.
Infant-Toddler Court Teams.--The agreement includes
$18,000,000 for Infant-Toddler Court Teams, as described in
House Report 117-403.
Maternal Mental Health Hotline.--The agreement includes
$7,000,000 to provide grants, contracts, or cooperative
agreements to expand support for a maternal mental health
hotline.
National Fetal Infant and Child Death Review (FICDR).--The
agreement includes $5,000,000 for the national FICDR program to
expand support and technical assistance to States and tribal
communities and improve the availability of data on sudden
unexpected infant deaths and child mortality.
Minority-Serving Institutions.--The agreement includes
$10,000,000 to establish a research network that is comprised
of and supports minority-serving institutions to study health
disparities in maternal health outcomes, as described in the
fiscal year 2023 budget request.
Regional Pediatric Pandemic Network.--The agreement
provides $25,000,000 for the Regional Pediatric Pandemic
Network to coordinate among the Nation's pediatric hospitals
and their communities to prepare for and coordinate research-
informed responses to future pandemics. With the increase
provided, HRSA is directed to achieve parity in the two
awardees' funding levels.
State Maternal Health Innovation Grants.--The agreement
includes $55,000,000 for this activity.
The agreement does not include dedicated funding for the
following activities described in House Report 117-403:
Addressing Emerging Issues and Social Determinants of Maternal
Health, Behavioral Health Integration into Community Based
Settings, Bias Recognition in Clinical Skills Testing, Bias
Training for Health Care Professionals, Group Prenatal and
Postpartum Care Programs, and Growing and Diversifying the
Doula Workforce.
Set-asides within SPRANS.--The agreement includes the
following set-asides within SPRANS. Within the total for Oral
Health, the agreement includes $250,000 for demonstration
projects.
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Set-aside for Oral Health............................... $5,250,000
Set-aside for Epilepsy.................................. 3,642,000
Set-aside for Sickle Cell Disease....................... 7,000,000
Set-aside for Fetal Alcohol Syndrome.................... 1,000,000
------------------------------------------------------------------------
Maternal and Child Health Programs
Autism and Other Developmental Disorders
Leadership Education in Neurodevelopmental and Related
Disabilities Program (LEND).--The agreement includes not less
than $38,245,000 for this activity.
Heritable Disorders
Severe Combined Immune Deficiency (SCID).--The agreement
includes $4,000,000 to support newborn screening and follow-up
for SCID and other newborn screening disorders.
Healthy Start
The agreement includes $145,000,000 to support this
program, including funds to support a new targeted expansion of
an enhanced Healthy Start program model to approximately 10 new
communities, as described in the fiscal year 2023 budget
request.
Maternal Mortality.--The agreement continues to provide no
less than $15,000,000 for Healthy Start grantees to support
nurse practitioners, certifiednurse midwives, physician
assistants, and other maternal-child advanced practice health
professionals within all program sites nationwide.
Early Hearing Detection and Intervention (EHDI)
The agreement recognizes the requirement under the PHS Act
for EHDI funds to support prompt evaluation and diagnosis of
children referred from screening programs and appropriate
educational, audiological, medical, and communication (or
language acquisition) interventions (including family support),
for children identified as deaf or hard-of-hearing. The
agreement encourages HRSA to provide the most accurate,
comprehensive, up-to-date, and evidence-based information to
children identified as deaf or hard-of-hearing and their
families. The agreement also encourages HRSA to work with
partners to advance awareness about the wide range of
modalities available for children who are deaf and hard of
hearing, including but not limited to auditory-oral therapy,
auditory-verbal therapy, Signed Exact English (SEE), American
Sign Language (ASL), Total Communication (TC), and Cued Speech;
as well as a full range of assistive hearing technologies, such
as hearing aids and cochlear implants.
Poison Control Centers (PCCs)
The agreement provides $26,846,000, an increase of
$1,000,000 above the fiscal year 2022 enacted level, for PCCs.
The agreement directs HRSA to provide increased funds directly
to the PCCs and requests a spend plan for the funds within 30
days of enactment of this Act. The agreement also requests an
update within 30 days of enactment of this Act on the status of
efforts to work with the Federal Communications Commission to
address the geolocation needs for incoming calls.
Alliance for Innovation in Maternal Health Safety Bundles
The agreement includes $15,300,000 for this activity,
authorized in section 330O of the PHS Act.
Pregnancy Medical Home Demonstration
The agreement includes $10,000,000 to support a
demonstration to incentivize maternal health care providers to
provide integral health care services to pregnant women and new
mothers, as authorized in section 330P of the PHS Act.
RYAN WHITE HIV/AIDS PROGRAM
Ending the HIV Epidemic.--The agreement includes
$165,000,000 within the Ryan White program for the Ending the
HIV Epidemic initiative.
HEALTH SYSTEMS
Organ Transplantation
Living Organ Donation Reimbursement Program.--The agreement
supports significant expansion of income eligibility for the
program to allow as many donors as possible to qualify for
reimbursement.
The agreement supports HHS' efforts to increase
transparency and promote competition regarding Organ
Procurement Organizations (OPOs) and the Organ Procurement
Transplantation Network (OPTN), as described in House Report
117-403.
C.W. Bill Young Cell Transplantation Program
The agreement provides $33,009,000 for the C.W. Bill Young
Cell Transplantation Program and requests a detailed spend plan
within 30 days of enactment of this Act.
National Cord Blood Inventory (NCBI)
To further strengthen communication and collaboration
between HRSA and its contracted cord blood banks, the agreement
directs HRSA to host quarterly stakeholder calls open to all
cord blood banks contracting with HRSA to build the NCBI, as
described in House Report 117-403.
RURAL HEALTH
Rural Health Outreach
Delta States Rural Development Network Grant Program.--The
agreement includes not less than $27,000,000 for the Delta
States Rural Development Network Grant Program and the Delta
Region Community Health Systems Development Program. In
addition, of the funds provided, the agreement provides not
less than $15,000,000 to support HRSA's collaboration with the
Delta Regional Authority (DRA) to continue the Delta Region
Community Health Systems Development Program to help
underserved rural communities better address their health care
needs. Within 90 days of enactment of this Act, the agreement
directs HRSA and DRA to jointly brief the Committees on this
program's progress.
Northern Border Regional Grant Program.--The agreement
provides no less than $3,000,000 for HRSA's collaboration with
the Northern Border Regional Commission (NBRC) to provide
direct support to member States to help underserved rural
communities with planning and implementing service coordination
improvements that better population health.
Rural Maternity and Obstetrics Management Strategies
(RMOMS).--The agreement includes $8,000,000 for RMOMS.
Rural Hospital Flexibility Grants
Rural Emergency Hospital Technical Assistance Program.--The
agreement includes no less than $5,000,000 for this activity.
Rural Residency Planning and Development
The agreement provides $12,500,000 for the Rural Residency
Planning and Development program. This includes $2,000,000 to
increase family medicine/obstetrics training programs in States
with high infant morbidity and mortality rates. HRSA is
directed to brief the Committees on their plans no less than 15
days prior to releasing a funding opportunity announcement.
Rural Communities Opioids Response Program (RCORP)
The agreement includes $145,000,000, an increase of
$10,000,000, to expand RCORP. Within the funding provided, the
agreement includes $10,000,000 to continue the three Rural
Centers of Excellence (Centers), as established by P.L. 115-245
and continued through P.L. 116-260 and 117-103. Funding
provided to the Centers may also be used for research and
dissemination activities to address rural tobacco and alcohol
addiction. Within the total for RCORP, the agreement also
includes $4,000,000 to support career and workforce training
services for the NBRC region to assist individuals affected by
an opioid use disorder.
FAMILY PLANNING
The Family Planning program administers Title X of the PHS
Act. This program supports preventive and primary health care
services at clinics nationwide. The agreement does not include
language proposed by the House.
HRSA-Wide Activities and Program Support
Oral Health Literacy.--The agreement includes $300,000 for
the activity described under this heading in House Report 117-
403.
Community Projects/Congressionally Directed Spending.--
Within the funds included in this account, $1,521,681,000 shall
be for the Community Project Funding/Congressionally Directed
Spending projects, and in the amounts, as specified in the
table included in this explanatory statement accompanying this
division.
Office of Pharmacy Affairs
In lieu of the report requested in House Report 117-403,
the agreement directs HRSA to provide a briefing within 120
days of enactment of this Act on actions taken to safeguard
covered entities' lawful access to discounted drugs.
Telehealth
Telehealth Centers of Excellence (COE).--The agreement
includes $8,500,000 for the Telehealth COE awarded sites.
Provider Bridge.--The agreement includes $500,000 to
continue the development of the Provider Bridge as part of the
Licensure Portability Grant Program.
Centers for Disease Control and Prevention
The agreement provides $9,217,590,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $8,258,932,000 in budget
authority and $903,300,000 in transfers from the Prevention and
Public Health (PPH) Fund.
IMMUNIZATION AND RESPIRATORY DISEASES
The agreement provides a total of $919,291,000 for
Immunization and Respiratory Diseases, which includes
$499,941,000 in discretionary appropriations and $419,350,000
in transfers from the PPH Fund. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Section 317 Immunization Program........................ $681,933,000
Acute Flaccid Myelitis.................................. 6,000,000
Influenza Planning and Response......................... 231,358,000
------------------------------------------------------------------------
317 Immunization Program.--The agreement includes an
increase to enhance immunization efforts, including increasing
awardee base awards with a focus on expanding and sustaining
critical immunization program infrastructure and promoting
routine vaccination. CDC is expected to use this funding to
promote health equity related to protection from vaccine
preventable diseases, as well as address vaccine hesitancy. In
expanding existing immunization infrastructure, CDC is directed
to implement new strategies for hard-to-reach populations, such
as those who may be vaccine-hesitant, those who are members of
racial or ethnic minority groups, and those who are underserved
due to socioeconomic or other reasons. The agreement urges CDC
to prioritize and to allocate resources to engage providers,
healthcare stakeholders, educators, community organizations,
and families on the importance of ensuring that all individuals
receive their recommended routine vaccinations. The agreement
also requests CDC provide the Committees an update on the
achievements of the ongoing ``Vaccinate with Confidence''
campaign and the rate of routine vaccination across all ages,
as well as a forward-looking plan to administer missed doses.
CDC should include in the plan recommendations about what other
tools it could employ to promote health equity.
Influenza Planning and Response.--The agreement includes an
increase to enhance CDC's influenza activities.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The agreement provides $1,391,056,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
Budget Activity FY 2023 Agreement
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............ $1,013,712,000
HIV Initiative....................................... 220,000,000
School Health-HIV.................................... 38,081,000
Viral Hepatitis...................................... 43,000,000
Sexually Transmitted Infections...................... 174,310,000
Tuberculosis......................................... 137,034,000
Infectious Diseases and the Opioid Epidemic.......... 23,000,000
------------------------------------------------------------------------
Ending the HIV Epidemic (EHE) Initiative.--The agreement
includes an increase to advance the activities of EHE,
including increasing equitable access to pre-exposure
prophylaxis (PrEP).
Infectious Diseases and the Opioid Epidemic.--The agreement
includes an increase for activities as outlined in House Report
117-403. In addition, the agreement strongly encourages CDC to
prioritize jurisdictions with the highest age-adjusted
mortality rate related to substance use disorders and acute
hepatitis C infection. CDC is also strongly encouraged to
prioritize jurisdictions that are experiencing high rates of
new HIV infections or outbreaks or emerging clusters of
infectious diseases associated with drug use, including those
not eligible for EHE funding.
School Health.--The agreement includes an increase for the
expansion of school health activities.
Sexually Transmitted Infections (STIs).--The agreement
includes an increase for STI prevention and control activities
in public health programs, and CDC is directed to move the
grant year forward by at least one month.
Tuberculosis (TB).--The agreement includes an increase to
advance TB elimination efforts.
Viral Hepatitis.--The agreement includes an increase to
advance efforts to eliminate viral hepatitis.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The agreement provides $750,772,000 for Emerging and
Zoonotic Infectious Diseases, which includes $698,772,000 in
discretionary appropriations and $52,000,000 in transfers from
the PPH Fund. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Antibiotic Resistance Initiative........................ 197,000,000
Vector-Borne Diseases................................... 62,603,000
Lyme Disease............................................ 26,000,000
Prion Disease........................................... 7,500,000
Chronic Fatigue Syndrome................................ 5,400,000
Emerging Infectious Diseases............................ 202,997,000
Harmful Algal Blooms.................................... 3,500,000
Food Safety............................................. 71,000,000
National Healthcare Safety Network...................... 24,000,000
Quarantine.............................................. 58,772,000
Advanced Molecular Detection............................ 40,000,000
Epidemiology and Lab Capacity........................... 40,000,000
Healthcare-Associated Infections........................ 12,000,000
------------------------------------------------------------------------
Advanced Molecular Detection (AMD).--The agreement includes
an increase to bolster genomic epidemiology expertise and
capacity. The agreement requests a status update on how funding
provided in the American Rescue Plan Act (P.L. 117-2) and in
fiscal year 2022 appropriations have increased capabilities at
public health departments in the fiscal year 2024 Congressional
Justification.
Antimicrobial and Antibiotic Resistance (AR).--The
agreement includes an increase for activities and directives
outlined in House Report 117-403. In addition, CDC is directed
to improve data collection and increase support for U.S. health
departments to detect, contain, and prevent AR infections and
increase collaborative efforts at the international, national,
regional, State, tribal, and local levels. Finally, the
agreement directs CDC to work with other HHS agencies to
provide an annual briefing described under the section of the
explanatory statement dealing with the Office of the Secretary
within 30 days of enactment of this Act and every succeeding
annual appropriations Act.
Centers of Excellence in Newcomer Health.--The agreement
notes with concern the underlying physical and mental health
needs of refugees, including those from Afghanistan, which are
often not detected or addressed at basic screenings at the time
of resettlement. The agreement urges CDC to expand the number
of Centers of Excellence in Newcomer Health, giving preference
to applicants from communities with a large number of Afghan
and other refugees. Finally, the agreement encourages CDC to
make geographic diversity a priority when making awards.
Emerging Infectious Diseases.--The agreement includes an
increase for emerging infectious disease work. In addition,
recognizing the important role wastewater testing plays for our
Nation's biosecurity, the agreement encourages CDC to continue
working with States and localities to broaden the scope of
wastewater surveillance capabilities to track COVID-19 and
additional pathogens and to assist with public health data
analysis. The agreement requests information in the fiscal year
2024 Congressional Justification on best practices in
developing wastewater surveillance programs in rural settings
and institutions of higher education, and strategies to
increase participation among State and local governments and
correctional facilities.
Food Safety.--The agreement includes an increase to help
address critical unmet needs.
Harmful Algal Blooms.--The agreement includes an increase
for the activities outlined in House Report 117-403.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement provides an increase in recognition of the importance
of the prevention and control of Lyme disease and related tick-
borne diseases, and encourages CDC to support surveillance and
prevention of Lyme disease and other high consequence tick-
borne diseases in endemic areas as well as areas not yet
considered endemic. The agreement includes funding for CDC's
vector-borne diseases program to expand the programs authorized
under the Kay Hagan Tick Act (P.L. 116-94) to promote a public
health approach to combat rising cases of tick-borne diseases,
including activities directed in House Report 117-403. CDC is
directed to develop and implement methods to improve
surveillance to more accurately report the disease burden,
including through the development of real time data for
reporting Lyme disease and other tick-borne diseases, as well
as a process for estimating the prevalence of Post-Treatment
Lyme Disease Syndrome. CDC is directed to use funding to
improve early diagnosis of Lyme and related tick-borne diseases
to prevent the development of late stage disease and more
serious and long-term disability. CDC is encouraged to
coordinate with the National Institutes of Health (NIH), the
National Institute of Mental Health, and the National Institute
of Neurological Disorders and Stroke on publishing reports that
assess diagnostic advancements, methods for prevention, the
state of treatment, and links between tick-borne disease and
psychiatric illnesses. The agreement urges CDC, in coordination
with NIH, to include in their surveillance the long-term
effects on patients suffering from post-treatment Lyme disease
syndrome, or ``chronic Lyme disease.'' Additionally, given the
impact of Lyme disease and the status of ongoing clinical
trials, the agreement requests a report within 180 days of
enactment of this Act on CDC's research to-date and
recommendations on actions needed to facilitate a successful
Lyme disease vaccine rollout that will build confidence and
encourage uptake should a vaccine be approved by the FDA.
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/
CFS).--The agreement commends CDC for its recent progress in
ME/CFS medical education and its participation in the
Interagency Working Group for ME/CFS. The agreement encourages
CDC to develop a national epidemiological and disease tracking
study of post-infectious syndromes prevalence, specifically the
rates ofpost-acute COVID-19 syndrome and ME/CFS in adults and
children. The agreement urges CDC to strengthen collaboration with 1)
interagency partners, 2) disease experts and stakeholders, and 3) the
NIH's Collaborative Research Centers on study design protocol.
Additionally, the agreement urges CDC to conduct a series of
epidemiological studies into the causes, diagnosis, and risk factors of
ME/CFS. Finally, the agreement urges CDC to engage physicians and
patients in an effort to increase awareness of ME/CFS and disseminate
updated clinical guidance.
Mycotic Diseases.--The agreement provides an increase of
$2,000,000 in Emerging Infectious Diseases for mycotic diseases
and directs CDC to fully utilize its clinical trial partners
and the Mycoses Study Group to address the growing threat from
mycological infection in the United States and around the
world.
National Healthcare Safety Network (NHSN).--The agreement
includes an increase for NHSN and supports the modernization of
the system's infrastructure.
Prion Disease.--The agreement includes an increase to
advance efforts on human prion diseases, including Creutzfeldt-
Jakob Disease, which are rapidly progressive and fatal
neurodegenerative diseases that occur in both humans and
animals, and recognizes the critical work of the National Prion
Disease Pathology Surveillance Center.
Quarantine.--The agreement includes an increase to enhance
programs to protect the U.S. from infectious diseases.
Vector-Borne Diseases.--The agreement includes an increase
for enhanced vector-borne disease activities, including those
outlined in House Report 117-403.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The agreement provides $1,430,414,000 for Chronic Disease
Prevention and Health Promotion, which includes $1,175,464,000
in discretionary appropriations and $254,950,000 in transfers
from the PPH Fund. Within this total, the agreement includes
the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Tobacco................................................. $246,500,000
Nutrition, Physical Activity, and Obesity............... 58,420,000
High Obesity Rate Counties............................ 16,500,000
School Health........................................... 19,400,000
Glaucoma................................................ 4,000,000
Vision and Eye Health................................... 2,500,000
Alzheimer's Disease..................................... 38,500,000
Inflammatory Bowel Disease.............................. 1,500,000
Interstitial Cystitis................................... 1,100,000
Excessive Alcohol Use................................... 6,000,000
Chronic Kidney Disease.................................. 4,500,000
Chronic Disease Education and Awareness................. 4,500,000
Prevention Research Centers............................. 28,961,000
Heart Disease and Stroke................................ 155,105,000
Diabetes................................................ 155,129,000
National Diabetes Prevention Program.................... 37,300,000
Breast and Cervical Cancer.............................. 235,500,000
WISEWOMAN............................................. 34,620,000
Breast Cancer Awareness for Young Women................. 6,960,000
Cancer Registries....................................... 53,440,000
Colorectal Cancer....................................... 44,294,000
Comprehensive Cancer.................................... 22,425,000
Johanna's Law........................................... 11,500,000
Ovarian Cancer.......................................... 14,500,000
Prostate Cancer......................................... 15,205,000
Skin Cancer............................................. 5,000,000
Cancer Survivorship Resource Center..................... 725,000
Oral Health............................................. 20,250,000
Safe Motherhood/Infant Health........................... 108,000,000
Arthritis............................................... 11,000,000
Epilepsy................................................ 11,500,000
National Lupus Registry................................. 10,000,000
Racial and Ethnic Approaches to Community Health (REACH) 68,950,000
Good Health and Wellness in Indian Country............ 24,000,000
Social Determinants of Health........................... 8,000,000
Million Hearts.......................................... 5,000,000
National Early Child Care Collaboratives................ 5,000,000
Hospitals Promoting Breastfeeding....................... 9,750,000
------------------------------------------------------------------------
Alzheimer's Disease.--The agreement provides an increase to
support provisions authorized by the BOLD Infrastructure for
Alzheimer's Act (P.L. 115-406).
Cancer.--The agreement supports the Cancer Moonshot by
providing an increase for every CDC Cancer Program. In addition
to skin cancer discussed separately under this account, the
agreement includes an increase for Breast and Cervical Cancer
for the activities included in House Report 117-403, as well as
increases for Breast Cancer Awareness for Young Women, the
National Program of Cancer Registries, colorectal cancer, the
National Comprehensive CancerControl Program, Johanna's Law,
ovarian cancer, prostate cancer, and the Cancer Survivorship Resource
Center.
Chronic Disease Education and Awareness.--The agreement
includes an increase to expand this competitive grant program
to a variety of chronic diseases not addressed by a specific
National Center for Chronic Disease and Prevention and Health
Promotion program.
Chronic Kidney Disease.--The agreement includes an increase
to advance the activities included in House Report 117-403.
Diabetes.--The agreement includes an increase to enhance
efforts to prevent diabetes and reduce its complications, and
to expand the Diabetes Prevention Program.
Early Child Care Collaboratives.--The agreement provides an
increase for these activities.
Epilepsy.--The agreement provides an increase for epilepsy
activities.
Excessive Alcohol Use.--The agreement includes an increase
for the activities included in House Report 117-403.
Farm-to-School.--The agreement continues $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities promoting healthy eating habits for
students. The agreement intends that these grants support
multi-agency and multi-organizational State farm to early
childhood programs with priority given to entities with
experience running farm to early childhood programs. The
agreement directs CDC to coordinate farm to early childhood
program efforts with the Office of Community Food Systems at
the Department of Agriculture.
Food Allergies.--The agreement includes $2,000,000 for a
school-based effort to address food allergies and reduce
potentially fatal anaphylactic reactions.
Heart Disease and Stroke.--The agreement provides an
increase for heart disease and stroke activities, including
$8,000,000 for implementation of the Cardiovascular Advances in
Research and Opportunities Legacy Act, of which $5,000,000 is
to expand an existing, national sudden cardiac arrest registry
to capture data from all States and $3,000,000 is for heart
valve disease education and awareness. The agreement includes
an increase to strengthen and expand evidence-based heart
disease and stroke prevention activities focused on high risk
populations. The agreement also includes increases for the
WISEWOMAN program to be expanded to additional States and for
the Million Hearts initiative to increase education and
outreach.
High Obesity Rate Counties.--In addition to the directives
outlined in House Report 117-403, the agreement continues to
support land grant universities in partnership with their
cooperative extensions for counties with an obesity prevalence
over 40 percent. CDC grantees are directed to work with State
and local public health departments and other partners to
support measurable outcomes through community and population-
level evidenced-based obesity intervention and prevention
programs. Funded projects should integrate evidence-based
policy, systems, and environmental approaches to better
understand and address the environmental and societal
implications of obesity.
Inflammatory Bowel Disease (IBD).--The agreement includes
an increase to advance IBD efforts.
Lupus.--The agreement provides an increase for activities
to advance public health knowledge about lupus.
Mississippi Delta Health Collaborative (MDHC).--The
agreement encourages CDC to build on its longstanding
investment in MDHC by working to replicate the work in
additional sites while maintaining the current strategy. The
agreement directs CDC to provide an update on these activities
in the fiscal year 2024 Congressional Justification.
Oral Health.--The agreement includes an increase for
efforts to reduce oral disease and provide effective
interventions.
Prevention Research Centers.--The agreement provides an
increase to continue the national network conducting prevention
research and translating research results into policy and
public health practice that address local health needs.
Racial and Ethnic Approaches to Community Health (REACH).--
The agreement provides an increase to address racial and ethnic
health disparities, including the Good Health and Wellness in
Indian Country program.
Reducing E-cigarette Use During Pregnancy.--The agreement
supports CDC's efforts to address tobacco use during pregnancy
and encourages CDC to include initiatives specifically targeted
at e-cigarette use during pregnancy, including initiatives to
raise awareness among patients and clinicians about the risks
of e-cigarette use during pregnancy. CDC is encouraged to
partner with other HHS agencies to ensure pregnant women can
access safe and effective tobacco cessation services and
medications. The agreement requests an update on these
activities in the fiscal year 2024 Congressional Justification.
Safe Motherhood and Infant Health.--The agreement builds on
the commitment made in the fiscal year 2022 bill by providing
an increase for this portfolio of programs to improve the
health of pregnant and postpartum women and their babies,
including reducing disparities in maternal and infant health
outcomes. The agreement directs CDC to use the funding increase
to expand and increase support for Maternal Mortality Review
Committees (MMRCs), Perinatal Quality Collaboratives (PQCs),
and other programs including Sudden Unexplained Infant Death
(SUID) and the Sudden Death in the Young (SDY) Case Registry.
In addition to the activities outlined in House Report 117-403,
CDC is directed to expand support for MMRCs and improve data
collection at the State level to create consistency in data
collection, analysis and reporting across State MMRCs. This
investment is necessary to provide accurate national statistics
on U.S. maternal mortality rates and inform data-driven actions
to prevent these deaths. The agreement requests CDC provide a
report to the Committees within 90 days of enactment of this
Act on barriers to effective and consistent data collection and
opportunities to improve coordination among State MMRCs. CDC is
also encouraged to work with a national organization on
educational materials and peer support programs for patients on
the impact of blood disorders on maternal health. Additionally,
the agreement encourages CDC to prioritize funding to expand
PQCs to additional States and territories and provide increased
support to existing PQCs. The agreement requests an update on
the expansion of PQCs beyond the States currently funded, as
well as any barriers to expansion, including those created by
the COVID-19 pandemic. The agreement encourages CDC to increase
awareness through the PQCs of newer options and technologies
for postpartum hemorrhage management that have the potential to
reduce the need for transfusions, extended hospital stays, and
maternal harm. Finally, the agreement directs CDC to expand the
number of States and jurisdictions participating in the
monitoring and surveillance of SUID and the SDY Case Registry
to improve data collection. This data works to identify,
develop, and implement best practices to prevent infant death,
including practices to improve safe sleep, in coordination with
appropriate nonprofits.
Skin Cancer Education and Prevention.--The agreement notes
concern with the growing number of people diagnosed with
preventable forms of skin cancer, which is now the most
commonly diagnosed cancer in the U.S. The agreement provides an
increase of $1,000,000 for skin cancer education and prevention
and encouragesCDC to increase its collaboration and partnership
with local governments, business, health, education, community, non-
profit, and faith-based sectors.
School Health.--The agreement provides an increase to
expand the number of States in the Healthy Schools program.
Tobacco.--The agreement provides an increase to reduce
deaths and prevent chronic diseases, including addressing the
youth use of e-cigarettes.
Vision and Eye Health.--The agreement includes an increase
and directs CDC to initiate efforts to update national
prevalence estimates on vision impairment and eye disease
through the use of the National Health and Nutrition
Examination Survey.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The agreement provides $205,560,000 for Birth Defects and
Developmental Disabilities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Birth Defects........................................... $19,000,000
Fetal Death............................................. 900,000
Fetal Alcohol Syndrome.................................. 11,500,000
Folic Acid.............................................. 3,150,000
Infant Health........................................... 8,650,000
Autism.................................................. 28,100,000
Disability & Health..................................... 45,500,000
Tourette Syndrome....................................... 2,500,000
Early Hearing Detection and Intervention................ 10,760,000
Muscular Dystrophy...................................... 7,500,000
Attention Deficit Hyperactivity Disorder................ 1,900,000
Fragile X............................................... 2,000,000
Spina Bifida............................................ 7,500,000
Congenital Heart........................................ 8,250,000
Public Health Approach to Blood Disorders............... 10,400,000
Hemophilia Activities................................... 3,500,000
Hemophilia Treatment Centers............................ 5,100,000
Thalassemia............................................. 2,100,000
Neonatal Abstinence Syndrome............................ 4,250,000
Surveillance for Emerging Threats to Mothers and Babies. 23,000,000
------------------------------------------------------------------------
Autism.--The agreement includes an increase to expand the
Autism Developmental Disabilities Monitoring (ADDM) Network and
to re-establish surveillance of cerebral palsy in at least two
ADDM sites.
Congenital Heart Disease.--The agreement includes an
increase to further implement the screening, surveillance,
research, and awareness activities authorized by the Congenital
Heart Futures Reauthorization Act (P.L. 115-342).
Disability and Health.--The agreement includes an increase
of $3,000,000 to continue to strengthen existing programs that
address healthy athletes and an increase of $1,000,000 to
continue existing activities that improve physical activity and
fund health promotion for people with mobility disabilities. In
addition, the agreement includes an increase of $2,500,000 and
recommends CDC use the funds to encourage partnership between
national disability organizations and institutions of higher
education to conduct implementation science research on health
promotion, disease prevention, and intervention strategies for
people with disabilities.
Fetal Alcohol Spectrum Disorders.--The agreement provides
an increase to expand efforts related to fetal alcohol spectrum
disorders.
Muscular Dystrophy.--The agreement provides an increase to
enhance Muscular Dystrophy research and disease surveillance
initiatives.
Neonatal Abstinence Syndrome (NAS).--The agreement includes
an increase to support efforts to address the rise in NAS
resulting from the overuse of opioids and other related
substances during pregnancy, including research on opioid use
during pregnancy and related adverse outcomes from infancy
through childhood, and to identify best practices for care,
evaluation, and management to help children.
Public Health Approach to Blood Disorders.--The agreement
includes an increase to expand sickle cell data collection and
analysis.
Surveillance for Emerging Threats to Mothers and Babies
Network (SET-NET).--The agreement includes an increase to
expand the efforts and reach of SET-NET to detect and respond
to emerging threats to mothers and babies. The agreement
directs CDC to provide a briefing to the Committees on its
spend plan for this funding within 90 days of enactment of this
Act and an update on these activities in the fiscal year 2024
Congressional Justification. Finally, CDC was provided
additional funding in fiscal year 2019 to expand its Zika
surveillance to determine the long-term health impacts of
infants born to mothers infected with the Zika virus. The
agreement requests an update in the fiscal year 2024
Congressional Justification from this ongoing surveillance.
Tourette Syndrome.--The agreement provides an increase and
directs CDC to continue to educate physicians, educators,
clinicians, allied professionals, and the general public about
the disorder and to improve scientific knowledge on prevalence,
risk factors, and co-occurring conditions of Tourette Syndrome.
PUBLIC HEALTH SCIENTIFIC SERVICES
The agreement provides a total of $754,497,000 for Public
Health Scientific Services. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Health Statistics....................................... $187,397,000
Surveillance, Epidemiology, and Informatics............. 298,100,000
Advancing Laboratory Science............................ 23,000,000
Public Health Data Modernization........................ 175,000,000
Public Health Workforce................................. 71,000,000
------------------------------------------------------------------------
Advancing Laboratory Science.--The agreement provides an
increase to strengthen CDC's laboratory science and safety.
National Center for Health Statistics.--The agreement
includes an increase to monitor the health of our Nation and to
make much-needed investments in the next generation of surveys
and products.
National Neurological Conditions Surveillance System.--The
agreement provides a total of $5,000,000 within Surveillance,
Epidemiology, and Informatics to continue efforts on the two
initial conditions.
Primary Immunodeficiencies.--The agreement provides
$3,500,000 for education, awareness, and genetic sequencing
surveillance related to primary immunodeficiencies.
Public Health Data Modernization.--The agreement provides
an increase to advance the progress of this effort with State,
tribal, local, and territorial (STLT) partners. The agreement
urges CDC to work with representatives from STLT health
departments through a regular convening mechanism to establish
a public health data sharing process to ensure that notifiable
case data are reported to CDC during an emergency response
event in a timely and efficient manner that is the least
burdensome for STLT public health departments. This process
should include the use of an established minimal data set and
transmission via existing and automated reporting mechanisms to
the extent possible.
Public Health Workforce.--The agreement provides an
increase to aid in the rebuilding and sustainment of the public
health workforce.
ENVIRONMENTAL HEALTH
The agreement provides $246,850,000 for Environmental
Health programs, which includes $229,850,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Environmental Health Laboratory......................... $70,750,000
Newborn Screening Quality Assurance Program........... 21,000,000
Newborn Screening/Severe Combined Immunodeficiency 1,250,000
Diseases.............................................
Safe Water.............................................. 8,600,000
Amyotrophic Lateral Sclerosis Registry.................. 10,000,000
Trevor's Law............................................ 3,000,000
Climate and Health...................................... 10,000,000
Environmental Health Activities......................... 21,000,000
Environmental and Health Outcome Tracking Network....... 34,000,000
Asthma.................................................. 33,500,000
Childhood Lead Poisoning................................ 51,000,000
Lead Exposure Registry.................................. 5,000,000
------------------------------------------------------------------------
Asthma.--The agreement includes an increase for the
activities included in House Report 117-403.
Childhood Lead Poisoning.--The agreement includes an
increase to support the expansion of direct CDC assistance and
funding to additional State and local public health departments
and to expand programmatic data capabilities.
Newborn Screening.--The agreement includes an increase to
expand newborn screening efforts.
Trevor's Law.--The agreement provides an increase to better
understand the relationship between environmental exposures and
pediatric cancer, and to build capacity to conduct cancer
investigations in accordance with Trevor's Law (Public Law 114-
182).
Vessel Sanitation.--The agreement includes $4,000,000 to
support the critical public health functions of the vessel
sanitation program, and reiterates the requested information in
House Report 117-403. The agreement expects CDC to resume user
fee collections in fiscal year 2023 and to provide an update on
what is needed to sustain future operations to the Committees
within 120 days of enactment of this Act.
INJURY PREVENTION AND CONTROL
The agreement provides $761,379,000 for Injury Prevention
and Control activities. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Domestic Violence and Sexual Violence................... 38,200,000
Child Maltreatment.................................... 7,250,000
Child Sexual Abuse Prevention......................... 3,000,000
Youth Violence Prevention............................... 18,100,000
Domestic Violence Community Projects.................... 7,500,000
Rape Prevention......................................... 61,750,000
Suicide Prevention...................................... 30,000,000
Adverse Childhood Experiences........................... 9,000,000
National Violent Death Reporting System................. 24,500,000
Traumatic Brain Injury.................................. 8,250,000
Elderly Falls........................................... 3,050,000
Drowning................................................ 2,000,000
Injury Prevention Activities............................ 29,950,000
Opioid Overdose Prevention and Surveillance............. 505,579,000
Injury Control Research Centers......................... 11,000,000
Firearm Injury and Mortality Prevention Research........ 12,500,000
------------------------------------------------------------------------
Adolescent Mental Health.--The agreement urges CDC to
establish a program that leverages existing CDC activities
dedicated to adolescent mental health to improve adolescent
mental wellbeing and advance equity, with a focus on culturally
responsive prevention and early intervention. In collaboration
with centers across CDC, HHS, the Department of Education,
youth, experts, and advocates, CDC is encouraged to coordinate
the development and implementation of national goals and a
national strategy to improve adolescent mental wellbeing that
align with the objectives outlined in Healthy People 2030.
Special consideration should be made for underserved
communities to ensure their voices are represented in decision-
making and idea generating. In addition, the agreement urges
CDC to conduct applied research and evaluation studies to
improve the implementation of evidence-based policies and
community-based practices that advance the national strategy
and promote adolescent mental health.
Adverse Childhood Experiences.--The agreement includes an
increase to expand efforts, including technical assistance to
States.
Domestic Violence and Sexual Violence.--The agreement
provides $1,000,000 to collect data on the connection between
brain injuries and domestic and sexual violence, and to
implement a data collection project that follows up on and
operates under CDC's National Intimate Partner and Sexual
Violence Survey or other appropriate survey mechanism and asks
questions about the prevalence and circumstances surrounding
brain injuries.
Core State Injury Prevention Program (Core SIPP).--The
agreement includes an increase of $1,000,000 to enhance efforts
to identify and respond to injury threats with data-driven
public health actions.
Firearm Injury and Mortality Prevention Research.--The
agreement includes funding to conduct research on firearm
injury and mortality prevention. Given violence and suicide
have a number of causes, the agreement recommends the CDC take
a comprehensive approach to studying these underlying causes
and evidence-based methods of prevention of injury, including
crime prevention. All grantees under this section will be
required to fulfill requirements around open data, open code,
pre-registration of research projects, and open access to
research articles consistent with the National Science
Foundation's open science principles. The Director of CDC is to
report to the Committees within 30 days of enactment of this
Act on implementation schedules and procedures for grant
awards, which strive to ensure that such awards support
ideologically and politically unbiased research projects.
Injury Control Research Centers.--The agreement includes an
increase to increase the number of awards for multi-
disciplinary research on the causes, outcomes, and prevention
of injuries and violence.
Opioid or Other Drug Use and Overdose Prevention.--The
agreement includes an increase to enhance activities and
encourages CDC to ensure that funding for opioid and stimulant
abuse and overdose prevention reaches local communities to
advance local understanding of the opioid overdose epidemic and
to scale-up prevention and response activities. In addition to
the activities included in House Report 117-403, the agreement
encourages CDC to include community member naloxone education
as a strategy for local community overdose prevention funds.
The agreement continues to support rigorous monitoring,
evaluation and improvements in data quality and monitoring at a
national level, including data collection and analysis on
overdose deaths. CDC is directed to continue expansion of case-
level syndromic surveillance data, improvements of
interventions that monitor prescribing and dispensing
practices, better timeliness and quality of morbidity and
mortality data, as well as the enhancement of efforts with
medical examiners and coroner offices. The agreement urges CDC
to continue to maximize the use of State-based Prescription
Drug Monitoring Programs (PDMPs) as a public health tool to
assist in clinical decision-making and surveillance. CDC is
further directed to continue to expand an innovative model to
coordinate care for high-risk patients receiving opioid
treatment and encouraged to work with the Office of the
National Coordinator for Health Information Technology to
enhance integration of PDMPs and electronic health records.
Opioid Prescribing Guidelines.--The agreement applauds
CDC's efforts to update the Clinical Practice Guideline for
Prescribing Opioids for Chronic Pain, for use by primary care
clinicians for chronic pain in outpatient settings outside of
active cancer treatment, palliative care, and end-of-life care.
The agreement directs CDC to continue its work educating
patients and providers, and to encourage uptake and use of the
Guidelines. The agreement urges CDC to continue coordination
with other Federal agencies in implementation and related
updates in safe prescribing practices to ensure consistent,
high-quality care standards across the Federal government.
Public Safety Officer Suicide Reporting System.--The
agreement continues funding for the activities described in the
Helping Emergency Responders Overcome Act of 2020, as directed
in Public Law 116-260.
Suicide Prevention.--The agreement includes an increase and
in addition to the direction included in House Report 117-403,
the agreement directs CDC to expand its comprehensive suicide
prevention program to additional States and develop a plan for
integrating its Emergency Department Surveillance of Nonfatal
Suicide Related Outcomes pilot to collect real-time data on
non-fatal suicide related outcomes and self-harm behavior into
the program. Effective and faster data collection is imperative
to suicide prevention efforts so that risk factors can be
evaluated, high-risk populations can be identified and
prioritized, and new and more efficient prevention strategies
can be implemented.
Traumatic Brain Injury.--The agreement provides an increase
to initiate concussion surveillance, particularly among
children and youth.
Youth Violence Prevention.--The agreement provides an
increase to support violence interventions and encourages CDC
to fund a range of interventions, including programs that
provide de-escalation and conflict mitigation skills. CDC is
urged to scale up existing partnerships with organizations that
have demonstrated success in reducing violence and its risk
factors, including those involving healthcare and community
outreach organizations, as well as supporting academic-
community collaborations and research to advance the science
and practice of violence prevention, while reducing inequities
from which such violence stems.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
The agreement provides a total of $362,800,000 for NIOSH in
discretionary appropriations. Within this total, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
National Occupational Research Agenda................... $119,500,000
Agriculture, Forestry, and Fishing.................... 29,000,000
Education and Research Centers.......................... 32,000,000
Personal Protective Technology.......................... 23,000,000
Mining Research......................................... 66,500,000
National Mesothelioma Registry and Tissue Bank.......... 1,200,000
Firefighter Cancer Registry............................. 5,500,000
Other Occupational Safety and Health Research........... 115,100,000
------------------------------------------------------------------------
Agriculture, Forestry, and Fishing.--The agreement includes
an increase to expand efforts to protect workers in this
sector.
Coal Workers' Health Surveillance Program Mobile Medical
Unit.--The agreement directs CDC to prioritize the maintenance
of mobile medical units and urges CDC to consider the purchase
of an additional mobile medical unit to improve access to
screening for miners, as early screening and detection of black
lung can improve health outcomes and reduce mortality.
Education and Research Centers (ERCs).--The agreement
includes an increase to support efforts to reduce work-related
injuries and illness. In addition, the agreement directs NIOSH
to increase support for new and existing ERCs to support
education and training programs for undergraduate and graduate
students, particularly in Environmental and Industrial Hygiene,
Occupational Health Nursing, Occupational Medicine Residency,
and Occupational Safety and Health Engineering.
Firefighter Cancer Registry.--The agreement includes an
increase for this voluntary, anonymous registry system.
Mining Research.--The agreement provides an increase and
directs $2,000,000 of this increase to support research and
outreach activities to prevent work-related illness, injury and
death in the western U.S., with an increased focus on
potentially underrepresented and disproportionately impacted
workers. CDC is also urged to increase support for research on
exposure assessment, behavioral science, and mental health in
the mining industry. Additionally, the agreement directs
$2,000,000 of this increase to expand grant opportunities to
universities with graduate programs in mining and explosives
engineering to fund additional research initiatives in
automation, robotics, and intelligent mining systems to improve
workplace safety and health in U.S. mining operations.
Occupational Injury and Illness.--The agreement does not
include the directive for the report as described in House
Report 117-403.
Radiation Exposure in Medical Procedures.--The agreement
requests the report directed in House Report 117-403 to reflect
consultation with EPA and FDA.
Total Worker Health.--The agreement provides an increase of
$1,000,000 to expand the program.
GLOBAL HEALTH
The agreement provides $692,843,000 for Global Health
activities. Within this total, the agreement includes the
following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Global AIDS Program..................................... $128,921,000
Global Tuberculosis..................................... 11,722,000
Polio Eradication....................................... 180,000,000
Measles and Other Vaccine Preventable Diseases.......... 50,000,000
Parasitic Diseases and Malaria.......................... 29,000,000
Global Public Health Protection......................... 293,200,000
------------------------------------------------------------------------
Global Public Health Protection.--The agreement includes an
increase and recognizes CDC's unique role in supporting public
health capacity development.
Parasitic Diseases and Malaria.--The agreement includes an
increase to enhance parasitic diseases and malaria activities.
Polio Eradication.--The agreement includes an increase to
support CDC activities related to wild poliovirus and vaccine-
derived polio surveillance, vaccine procurement, and outbreak
response. CDC is urged to continue to provide technical
assistance to countries for polio immunization campaigns,
conduct environmental surveillance of polio viruses to ensure
prompt detection and to prevent potential outbreaks of
paralytic polio disease.
Population-based Surveillance Platforms.--The agreement
includes $7,000,000, an increase of $3,000,000 from within the
increase for Global Public Health Protection, to support
existing longitudinal population-based infectious disease
surveillance platforms that enable comparative analysis between
urban and rural populations in the developing world.
Soil Transmitted Helminth (STH) and Related Diseases of
Poverty.--The agreement includes $1,500,000 to extend the
currently funded CDC projects aimed at surveillance, source
remediation and clinical care to assess and reduce STH or other
parasitic infections related to health disparities.
Tuberculosis.--The agreement includes an increase to
advance tuberculosis prevention, diagnosis, and treatment
efforts.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The agreement provides $883,200,000 for public health
preparedness and response activities. Within this total, the
agreement includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative $735,000,000
Agreement..............................................
Academic Centers for Public Health Preparedness......... 9,200,000
CDC Preparedness and Response........................... 139,000,000
------------------------------------------------------------------------
CDC Preparedness and Response.--The agreement provides
$21,900,000 in the Public Health and Social Services Emergency
Fund for HHS Protect for the activities directed in House
Report 117-403.
Public Health Emergency Preparedness Cooperative
Agreement.--The agreement includes an increase for cooperative
agreement awards.
BUILDINGS AND FACILITIES
The agreement provides $40,000,000 in discretionary budget
authority.
Buildings and Facilities.--The agreement includes funding
to make progress on CDC's backlog of maintenance and repairs,
including at its Atlanta campuses. The agreement supports the
completion of the Atlanta Masterplan Build Out.
Mine Safety Research Facility.--The agreement notes bill
language and funding to support the design and construction of
a mine safety research facility to replace the Lake Lynn
Experimental Mine and Laboratory were provided in fiscal years
2021 and 2022. The agreement requests the continuation of
quarterly updates on progress in the construction of the
facility, costs incurred, and unanticipated challenges which
may affect timeline for total costs until completion of the
facility. Further, upon CDC's completion of the purchase of
property for the new mine safety research facility, the
agreement directs HHS to fund the design and construction of
the facility from the Nonrecurring Expenses Fund.
CDC-WIDE ACTIVITIES
The agreement provides $723,570,000 for CDC-wide
activities, which includes $563,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH Fund.
Within this total, the agreement includes the following
amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Preventive Health and Health Services Block Grant....... $160,000,000
Public Health Leadership and Support.................... 128,570,000
Infectious Disease Rapid Response Reserve Fund.......... 35,000,000
Public Health Infrastructure and Capacity............... 350,000,000
Center for Forecasting and Outbreak Analytics........... 50,000,000
------------------------------------------------------------------------
Infectious Disease Rapid Response Reserve Fund (Reserve
Fund).--The agreement includes an increase toward the
replenishment of this fund to ensure that CDC is positioned to
respond quickly to an imminent public health emergency. CDC is
directed to provide a spend plan in conjunction with the
Congressional notification required 15 days in advance of any
transfer or obligation. The spend plan shall include estimates
of anticipated uses of funds, including estimated personnel and
administrative costs, disaggregated by program, project, or
activity. CDC is required to provide quarterly reports,
pursuant to P.L. 115-245, and the agreement directs CDC to make
every effort to provide such reports on-time. Additionally, CDC
is directed to provide information in each quarterly report on
all amounts available in the Reserve Fund for the current
fiscal year and the preceding two fiscal years, including (1)
obligations by object class categories; (2) with respect to
such obligations, the notification to which it relates; and (3)
the total amount unobligated in the Reserve Fund.
Local Health Departments.--The agreement notes that Federal
funding intended for both State and local health departments
does not consistently reach local health departments beyond
those directly funded. The agreement encourages CDC to require
States to fund local health departments when programmatically
appropriate.
Public Health Infrastructure and Capacity.--The agreement
provides an increase of $150,000,000 for this disease-agnostic
resource. The agreement directs that no less than 70 percent of
this funding be awarded to health departments.
Public Health Leadership and Support.--The agreement
includes an increase to support CDC's foundational public
health activities and to facilitate partnerships. The agreement
commends CDC for its commitment to the development of a diverse
healthcare and public health workforce. The agreement provides
an increase of $3,500,000 to expand the John R. Lewis CDC
Undergraduate Public Health Scholars Program, including the
opportunity for more HBCUs to participate, as well as tribal
colleges and universities. In addition, the agreement provides
$5,000,000 to establish an Office of Rural Health (ORH). The
ORH will enhance the implementation of CDC's rural health
portfolio, coordinate efforts across CDC programs, and develop
a strategic plan for rural health at CDC that maps the way
forward both administratively and programmatically. The
agreement encourages ORH to accelerate innovation, make
scientific and communication resources tailored to current
rural public health needs, build and improve public health
functions and service delivery and provide leadership in
matters of public health infrastructure.
National Institutes of Health (NIH)
The agreement provides $47,459,000,000 for NIH, including
$1,085,000,000 from the 21st Century Cures Act (P.L.114-255,
Cures Act), an increase of $2,500,000,000, or 5.6 percent,
above the fiscal year 2022 enacted level. The agreement
provides a funding increase of no less than 3.8 percent above
the fiscal year 2022 enacted level to every Institute and
Center (IC). Per the Cures Act, $216,000,000 is transferred to
the National Cancer Institute (NCI) for cancer research;
$225,000,000 to the National Institute of Neurological
Disorders and Stroke (NINDS) and $225,000,000 to the National
Institute on Mental Health (NIMH) for the BRAIN Initiative; and
$419,000,000 to the Office of the Director (OD) for the All of
Us precision medicine initiative.
The agreement directs NIH to include updates on the
following research, projects, and programs in the fiscal year
2024 Congressional Justification: metastatic breast cancer;
NCI's plans to update the Surveillance, Epidemiology, and End
Results Registry; pulmonary fibrosis; cellular immunity; and
opportunities to enhance childhood cancer research efforts,
including coordinating efforts already underway through the
Trans-NIH Pediatric Research Consortium.
NATIONAL CANCER INSTITUTE (NCI)
Cancer Moonshot.--The agreement directs NCI to provide a
report to the Committees within 180 days of enactment of this
Act describing the steps it will take to advance efforts to
develop a robust pipeline of new treatments for recalcitrant
cancers, defined in the Recalcitrant Cancer Research Act of
2012 (P.L. 112-239) as those with a five-year survival rate
below 50 percent.
Childhood Cancer Data Initiative (CCDI).--The agreement
includes no less than $50,000,000 for the CCDI, including no
less than $750,000 to continue to support enhancement of the
CCDI Molecular Characterization Initiative.
Childhood Cancer STAR Act.--The agreement includes no less
than $30,000,000 for continued implementation of sections of
the Childhood Cancer Survivorship, Treatment, Access, and
Research (STAR) Act (P.L. 115-180). The agreement directs NIH
to provide an update in the fiscal year 2024 Congressional
Justification on opportunities to enhance childhood cancer
research efforts and the actions NCI has taken to ensure
pediatric cancer expertise is included on all panels, as
appropriate.
Colorectal Cancer.--The agreement directs NCI to include an
update in the fiscal year 2024 Congressional Justification on
opportunities to advance progress against colorectal cancer
with an emphasis on: (1) opportunities to develop more
effective therapeutics; (2) rising rates in people under the
age of 50, including rapidly increasing rates in the 20 to 39
year old age range; and (3) the persistent health disparities
in prevalence, screening, and outcomes. The update should
describe how NCI plans to play a role in addressing these
challenges and what existing and future innovative research
opportunities can be leveraged to advance progress.
Deadliest Cancers.--The agreement directs NIH to identify
the greatest obstacles and most promising research
opportunities to advance progress against each of the deadliest
cancers in the fiscal year 2024 Congressional Justification.
Native American Cancer Outcomes.--The agreement continues
to be concerned that Native Americans experience overall cancer
incidence and mortality rates that are strikingly higher than
non-Native populations, and encourages NCI to expand research
efforts to reduce American Indian cancer disparities and
improve outcomes, specifically by supporting efforts to develop
durable capacity for tribally engaged cancer disparities
research through an integrated program of research, education,
outreach, and clinical access.
NCI Paylines.--The agreement provides an increase of
$150,000,000 for NCI to prioritize competing grants and to
sustain commitments to continuing grants.
Pancreatic Cancer.--The agreement encourages NCI to
leverage the investment in NCI's National Clinical Trials
Network to accelerate the survival rate for pancreatic cancer
patients by maximizing the knowledge gained from every trial
and suggests that trials for pancreatic cancer include parallel
and concurrent correlative studies, as appropriate, to better
understand what treatments work best for which patients. The
agreement directs NCI to consider ways to maximize learning
from pancreatic cancer trials and provide an update in the
fiscal year 2024 Congressional Justification on next steps
towards this goal.
Radiopharmaceutical Development.--The agreement directs
NIH, in conjunction with the Department of Energy, to provide
an update in the fiscal year 2024 Congressional Justification
on the impact shortages of medical isotopes and
radiopharmaceuticals have on the ability to conduct cancer
research, including an analysis of infrastructure necessary to
do so.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE (NHLBI)
Cardiovascular Disease (CVD).--Recognizing that CVD remains
the leading cause of death and most expensive condition in the
United States, the agreement supports cutting-edge
cardiovascular research and drug discovery across the
disciplines of medicine, immunology, imaging, chemistry,
biomedical engineering, physics, statistics, mathematics, and
entrepreneurship to design new therapies and strategies that
are more effective. The agreement directs NHLBI to highlight
the areas with the greatest potential for transformative
progress in CVD research in the fiscal year 2024 Congressional
Justification and to prioritize funding that reduces
cardiovascular disease among the hardest-hit--African Americans
living in the rural South.
Community Engagement Alliance Against COVID-19 Disparities
(CEAL) Initiative.--The agreement includes $30,000,000 for the
CEAL initiative, $10,000,000 above the fiscal year 2022 enacted
level.
Congenital Heart Disease (CHD).--The agreement encourages
NHLBI to prioritize CHD activities outlined in its strategic
plan and directs NIH to provide an update in the fiscal year
2024 Congressional Justification on steps being taken to close
research gaps.
Health Disparities Research for Methamphetamine-related
Cardiovascular Diseases.--The agreement encourages NHLBI to
work with NIDA to examine the cardiovascular effects of
methamphetamine misuse and implications for treatment in
vulnerable and minority populations.
Lung Injury.--The agreement urges NHLBI to strengthen the
nation's ability to respond to respiratory health threats with
increased support for research into basic science and the
mechanisms of lung injury and repair, as well as clinical
intervention trials addressing both acute and chronic lung
diseases.
Valvular Heart Disease Research.--The agreement provides
$20,000,000 for research into the causation of and risk factors
for valvular heart disease. Such research should focus on the
use of advanced technological imaging and other relevant
methods to generate data related to valvular heart disease, and
assessing potential risk factors for sudden cardiac arrest or
sudden cardiac death from valvular heart disease. Additionally,
the agreement supports efforts by NIH to convene a workshop of
subject matter experts and stakeholders to identify research
needs and opportunities to develop recommendations for the
identification andtreatment of individuals with mitral valve
prolapse, including individuals who may be at risk for sudden cardiac
arrest or sudden cardiac death.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH (NIDCR)
National Dental Practice-Based Research Network.--The
agreement recommends that NIDCR continues funding support of
National Dental Practice-Based Research Networks.
Temporomandibular Disorders (TMD).--The agreement
encourages NIDCR to maintain a patient-centered approach in the
implementation of the TMD--IMPACT Concept and to seek
collaborators from other government agencies such as the
Department of Veterans' Affairs (VA) and the Department of
Defense (DOD), as well as from within NIH itself. The agreement
directs NIH to provide an update in the fiscal year 2024
Congressional Justification on efforts to implement the next
phase of the initiative, including the recruitment of other NIH
ICs as partners, the role of the patient perspective, and
NIDCR's use of the National Academies of Sciences, Engineering,
and Medicine (NASEM) Report on TMDs and the TMJ Patient-led
Roundtable.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
(NIDDK)
Diabetes.--Consistent with the fiscal year 2023 budget
request, the agreement includes $8,550,000 to restore cuts to
the mandatory Special Diabetes Program that result from Budget
Control Act sequestration. Further, given the growing
prevalence of diabetes, the agreement is concerned that
additional research is needed to determine how to improve the
treatment of a common complication, diabetic foot ulcers to
reduce amputations, and urges NIDDK to support such efforts.
Further, given the aging population, the agreement urges NIDDK
to work with NIA to explore the relationship between diabetes
and neurocognitive conditions, such as dementia and Alzheimer's
disease, in racially and ethnically diverse populations.
Dietary Supplements and Liver Injury.--The agreement
strongly encourages NIDDK to provide safety and quality
information on dietary supplements as it relates to drug-
induced liver injury.
Hepatitis B.--The agreement applauds the NIH for its work
to update the Strategic Plan for Trans-NIH Research to Cure
Hepatitis B and urges that the update identify what has been
learned since the plan was first released and what additional
research is needed to find a cure. The agreement supports
efforts to create common resource services and materials for
the research community and further urges that targeted calls
for research, based on the needs as identified in the updated
Plan, be issued and funded in fiscal year 2023 and beyond.
Kidney Disease.--The agreement applauds recent changes to
clinical practice in the diagnosis of kidney disease and
concurs with recommendations that additional resources should
be devoted to development of new markers for estimating kidney
function.
Pain Management Research.--The agreement includes an
increase of $5,000,000 for NIDDK to support additional research
in this area as described in the fiscal year 2023 budget
request.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Alzheimer's Disease and Alzheimer's Disease-Related
Dementias (AD/ADRD).--The agreement includes an increase of
$226,000,000 across NIH for AD/ADRD research, including an
increase of $75,000,000 in NINDS and an increase of
$151,000,000 in NIA.
Developmental Dyspraxia.--The agreement commends the work
NINDS does to support research on developmental disorders, such
as developmental dyspraxia, aimed at learning more about these
disorders and finding ways to prevent and treat them.
Frontotemporal Degeneration (FTD) Research.--The agreement
encourages NIH to continue to support research to identify and
validate biomarkers for FTD and other neurodegenerative
diseases among diverse cohorts. The agreement also urges NIH to
support efforts to better understand the social determinants of
health that lead to inequity in access to diagnosis and care
for FTD and other dementias so that new treatments and best
practices in care will be available to all, regardless of age,
racial, ethnic, cultural, socioeconomic, and geographic
background. Equally critical is the development of a data
biosphere that enhances secure sharing of clinical and research
data and biological samples for FTD. The agreement encourages
NIH to find ways to support better communication across
researchers, and between clinical science and broader society,
to ensure that research advances have maximum effect on
improving health. The agreement urges NIH to continue to
advance regulatory science and develop innovative clinical
trial designs that recruit diverse populations so that
potential therapies can be effectively tested.
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than $280,295,000 in NINDS for the HEAL
Initiative, $10,000,000 above the fiscal year 2022 enacted
level. The agreement encourages NINDS to continue its efforts
through the HEAL initiative in fiscal year 2023, with a focus
on grant opportunities to support research and education to
improve outcomes for people with both chronic pain and
addiction in diverse settings across the United States,
particularly those located in areas with high incidence of
people living with chronic pain.
Undiagnosed Diseases Network (UDN).--The agreement includes
$18,000,000 to fund the UDN and directs the continuation of the
coordinating center, all clinical sites, DNA sequencing core,
central biorepository, model organisms screening center, and
other necessary testing in the pursuit of diagnoses, including
but not limited to: metabolomics, infectious and toxic
exposures, and immune abnormalities.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Centers for Research in Emerging Infectious Diseases
(CREID).--NIAID works with partners in 30 countries to
understand how and where viruses and other pathogens can emerge
to develop diagnostic tests and treatments. The agreement urges
NIAID to ensure the CREID Network is sufficiently supported to
coordinate and conduct research on, and active surveillance
for, emerging pathogens.
Consortium of Food Allergy Research (CoFAR).--The agreement
includes $12,100,000, an increase of $3,000,000 above the
fiscal year 2022 enacted level, for CoFAR to expand its
clinical research network to add new centers of excellence in
food allergy clinical care and to select such centers from
those with proven expertise in food allergy research.
Multidisciplinary Grants for Vector-borne Disease
Research.--The agreement encourages NIAID to support multi-year
awards for multidisciplinary research on vector-borne diseases.
As appropriate, such awards may leverage research efforts by
other government agencies, including, but not limited to,
Department ofAgriculture programs on vector-borne diseases, as
well as surveillance efforts, such as those supported by CDC. Priority
shall be given to grants focused on vector-borne diseases requiring
pathogen biosafety levels 2 and 3.
Regional Biocontainment Laboratories (RBLs).--The agreement
provides $52,000,000 to ensure the 12 RBLs for biomedical
research requiring biosafety level 3 (BSL-3) containment are
prepared to assist national, State, and local public health
efforts in the event of a bioterrorism or infectious disease
emergency. Of this amount, the agreement directs that no less
than $1,000,000 shall be provided to each of the 12 RBLs to
support the maintenance of a capable research workforce,
facilities, and equipment. The agreement directs that the
remaining funding shall go to the 12 RBLs to: (1) support
research on biodefense, emerging infectious disease agents, and
other infectious disease threats to global public health; (2)
train new researchers; (3) maintain a workforce skilled in BSL-
3 research; and (4) establish best practices for the safe,
effective, and efficient conduct of research in BSL-3
facilities.
Responding to Infectious Diseases.--The agreement provides
no less than $565,000,000, an increase of $25,000,000 above the
fiscal year 2022 enacted level, to support NIAID research to
combat antimicrobial resistance (AMR) and the training of new
investigators to improve AMR research capacity as outlined in
the 2020-2025 National Action Plan to Combat Antibiotic-
Resistant Bacteria. The agreement directs NIAID to work with
other HHS agencies to provide the annual briefing described
under the section of the explanatory statement dealing with the
Office of the Secretary within 30 days of enactment of this Act
and every succeeding annual Appropriations Act.
Universal Flu Vaccine.--The agreement includes
$270,000,000, an increase of $25,000,000 above the fiscal year
2022 enacted level. Rather than the narrative summary it
provided in May 2022, going forward, the agreement directs
NIAID to provide a dashboard cataloging and describing the key
trials and programs it is supporting with these funds,
including sample sizes, milestones, objectives, and outcomes,
with the first such report due within 90 days of enactment of
this Act.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Health Disparities Research.--The agreement includes an
increase of $5,000,000 for NIGMS to support research related to
identifying and reducing health disparities.
Increasing Diversity in Biomedical Research.--The agreement
provides a targeted increase of $10,000,000 for programs like
the Maximizing Opportunities for Scientific and Academic
Independent Careers program and the Minority Access to Research
Careers undergraduate programs.
Institutional Development Awards (IDeA).--The agreement
provides $425,956,000 for IDeA, $15,503,000 above the fiscal
year 2022 enacted level. The agreement opposes any efforts to
change eligibility for the IDeA program to a system that would
be based on States' populations.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT (NICHD)
Angelman Syndrome (AS).--AS is a rare neurogenetic disorder
that affects approximately one in 15,000 people--approximately
500,000 individuals worldwide. Individuals with AS have an
average life expectancy but require continuous care and are
unable to live independently. The agreement urges NICHD to
expand funding for basic, clinical, and translational research
into the mechanics of Angelman Syndrome, identify early
diagnostic markers, and develop new treatment methods.
ASXL Syndromes.--Bohring-Opitz Syndrome (ASXL1 gene),
Shashi-Pena Syndrome (ASXL2 gene), and Bainbridge-Ropers
Syndrome (ASXL3 gene) are three ultra-rare neurogenetic
disorders, with a combined number of individuals diagnosed
globally at 500. Those diagnosed, primarily children,
experience global delays, gastrointestinal complications,
delayed or absent speech, and autism-like symptoms. The
agreement urges NICHD to expand funding for basic, clinical,
and translational research into the mechanics of the ASXL
Syndromes, identify early diagnostic methods, and develop new
treatment methods.
Cerebral Palsy (CP).--The agreement encourages NIH to
continue to prioritize and invest in research on CP and to
focus on basic and translational discoveries, as well as
implementation, observational, and clinical studies aimed at
early detection and intervention, comparative effectiveness,
and functional outcomes. The agreement encourages NIH to
support greater investment in research focused on the areas in
need of growth, as outlined in the Strategic Plan on Cerebral
Palsy Research, including research on lifespan issues to
address the needs of transition-age youth and adults with CP,
and research to support the development and delivery of new and
improved screening tools, treatments, and interventions. The
agreement also encourages NIH to consider research
opportunities focusing on the motor and health benefits of
physical activity specifically for individuals with CP across
all Gross Motor Functional Classification levels, which is
vital to help prevent chronic disease and premature aging.
Endometriosis.--The agreement strongly urges NIH to
increase funding to expand basic, clinical, and translational
research into the mechanics of endometriosis, identify early
diagnostic markers, and develop new treatment methods.
Health Impacts on Children of Technology and Social Media
Use.--The agreement includes no less than $15,000,000 for this
activity, as described in House Report 117-403.
Impact of COVID-19 on Children.--The agreement includes an
increase of $2,500,000 for NICHD to support additional research
into multisystem inflammatory syndrome in children (MIS-C) and
other ways in which COVID-19 affects children.
Impact of COVID-19 on Pregnant and Lactating Women.--The
agreement includes an increase of $3,000,000, the same as the
fiscal year 2023 budget request, to support research on the
effects of COVID-19 on pregnancy, lactation, and postpartum
health with a focus on individuals from racial and ethnic
minority groups.
Implementing a Maternal Health and Pregnancy Outcomes
Vision for Everyone (IMPROVE) Initiative.--The agreement
includes no less than $43,400,000 for this activity.
Uterine Fibroids.--The agreement encourages NICHD to expand
research related to uterine fibroids etiology, prevention,
diagnosis, disparities, and treatment.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
Additional Research.--The agreement includes an increase of
$40,000,000 to support research on a wide range of health
conditions, which may include infectious disease, and chronic
conditions such as asthma, mental health, and health
disparities.
Environmental Exposures and Cancer in Firefighters.--The
agreement encourages NIH and CDC/NIOSH to continue their
efforts to better understand the cancer risks firefighters may
experience, including efforts to measure environmental
exposures in firefighters and determine the mechanisms that
lead to increased cancer incidence, morbidity, and mortality.
The agreement also encourages NIH to continue to support
research to improve health equity among firefighters to
evaluate potential differences in exposures and risk.
NATIONAL INSTITUTE ON AGING (NIA)
Alzheimer's Disease and Alzheimer's Disease-Related
Dementias (AD/ADRD).--The agreement includes an increase of
$226,000,000 across NIH for AD/ADRD research, including an
increase $151,000,000 in NIA and an increase of $75,000,000 in
NINDS, ensuring it remains the largest single effort of its
kind within the agency. The agreement directs NIA, working with
NINDS, to enter into an agreement with NASEM within 60 days of
enactment of this Act to identify research priorities for
preventing and treating AD/ADRD. An ad hoc committee of NASEM
will conduct a study and recommend research priorities to
advance the prevention and treatment of AD/ADRD. In conducting
its study, the committee will: (1) examine and assess the
current state of biomedical research aimed at preventing and
effectively treating AD/ADRD, along the R&D pipeline from basic
to translational to clinical research; (2) assess the evidence
on nonpharmacological interventions aimed at preventing and
treating AD/ADRD; (3) identify key barriers to advancing AD/
ADRD prevention and treatment (e.g., infrastructure challenges
that impede large scale precision medicine approaches,
inadequate biomarkers for assessing response to treatment, lack
of diversity in biobanks and clinical trials), and
opportunities to address these key barriers and catalyze
advances across the field; and (4) explore the most promising
areas of research into preventing and treating AD/ADRD. The
committee's study will include dementia caused by Alzheimer's
disease as well as related conditions such as frontotemporal
disorders, Lewy body dementia, vascular dementias, and multiple
etiology dementias. Dementias with a clear etiology (e.g.,
incident stroke, AIDS, traumatic brain injury) will be excluded
from the analysis. Based on its review of the literature,
consultations, and other expert input, the committee will
develop a report with its findings, conclusions, and specific
recommendations on research priorities for preventing and
treating AD/ADRD, including identifying specific near and
medium-term scientific questions (i.e., in . . . o 10 year
period) that may be addressed through NIH funding. The report
will also include strategies for addressing major barriers to
progress on these scientific questions. The agreement includes
$1,500,000 within the total funding for NIA for AD/ADRD
research to cover the costs of this study.
Alzheimer's Disease Research Center (ADRC).--The agreement
directs NIA to provide a report to the Committees within 180
days of enactment of this Act detailing the number of
individual Alzheimer's disease patients who have gained access
to a clinical trial through the outreach of an ADRC, the number
of Alzheimer's disease diagnoses given to patients at an ADRC,
and a detailed report on patients' and caregivers' needs that
were met through the work of ADRCs that cannot be attained at a
provider office.
Brain Health and Exposome Studies.--The agreement
encourages NIA to address the research gaps and opportunities
identified in the 2021 Alzheimer's Disease Research Summit as
NIA works to establish Centers on Exposome Studies in ADRD as
directed in the Consolidated Appropriations Act, 2022 (P.L.
117-103), especially those gaps and opportunities focused on
understanding healthy brain aging and applying this
understanding to disease prevention.
Clinical Trials.--Although Alzheimer's disease and other
dementias disproportionately affect Black Americans, Hispanic
Americans, Asian American and Pacific Islanders, and Native
Americans, they continue to be underrepresented in AD/ADRD
clinical trials. The agreement directs NIA to work with ADRCs
and other organizations to promote participation in clinical
trials within underrepresented populations and, to the maximum
scientifically-feasible extent, reduce the burden of
participating. These efforts should include expanding community
engagement and outreach to these populations, incentivizing
trial locations in areas of unmet need, encouraging the
diversity of clinical trial staff, allowing appropriate
flexibility in trial design and inclusion and exclusion
criteria, and utilizing technology like remote patient
monitoring, where appropriate, to facilitate clinical trial
participation and retention. Further, the agreement urges NIA
to provide an assessment of the data and metrics it collects
related to the planning, recruitment, and retention of clinical
trial participants from underrepresented communities and, when
possible, how those data have been or plan to be used in grant-
making decisions. The assessment should also address how NIA
plans to provide more timely data to the Committees and greater
transparency to the public about the planning, engagement, and
recruitment efforts of its extramural grantees, including a
focus on addressing barriers to inclusive and representative
enrollment such as eligibility criteria, language
accessibility, and adequate planning for diverse enrollment
among grantees. The agreement requests that NIA provide this
assessment within 180 days of enactment of this Act. In
addition, with various treatments for Alzheimer's disease in
the pipeline, the agreement encourages NIA to support a wide
range of trials, including those with a patient-based national
registry of regulatory grade, longitudinal evidence for
patients receiving any FDA-approved disease modifying therapies
for Alzheimer's disease in real-world clinical practice.
Health Disparities in Aging.--The agreement encourages NIH
to support and develop long-term studies of healthy individuals
that seek to identify structural drivers of health inequities.
These may complement ongoing longitudinal studies of aging--
such as the Health and Retirement Study, the National Health
and Aging Trends Study, and others--to guide efforts to
maximize health and enhance quality of life at older ages.
These studies should integrate biological, behavioral,
sociocultural, and environmental perspectives as outlined in
the NIA Health Disparities Framework.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
(NIAMS)
Opioids and Pain Management Research.--The agreement
includes an increase of $5,000,000 for NIAMS to support
additional research in this area as described in the fiscal
year 2023 budget request.
NATIONAL INSTITUTE OF NURSING RESEARCH (NINR)
Health Disparities Research.--The agreement includes an
increase of $10,000,000 for NINR to support research related to
identifying and reducing health disparities.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
Opioids, Stimulants, and Pain Management.--The agreement
includes no less than $355,295,000 in NIDA for the HEAL
Initiative. The agreement encourages NIDA to continue its
efforts through the HEAL initiative in fiscal year 2023, with a
focus on grant opportunities to support research and education
to improve outcomes for people with both chronic pain and
addiction in diverse settings across the United States,
particularly those located in areas with high incidence of
people living with chronic pain. The agreement also includes an
additional $10,000,000 to support related research on pain and
pain management, as described in the fiscal year 2023 budget
request.
Reducing Opioid Disparities.--The agreement supports
efforts to address the disproportionate effects of the opioid
overdose epidemic on Black/African Americans. NIDA, in
coordination with NIMHD, is encouraged to support
collaborations between qualified educational institutions and
treatment partners with demonstrated excellence in addiction
science and community-based research to lead several large
multi-year research efforts. Funding calls should highlight the
need for research to reduce barriers to care at the levels of
State funding bodies, treatment agencies, individual
clinicians, and among patients and community members. Specific
areas of focus may include research that examines and mitigates
stigma toward medications for opioid use disorder, evaluates
reimbursement structures to incentivize improved patient
outcomes, implements and evaluates effective environmental
supports like crisis and respite housing and transportation
assistance, and integrates treatment and recovery support
services into non-medical, community-based settings (e.g.,
interventions delivered by peer and community health workers).
NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH)
Cost of Serious Mental Illness (SMI).--Despite increased
spending on mental health services, the prevalence of SMI has
grown by more than fifty percent since 2008, from 3.7 percent
to 5.6 percent of Americans in 2020. While some progress has
been made at identifying effective treatments for early SMI,
many patients and families struggle to access appropriate
services. To better understand what is needed to advance more
effective, accessible treatments, the agreement directs NIMH to
deliver with the fiscal year 2024 Congressional Justification a
``professional judgment'' budget. This budget should estimate
the additional funding needed to support opportunities to
accelerate SMI research during fiscal year 2024, including
efforts to expand existing scientific programs focused on
improving early identification, accurate diagnosis, biomarker
assessment, intervention development, and implementation of
effective services, among individuals in the early stages of
SMI. In this document, NIMH will include specific scientific
questions and areas it would use the funding identified in the
professional judgement budget to address. These should be time-
limited, goal-driven investments that accelerate emerging
science and support high-risk/high-reward research.
Impact of COVID-19 on Mental Health.--The agreement
includes an increase of $5,000,000 for NIMH to expand research
on the impact of the COVID-19 pandemic on mental health.
Mental Health Treatment Research.--The agreement provides
an increase of $5,000,000 to support research to inform mental
health treatment approaches, service delivery, and system
transformation, consistent with the fiscal year 2023 budget
request.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE (NHGRI)
Community Engagement.--The agreement recognizes the
critical role that community engagement plays in enabling
researchers to build authentic partnerships that enhance
diversity and inclusion in research cohorts. The CEAL program,
created to help address the disparate impacts of the COVID-19
pandemic on communities historically underrepresented in
biomedical research, has been successful in building such
partnerships. Community engagement is also key when there is
public hesitancy to participate in research, such as with human
genetics and genomics research. The agreement is encouraged by
the success of the CEAL program and urges NHGRI, in
consultation with NHLBI and NIMHD, to establish and coordinate
a community engagement program modeled after CEAL that will
support efforts to increase the participation of individuals
historically underrepresented and hesitant to participate in
human genetics and genomics research.
Data Sharing.--The agreement urges NIH to convene a working
group to develop and disseminate best practices on genomic data
sharing for use by entities engaged in biomedical research and
international collaboration. That working group should review
potential risks involved in sharing genomic data between NIH-
supported research studies with private, public, and academic
institutions that partake in science and technology research
and their research partners, with a focus on international
partners. The review should also include recommendations
regarding areas where Federal agencies can strengthen
coordination to increase education to such private and academic
research institutions to ensure the institutions can better
protect themselves from national security threats with a
strengthened understanding of intellectual property rights,
research ethics, data misuse, as well as education on how to
recognize and report such threats.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH (NCCIH)
Pain Management.--The agreement includes an additional
$5,000,000 to support research into non-pharmacological
treatments for pain management and urges NCCIH, along with DOD
and VA, to continue to support research, including
comorbidities such as opioid misuse, abuse, and disorder among
military personnel, veterans, and their families. The agreement
urges NIH, VA, and DOD to expand research on non-
pharmacological treatments for veterans and service members.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Chronic Disease Centers.--In fiscal year 2021, NIMHD
undertook an initiative to support regional comprehensive
research and coordinating centers on the prevention, treatment,
and management of multiple chronic diseases associated with
health disparities. The agreement includes an additional
$11,000,000 for NIMHD to provide supplemental grants to the 11
Centers, with a focus on developing and delivering emerging
therapeutic interventions addressing the disproportionate
burden of disease.
Health Disparities Research.--The agreement includes an
increase of $25,000,000 for NIMHD to support research related
to identifying and reducing health disparities.
Research Centers in Minority Institutions.--The agreement
provides $88,765,000 for this activity.
Research Endowment Program.--The agreement notes the recent
passage of the John Lewis NIMHD Research Endowment
Revitalization Act to reinvigorate the Research Endowment
Program. The agreement has provided $12,000,000 to implement
the revitalized program and urges NIMHD to work swiftly on its
implementation. The agreement further notes that the statutory
goal of the program is to assist eligible institutions in
achieving a research endowment that is comparable to the mean
endowment of health professions schools in their health
professions discipline. The agreement requests a report no
later than 60 days after enactment of this Act on
implementation plans and engagement with key stakeholders.
FOGARTY INTERNATIONAL CENTER (FIC)
Health Disparities Research.--The agreement includes an
increase of $5,000,000 for FIC to support research related to
identifying and reducing health disparities.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)
Clinical and Translational Science Awards (CTSAs).--The
agreement provides $629,560,000, an increase of $22,914,000
above the fiscal year 2022 enacted level. The agreement
maintains its strong support for the CTSA program and reaffirms
previous language preserving the size, scope, and historic
mission of the CTSA program, including the direction that no
hub shall receive less than 95 percent of the resources that
were provided prior to fiscal year 2022. Last year, the
agreement expressed concerns with a new Funding Opportunity
Announcement and its potential to divert appropriated resources
away from CTSA hubs. The agreement is concerned that NCATS
continues to push to disaggregate CTSA activities, which makes
the application process burdensome on investigators and
resulted in nearly all institutions submitting partial
applications. No later than 30 days after enactment of this
Act, NCATS is directed to brief the Committees on options
toreverse disaggregation, preserve historic CTSA activities and
institutional support, including training as many young investigators
as possible, and ensure that any hub funded receive not less than 95
percent of the resources that were previously provided. Finally, the
agreement reiterates previous direction that NCATS inform the
Committees prior to any planned changes to the size of hub awards,
scope of the program, or strategic changes to the program, specifically
noting that the Committees shall be consulted prior to any new CTSA
initiatives being implemented.
Collaboration with Business Incubators.--The agreement
urges NCATS to redouble its efforts to leverage its mission by
exploring opportunities or potential collaborations with
business incubators that host small to midsize science,
research and pharmaceutical companies that use service-based
approaches to nurture and guide their member companies to
success.
Cures Acceleration Network (CAN).--The agreement includes
up to $70,000,000 for the CAN to reduce barriers between
research discovery and clinical trials. This increase will
allow NCATS to address or expand existing CAN cure concepts
focused on diagnostic technologies, gene therapy vectors,
artificial intelligence/machine learning (AI/ML)-enabled
chemistry for drug development, and the next phase of
dissemination of tissue chip technology. Further, the agreement
urges NCATS to consider supporting activities within CAN and
other NCATS' offices or divisions that focus on precision
medicine--from precision prevention, to precision diagnosis, to
precision therapeutics. Activities should also include the
ability to generate the data to demonstrate the efficacy and
cost effectiveness of precision medicine.
Full Spectrum of Medical Research.--The agreement applauds
NIH efforts to support and advance the full spectrum of medical
research, which ensures breakthroughs in basic science are
translated into therapies and diagnostic tools that benefit
patient care while disseminating cutting-edge information to
the professional community. The agreement notes the importance
of flagship initiatives, including the CTSA program, to these
important efforts.
OFFICE OF THE DIRECTOR (OD)
Administrative Offices.--For fiscal year 2023, the
agreement provides the Budget Office $4,550,000 and directs it
to recruit and hire a new GS15 staff member or higher to serve
as the Committees' primary liaison with NIH. The Budget Office
is urged to recruit internally from within NIH to fill this
position within 120 days of enactment of this Act.
Adoption of Dogs, Cats, and Rabbits Used in Research.--The
agreement requests NIH to provide a report to the Committees no
later than 180 days after enactment of this Act on the
feasibility and/or challenges of post-research adoption.
ALS Research, Treatments, and Expanded Access.--The
agreement recognizes it is critically important that NIH
continue to grow its investment in ALS research to capitalize
on the momentum to find new treatments for ALS and a cure for
the disease. The agreement recognizes that each year, only a
small portion of research funds are spent on new research
projects. The agreement strongly urges NIH to maintain the ALS
drug ecosystem with additional grant funding for extramural
research through NINDS. In addition, the agreement urges NIH to
continue to increase support and momentum for ALS research that
can lead to new treatments and better care as quickly as
possible, as well as support expanded access research for ALS
investigational drugs.
In addition, the agreement directs NIH to handle funding of
expanded access grants as authorized in the ACT for ALS (P.L.
117-79) as separate, not competitive with, funding for other
research on ALS and includes $75,000,000 for this purpose, an
increase of $50,000,000 above the fiscal year 2022 enacted
level.
The agreement urges NINDS and OD to strengthen the expanded
access grant application process. This should include allowing
applicants 60 days from the official publication date of the
Funding Opportunity Announcement (FOA) to solicit applications
to conduct scientific research utilizing data from expanded
access to investigational drugs or biological products to allow
potential applicants sufficient time to develop meaningful
collaborations and responsive projects. NINDS and OD are also
directed to offer technical assistance to interested applicants
during the grant process and prior to the submission due date
of the FOA. Further, the agreement directs NINDS and OD to host
webinars for potential applicants to prepare grant applications
and also to offer forums for stakeholder engagement throughout
the grant process.
The agreement directs NINDS and OD to brief the Committees
prior to any execution of expanded access grants or
programmatic funding. Further, once awards are announced, the
agreement directs NINDS and OD to provide the Committees with
an explanation of the funded grants, including a clear
breakdown of what the funding is to be used for. The agreement
directs NINDS and OD to fund as many applications as possible
and to fund them for one year increments as is common with
other NINDS grants.
Furthermore, if after NINDS completes its review of
expanded access research grant applications and awards grants
to eligible applications for expanded access programs under
Section 2 and there are additional funds, those fundsshallbe
used tofund Section 3 public-private research partnerships
underthe Act for ALS.
Finally, if sufficient eligible applications are not
received, or NINDS and OD have any reason to believe any
funding should lapse for any reason, the ICs are directed to
notify the Committees prior to the notifications of awards.
This notification shall include: (1) a detailed explanation as
to why applications cannot be funded; (2) the technical
assistance provided to applicants to assist them in submitting
eligible grant applications; and (3) a proposed plan to award
funding for other ALS research prior to the end of the fiscal
year.
Analyzing Differences in COVID-19 Study Outcomes.--The
agreement recognizes that the COVID--19 pandemic has exposed an
array of related health disparities, including a difference in
acute disease severity and outcomes between female and male
patients. To better understand how sex, race, and other
variables impact study outcomes, the agreement directs the ICs,
in coordination with OD and the Office of Research on Women's
Health, to support research to assess whether sex, race, and
other differences play a role in study outcomes.
Artificial Intelligence/Machine Learning (AI/ML).--The
agreement provides $135,000,000 to support NIH's efforts to
build capacity to leverage machine learning to accelerate the
pace of biomedical innovation. This includes $50,000,000 for
AI/ML-focused investments and other ML-focused initiatives and
$85,000,000, an increase of $15,000,000, for the Office of Data
Science Strategy (ODSS). ODSS is encouraged to launch a pilot
with the Department of Energy to study the potential for
quantum computing for biomedical sciences. The agreement
directs ODSS and the Chief Information Officer to provide
biannual updates to the Committees on their efforts. In
addition, the agreement includes an increase of $3,000,000 for
the Office of Portfolio Analysis
(OPA) under the Division of Program Coordination, Planning,
and Strategic Initiatives. The agreement stronglysupports NIH's
efforts to build AI-based analytical tools to help NIH optimize
investments in biomedical research by identifying emerging topics and
predicting which ones will produce transformative breakthroughs. These
tools--which themselves could be transformative--will also help NIH
assess the return on investment of past investments, providing insight
that has largely been absent in biomedical research. The agreement
expects OPA to use the additional funding to expedite the development
and adoption of the tools by NIH. The agreement directs OPA to provide
the Committees an update on its efforts within 60 days of enactment of
this Act, including the percentage of NIH program staff in each IC that
use OPA's tools.
Autoimmune Diseases.--Since many autoimmune diseases affect
women predominantly, the agreement includes $10,000,000 to
implement the recommendations of a recent NASEM report to
establish an Office of Autoimmune Disease Research (OADR)
within the Office of Research on Women's Health (ORWH). The
agreement directs OADR to: (1) coordinate the development of a
multi-IC strategic research plan with concrete, meaningful
milestones to set priorities; (2) as part of the internal and
external outreach for the strategic plan, identify emerging
areas of innovation and research opportunity; (3) coordinate
and foster collaborative research across ICs; (4) annually
evaluate the autoimmune research portfolio to determine
progress made across NIH; (5) provide resources to support
planning, collaboration, and innovation; and (6) develop and
oversee a publicly accessible central repository for autoimmune
disease research. The agreement directs ORWH and OADR to brief
the Committees within 150 days of enactment of this Act on
NIH's efforts to stand up OADR and the status of the
aforementioned directives.
Biomedical Research Facilities.--The agreement provides
$80,000,000 for grants to public and nonprofit entities to
expand, remodel, renovate, or alter existing research
facilities or construct new research facilities as authorized
under 42 U.S.C. section 283k. Further, the agreement urges NIH
to consider recommendations made by the NIH Working Group on
Construction of Research Facilities, including making awards
that support a significant number of newly constructed or
renovated facilities. Finally, the agreement encourages NIH to
prioritize projects focused on specialized imaging capacities.
Brain Research through Advancing Innovative
Neurotechnologies (BRAIN) Initiative.--The agreement includes
$680,000,000 for the BRAIN Initiative, including $450,000,000
authorized in the Cures Act. The overall funding level includes
$95,000,000 for the Human Brain Cell Atlas; $10,000,000 for the
Armamentarium for Brain Cell Access; and $30,000,000 for the
Brain Connectivity Map. The agreement directs NIH to brief the
Committees on the progress and achievements of key projects, as
well as mid-term objectives and anticipated/actual outcomes,
within 90 days of enactment of this Act.
Childhood Post-infectious Neuroimmune Disorders/PANS/
PANDAS.--The agreement encourages NIH to prioritize research in
this area, and include an update in the fiscal year 2024
Congressional Justification on the progress being made on the
understanding of the costs, causes, diagnostic criteria, and
treatment of these conditions.
Chimera Research.--The agreement supports NIH's funding
limitation regarding the introduction of human pluripotent
cells into non-human vertebrate animal pre-gastrulation stage
embryos. The agreement takes seriously the bio-ethical
considerations regarding the creation of human-animal chimeras
and the continuation of research using these cells.
Chimpanzee Maintenance, Care, and Transportation.--The
agreement directs NIH to provide a report to the Committees
quarterly, beginning no later than February 1, 2023, that shall
include: (1) the number of chimpanzees transported to the
national sanctuary over the last quarter; (2) a census of all
government-owned and supported chimpanzees, remaining, if any,
at the Alamogordo Primate Facility (APF), the Keeling Center
for Comparative Medicine and Research (KCCMR), or the Southwest
National Primate Research Center (SNPRC); and (3) a list of any
chimpanzee deaths, including details on the cause of death and
the specific rationale behind any euthanasia decisions, that
have occurred at any time after January 1, 2020, at APF, KCCMR,
SNPRC, and the national sanctuary system.
Collection and Reporting of Animal Research Numbers and
Agency Funding.-- The Joint Explanatory Statement accompanying
the Consolidated Appropriations Act, 2022 requested a plan to
improve the accuracy and transparency of collected data on the
use of animals in NIH-funded research. The agreement further
encourages NIH to develop and include a draft form for
collecting this information annually and to include details on
how the agency will address any incomplete reporting of NIH-
funded research with animals and encourage prospective
documentation of study design and analysis plans.
Common Data Elements (CDEs).--The agreement recognizes the
increasing importance of CDEs that enable standardized and
consistent use of data in research, especially translational
and clinical research, and that facilitate efforts to replicate
and validate findings, for a disease area. The NIH encourages
use of CDEs including use of the NIH's CDE repository. To
encourage development and use of CDEs in disease areas where
they currently do not exist, the agreement directs ODSS to work
with ICs to support efforts to develop CDEs, including through
collaborations with research stakeholders. The agreement also
directs ODSS to provide a list of diseases and disease areas
actively under development, such as autoimmune and immune-
mediated conditions, to inform further NIH efforts to support
development of such elements.
Common Fund.--The Common Fund supports cross-cutting,
trans-NIH programs that require participation by multiple ICs,
strategic planning, coordination, and have the potential for
extraordinary impact. The agreement provides a $65,000,000
increase to the Common Fund with the expectation that it will
focus on time limited, goal-driven investments that accelerate
emerging science and support high-risk/high-reward research.
The agreement directs NIH to brief the Committees about its
plans for these funds and other notable Common Fund initiatives
within 120 days of enactment. Further, this briefing should
include detailed plans on how to support any Common Fund
programs within two years of graduation from the program.
Cybersecurity.--The agreement provides $265,000,000, an
increase of $40,000,000 above the fiscal year 2022 enacted
level, to strengthen cybersecurity at NIH.
Developmental Delays.--The agreement includes an increase
of $10,000,000 for research on developmental delays, including
speech and language delays in infants and toddlers,
characterizing speech and language development and outcomes in
infants and toddlers through early adolescence. Such research
shall include studies, including longitudinal studies.
Diversity in NIH Kidney Disease Research Populations.--The
agreement directs NIH to include an update in the fiscal year
2024 Congressional Justification regarding the NIH kidney
disease research program, including research on health
disparities in the prevention, diagnosis, and treatment of
kidney disease among racial and ethnic minority populations.
Dual Purpose/Dual Benefit Research.--The agreement
encourages a partnership between NIH, the National Institute of
Food and Agriculture, and the other relevant 115 Federal
research and development agencies to develop a next generation
interagency program using agriculturally important large animal
species. The agreement expects NIH to continue this important
cooperative partnership program to further strengthen ties
between human medicine, veterinary medicine, and animal
sciences, with the goal to improve animal and human health and
provide enhanced applicability and return on investment in
research.
Early-career Pediatric Researchers.--The agreement
encourages NIH, through the Trans-NIH Pediatric Research
Consortium, to explore an NIH-wide early career development
award that is focused on early-career researchers in the field
of pediatrics that includes efforts to recruit researchers from
diverse backgrounds, including those that are from groups
underrepresented in the biomedical workforce. The agreement
requests an update on progress in the fiscal year 2024
Congressional Justification.
Environmental Influences on Child Health Outcomes (ECHO).--
The agreement includes $180,000,000, the same level as fiscal
year 2022, for the ECHO program. ECHO currently funds the
Navajo Birth Cohort Study. The agreement encourages OD to
consider expanding the study to include a larger representation
of indigenous children in the national cohort to allow for a
better understanding of the impacts of environmental exposure
in these unique populations.
Firearm Injury and Mortality Prevention Research.--The
agreement includes $12,500,000, the same level as fiscal year
2022, to conduct research on firearm injury and mortality
prevention. Given violence and suicide have a number of causes,
the agreement recommends NIH take a comprehensive approach to
studying these underlying causes and evidence-based methods of
prevention of injury, including crime prevention. All grantees
under this section will be required to fulfill requirements
around open data, open code, pre-registration of research
projects, and open access to research articles consistent with
the National Science Foundation's open science principles. The
Director is to report to the Committees within 30 days of
enactment of this Act on implementation schedules and
procedures for grant awards, which strive to ensure that such
awards support ideologically and politically unbiased research
projects.
Foreign Influence.--To support NIH's efforts to
expeditiously complete grant compliance reviews, the agreement
continues to include $2,500,000 for this activity within the
Office of Extramural Research.
Harassment Policies.--The agreement directs NIH to
establish a strategic plan and timeline to implement the
recommendations of the 2020 NIH Workplace Climate and
Harassment Survey, and to continue to regularly conduct similar
surveys and make the findings public to facilitate progress
tracking and accountability.
Heritable Genetic Information Study.--The agreement directs
NIHto enter into an agreement with NASEM within 60 days of
enactment of this Act to identify the biological basis of
health risks relevant to the regulation of heritable genetic
information in food animals. NASEM will conduct a study to
identify genetic and other molecular mechanisms that could
present risks to human health based on heritable genetic
information (natural, induced, intended, or designed) in food
animal species. In conducting this study, NASEM will: (1)
identify biological mechanisms that may present novel hazards
associated with animal food species that harbor intended,
induced, or designed heritable genetic information that would
not be presented by standard breeding or reproductive
technologies practiced in animal agriculture; (2) assess the
absolute and relative likelihood of animal agricultural
presenting such hazards; and (3) identify experimental
strategies and methodologies to evaluate the human safety of
animals (or the derived agricultural products) that harbor
intended, induced, or designed heritable genetic information
for agricultural applications. Based on its review of the
literature, consultations with the Departments of Health and
Human Services and Agriculture, and other expert input, NASEM
will report its findings, conclusions, and recommendations,
including identification of specific near- and medium-term
scientific questions (i.e., in . . . o 10 year period) that may
be addressed through NIH or HHS funding. The report will also
include strategies for addressing major scientific or technical
barriers to progress on these scientific questions. The
agreement provides $1,300,000 to cover the costs of this study.
Humane Research Alternatives.--The agreement recognizes
that non-human primate research models make significant
contributions to advancing science's understanding of diseases
and disorders afflicting humans and animals, including in the
discovery and evaluation of new therapeutics before they go to
clinical trials in human and animal patients. However,
recognizing that humane, cost-effective, and scientifically
suitable non-animal methods are available for certain research
models, but underutilized, the agreement directs NIH to report
to the Committees no later than 180 days after enactment of
this Act on the feasibility of establishing incentives to
encourage investigators to utilize non-animal methods whenever
appropriate for the research question and how to establish
standardized guidelines for peer review evaluation of the
justification for research with animals.
HIV/AIDS Research.--The agreement includes an increase of
$100,000,000 above the fiscal year 2022 level for research
related to HIV/AIDS across NIH.
Corps.--The agreement encourages NIH to expand access to
healthcare commercialization programs such as I-Corps@NIH and
the Concept to Clinic: Commercializing Innovation (C3i)
programs for their Small Business Innovation Research and Small
Business Technology Transfer Programs recipients.
INCLUDE Initiative.--The agreement includes no less than
$90,000,000 for this activity and requests an updated plan as
described in House Report 117-403.
Lyme Disease and Related Tick-Borne Illnesses.--The
agreement urges NIH to develop new tools that can more
effectively prevent, diagnose, and treat Lyme disease,
including its long-term effects, and other tick-borne diseases.
The agreement encourages NIH to evaluate the effectiveness of
laboratory tests associated with the detection of Borrellia
burgdori to diagnose the disease early, as well as the
promotion and development of potential vaccine candidates for
Lyme disease and other tick-borne diseases. The agreement urges
NIH to conduct research to better understand modes of
transmission for Lyme and other tick-borne diseases, including
vertical transmission. The agreement encourages NIH to
incentivize new investigators to enter the field of tick-borne
disease research. The agreement directs NIH to coordinate with
CDC on publishing reports that assess diagnostic advancements,
methods for prevention, the state of treatment, and links
between tick-borne disease and psychiatric illnesses.
National Security.--The agreement believes that NIH should
consider relevant national security issues when developing and
executing the NIH-wide Strategic Plan.
Native Hawaiians (NH).--The agreement directs NIH to
provide the Committees a report within 90 days after enactment
of this Act describing how it currently coordinates NH health
research-related activities across the agency and with the NH
community. The agreement encourages NIMHD to partner with
entities with a proven track record of working closely with NH
communities and NH-serving organizations to support the
development of NH investigators.
Office of Nutrition Research.--The agreement continues to
fund the Office of Nutrition at the fiscal year 2022 level.
Office of Research on Women's Health (ORWH).--The agreement
includes $76,480,000 for ORWH. Within the total for ORWH, the
agreement provides $5,000,000, an increase of $1,000,000 above
the fiscal year 2022 enacted level, for the Building
Interdisciplinary Research Careers in Women's Health (BIRCWH)
program to fund additional BIRCWH fellows at existing sites. To
address the persistent gaps that remain in the knowledge of
women's health, the agreement includes $2,000,000 within ORWH
to contract with NASEM to conduct a study on the gaps present
in women's health research across all NIH ICs. Specifically,
the study should be designed to explore the proportion of
research on conditions that are more common or unique to women,
establish how these conditions are defined and ensure that it
captures conditions across the lifespan, evaluates sex
differences and racial health disparities, and determine the
appropriate level of funding that is needed to address gaps in
women's health research at NIH. The agreement requests NASEM,
not later than 18 months after the date on which the agreement
is entered, to submit to Congress a report containing the
findings of the study and the recommendations to address
research gaps in women's health research, including measurable
metrics to ensure that this research is accurately tracked to
meet the continuing health needs of women. As mentioned above,
the agreement also includes $10,000,000 within ORWH to
establish the Office of Autoimmune Disease Research.
Office of the Chief Officer for Scientific Workforce
Diversity.--The agreement includes no less than $22,415,000 for
this office.
Palliative Care.--The agreement reiterates the need for NIH
to develop and implement a trans-Institute strategy to expand
and intensify national research programs in palliative care.
The agreement urges NIH to ensure that palliative care is
integrated into all areas of research across NIH and requests
an update on plans to realize this coordination in the fiscal
year 2024 Congressional Justification.
Postural Orthostatic Tachycardia Syndrome (POTS).--POTS is
one of the most common forms of dysautonomia, estimated to
impact up to 3,000,000 Americans prior to the COVID-19
pandemic. Recent research suggests that 67 percent of
individuals experiencing post-acute sequelae of SARS-COV-2
(PASC), also known as Long COVID, are developing moderate to
severe dysautonomia, most commonly presenting as POTS. Due to
the sudden increase in the patient population affected by this
debilitating disorder, the agreement strongly encourages NIH to
support new research on POTS, to address the gaps in current
knowledge identified during the NIH's July 2019 workshop,
Postural Orthostatic Tachycardia Syndrome (POTS): State of the
Science, Clinical Care, and Research. The agreement strongly
encourages NIH to establish a multi-Institute Notice of Special
Interest to spur additional needed research addressing the
identified gaps in knowledge.
Prenatal Opioid Use Disorders and Neonatal Abstinence
Syndrome (NAS).--The agreement encourages NIH to coordinate
with other agencies at HHS to support additional research on
prevention, identification, and treatment of prenatal opioid
exposure and NAS, including the best methods for screening and
treating pregnant women for opioid use disorder and the best
methods for screening for NAS. Additionally, the agreement
encourages NIH to support research through the ACT NOW and HBCD
studies to enhance understanding of the impact of
pharmacological and non-pharmacological treatments for NAS on
costs and outcomes in the short-term and longitudinally. The
agreement further encourages NIH to coordinate with other
agencies at HHS to support research on innovative care models
to optimize care and long-term outcomes for families.
Sexual Orientation and Gender Identity Research Center.--
The agreement does not provide funding to establish the Center.
BUILDINGS AND FACILITIES
The agreement includes $350,000,000 for Buildings and
Facilities. For the third time in as many years, the agreement
does not include authority for NIH to transfer up to 1 percent
of its research funding to Buildings and Facilities. This is
highly unusual authority for a Federal agency and NIH has once
again provided no explanation for why this mechanism would be
appropriate for NIH, but not other Federal agencies. Should NIH
request this authority in its fiscal year 2024 budget request,
it is directed to provide to the Committees an RCDC report at
the same time the Congressional Justification is delivered
detailing estimated expenditures by disease category before and
after the 1 percent authority is used in fiscal year 2024. At
the same time, NIH is directed to provide a list of the
projects it would fund using this transfer authority.
The agreement directs NIH to continue to provide quarterly
updates of its efforts to develop best practices and its
maintenance and construction plans for projects whose cost
exceeds $3,500,000, including any changes to those plans and
the original baseline estimates for individual projects. It
also directs NIH to describe in its fiscal year 2024 and future
Congressional Justifications how the projects requested in its
budgets tie to its capital planning process, including the
RFAC's role in determining which projects are selected for
inclusion in the budget.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)
MENTAL HEALTH
Certified Community Behavioral Health Clinics (CCBHC).--The
agreement continues to encourage SAMHSA to work with CMS to
review and update the Department's approach to CCBHC
certification activities. SAMHSA and CMS are directed to
provide an update on the review and implementation of the CCBHC
expansion included in the Bipartisan Safer Communities Act
within 90 days of enactment of this Act. Within the increase,
the agreement includes $3,000,000 for the expansion and
operation of the CCBHC-Expansion National Training and
Technical Assistance Center to assist stakeholders on the
application of certification criteria, data reporting
requirements, financing questions, and best practices related
to the expansion of the demonstration program included in the
Bipartisan Safer Communities Act (P.L. 117-159).
Children's Mental Health Services.--The agreement includes
an increase to expand efforts, including reaching more children
and training more people in mental health activities and
practices.
Mental Health Block Grant.--The agreement continues to
include a five percent set-aside of the total for evidence-
based crisis care programs that address the needs of
individuals with serious mental illnesses, children with
serious emotional disturbances, or individuals experiencing a
mental health crisis.
National Child Traumatic Stress Initiative.--The agreement
includes an increase and directs SAMHSA to ensure the network
maintains its focus on collaboration, data collection, and the
provision of direct services, and that new grant opportunities
should not be limited to training only.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Seclusion and Restraint............................... $1,147,000
Project AWARE......................................... 140,001,000
Healthy Transitions................................... 30,451,000
Mental Health Awareness Training...................... 27,963,000
Infant and Early Childhood Mental Health.............. 15,000,000
Children and Family Programs.......................... 7,229,000
Consumer and Family Network Grants.................... 4,954,000
Project LAUNCH........................................ 25,605,000
Mental Health System Transformation................... 3,779,000
Primary and Behavioral Health Care Integration........ 55,877,000
Mental Health Crisis Response Grants.................. 20,000,000
988 Program........................................... 501,618,000
National Strategy for Suicide Prevention.............. 28,200,000
Zero Suicide........................................ 26,200,000
American Indian and Alaska Native................... 3,400,000
Garrett Lee Smith--Youth Suicide Prevention...........
State Grants........................................ 43,806,000
Campus Grants....................................... 8,488,000
American Indian and Alaskan Native Suicide............
Prevention Initiative............................... 3,931,000
Tribal Behavioral Grants.............................. 22,750,000
Homelessness Prevention Programs...................... 33,696,000
Minority AIDS......................................... 9,224,000
Criminal and Juvenile Justice Programs................ 11,269,000
Assisted Outpatient Treatment......................... 21,420,000
Assertive Community Treatment for Individuals with 9,000,000
Serious Mental Illness...............................
Interagency Task Force on Trauma Informed Care........ 2,000,000
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource Center. 11,000,000
Practice Improvement and Training..................... 7,828,000
Primary and Behavioral Health Integration Technical 1,991,000
Assistance...........................................
Consumer & Consumer Support Technical Assistance 1,918,000
Centers..............................................
Minority Fellowship Program........................... 11,059,000
Disaster Response..................................... 1,953,000
Homelessness.......................................... 2,296,000
------------------------------------------------------------------------
Behavioral Health Crisis Services and 988 Program (988).--
The agreement reflects a one-time appropriation provided in
section 145 of P.L. 117-180 and provides an increase in funding
to support local crisis center capacity and centralized network
functions in order to respond to the increase in contacts as
the National Suicide Prevention Lifeline (Lifeline) continues
its transition to 988. The agreement encourages SAMHSA to
expand existing intervention and suicide prevention hotline and
web services and focus outreach on youth. The agreement also
encourages SAMHSA to partner with academic institutions and
organizations in areas with high concentrations of veterans and
active duty military personnel to ensure access to 988 and
crisis lifeline resources. The agreement requests a briefing
within 90 days of enactment of this Act on the implementation
of the 988 program, which shall include a spend plan for the
resources allocated through 988. Within the increase for 988,
the agreement provides $7,000,000 for the Behavioral Health
Crisis and 988 Coordinating Office. In addition, within the
increase for 988, the agreement provides $10,000,000 to provide
services for Spanish speakersseeking access to the Lifeline
through texts or chats. SAMHSA shall make this funding available to one
or more organizations with the capacity and experience to offer
culturally competent, Spanish language text and chat services for
mental health support and crisis intervention. Furthermore, within the
increase for 988, the agreement provides $29,700,000 and directs the
activities included in House Report 117-403, including making funding
competitively available to provide the capacity and infrastructure to
handle vulnerable youth callers, chats, and texts through interactive
voice response technology and other technology solutions where
appropriate.
COVID-19 Impact.--The agreement does not include directives
for the reports described in House Report 117-403.
Depression.--The agreement encourages a national Depression
Center of Excellence to help translate academic treatment
advances into clinical care. This Center would help address the
need for earlier clinical detection of depression and new
strategies to prevent recurrences of depressive illnesses, as
well as ways of reducing their length and severity.
Mental Health Awareness Training.--The agreement includes
an increase for Mental Health Awareness Training and directs
SAMHSA to continue to include as eligible grantees local law
enforcement agencies, fire departments, and emergency medical
units with a special emphasis on training for crisis de-
escalation techniques. SAMHSA is also encouraged to allow
training for college students, veterans and armed services
personnel and their family members and to broaden applicable
settings to include non-educational and non-healthcare settings
where appropriate.
Mental Health Centers of Excellence.--The agreement urges
SAMHSA to continue supporting centers of excellence focused on
the development, evaluation, and distribution of evidence-based
resources regarding comprehensive treatment recommendations for
mental health patients. These recommendations may include
supportive services, wraparound services, and social
determinants of care where applicable. The centers will also
work to disseminate treatment recommendations to the broader
network of mental health clinicians.
Mental Health Crisis Response Grants.--The agreement
includes an increase for the activities directed in House
Report 117-403.
Project AWARE.--The agreement includes an increase for
school-and campus-based mental health services and support. Of
the amount provided, the agreement directs $17,500,000 for
grants to support efforts in high-crime, high-poverty areas
and, in particular, communities that are seeking to address
relevant impacts and root causes of civil unrest, community
violence, and collective trauma. Additionally, within this
increase, the agreement provides $12,000,000 to increase
student access to evidence-based, culturally relevant, trauma
support services and mental health care through established
partnerships with community organizations as authorized by
section 7134 of the SUPPORT Act (P.L. 115-271).
SUBSTANCE ABUSE TREATMENT
State Opioid Response (SOR) Grants.--The agreement provides
an increase and notes that large swings in funding between
grant cycles can pose a significant challenge for States
seeking to maintain programs that were instrumental in reducing
drug overdose fatalities. The agreement directs SAMHSA to avoid
significant cliffs between States with similar opioid mortality
data, and to prevent unusually large changes in a State's SOR
allocation when compared to the prior year's allocation. In
ensuring the formula avoids such cliffs, the Assistant
Secretary may consider options including, but not limited to,
expanding the number of States that are eligible for the 15
percent set aside. The agreement continues to direct SAMHSA to
conduct a yearly evaluation of the program to be transmitted to
the Committees no later than 180 days after enactment of this
Act and make such an evaluation publicly available on SAMHSA's
website.
SOR Overdose Data Report.--The agreement recognizes that
drug overdose mortality data collection and reporting is
complex, often with multi-substance use contributing to
mortality. The agreement encourages SAMHSA to evaluate the data
used to calculate SOR allocations, including whether accurate,
State-level data exists for mortality rates for opioid use
disorders and whether such data should be used to calculate the
15 percent set-aside within SOR.
Substance Abuse Prevention and Treatment Block Grant
(SABG).--The agreement does not include a new set-aside within
the SABG for recovery services, but urges SAMHSA to strongly
encourage States to use a portion of their SABG funding for
recovery support services.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Opioid Treatment Programs and Regulatory Activities... $10,724,000
Screening, Brief Intervention, and Referral to 33,840,000
Treatment............................................
PHS Evaluation Funds................................ 2,000,000
Targeted Capacity Expansion--General.................. 122,416,000
Medication-Assisted Treatment for Prescription Drug 111,000,000
and Opioid Addiction...............................
Grants to Prevent Prescription Drug/Opioid Overdose... 16,000,000
First Responder Training.............................. 56,000,000
Rural Focus......................................... 31,000,000
Pregnant and Postpartum Women......................... 38,931,000
Recovery Community Services Program................... 4,434,000
Children and Families................................. 30,197,000
Treatment Systems for Homeless........................ 37,114,000
Minority AIDS......................................... 66,881,000
Criminal Justice Activities........................... 94,000,000
Drug Courts......................................... 74,000,000
Improving Access to Overdose Treatment................ 1,500,000
Building Communities of Recovery...................... 16,000,000
Peer Support Technical Assistance Center.............. 2,000,000
Comprehensive Opioid Recovery Centers................. 6,000,000
Emergency Department Alternatives to Opioids.......... 8,000,000
Treatment, Recovery, and Workforce Support............ 12,000,000
Youth Prevention and Recovery Initiative.............. 2,000,000
Science and Service:
Addiction Technology Transfer Centers................. 9,046,000
Minority Fellowship Program........................... 7,136,000
------------------------------------------------------------------------
Building Communities of Recovery.--The agreement provides
an increase for enhanced long-term recovery support principally
governed by people in recovery from substance use disorders.
The agreement encourages SAMHSA to continue supporting recovery
support programs principally governed by people in recovery
from substance use disorders, including peer support networks.
First Responder Training.--The agreement urges SAMHSA to
take steps to encourage and support the use of First Responder
Training funds for opioid safety education and training,
including initiatives that improve access for licensed health
care professionals, including paramedics, to emergency devices
used to rapidly reverse the effects of opioid overdoses. Within
the increase, the agreement provides $10,500,000 to make awards
to rural public and non-profit fire and EMS agencies as
authorized in the Supporting and Improving Rural Emergency
Medical Service's Needs (SIREN) Act (P.L. 115-334). The
agreement again encourages SAMHSA to allow the purchase of
equipment, including naloxone and to continue to fund grants
with award amounts lower than the maximum amount allowable.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--The agreement directs SAMHSA to ensure that
these grants include as an allowable use the support of
medication-assisted treatment and other clinically appropriate
services to achieve and maintain abstinence from all opioids,
including programs that offer low-barrier or same day treatment
options. Within the amount provided, the agreement includes
$14,500,000 for grants to Indian Tribes and Tribal
Organizations.
Opioid Use in Rural Communities.--The agreement encourages
SAMHSA to support initiatives to advance opioid use prevention,
treatment, and recovery objectives, including by improving
access through telehealth. SAMHSA is encouraged to focus on
addressing the needs of individuals with substance use
disorders in rural and medically underserved areas. In
addition, the agreement encourages SAMHSA to consider early
interventions, such as co-prescription of overdose medications
with opioids, as a way to reduce overdose deaths in rural
areas.
Opioid Use Disorder Relapse.--The agreement recognizes
SAMHSA's efforts to address opioid use disorder relapse within
Federal grant programs by emphasizing that opioid
detoxification should be followed by medication to prevent
relapse to opioid dependence. The agreement encourages SAMHSA
to continue these efforts.
Pregnant and Postpartum Women.--The agreement provides an
increase and again encourages SAMHSA to fund an additional
cohort of States under the pilot program authorized by the
Comprehensive Addiction and Recovery Act (P.L. 114-198).
Recovery Housing.--In order to increase the availability of
high-quality recovery housing, the agreement encourages SAMHSA
to examine opportunities to provide direct technical assistance
to communities in multiple states and promote the development
of recovery ecosystems that incorporate evidence-based recovery
housing for substance use disorder intervention. SAMHSA is
encouraged to explore the establishment of a Center of
Excellence with a non-profit, in collaboration with a college
of public health, which has expertise and experience in
providing technical assistance and research in recovery housing
and focuses on homeless and justice-involved individuals
utilizing blended funding and an intervention model with
demonstrated outcomes.
Treatment Assistance for Localities.--The agreement again
recognizes the use of peer recovery specialists and mutual aid
recovery programs that support Medication-Assisted Treatment.
The agreement directs SAMHSA to support evidence-based, self-
empowering, mutual aid recovery support programs that expressly
support Medication-Assisted Treatment in its grant programs.
Youth Prevention and Recovery Initiative.--The agreement
includes funding for activities outlined in House Report 117-
403.
SUBSTANCE ABUSE PREVENTION
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the agreement
includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Capacity:
Strategic Prevention Framework........................ $135,484,000
Strategic Prevention Framework Rx....................... 10,000,000
Federal Drug-Free Workplace........................... 5,139,000
Minority AIDS......................................... 43,205,000
Sober Truth on Preventing Underage Drinking........... 14,500,000
National Adult-Oriented Media Public Service Campaign. 2,500,000
Community-based Coalition Enhancement Grants.......... 11,000,000
Intergovernmental Coordinating Committee on the 1,000,000
Prevention of Underage Drinking......................
Tribal Behavioral Health Grants....................... 23,665,000
Science and Service:
Center for the Application of Prevention Technologies. 9,493,000
Science and Service Program Coordination.............. 4,072,000
Minority Fellowship Program........................... 1,321,000
------------------------------------------------------------------------
At-Home Prescription Drug Disposal.--The agreement supports
efforts to encourage at-home prescription drug deactivation and
disposal, and urges SAMHSA to support these types of programs.
Office of Prevention Innovation (OPI).--The agreement notes
concern with the manner in which SAMHSA established OPI,
without providing notice to the public for comment and failure
to include the office in the fiscal year 2023 budget request.
Further, the agreement is concerned that the work conducted by
the OPI may be outside of the authorized scope for the Center
for Substance Abuse Prevention. The agreement requests an
update from SAMHSA on OPI and its activities within 120 days of
enactment of this Act.
Strategic Prevention Framework-Partnerships for Success
Program.--The agreement encourages the program to support
comprehensive, multi-sector substance use prevention strategies
to stop or delay the age of initiation of each State's top
three substance use issues for 12 to 18 year old youth as
determined by the State's epidemiological data. The agreement
directs SAMHSA to ensure that State alcohol and drug agencies
remain eligible to apply along with community-based
organizations and coalitions.
Substance Misuse Prevention.--The agreement remains
supportive of efforts to reduce the risks associated with drug
use, including efforts to avoid drug overdose deaths and the
spread of diseases such as HIV and hepatitis. However, these
programs primarily serve individuals already struggling with
substance misuse and should not be considered primary
prevention programs. As such, the agreement strongly encourages
SAMHSA to ensure this funding is administered through the
Center for Substance Abuse Treatment and not through the Center
for Substance Abuse Prevention.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Health Surveillance..................................... $50,623,000
PHS Evaluation Funds.................................. 30,428,000
Program Support......................................... 84,500,000
Public Awareness and Support............................ 13,260,000
Performance and Quality Information Systems............. 10,200,000
Drug Abuse Warning Network.............................. 13,000,000
Behavioral Health Workforce Data........................ 1,000,000
PHS Evaluation Funds.................................. 1,000,000
------------------------------------------------------------------------
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $160,777,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included in this explanatory statement accompanying this
division.
Data on Substance Use Disorder Treatment.--The agreement
recognizes the challenges associated with treatment and
recovery data collection and again encourages SAMHSA to request
that States submit data on quality metrics for the evidenced-
based treatment and recovery programs that enable individuals
to achieve long-term recovery funded through the SABG, SOR, and
State Targeted Response to the Opioid Crisis grant programs.
Agency for Healthcare Research and Quality (AHRQ)
The agreement includes $373,500,000 for AHRQ. Within the
total, the agreement includes the following amounts:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Health Costs, Quality, and Outcomes:
Prevention/Care Management............................ $11,542,000
Health Information Technology (IT).................... 16,349,000
Patient Safety Research............................... 89,615,000
Health Services Research, Data, and Dissemination..... 101,103,000
Long COVID............................................ 10,000,000
Medical Expenditure Panel Survey........................ 71,791,000
Program Management...................................... 73,100,000
------------------------------------------------------------------------
Antimicrobial Resistance (AMR).--The agreement directs AHRQ
to work with other HHS agencies to provide the annual briefing
described under the section of the explanatory statement
dealing with the Office of the Secretary within 30 days of
enactment of this Act and every succeeding annual
appropriations act.
Center for Primary Care Research.--The agreement continues
$2,000,000 for this activity.
Diagnostic Errors.--The agreement includes $20,000,000 to
fund research, testing, and solutions to avoid diagnostic error
and to support Diagnostic Safety Centers of Excellence to
disseminate related findings. Funding provided will support
eight centers, with each center focusing on specific
conditions, populations, or settings of diagnostic safety as
noted in the fiscal year 2023 budget request.
Grief and Bereavement Care.--The agreement notes that more
Americans are experiencing grief and loss as a result of the
COVID-19 pandemic. The agreement includes $1,000,000 to fund an
evidence review and technical expert panel to assess the
feasibility of developing consensus-based quality standards for
high quality bereavement and grief care. AHRQ is directed, in
consultation with stakeholders including the National Quality
Forum (NQF), the Patient-Centered Outcomes Research Institute
(PCORI), and community-based providers including hospice
programs, to establish an evidence-base on what constitutes
high-quality grief and bereavement care.
Heart Disease Research.--Heart disease is the leading cause
of death for Americans. Understanding how to reduce the rate of
cardiac events and to control the metabolic processes that lead
to such events is needed. The agreement supports AHRQ studying
and assessing the current evidence for lipid control and
cardiovascular event reduction. In addition, the agreement
directs AHRQ to assess the current evidence on the costs and
benefits--including the costs to the Federal Treasury--of
angioplasties conducted in non-emergency situations and make
recommendations based on its findings within 180 days of
enactment of this Act.
Improving Maternal Health.--The agreement urges AHRQ to
fund research to understand the complex challenges of ensuring
safe and healthy pregnancies and childbirth, particularly for
underserved women who are at substantially higher risk of
complication and death.
Long COVID Research.--The agreement includes $10,000,000
for health-systems research on how best to deliver patient-
centered, coordinated care to those living with Long COVID,
including the development and implementation of new models of
care to help treat the complexity of symptoms those with Long
COVID experience.
Organ Availability.--The agreement urges AHRQ to evaluate
innovative approaches to enhance the availability of organs,
otherwise encourage donation, and further improve the organ
transplantation process, including through consultation with
other Federal agencies.
People with Disabilities.--The agreement includes $750,000
for AHRQ to work with stakeholders to develop a research agenda
and report for dissemination on health promotion, disease
prevention, and intervention strategies for people with
disabilities.
Sepsis.--To better understand the disease burden of sepsis,
the agreement includes $750,000 and directs AHRQ to conduct a
comprehensive set of studies that calculate the morbidity,
readmissions, and mortality related to sepsis with respect to
pediatrics, maternal sepsis, nursing home care, and
rehabilitation, and the association of pandemic-related changes
in the healthcare system on the burden of sepsis. The study
should also examine the annual financial costs of sepsis in the
United States.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Alzheimer's Disease (AD) Diagnostics.--CMS' bundled payment
policy for advance radiopharmaceuticals in the hospital
outpatient setting can make these diagnostic imaging services
cost prohibitive for many hospitals and doctors, especially
those providing care to racial and ethnic minorities, and
patients in rural areas. The agreement directs CMS to review
the utilization of AD diagnostics and consider potential
modifications that could make access to advanced imaging for AD
more equitable.
Cardiac Computed Tomography (CT).--The agreement notes that
unstable and low Medicare payments for cardiac CT services is
contributing to significant disparity in access to services
among minority populations and encourages CMS to address this
inequity.
Certified Community Behavioral Health Clinics (CCBHC).--The
agreement continues to encourage CMS to work with SAMHSA to
review and update the Department's approach to CCBHC
certification activities. The agreement directs CMS and SAMHSA
to provide an update on the review and implementation of the
CCBHC expansion included in the Bipartisan Safer Communities
Act within 90 days of the date of enactment of this Act.
Computed Tomography (CT) Colonography.--The agreement
encourages CMS to consider existing evidence to determine
whether CMS should cover CT Colonography as a Medicare-covered
colorectal cancer screening test under section 1861(pp)(1) of
the Social Security Act.
Diabetes Technology.--The agreement is concerned about
access to new technologies to treat diabetes and notes that CMS
and FDA have not coordinated their efforts regarding these
technologies, leading to a lack of certainty and predictability
regarding coverage and payment policies. The agreement expects
the report on this issue as requested in Public Law 117-103.
Evaluation and Management Services (E/M).--The agreement
requests an update in the fiscal year 2024 Congressional
Justification on a process to evaluate E/M services more
regularly and comprehensively.
Rural Hospital Closures.--The agreement notes that 135
rural hospitals have closed in the past decade and many others
are vulnerable to closure. The agreement directs CMS to provide
feedback to the Committees on Appropriations, the Senate
Committee on Finance, and the House Committee on Energy and
Commerce on providing appropriate relief for struggling
hospitals in rural and under-served communities.
Sepsis.--The agreement directs CMS, in collaboration with
CDC, to use the measure development process to develop new or
identify existing hospital quality measures for adult and
pediatric sepsis that could be implemented through notice and
comment rulemaking. This process should take into account the
adult and pediatric measures that were successfully adopted and
implemented in New York State. CMS should consult with the CDC
to determine if CDC's National Healthcare Safety Network (NHSN)
could include Adult Sepsis Event surveillanceand early
identification of sepsis, perhaps leveraging new data interoperability
standards. CMS, in coordination with the CDC, shall also develop new or
identify existing processes to publicly report quantitative and
qualitative information regarding sepsis care that may be reported
through the NHSN and may track hospital implementation of quality
improvement measures for adult and pediatric sepsis care.
Transitional Coverage for Emerging Technologies.--The
agreement requests an update in the fiscal year 2024
Congressional Justification on this program and related CMS
resources.
Whole Genome Sequencing.--The agreement notes a growing
body of evidence that whole genome sequencing (WGS), whole
exome sequencing, and gene panel testing can save lives and
money when used to diagnose infants and children suspected of
having a rare genetic disease. The agreement urges CMS to
develop guidance for state health officials on best practices
for incorporating these technologies into their Medicaid and
CHIP programs as a first-line diagnostic for children who are
suspected of having rare genetic diseases in the inpatient
setting. This guidance should also include advice for States on
how to encourage and incentivize managed care organizations to
cover these diagnostic tools for this population. The agreement
requests a report within 180 days of enactment on steps taken
to develop such guidance. Additionally, the agreement
understands that there are undiagnosed diseases that do not
require hospital inpatient care and urges CMS to issue guidance
on the Early and Periodic Screening, Diagnostic and Treatment
Benefit on the usage of WGS, whole exome sequencing, and gene
panel testing.
The agreement does not include directives for Contraceptive
Access under the Affordable Care Act, as described in House
Report 117-403.
The agreement does not include funding increases for new
initiatives for the development of a patient advocate program
or State All Payer Claims Databases, as described in House
Report 117-403.
HEALTH CARE FRAUD AND ABUSE CONTROL
Senior Medicare Patrol.--Within the amount provided for
CMS, the agreement includes $35,000,000 for this program.
Administration for Children and Families (ACF)
LOW INCOME HOME ENERGY ASSISTANCE (LIHEAP)
The agreement includes $1,500,000,000 in this division, and
$2,500,000,000 under this heading in the Disaster Relief
Supplemental Appropriations Act, 2023, to provide
$4,000,000,000 for the Low-Income Home Energy Assistance
program, an increase of $199,696,000 over the fiscal year 2022
enacted level. In addition to this funding, $1,000,000,000 in
supplemental funding is also provided in the Disaster Relief
Supplemental Appropriations Act, 2023, to help lower-income
families cover the costs of home heating and cooling.
The agreement includes $1,700,000 in additional technical
assistance funding for HHS to continue to develop a formula
system to simplify the formulation process to enable ACF staff
to provide estimates more readily when requested by the
Committees. Once such a system is in place, the agreement
instructs HHS to work collaboratively with the Committees to
promptly respond to requests for estimates and to ensure no
request shall be outstanding for longer than 10 calendar days.
The agreement continues bill language to reduce volatility
in State allocations of LIHEAP funding in order to prevent
States from experiencing significant reductions in funding
between fiscal years.
REFUGEE AND ENTRANT ASSISTANCE
The agreement recognizes that funding for this account is
highly dependent on estimates and that funding needs can
fluctuate significantly based on factors largely outside of
HHS' control. The agreement notes that there has been a
significant increase in the number of Cuban entrants in fiscal
year 2022 and through the first quarter of fiscal year 2023 who
are categorically eligible for ORR-funded services. The
agreement expects the Administration to provide timely
estimates of funding needs along with the required monthly
updates of such eligible populations.
Victims of Trafficking
Within the total for this program, the agreement includes
no less than $5,000,000 for the National Human Trafficking
Hotline.
Unaccompanied Children
Confidentiality of Records.--The agreement recognizes that
unaccompanied children often share extensive personal
information to case managers, clinicians, or other adults while
in Office of Refugee Resettlement (ORR) care, and expects ORR
and its grantees and contractors to protect sensitive personal
information, behavioral health records, and mental health
records consistent with all applicable child welfare laws,
regulations, and licensing requirements. The agreement expects
ORR to ensure it is complying with its obligation to protect
children's private and confidential information, including
information in significant incident reports, from unauthorized
disclosure.
Services for Children.--The agreement includes no less than
$750,000,000 for post-release services, legal services, and
child advocates, pending the availability of funds due to
recent uncertainties in referrals and funding needs. The
agreement understands the supply of service providers may be
constrained in some areas, and encourages ORR to allow grantees
to use flexibilities in contracting expenses, to the extent
practicable, to build the capacity to ensure the necessary
legal requirements are met to provide expanded services to
children.
Sibling Placement.--The agreement continues to direct ORR
to place siblings in the same facility, or with the same
sponsor, to the extent practicable, and so long as it is
appropriate and in the best interest of the child.
Spend Plan.--The agreement directs ORR to submit a
comprehensive spend plan to the Committees every 60 days,
incorporating all funding provided in this Act, and previous
Acts. The agreement expects the plan to contain a report on
facilities per House Report 117-403.
State-Licensed Shelters.--The agreement continues to direct
HHS to prioritize licensed, community-based shelters and
programs (including foster care and small group homes) over
large-scale shelters, and to notify the Committees prior to all
new funding opportunity announcements, grants or contract
awards, or plans to lease, rent, or acquire real property.
Further, the agreement strongly encourages ORR to more
consistently and predictably post funding opportunity
announcements, and to provide training and technical assistance
to potential new providers with the goal of increasing the
percentage of HHS' capacity in such small, community-based
programs.
Unlicensed Facilities.--The agreement notes significant
concern with the continued reliance on influx care facilities.
The agreement expects that such facilities will only be used as
a matter of last resort and at times when there is not
sufficient capacity in State-licensed shelters and programs.
The placement of children in such facilities when not
absolutely necessary is counter to established child welfare
best-practices. Further, it drains resources that could
otherwise be spent on other activities, including expanding
services available to children. Finally, it reduces funding
available to help ensure that HHS can expand capacity when it
is necessary.
The agreement expects any unlicensed facilities, when
absolutely necessary to operate, to meet the statutory
requirements included in this Act. In addition, the agreement
includes the directives and reports required under this heading
in House Report 117-403.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
The agreement directs ACF to include in future annual
budget justifications amounts spent on Federal administrative
expenses, including total FTE and non-personnel allocations,
funded through this account.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Head Start.--The agreement encourages ACF to consider the
unique challenges faced by Head Start grantees in remote and
frontier areas when reviewing such grantees' compliance with
health and dental screening requirements as part of the
Designation Renewal System.
The agreement also encourages ACF to ensure that all Head
Start grantees are aware of any funding opportunities, or
funding otherwise available, for making capital improvements to
their facilities. Further, ACF is encouraged to standardize
this process so all grantees have equal opportunity to apply
and are aware of priorities and eligible uses of such funds.
Preschool Development Grants.--The agreement encourages ACF
to support States that choose to develop high-quality and
culturally competent dual immersion preschool programs and
recommends a focus on training, professional development, and
postsecondary education for all caregivers, teachers, and
directors to meet the needs of Dual Language Learners through
dual language acquisition, engaging culturally and
linguistically diverse families, home language support, and
culturally and linguistically appropriate assessment.
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The agreement continues $60,000,000 to help States
continue to develop and implement infant plans of safe care as
required by section 106 of the Child Abuse Prevention and
Treatment Act. The agreement also encourages HHS to provide
technical assistance to States on best practices for developing
notification systems that are distinct and separate from the
system used in the State to report child abuse and neglect in
order to promote a public health response to infants affected
by substance use disorders.
Child Abuse Discretionary Activities.--The agreement
includes $2,000,000 for ongoing support for a national child
abuse hotline to provide resources and intervention in all
modalities, including chat, text, and call, to provide
comprehensive capabilities to serve both youth and concerned
adults facing child abuse and neglect.
The agreement includes $2,000,000 for demonstration
projects for serving children in foster care who have
experienced severe trauma through trauma-informed interventions
as directed in House Report 117-403.
Adoption Opportunities.--The agreement includes $2,000,000
for the National Adoption Competency Mental Health Training
Initiative.
Social Services Research and Demonstration.--The agreement
continues funding for the Diaper Distribution Demonstration and
Research Pilot and expects that $10,000,000 of the funds made
available for awards for direct services be made to approved
but unfunded applicants of funding opportunity HHS-2022-ACF-
OCS-EDA-0161, as well as technical assistance and evaluation
activities for such grants. In addition, the agreement includes
$10,000,000 for a new competition, and directs ACF to
prioritize awards to applicants with established partnerships
with diaper distributing entities. The agreement further
directs ACF to ensure that the grant application period is open
for no less than 60 days.
The agreement includes $2,000,000 for a Medical-Legal
Partnership grant program as directed in House Report 117-403.
The agreement includes $2,500,000 for a demonstration
program to provide funding to owners of affordable housing
properties to offer supportive services for their residents as
directed in House Report 117-403.
The agreement includes $3,000,000 to fund demonstrations of
whole-family approaches to service delivery across benefit
programs as described in the fiscal year 2023 budget request.
ACF is encouraged to prioritize demonstration projects in
States with large rural populations and with high rates of
poverty.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $107,848,000 for the
projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included in this explanatory statement accompanying this
division.
Native American Programs.--The agreement includes
$15,000,000 for Native American language preservation
activities, and not less than $6,000,000 for language immersion
programs authorized by section 803C(b)(7)(A)-(C) of the Native
American Programs Act, as amended by the Esther Martinez Native
American Language Preservation Act of 2006.
National Domestic Violence Hotline.--The agreement
encourages the Hotline to explore evidence-based best practices
for anti-violence intervention and prevention programs.
Family Violence Prevention and Services.--The agreement
recognizes that women and girls of color are often
disproportionally impacted by domestic violence and includes up
to $7,500,000 for development or enhancement of culturally
specific services for survivors of domestic violence and sexual
assault.
The agreement includes $2,000,000 for the Native Hawaiian
Resource Center on Domestic Violence.
The agreement includes up to $5,000,000 for ACF to partner
with technical assistance providers for a sexual assault
technical assistance initiative as directed in House Report
117-403.
PROMOTING SAFE AND STABLE FAMILIES
Family First Clearinghouse.--The agreement provides an
increase of $4,000,000 to support evaluation and technical
assistance for the evaluation of child and family services
programs and encourages ACF, through the Office of Planning,
Research, and Evaluation (OPRE), to improve transparency and
establish technical assistance procedures to advise programs on
effective application metrics and best practices, informed by
research standards and accepted programs for the clearinghouse.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Protection of Vulnerable Older Americans.--Within the
total, the agreement includes an increase of $2,000,000 for the
long-term care ombudsman program.
National Family Caregiver Strategy.--The agreement
continues to provide $400,000 for the Family Caregiving
Advisory Council.
Aging Network Support Activities.--Within the total, the
agreement provides $8,500,000 to the Holocaust Survivor's
Assistance program.
The agreement includes $5,500,000 for the Care Corps grant
program, with an increase of $1,500,000 for subgrants to
programs that are capable of building a network of screened and
trained volunteer chaperones to accompany older adults and
adults with disabilities in need to and from non-emergency
medical appointments and outpatient procedures.
The agreement includes $2,000,000 for a direct care
workforce demonstration project to identify and reduce barriers
to entry for a diverse and high-quality direct care workforce,
and to explore new strategies for the recruitment, retention,
and advancement opportunities needed to attract or retain
direct care workers.
The agreement includes $1,000,000 for an Interagency
Coordinating Committee on Healthy Aging and Age-Friendly
Communities as directed in House Report 117-403.
The agreement includes $5,000,000 for a Research,
Demonstration, and Evaluation Center for the Aging Network as
directed in House Report 117-403.
Alzheimer's Disease Program.--Within the total, the
agreement includes no less than $2,000,000 for the National
Alzheimer's Call Center.
Elder Rights Support.--The agreement includes $15,000,000
for the nationwide Adult Protective Services formula grant
program.
Paralysis Resource Center (PRC).--Within the total, the
agreement directs not less than $10,000,000 to the National
PRC.
Developmental Disabilities Programs.--Within the total, the
agreement includes not less than $800,000 for technical
assistance and training for the State Councils on Developmental
Disabilities.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $41,644,000 for the projects,
and in the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included in
this explanatory statement accompanying this division.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Alzheimer's Disease National Plan.--The agreement notes the
update of the National Plan to include promotion of healthy
aging and directs the Secretary to include specific strategies
to achieve this goal and to align specific, measurable, time-
bound milestones with budget requests. Milestones should be
developed in collaboration with a broad group of non-
governmental stakeholders focused on each of the risk factors
for Alzheimer's disease and related dementias.
Antimicrobial Resistance (AMR).--The agreement supports the
Administration's proposal to combat antibiotic-resistant
infections by encouraging the development of innovative
antimicrobial drugs. The success of similar creative funding
initiatives, such as Project BioShield, show the need for
pursuing unique approaches to preparing for and countering
serious threats to human health. The agreement directs the
Department to brief the Committees within 60 days of enactment
of this Act on the requirements for implementation of the
proposal. The agreement also directs OASH, NIH, ASPR/BARDA,
CDC, and AHRQ to jointly brief the Committees no later than 30
days after the enactment of this Act and each annual
Appropriations Act thereafter detailing how HHS and its
agencies are coordinating their AMR-related efforts, as well as
domestic and international AMR trends. The briefing should
include a comparison of actual performance for the most recent
years available against the National targets established in the
current National Action Plan for Combatting Antibiotic-
Resistant Bacteria and whether those goals were achieved in the
last fiscal year. Building on these results, agencies are
directed to outline in briefings the focus of their plans for
the next two fiscal years and how these are connected to
longer-term objectives included in the current National Action
Plan.
Bereavement and Grief Services.--The agreement directs the
Office of the Assistant Secretary for Planning and Evaluation
(ASPE), in collaboration with the Director of the CDC, the
Director of the NIH, and the Assistant Secretary for Mental
Health and Substance Use, to develop a report on the scope of
need for high quality bereavement and grief services no later
than 180 days after the date of enactment of this Act. The dual
crises of COVID-19 and addiction have increased the need for
bereavement care, and the agreement urges ASPE to evaluate the
growing need for these services. The report shall provide a
holistic evaluation of populations impacted and the scope of
necessary interventions, including: (1) the prevalence of
certain disorders (e.g. post-traumatic stress disorder,
complicated grief) that are resulting from both emergencies;
(2) the need for support for health care workers and other
highly impacted populations; and (3) the prevalence and
outcomes of bereavement and grief services. Part of this work
should focus on the role of hospice programs in supporting
community bereavement and grief services.
Brain Aneurysm.--The agreement directs the Secretary to
develop best practices on brain aneurysm detection and rupture
for first responders, emergency room physicians, primary care
physicians, nurses, and advanced practice providers.
Broadband Deployment Locations Map.--The agreement directs
the Department to submit a report to the Committees not less
than 120 days after the date of enactment of this Act 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 (P.L. 117-
58).
Children's Interagency Coordinating Council.--The agreement
includes $3,000,000 for the Children's Interagency Coordinating
Council to foster greater coordination and transparency on
child policy across agencies. The Council shall enter into
agreement with NASEM to prepare a report to Congress analyzing
federal policies that have affected child poverty. The study
should rely on the U.S. Census Bureau Supplemental Poverty
Measure, among other sources of information. The Council will
also examine and periodically report on a broad array of cross-
cutting issues affecting child well-being.
Ending the HIV Epidemic.--The agreement continues support
for this initiative but is concerned by a lack of quantifiable
data showing outcomes of a program started in 2019. Therefore,
the agreement directs HHS to: (1) provide aspend plan to the
Committees no later than 60 days after enactment of this Act, to
include resource allocation by State; (2) brief the Committees on the
fiscal year 2023 plans no later than 90 days after enactment of this
Act; (3) provide the Committees an update on the program's performance
data since the beginning of the Initiative through the latest available
data, making sure to address each of the Initiative's goals and
performance metrics, no later than 180 days after enactment of this Act
and updated annually throughout the life of the Initiative.
Herpes Simplex Virus (HSV).--The agreement expects OASH to
develop a national strategic plan for the treatment and
prevention of HSV types 1 and 2 as directed by P.L. 117-103.
The agreement directs the department to update the Committees
on this work within 30 days of enactment of this Act.
Federal Funds.--The agreement includes an increase of
$8,000,000 for administrative resources necessary for the
operation of the Department.
Food as Medicine.--The agreement directs the Secretary, in
consultation with other Federal agencies, to develop and
implement a Federal strategy to reduce nutrition-related
chronic diseases and food insecurity and improve health and
racial equity in the U.S., including diet-related research and
programmatic efforts that increase Americans' access to food as
medicine, and healthy, nutritious, organic, and affordable
foods, especially in at-risk communities. The agreement
includes $2,000,000 in the Office of the Secretary to establish
a Food as Medicine pilot program, an integrative model for
healthcare, that addresses food insecurity, social isolation,
and chronic disease to advance health and racial equity. The
model shall include the following as defined by the Secretary:
a prescription of healthy produce; clinical nutrition training
for healthcare providers; and nutritional and behavioral
support for patients to integrate food interventions into daily
habits. The Secretary may enter into competitively awarded
contracts or cooperative agreements with, or provide grants to,
public or private organizations or agencies within varying
States. Additionally, the agreement requests a report within
one year of the date of enactment of this Act on the
implementation of the Federal strategy and an examination of
the status of each pilot project; a chart delineating funding
provided to each pilot and how much of each pilot's funds
remain unobligated; the results of the evaluation completed
during the fiscal year; and to the maximum extent practicable
the impact of the pilot project on appropriate health,
nutrition, and associated behavioral outcomes among patients
participating in the pilot project baseline information
relevant to the stated goals and desired outcomes of the pilot
project; and equivalent information about similar or identical
measures among control or comparison groups that did not
participate in the pilot project. Reports should continue
annually until all funding is expended.
KidneyX.--The agreement includes $5,000,000 to continue
KidneyX.
Newborn Screening.--The agreement includes $1,000,000 for
the Department to commission a study with the National Academy
of Medicine to examine the current status of Newborn Screening
systems, processes, and research and make recommendations for
future improvements, as described under this heading in House
Report 117-403.
Nonrecurring Expenses Fund.--The agreement directs HHS to
prioritize current construction projects for completion,
specifically the CDC NIOSH facility in Cincinnati, Ohio, and
those facilities for the Indian Health Service and FDA. The
agreement further directs HHS to provide quarterly reports for
all ongoing projects. The report shall include the following
for each project: agency project is funded under; a description
for each project; the date the project was notified to the
Committees; total obligations to date; obligations for the
prior fiscal year; anticipated obligations for current fiscal
year; and any expected future obligations.For any project
ongoing more than 3 years, the report should include a
narrative describing the cause for delay and steps being taken
by the agency to ensure prompt completion.
Further, upon CDC's completion of the purchase of property
for the new mine safety research facility, the agreement
directs HHS to fund the design and construction of the facility
from the Nonrecurring Expenses Fund.
Obligation Reports.--The agreement directs the Secretary to
submit electronically to the Committees an excel table
detailing the obligations made in the most recent quarter for
each office and activity funded under this appropriation not
later than 30 days after the end of each quarter.
Office of the Assistant Secretary for Financial Resources
(ASFR).--The agreement includes an additional $300,000 to hire
an appropriations attorney and directs ASFR to work with OGC to
expeditiously fill this position upon enactment of this Act.
Office of the General Counsel (OGC).-- The agreement
repeats strong concerns made in the fiscal year 2022
explanatory statement that OGC must do a better job of
supporting Congressional requests for technical assistance on
matters that affect the Department. The agreement directs the
General Counsel to prioritize the Committees' requests for
legal and administrative information.
Pain Management.--The agreement remains deeply concerned
about the epidemic of acute and chronic pain and its
interrelationship with the opioid crisis. Within 180 days of
the date of enactment of this Act, the Department is directed
to provide the Committees a report on its progress to
disseminate the HHS Pain Management Best Practices Inter-Agency
Task Force report recommendations and an estimate of the
resources required to generate a public awareness campaign on
the differences between acute and chronic pain and the full
range of treatment options.
Preventing Harmful Exposure to Phthalates.--The agreement
directs the Secretary to submit to the Committees within 180
days of the date of enactment of this Act a public report
outlining next steps for protecting the public from exposure to
phthalates in food, including details on how and where these
chemicals are getting into the food supply.
Questions for the Record.--The agreement notes the
inclusion of section 527 of this Act, which requires the
Department to provide answers to questions submitted for the
record within 45 business days after receipt. The agreement
expects the Secretary to notify the Committee at least 7 days
in advance if the Department does not anticipate meeting this
statutory requirement.
Staffing Reports.--The agreement includes a general
provision requiring the Department to submit a biannual
staffing report to the Committees. The Excel table shall
include: the names, titles, grades, agencies, and divisions of
all of the political appointees, special government employees,
and detailees that were employed by or assigned to the
Department during the previous 180 days.
Stillbirth Task Force.--The agreement includes an increase
of $1,000,000 for this activity as described under this heading
in House Report 117-403.
Teen Pregnancy Prevention Program Evidence Review.--The
agreement includes $900,000 for the Assistant Secretary for
Planning and Evaluation to conduct an independent, systematic,
rigorous review of evaluation studies on such programs.
Tribal Set-aside.--The agreement includes an increase of
$2,000,000 for a Tribal set-aside within the Minority HIV/AIDS
Prevention and Treatment program.
U.S.-Mexico Border Health Commission.--The agreement
includes an increase of $500,000.
Office of Minority Health (OMH)
Achieving Equitable Maternal Health Outcomes.--The
agreement includes $7,000,000 for awards to community based and
other eligible organizations located in geographic areas with
high rates of adverse maternal health outcomes, particularly
among racial/ethnic minority families, as proposed in the
fiscal year 2023 Congressional Justification.
Center for Indigenous Innovation and Health Equity.--The
agreement continues to recognize the importance of advancing
Indigenous solutions to achieve health equity and includes an
increase of $1,000,000 to support the work of the Center for
Indigenous Innovation and Health Equity.
Language Access Services.--The agreement includes an
increase of $1,000,000 to research, develop, and test methods
of informing limited English proficient individuals about their
right to and the availability of language access services, in
accordance with directives in House Report 117-403.
Lupus Initiative.--The agreement includes $2,000,000 for
the National Lupus Outreach and Clinical Trial Education
Program and the goal of increasing minority participation in
lupus clinical trials. OMH should continue to develop public-
private partnerships, validate existing action plans, and
engage the lupus community in order to facilitate the use and
development of action plans to increase participation in
clinical trials for all minority populations at highest risk of
lupus including, Native Americans, Asians, Hispanics, and
African Americans.
Minority Leaders Development Program.--The agreement
includes an increase of $1,000,000 for the Minority Leaders
Development Program, as described under this heading in House
Report 117-403.
Office on Women's Health (OWH)
Breastfeeding Analysis.--The agreement includes $1,250,000
for OWH to enter into an agreement with NASEM to provide an
evidence-based, non-partisan analysis of the macroeconomic,
health, and social costs of U.S. breastfeeding rates and
national breastfeeding goals, as described under this heading
in House Report 117-403.
Combatting Violence Against Women.--The agreement includes
$10,100,000 for the State partnership initiative to combat
violence against women.
Interagency Coordinating Committee on the Promotion of
Optimal Birth Outcomes.--The agreement includes an increase of
$1,000,000 for the Interagency Coordinating Committee on the
Promotion of Optimal Birth Outcomes to oversee and coordinate
the HHS Plan to Improve Maternal Health in America, as
described in, and consistent with, Healthy Women, Healthy
Pregnancies, Healthy Futures: Action Plan to Improve Maternal
Health in America and as described under this heading in House
Report 117-403.
Pregnant Women and Lactating Women Advisory Committee.--The
agreement includes $200,000 for the creation of an Advisory
Committee to monitor and report on the implementation of the
recommendations from the Task Force on Research Specific to
Pregnant Women and Lactating Women, as described under this
heading in House Report 117-403.
Women's Health Research Study.--The agreement directs the
Secretary to coordinate with NIH and NASEM in support of
research that explores persistent gaps of knowledge of women's
health.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
(ONC)
The agreement includes not less than $5,000,000 to support
interoperability and information sharing efforts related to the
implementation of Fast Healthcare Interoperability Resources
standards or associated implementation standards.
The agreement notes the general provision limiting funds
for actions related to promulgation or adoption of a standard
providing for the assignment of a unique health identifier does
not prohibit the Department from examining the issues around
patient matching, and urges ONC to work with industry to
develop matching standards that prioritize interoperability,
patient safety, and patient privacy. The agreement directs ONC
to promptly notify the Committees of any limitations with any
directives included in House Report 117-403 or this explanatory
statement.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
Office of the Assistant Secretary for Preparedness and Response (ASPR)
AI-enabled Pandemic Preparedness and Response.--The
agreement recognizes that advancements in artificial
intelligence (AI) show promise for the biosecurity of the U.S.
The agreement directs ASPR to provide a report to the
Committees no later than 120 days after enactment of this Act
on the feasibility of creating an AI-enabled Pandemic
Preparedness and Response Program, to be led by ASPR, supported
by the Departments of Energy and Defense as necessary. The
program would adopt and field AI programs to shield the nation
against current and future bio-threats of any origin. It would
use AI to develop and deliver capabilities of high value in the
areas of accelerated vaccines, rapid therapeutics, global bio-
threat surveillance, and rapid fielding. ASPR is directed to
collaborate with the OCIO Chief AI Office on feasibility plans
to setup this program, to include a professional judgement
budget for the first three years.
CBRN Threats.--The agreement urges ASPR to prioritize the
development and stockpiling of critical CBRN vaccines,
treatments, diagnostics, and personal protective equipment
(PPE) to ensure there is no disruption in the availability of
these life-saving medical countermeasures (MCMs) in the
Strategic National Stockpile. The agreement encourages ASPR to
engage more frequently with private sector partners in the
Broad Agency Announcement process to speed the development of
new MCMs and stockpiling of existing MCMs against CBRN threats.
Commercialization of COVID-19 Vaccines and Therapeutics.--
The agreement directs ASPR to provide a briefing to the
Committees on the Department's plan to transition COVID-19
vaccines and therapeutics with FDA approval to the commercial
market. Such briefing shall include a timeline for each
product, for products that have FDA approval and those that
have emergency useauthorization; possible costs associated with
a transition from Federal purchasing to the private market; and details
about how non-Federal purchasers will compete in the market. Such
briefing shall be provided within 30 days of enactment of this Act and
every 6 months thereafter until transition to the commercial market is
complete.
Ensuring the Availability of Next Generation Masks and
Respirators.--The agreement urges ASPR to assess its stockpile
of reusable respirators and to conduct scenario-based modeling
studies to determine the appropriate amount needed for the
stockpile. ASPR is urged to consider creating Target Product
Profiles (TPP) for respirators and masks and a process of
recurring competitive bids for products meeting the
increasingly stringent TPPs. ASPR is directed to submit a
report to the Committees on these activities within 120 days of
enactment of this Act.
Far-forward Patient Care.--The agreement notes that
advancing and expanding far-forward patient care can
significantly improve the delivery, cost, and outcomes for
patients injured by natural or human-caused disasters.
Conducting traditional medical care closer to the point of
injury can also have positive downstream effects on routine
medical operations. ASPR is encouraged to consider establishing
a Federally Funded Research and Development Center (FFRDC) in
partnership with an academic medical center to improve far-
forward care, transportation and coordination, and advanced
technology that can provide additional solutions to future
patient care. Furthermore, ASPR is also encouraged to consider
leveraging this FFRDC to support the National Disaster Medical
System by utilizing the experience and innovations produced by
the Center.
Insulin Domestic Supply Chain.--The agreement encourages
ASPR to review the potential for establishing an Insulin Center
of Excellence, in recognition of the importance of developing a
domestic supply chain for insulin. Such a Center would promote
lower prices in the U.S. by addressing the entire life cycle of
insulin product and development, including research and
development, clinical trials, production, and post-market
studies.
Medical Distribution Supply Chain Task Force.--The
agreement recognizes the importance of public-private
partnerships in COVID-19 response efforts and recommends
establishing a task force where government agencies and
distribution experts can proactively prepare for the next
public health emergency. The task force would allow
pharmaceutical and medical distributors to participate in
ongoing emergency preparedness planning and maintain
relationships with government agencies, conduct tabletop
exercises and emergency response planning, and report their
work and findings to Congress.
Reporting.--In addition to the directives included in House
Report 117-403, the agreement directs ASPR to include a summary
of the details of its monthly obligations to the Committees in
its monthly obligation report.
Operations
The agreement includes $34,376,000 for activities within
the Assistant Secretary's Immediate Office; the Office of the
Chief Operating Officer; the Office of Acquisitions Management,
Contracts, and Grants; and the Office of the Financial Planning
and Analysis.
HHS Coordination Operations and Response Element (H-CORE)
The agreement includes $75,000,000 to establish annual
funding for operational coordination of readiness and response
efforts. Within 30 days of enactment of this Act, the agreement
directs the Secretary to provide the Committees with a detailed
spend plan for fiscal year 2023 activities and to brief the
Committees at least quarterly thereafter.
Preparedness and Emergency Operations
The agreement includes $31,154,000 for Preparedness and
Emergency Operations.
National Emergency Tele-critical Care Network (NETCCN).--
The agreement includes $6,500,000 to continue clinical
deployments for the NETCCN, which has helped health systems
respond to the COVID-19 public health emergency by accessing
skilled telehealth providers, and directs ASPR to make NETCCN
partners available to respond to other public health
emergencies and disaster response efforts on an as-needed
basis. The agreement directs ASPR to submit a spend plan and
report to the Committees within 60 days of enactment of this
Act on its plans for fully assuming and maintaining operations
of the NETCCN from the U.S. Medical Research and Development
Command Telemedicine and Advance Technology Research Center.
National Disaster Medical System
Mission Zero.--The agreement includes $4,000,000 for
civilian trauma centers to train and incorporate military
trauma care providers and teams into care centers.
Pediatric Disaster Care.--The agreement includes $7,000,000
for the Pediatric Disaster Care Centers of Excellence.
Public Health Preparedness Equipment.--The agreement
includes $20,000,000 for ASPR to invest in next generation air
mobility solutions that will ensure more cost-effective health
delivery systems.
Hospital Preparedness Program
The agreement includes $305,055,000 for the Hospital
Preparedness Program (HPP).
EMS Preparedness and Response Workforce Shortage.--The
agreement urges ASPR to address the crippling EMS workforce
shortage, including in underserved, rural, and tribal areas
and/or address health disparities related to accessing
prehospital ground ambulance healthcare services, including
critical care transport.
Hospital Preparedness Program Cooperative Agreements.--The
agreement includes $240,000,000 for critical support to State,
local, and regional partners to advance health care system
preparedness and response.
National Special Pathogen System (NSPS).--The agreement
includes $7,500,000 for the National Emerging Special Pathogens
Training and Education Center (NETEC) and $21,000,000 to
increase support for the Regional Emerging Special Pathogen
Treatment Centers (RESPTCs) Program and Special Pathogen
Treatment Centers (SPTCs) to prepare for future pandemic
threats. The agreement requests both a written report and a
briefing, within 90 days of enactment of this Act, and annual
reports and briefings thereafter, on progress in establishing a
robust NSPS and integrating NSPS with other health care
delivery systems of care for emergencies, such as the trauma
system.
Real-time Hospital Capacity Data.--The agreement continues
to support ASPR's preparedness efforts and encourages increased
support of real-time data tracking to improve overarching
capacity issues experienced by hospitals and providers in all
50 States and the territories during community, State,
regional, and national emergencies. The agreement urges ASPR to
identify lessons learned and tools that have been developed for
hospital data collection during the COVID-19 response for all-
hazards hospital data collection and public health situational
awareness.
Regional Disaster Health Response System.--The agreement
includes $7,000,000 for these cooperative agreements.
Biomedical Advanced Research and Development Authority (BARDA)
Antimicrobial and Antifungal Resistance.--The agreement
continues to support advanced research and development of
broad-spectrum antimicrobials and novel antifungal therapies,
particularly for multi-drug resistant pathogens, and next-
generation therapeutics that address the increasing incidence
of antimicrobial resistance. The agreement requests the
Department provide a briefing to the Committees within 60 days
of enactment of this Act that details the budgetary
requirements for implementation of the Administration's
proposal to combat antibiotic-resistant infections. The
agreement directs ASPR to work with other HHS agencies to
provide the annual briefing described under the section of the
explanatory statement dealing with the Office of the Secretary
within 30 days of enactment of this Act.
Blood Supply.--The agreement encourages further development
of freeze-dried hemostatic products, especially platelet-
derived products, suitable for treatment of hemorrhagic
disease, and use in general surgery, obstetrics, and trauma.
The agreement further urges that, as a stopgap measure and
pilot project, the Assistant Secretary, as soon as feasibly
possible, support a pilot project to expand the manufacturing
base for these products to develop adequate infrastructure to
support a national inventory to accommodate predicted needs so
that in the event of an overwhelming number of casualties,
these research products could be used to fill the capability
gap under the auspices of the Emergency Use Authorization Act.
Infectious Disease Outbreaks with Pandemic Potential.--The
agreement encourages BARDA to engage in public-private
partnerships to support advanced research and development of
innovative platform technologies and MCM programs focused on,
but not limited to, vaccines, therapeutics, and other MCMs for
emerging infectious diseases, including novel pathogens and
viral families with pandemic potential. The agreement
encourages ASPR to collaborate with other appropriate Federal
departments, agencies, and offices, the private sector, and
other stakeholders to identify promising MCMs and platform
technologies that can be leveraged to address a range of
potential pathogens, including virus families with significant
pandemic potential. The agreement directs BARDA to prioritize
expeditious development of such MCMs, innovative platform
technologies, and novel multi-modal methods, and requests a
briefing within 90 days of enactment of this Act to provide an
update on the status of MCMs and platforms to address these
threats.
Infectious Diseases.--The agreement supports robust funding
for increased work to prepare for emerging infectious disease
outbreaks and other naturally occurring threats to global
health security. The agreement encourages BARDA to account for
the constraints of different settings in its funding decisions
to foster first-line tools that have wide applicability for
many geographies, including low-resource settings in the U.S.
and globally which may lack advanced health infrastructure.
ASPR is encouraged to continue reporting and delineating its
spending on emerging infectious diseases, pandemic influenza,
and AR in its annual 5-year budget plan for MCM development.
The agreement urges BARDA to publicly and regularly provide
updated pathogen, product, and project-level data for all its
funding, which it has done on its website for COVID-19 MCM
investments, and to provide underlying data in tabular form.
Such reporting helps clarify how ASPR is considering naturally
occurring threats, including AR, in relation to other priority
areas of MCM development, particularly given the inclusion of
naturally occurring threats in the Strategic Initiatives
section of the Pandemic and All-Hazards Preparedness and
Advancing Innovation Act (P.L. 116-22).
Nasal COVID-19 Vaccines.--The agreement notes with concern
that the nation is falling behind other countries in the
development and approval of COVID-19 nasal vaccines. The
agreement urges BARDA to accelerate clinical trial
opportunities to achieve FDA approval for a nasal COVID-19
vaccine for which there is already existing clinical efficacy
and safety data.
Trusted Domestic Vaccine Supplier Capability.--The
agreement continues to recognize the need for domestic
manufacturing of key biological starting materials (KSM),
including plasmid DNA and mRNA, antibodies, and other medical
countermeasures, to ensure timely response to unanticipated
health emergencies. Therefore, the agreement encourages the
Department to expand domestic manufacturing of KSMs and
collaborate with U.S. companies that have pharmaceutical
capabilities to ensure the development and stockpiling of
synthesized medicines for future pandemics and biothreats.
Policy and Planning
The agreement includes $14,877,000 for Policy and Planning.
Project BioShield Special Reserve Fund
The agreement includes $820,000,000 for Project BioShield.
Strategic National Stockpile (SNS)
The agreement includes $965,000,000 for the SNS.
Acute Radiation Syndrome (ARS).--The agreement notes with
concern that the SNS has not prioritized fully achieving the
stockpiling requirement for FDA-approved MCMs for ARS. The
agreement requests a report be provided to the Committees
within 30 days of enactment of this Act that includes an update
on: (i) existing procurements and stockpiled MCMs for ARS; (ii)
ASPR's plans to ensure existing ARS products are maintained;
and (iii) how ASPR intends to meet the Administration's goal of
investing in U.S. jobs and infrastructure to ensure the
continued availability of a diverse set of ARS countermeasures.
Distributor Interoperability for the SNS.--The agreement
urges the SNS to work with all U.S.-based medical and
pharmaceutical distributors on developing and maintaining IT
connectivity. The agreement recognizes that distributors need
to have and implement technology for IT interoperability so
that their systems can connect with the SNS/HHS systems to
participate in distribution efforts with the government.
Made in America Strategic National Stockpile.--The
agreement notes concern about the nation's limited
infrastructure to produce essential products such as medical
devices, medical equipment, pharmaceuticals, and PPE, such as
syringes. The agreement strongly urges the Secretary to develop
a long-term sustainable procurement plan that gives preference
to and results in purchases directly from domestic
manufacturers of PPE or PPE raw materials to the maximum extent
practicable.
Replenishing Influenza Antivirals.--The agreement strongly
supports the Department's multi-year strategic initiative to
supplement shelf-life extended flu antivirals in the stockpile
with therapeutics that have not undergone extensions, in order
to meet full stockpiling requirements. ASPR is urged to
prioritize acquiring influenza antivirals to the full
stockpiling requirements that can be safely used in children
under 12 and people that are pregnant.
Shelf-life Extension Program (SLEP) for Antivirals.--The
agreement notes with concern that efforts to achieve cost
savings through SLEP could negatively impact distribution of,
patient adherence to, and ultimately consumer confidence in
certain products in the SNS, particularly aged antivirals. Not
later than 180 days after enactment of this Act, the Assistant
Secretary is directed to conduct an audit of the SLEP for
antivirals in the SNS and provide recommendations to safeguard
SNS's ability to effectively respond to future severe influenza
outbreaks in the U.S.
Supply Chain Risk Assessment.--The agreement urges ASPR to
prioritize the identification of upstream pharmaceutical supply
chain risks to reduce medicine supply disruptions while also
providing evidence to inform public investment and policy
reforms that build more resilience in the medical supply chain.
This includes the ability to leverage integrated data analytics
from a range of data sources to identify key risk indicators
and improve both demand forecasting and capacity management.
The agreement directs ASPR to identify opportunities to support
the development of capabilities to continually assess the
global supply chain for essential medicines that covers source
location, volume, and the number of facilities involved in the
product of APIs, finished dosage forms, and other required
components.
Medical Reserve Corps (MRCs)
The agreement provides $6,240,000 for the Medical Reserve
Corps Program. Funding for MRCs has historically been provided
to local units quickly and effectively, thereby allowing for
grants to help build and sustain local communities' ability to
prepare for and respond to emergencies. The agreement
encourages ASPR to continue this locally driven approach and to
allocate funding via established mechanisms that provide funds
directly to local MRC unit, which are made up of
representatives from their communities.
Preparedness and Response Innovation
The agreement provides $3,080,000 for a bilateral
cooperative program with the Government of Israel for the
development of health technologies.
Cybersecurity
The agreement provides $100,000,000 for information
technology cybersecurity in the Office of the Chief Information
Officer and HHS-wide to strengthen the Department's
cybersecurity posture. These funds provide for continuous
monitoring and security incident response coordination for the
Department's computer systems and networks. The increase is
expected to support the advancement of existing, and adoption
of new, security technologies to protect the Department's
information from the evolving number and complexity of cyber
threats. The agreement directs the Department to identify ways
to mitigate increasing cybersecurity threats that pose risks to
HHS critical functions, services, and data, and provide a
report with these recommendations to the Committees no later
than 120 days after enactment of this Act.
In addition, the agreement provides $21,900,000 for HHS
Protect for the activities directed in House Report 117-403.
Office of National Security
The agreement provides $8,983,000 for the Office of
National Security.
Pandemic Influenza Preparedness
The agreement provides $335,000,000 for the pandemic
influenza preparedness program.
ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH
The agreement includes $1,500,000,000 for ARPA-H. The
agreement strongly encourages HHS to collaborate with the
Defense Advanced Research Projects Agency (DARPA) to develop
the foundational policies, procedures, and staff training for
ARPA-H employees. The agreement believes ARPA-H will require a
very different culture and mission than NIH's other 27
Institutes and Centers. To foster the development of an
entrepreneurial culture, the agreement expects ARPA-H to be
physically located away from the main NIH campus. The agreement
directs NIH to brief the Committees no later than 30 days prior
to conducting the location search on its criteria and the
Committees should be notified of the decision no less than 5
days prior to a location being announced publicly. While the
NIH workforce is composed of dedicated, talented, and
frequently brilliant scientists, recruitment from the existing
NIH workforce should be avoided. Instead, the agreement
recommends that ARPA-H consider recruiting from industry,
academia, and think tanks, as well as from proven advanced
research project organizations. The agreement directs ARPA-H to
provide quarterly briefings to the Committees on its
establishment process, hiring, and scientific priorities and
progress. These briefings should specifically address howits
activities may advance biomedical research and development and the
mission to create breakthrough health technologies, as well as how to
balance long-term scientific challenges with short-term research goals.
General Provisions
Prevention and Public Health Fund.--The agreement includes
the following allocation of amounts from the Prevention and
Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2023
Agency Budget Activity Agreement
------------------------------------------------------------------------
ACL............................... Alzheimer's Disease $14,700,000
Program.
ACL............................... Chronic Disease Self- 8,000,000
Management.
ACL............................... Falls Prevention.... 5,000,000
CDC............................... Hospitals Promoting 9,750,000
Breastfeeding.
CDC............................... Diabetes............ 52,275,000
CDC............................... Epidemiology and 40,000,000
Laboratory Capacity
Grants.
CDC............................... Healthcare 12,000,000
Associated
Infections.
CDC............................... Heart Disease & 57,075,000
Stroke Prevention
Program.
CDC............................... Million Hearts 5,000,000
Program.
CDC............................... Office of Smoking 125,850,000
and Health.
CDC............................... Preventative Health 160,000,000
and Health Services
Block Grants.
CDC............................... Section 317 419,350,000
Immunization Grants.
CDC............................... Lead Poisoning 17,000,000
Prevention.
CDC............................... Early Care 5,000,000
Collaboratives.
SAMHSA............................ Garrett Lee Smith- 12,000,000
Youth Suicide
Prevention.
------------------------------------------------------------------------
The agreement modifies a provision to rescind unobligated
balances.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
School Improvement.--The Department shall brief the
Committees not later than 60 days after enactment of this Act
on the Department's actions and plans for addressing the
challenges identified in GAO's report on school improvement
(GAO-21-199) and assisting state educational agencies (SEAs)
and local educational agencies (LEAs) with implementing all of
the school improvement requirements of the Elementary and
Secondary Education Act (ESEA), including meaningful resource
allocation reviews. The Department shall also increase
transparency on the amount reserved by each State for the
school improvement set-aside, method of distribution to
eligible LEAs, uses of such funds and the Department's actions
and plans for supporting SEA and LEA implementation of ESEA
school improvement requirements, including resource equity
requirements, in the fiscal year 2024 and future Congressional
Justifications.
Title I-A-Funded Services for Students Experiencing
Homelessness.--The Department shall provide technical
assistance to state and local Title I directors on the
requirements and uses of funds under section 1113(c)(3)(A) to
assist LEAs in effectively using such funds to support students
experiencing homelessness. In addition, the Department shall
describe actions taken and planned to address these issues in
the fiscal year 2024 and future Congressional Justifications
and work with SEAs to increase transparency on amounts reserved
by LEAs under section 1113(c)(3)(A).
School Improvement Programs
Alaska Native Education Equity.--The Department is directed
to make every effort to ensure that grants are awarded well in
advance of the school year, to maximize grantees' ability to
hire the necessary staff and have their programs in place by
the start of Alaska's school year in mid-August. The Department
is directed to ensure that Alaska Native Tribes, Alaska Native
regional non-profits, and Alaska Native corporations have the
maximum opportunity to compete successfully for grants under
this program by providing these entities multiple opportunities
for technical assistance in developing successful applications
for these funds, both in Alaska and through various forms of
telecommunications. Finally, the Department is encouraged to
include as many peer reviewers as possible who have experience
with Alaska Native education and Alaska generally on each peer
review panel.
Student Support and Academic Enrichment Grants Technical
Assistance and Capacity Building.--The reservation for
technical assistance (TA) and capacity building should be used
to support SEAs and LEAs in carrying out authorized activities
under this program identified by SEAs and LEAs, which may
include support for fostering school diversity efforts across
and within school districts. The agreement continues to direct
the Department to prioritize its TA and capacity building
support for SEAs and LEAs seeking to address such school
diversity needs. In future Congressional Justifications, the
Department shall continue to provide current and planned
expenditures for this reservation and include a plan for how
resources will be spent to provide TA and to build the capacity
of SEAs and LEAs.
Education for Native Hawaiians.--The Department shall award
not less than $10,000,000 of the funds made available for the
Education for Native Hawaiians program under authority
continued from last year's bill for construction, renovation,
and modernization of any public elementary school, secondary
school, or structure related to a public elementary school or
secondary school, that serves a predominantly Native Hawaiian
student body. The Department shall make thisfunding
competitively available to organizations in need of assistance with
infrastructure improvement for increased capacity to serve a
predominantly Native Hawaiian student body. The agreement also includes
sufficient funding for the Native Hawaiian Education Council.
Indian Education
National Activities.--The increase for National Activities
shall support new awards under the Native American Language
Immersion competition and the State-Tribal Education
Partnership program for up to five years.
Funds for the Native American Language Immersion program
should continue to be allocated to all types of eligible
entities, including both new and existing language immersion
programs and schools, to support the most extensive possible
geographical distribution and language diversity. In addition,
the Department should continue to give the same consideration
to applicants that propose to provide partial immersion schools
and programs as to full immersion, as the local Tribes,
schools, and other applicants know best what type of program
will most effectively assist their youth to succeed. Further,
the Department is directed to provide adequate notice,
consultation, and technical assistance to support applications
from and grants to a diverse range of language immersion
schools and programs, including those serving Native Hawaiian
and Alaska Native students.
Native American Language Resource Centers.--Within National
Activities, the agreement includes $1,500,000 for this activity
described under this heading in House Report 117-403. Further,
the Office of Indian Education is directed to consult with the
Office of English Language Acquisition on the development,
implementation and support for this program.
Special Programs for Indian Students.--The Department is
directed to use no less than $2,750,000 of funds available for
the Demonstration Grants for Indian Children and Youth program
for a teacher retention-initiative to help address the shortage
of Native American educators and expand their impact on Native
American students' education. The initiative should support
teacher leadership models to increase the retention of
effective, experienced Native American teachers.
Innovation and Improvement
Education Innovation and Research (EIR).-- Within the total
for EIR, and including continuation awards, the agreement
includes $87,000,000 to provide grants for social and emotional
learning (SEL) and $87,000,000 for Science, Technology,
Education, and Math (STEM) and computer science education
activities. Within the STEM and computer science set-aside,
awards should expand opportunities for underrepresented
students such as minorities, girls, and youth from families
living at or below the poverty line to help reduce the
enrollment and achievement gap. To fulfill both set-asides, the
agreement supports the prioritization of high-quality SEL and
STEM proposals for both the early- and mid-phase evidence
tiers. The agreement encourages the Department to take steps
necessary to ensure the statutory set-aside for rural areas is
met and that EIR funds are awarded to diverse geographic areas.
The agreement expects the remainder of EIR funds to continue to
support diverse and field-initiated interventions, rather than
a single nationwide program or award focused solely on one area
of educational innovation.
No later than 30 days after enactment of this Act, the
Department is directed to have an initial consultation briefing
with the Committees on the fiscal year 2023 competitions for
EIR. Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out an EIR competition. In addition, the Department
shall provide a briefing and notice of grant awards to the
Committees at least seven days before grantees are announced.
Supporting Effective Educator Development (SEED).--Within
SEED, the Department is directed to support professional
development that helps educators incorporate SEL practices into
teaching, and to support pathways into teaching that provide a
strong foundation in child development and learning, including
skills for implementing SEL strategies in the classroom through
a competitive preference priority as included in the fiscal
year 2020 and 2022 competitions.
In addition, the SEED program is an ideal vehicle for
helping ensure that more highly trained school leaders are
available to serve in traditionally underserved LEAs.
Therefore, the Secretary shall continue to support an absolute
priority to support the preparation of principals and other
school leaders and disseminate best practices from such grants.
American History and Civics National Activities.--After
providing continuation awards, the agreement directs the
Department to allocate all remaining resources in this program
to run a new grant competition supporting evidence-based
practices as described under this heading in House Report 117-
403; however, eligible entities shall be those defined in
section 2233(e) of ESEA. The Department also is directed to
include a priority for applicants that propose evidence-based
approaches to improving teaching and learning about the history
and principles of the Constitution of the United States in any
new competition.
Charter School Program.--Not later than 90 days after
enactment, the Department is directed to brief the Committees
on its actions and plans to provide adequate staff for and
oversight of the Charter School Program (CSP); offer
flexibility by allowing State entities to reserve a greater
share of anticipated funds available over the life of the grant
for technical assistance (TA) in the early years of the grant
when such assistance is particularly needed, and improve the
use of and prepare additional reports on the use of such
reserved funds, including disaggregated data as it relates to
students with disabilities and English learners, that includes:
a description of the State's objectives in providing TA to
grantees and the activities identified to provide the required
TA; and a description of the impact of State action(s), or if
no known impact, an explanation as to why.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out a CSP competition.
Statewide Family Engagement Centers.--The agreement directs
the Department to use the increase provided to award grants for
high-quality applications that could not be funded during the
prior year's grant competition.
Community Project Funding/Congressionally Directed
Spending.--The agreement includes $200,443,000 for the
projects, and in the amounts, specified in the table
``Community Project Funding/Congressionally Directed Spending''
included in this explanatory statement accompanying this
division.
Safe Schools and Citizenship Education
School Safety National Activities
The agreement includes $216,000,000 for national
activities, an increase of $15,000,000, which shall be used by
the Department for competitive grant competitions, technical
assistance and capacity-building centers, or Project SERV.
Not less than two weeks before the publication of a notice
of proposed priorities or a notice inviting applications, the
Department is directed to brief the Committees on plans for
carrying out any new competition funded within School Safety
National Activities. In addition, the Department shall provide
a briefing and notice of grant awards to the Committees at
least seven days before grantees are announced.
Promise Neighborhoods
The agreement provides a portion of funds for the second
year of two-year extension grants to high quality Promise
Neighborhood programs that have demonstrated positive and
promising results through their initial implementation grant to
strengthen grantee community's abilities to scale city and
regional reinvestment strategies and allow for direct pipeline
services. Further, the Department is directed to brief the
Committees, prior to the publication of proposed priorities or
a notice inviting applications, on potential changes to future
grant competitions that would provide expiring and recently
expired extension grant recipients operating in a particular
neighborhood or community the opportunity to compete for a new
grant to strengthen and further expand services in the same
neighborhood or community, provided they can demonstrate
successful outcomes and justify the need for new funding. Such
briefing shall also cover how to maximize the planning time
grantees have before implementation begins, and other actions
to strengthen the long-term success of communities and
neighborhoods assisted with grant funds. The Department shall
provide a briefing on implementation plans for the Promise
Neighborhoods program not later than 14 days prior to issuing a
notice inviting applications for new awards or extension
grants.
Special Education
Technical Assistance and Dissemination.--The agreement
includes an increase of $1,000,000 for OSEP's State Deaf-Blind
Projects and the National Center on Deaf-Blindness to
strengthen support of the abilities and needs of children with
deaf-blindness, including through intervener services. The
Department is directed to provide an update on actions and
plans to ensure that intervener services are available when
recommended by the Individualized Education Program team and
parents and families are aware of such services as early as
possible in the fiscal year 2024 Congressional Justification.
The Department also is directed to provide technical assistance
and support to any State considering how to remove barriers
like family fees and associated administrative requirements
that deter families from accessing needed Part C services.
Education Materials in Accessible Formats for Students with
Visual Impairments.--The agreement includes additional funding
to make a broader range of educational materials available to
students and to meet the needs of all eligible students,
including pre-K and postsecondary students.
Rehabilitation Services
The agreement directs the Department to provide a briefing
to the Committees no later than 90 days after enactment on the
planned uses of funds that remain available for obligation
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act, and to provide semi-
annual briefings thereafter.
Disability Innovation Fund (DIF).--The agreement directs
the Department to use a portion of DIF funds for competitive
grants, to be awarded in coordination with the Office of
Disability Employment Policy, to non-governmental entities in
partnership with State Vocational Rehabilitation (VR) agencies
for innovative strategies that significantly increase
employment of adults with disabilities. The agreement expects
this will focus on adults with disabilities who are not
currently in the workforce. Grants shall be awarded to
partnerships that support disabled adults in obtaining
competitive integrated employment and advance their career
trajectories. Strategies for improving employment outcomes for
adults with disabilities must have as their goal a significant
effect on disability employment in the State or region. Funds
should be used to develop new and innovative strategies for the
recruitment, hiring, retention, and career advancement of
disabled adults, spurring change in the State VR agency's
strategies and ability to improve State disability employment
outcomes.
Institute of Education Sciences (IES) Evaluation.--The
agreement directs the Department to notify the Committees at
least 15 days prior to transferring any funds to IES under the
authority provided under this heading.
Randolph-Sheppard Program.--The agreement directs the
Department to provide participants in the Randolph-Sheppard
Program with technical assistance and support in applying for
funding opportunities for innovative activities aimed at
increasing competitive integrated employment. In addition, the
agreement encourages the Department to use amounts available
for evaluation and technical assistance to study the Randolph-
Sheppard Program and innovative activities aimed at increasing
competitive integrated employment.
Special Institutions for Persons with Disabilities
American Printing House for the Blind.--The agreement
includes $6,000,000 to continue the Center for Assistive
Technology Training regional partnership established in fiscal
year 2019.
National Technical Institute for the Deaf (NTID).--The
agreement includes $9,500,000 to continue NTID's current
Regional STEM Center.
Gallaudet University.--The agreement includes $8,500,000,
an increase of $2,000,000, to continue and expand the current
regional partnership through the Early Learning Acquisition
Project.
Career, Technical, and Adult Education
Innovation and Modernization Grants.--The agreement
includes $25,000,000 within CTE National Programs for
Innovation and Modernization grants.
Adult Education National Leadership Activities.--The
agreement encourages the Department to support technical
assistance that will help build the evidence-base of adult
education programs, including supporting States in prioritizing
rigorously evaluated programs.
Student Financial Assistance
Pell Grants.--The agreement increases the maximum Pell
grant award by $500, to a total, including discretionary and
mandatory funding, of $7,395 for the 2023-2024 award year.
Federal Work Study.--Within the total for Federal Work
Study, the agreement includes $11,053,000 for the Work Colleges
program authorized under section448 of the Higher Education Act
(HEA).
Pell Grant Restoration and Prison Education Program.--The
agreement expects that the Department will continue the Second
Chance Pell Experiment as the Department implements Pell Grants
for Prison Education Programs (PEP). Expertise and best
practices from Second Chance Pell should be used to develop
guidance and technical assistance for the new PEP. The
agreement further directs the Department to work with Second
Chance Pell sites as they transition to the requirements under
the new PEP to ensure that incarcerated students do not
experience a gap in their educational programming. The
Department should also convey to institutions of higher
education that they should work to ensure that every student
who participates in the new PEP is able to reenter their
communities successfully post-release.
Student Aid Administration
The agreement directs the Department to provide a detailed
spend plan of the planned uses of funds under this heading by
major activity, and quarterly updates on its implementation.
This should include, but not be limited to, detailed breakouts
by baseline operations and development efforts; and servicing,
student aid core systems, IT activities, and other Federal
Student Aid activities. Further, this should include a
crosswalk to activities funded under administrative costs and
servicing activities, and any reallocation of funds between
those two activities should be treated as a reprogramming of
funds, and the Committees should be notified in advance of any
such changes.
The agreement provides authority to extend current student
loan servicing contracts in order to ensure an orderly
transition to the Unified Servicing and Data Solution (USDS).
The Department should notify the Committees at least 15 days
prior to exercising that authority to extend current contracts.
The agreement further directs the Department to provide
quarterly briefings on progress related to implementation of
USDS.
Higher Education
Aid for Institutional Development
Promoting Postbaccalaureate Opportunities for Hispanic
Americans.--The Department is encouraged to prioritize awards
for projects that support consortia of Hispanic-Serving
Institutions that award PhDs to develop and test new models of
cross-institutional intellectual, research, and resource-
sharing communities, create mentorship programs for PhD
students, support graduate research experiences, and other uses
associated with the pursuit of PhDs by Hispanic students.
International Education and Foreign Language Studies
Domestic Programs.--The agreement directs the Department to
allocate the increase of $3,500,000 for Domestic Programs to
the National Resource Centers program.
Minority Science and Engineering Improvement
Workforce Development.--The Department is encouraged to
prioritize awards for projects that assist in workforce
development programs in industrial engineering, emergency
management, and emergency response. Further, programs that
provide support for minority student internships with local
industries, hospitals, and businesses should are encouraged to
be prioritized.
Federal TRIO Programs
The agreement includes an increase of $54,000,000 for TRIO
which shall be used to provide increases to current TRIO
grantees demonstrating substantial progress in meeting
performance objectives and, to the extent practicable, to fund
down the slates of unfunded, high-quality applications from
prior-year competitions.
GEAR UP
The agreement includes an increase of $10,000,000 for GEAR
UP. The Department is directed to use the increase for a new
fiscal year 2023 grant competition.
Child Care Access Means Parents in Schools (CCAMPIS)
The Department is directed to establish a flat maximum
grant award reflective of the costs to provide high-quality
child care to student parents, and to prioritize funding to
IHEs based on the number of Pell grant recipients.
Fund for the Improvement of Postsecondary Education (FIPSE)
The agreement includes $184,000,000 for FIPSE which shall
be used by the Department as described in this statement.
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Basic Needs Grants......................................... 10,000,000
Centers of Excellence for Veterans Student Success Program. 9,000,000
HBCU, TCU, and MSI Research and Development Infrastructure 50,000,000
Grants....................................................
Modeling and Simulation Programs........................... 8,000,000
Open Textbook Pilot........................................ 12,000,000
Postsecondary Student Success Grants....................... 45,000,000
Rural Postsecondary and Economic Development Grant Program. 45,000,000
Transitioning Gang-Involved Youth to Higher Education...... 5,000,000
------------------------------------------------------------------------
Basic Needs Grants.--The agreement includes $10,000,000 for
this activity described under this heading in House Report 117-
403.
Centers of Excellence for Veterans Student Success
Program.--The agreement includes $9,000,000 for this activity
described under this heading in House Report 117-403.
HBCU, TCU, and MSI Research and Development Infrastructure
Grants.--The agreement includes $50,000,000 for planning and
implementation grants designed to promote transformational
investments in research infrastructure at four-year HBCUs,
TCUs, or other MSIs, either alone or as the lead entity in
consortia.
Modeling and Simulation Programs.--The agreement includes
$8,000,000 for this activity described under this heading in
House Report 117-403.
Open Textbook Pilot.--The agreement includes $12,000,000 to
continue the Open Textbook Pilot as described in House Report
117-403.
Postsecondary Student Success Grants.--The agreement
includes $45,000,000 for Postsecondary Student Success Grants
(PSSG) as described in House Report 117-403, including
requirements that the Department executes this program as a
tiered-evidence competition in the same structure as EIR; that
all grantees carry out rigorous independent evaluations of
their projects; that the Office of Postsecondary Education
consult the Office of Elementary and Secondary Education and
the Institute of Education Sciences; and, to the extent
practicable, that at least half ofall fiscal year 2023 PSSG
resources support grants at the mid-phase or expansion levels. The
agreement directs the Department to use all fiscal year 2023 PSSG
resources to run a new competition as described in House Report 117-403
rather than funding additional awards from the fiscal year 2022
competition.
The agreement directs the Department to brief the
Committees no later than 90 days after enactment of this Act on
plans to carry out the PSGG competition, as well as a plan for
evaluation and accountability, and to notify and brief the
Committees at least seven days before grantees are announced.
Rural Postsecondary and Economic Development Grant
Program.--The agreement includes $45,000,000 for the Rural
Postsecondary Economic Development Grant program.
Transitioning Gang-Involved Youth to Higher Education.--The
agreement includes $5,000,000 for this activity described under
this heading in House Report 117-403.
National Center for Artificial Intelligence Learning.--The
agreement is supportive of programs that enhance course
training opportunities in artificial intelligence by supporting
institutions of higher education in developing and providing
21st century degree programs and opportunities that increase
student's employability across all disciplines through
knowledge and skill enhancements of artificial intelligence.
Community Project Funding/Congressionally Directed Spending
The agreement includes $429,587,000 for the projects, and
in the amounts, specified in the table ``Community Project
Funding/Congressionally Directed Spending'' included in this
explanatory statement accompanying this division.
Howard University
The agreement includes $354,018,000 for Howard University.
Within the total, the agreement includes an additional
$100,000,000 to support construction of a new hospital.
Institute of Education Sciences (IES)
Research, Development, and Dissemination.--To further
support research needed to accelerate learning recovery from
COVID-19 disruptions in instruction and eliminate longstanding
achievement gaps, IES is directed to use a portion of its
fiscal year 2023 appropriation to support a new funding
opportunity for quick-turnaround, high-reward scalable
solutions intended to significantly improve outcomes for
students, which may include suggested research activities
described in House Report 117-403. IES is further directed to
describe actions and plans to support high-reward research on
transformative solutions needed to significantly improve
outcomes for all students in its current Operating Plan and in
future Congressional Justifications, Operating Plans, and
Biennial Reports.
The IES is directed to brief the Committees on plans for
making new high-reward research awards not less than two weeks
before the publication of a funding opportunity notice. In
addition, the IES shall provide a briefing and notice of awards
to the Committees at least seven days before grantees are
announced.
The agreement also recognizes the ongoing collaborative
efforts between the Department of Education and the National
Science Foundation (NSF), including two NSF National Artificial
Intelligence Research Institutes focused on education. The
agreement encourages the Department and IES to pursue
additional collaboration with the NSF, which may include
support for Centers for Transformative Education Research and
Translation.
Statistics.--The agreement includes $121,500,000 in program
funding for the National Center for Education Statistics
(NCES). The agreement directs all planned uses of funds to be
described in the required operating plan. Should NCES decide to
use resources for the School Pulse Panel, the agreement directs
NCES to describe in such plan the policies and procedures in
place for the School Pulse Panel to ensure that such
information is collected and reported in a manner that is
objective, secular, neutral, and nonideological; free of
partisan political influence and racial, cultural, gender, or
regional bias; and relevant and useful to practitioners,
researchers, policymakers, and the public. Further, such
operating plan should describe all topics planned for monthly
collections in 2023.
Assessment.--The agreement includes $185,000,000, including
$10,000,000 for research and development, for the Assessment
program. Amounts and activities related to research and
development investments are directed to be described separately
in the required operating plan and future Congressional
Justifications.
The operating plan required by House Report 117-403 shall
include a description of actions implemented and planned to
address each of the recommendations of the September 2022
National Assessment of Educational Progress (NAEP) Internal
Controls Assessment Report and National Academies of Sciences,
Engineering, and Medicine consensus study report entitled ``A
Pragmatic Future for NAEP: Containing Costs and Updating
Technologies.''
Program Administration.--IES and NCES are directed to also
describe in the operating plan directed in House Report 117-403
implementation plans and associated timelines for
recommendations of the National Academies of Sciences,
Engineering, and Medicine in the ``Future of Education Research
at IES'' and ``A Vision and Roadmap for Education Statistics.''
Departmental Management
Game-based Learning (GBL).--The agreement recognizes GBL in
augmented reality and virtual reality as an instrument to
foster engaged and immersive learning in elementary education
and encourages the Department to consider incorporating
evidence-based GBL as a priority in planned competitions in
fiscal year 2023, as applicable.
Menstrual Hygiene Products.--The agreement continues to
encourage the Department of Education, in consultation with the
Department of Health and Human Services, to provide technical
assistance and share best practices with institutions of higher
education seeking to expand access to menstrual products for
postsecondary students.
Nonrecurring Expenses Fund.--As part of the annual
Congressional Justification, the Department is directed to
include the anticipated balances available in and uses of the
Nonrecurring Expenses Fund for the current and budget fiscal
years. Additionally, the Department is directed to provide the
Committees quarterly reports for all ongoing projects. The
report shall include the following for each project: a
description and timeline for each project; the date the project
was notified to the Committees; total obligations to date;
obligations for the prior fiscal year; anticipated obligations
for current fiscal year; and any expected future obligations;
and the total unobligated balance in the Fund.
Program Administration.--The agreement notes disappointment
that despite a significant increase in funding in fiscal year
2022 for Program Administration after more than five years of
level-funding, the Department transferred $7,000,000 from the
Pell Grant program for additional administrative expenses
without any consultation with the Committees. Accordingly, for
fiscal year 2023, the agreement expects the Department to meet
the administrative needs of the agency through the Program
Administration appropriation provided in the Act, which
includes an increase of $32,000,000, and not by transferring
funds from another account. Further, the agreement expects
additional resources provided under this account to support
expanded allotments for core agency career staff responsible
for the execution of agency programs, including staffing within
grants offices and within Budget Service. In addition, the
agreement expects the agency to use such resources to
effectively administer Community Project Funding/
Congressionally Directed Spending grants in a timely manner.
In meeting the agreement's expectation that adequate career
staff are allotted to effectively implement core agency
programs, in fiscal year 2023, the Department should begin to
rebalance the agency's ratio of career staff to non-career
staff. The agreement notes that the Department used additional
resources provided in fiscal year 2022 to, among other
investments, increase its non-career staff on-board by 40
percent from September 2021 through December 2022. The
agreement is concerned by the Department's prioritization of
staffing resources in fiscal year 2022; therefore, in fiscal
year 2023, the agreement expects the Department not to expand
non-career staff on-board above December 2022 levels.
Further, the agreement directs the Department to brief the
Committees on how its required staffing report operating plan
will fill critical positions; invest in information technology
necessary for providing effective monitoring and oversight of
grants and programs; invest in information technology security;
and address other challenges identified by the Inspector
General in the 2022 Management Challenges report. Further, the
Department should be prepared to discuss its efforts to begin
rebalancing the agency's ratio of career staff to non-career
staff.
Spending Transparency.--The Department is directed to
strengthen its support for the timely and effective expenditure
of Elementary and Secondary School Emergency Relief (ESSER)
funds, including amounts dedicated to addressing student
learning through the implementation of evidence based
interventions to meet students' academic and mental health
needs. The Department must also enhance transparency on key
categories of actual and planned expenditure of ESSER funds at
the national, state and local levels.
Staffing Report.--Not later than 30 days after enactment,
the Department shall provide the Committees an operating plan
identifying the total FTE and non-personnel allocations
supported by the program administration appropriation in total
for the Department, and FTE and non-personnel allocations for
each program office supported by the program administration
appropriation provided in this Act. In addition, the Department
shall provide on a monthly basis the number of on-board staff,
attrition, approved hires not yet on-boarded and projected
full-year FTE usage, including approved hires, and actual non-
personnel expenses, for each program office supported by, and
in total for, the program administration appropriation provided
in this Act. In addition, the Department shall separately
identify in such plans and reports total FTE allocations
supported by other funding sources.
State and Local Report Cards.--The Department is directed
to, not later than 6 months after enactment of this Act, submit
to the Committees and to the Committees of Health, Education,
Labor, and Pensions of the Senate and of Education and Labor of
the House of Representatives a report outlining actions taken
to bring States into compliance with all ESEA annual reporting
requirements, particularly for those States that have yet to
come into full compliance with such requirements; common
implementation obstacles facing States in complying with such
requirements; and efforts to improve the accessibility,
quality, and utility of this information.
Supporting Principals and School Leaders.--Principals and
school leaders are critical to both student outcomes and
teacher retention. The Department is directed to issue guidance
to SEAs and LEAs on the use of Federal funds across various
programs, including Title I-A and Title II-A of the ESEA, for
implementing evidence based-strategies to recruit, prepare,
support, and retain strong principals and school leaders.
Teacher and School Leader Diversity Guidance.--Increasing
educator diversity is critical to building a strong educator
workforce that supports students and educators from all
backgrounds. The Department is directed to release guidance on
how formula funds across various programs, including Title I-A,
Title II-A, Title III, Title V-B, and Title VI of the ESEA,
Title III of the HEA, and Part B of the IDEA may be used by
SEAs, LEAs and IHEs to increase teacher and school leader
diversity, including through pre-service support, enhancing
preparation, providing on the-job support, and strengthening
retention and promotion policies.
General Provisions
The agreement continues authority for pooled evaluation
authority.
The agreement continues a provision regarding endowment
income.
The agreement continues authority for the National Advisory
Committee on Institutional Quality and Integrity.
The agreement continues authority for account maintenance
fees.
The agreement modifies a provision rescinding fiscal year
2023 mandatory funding to offset the mandatory costs of
increasing the discretionary Pell award.
The agreement continues a provision regarding authority to
evaluate HEA authorized programs.
The agreement continues a provision providing an additional
amount for the projects, and in the amounts, as specified in
the table titled Community Project Funding/Congressionally
Directed Spending in the explanatory statement accompanying
this division.
The agreement includes a new provision regarding
centralized support costs for the Institute of Education
Sciences.
The agreement includes a new provision repealing a
prohibition against the use of federal education funds by SEAs
and LEAs for certain transportation activities.
The agreement modifies a provision rescinding unobligated
discretionary balances previously appropriated for the Pell
grant program.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
Requested Reports.--The agreement continues to request the
reports listed under this heading in the explanatory statement
accompanying Public Law 117-103.
Corporation for National and Community Service (CNCS)
OPERATING EXPENSES
Innovation, Demonstration, and Assistance Activities.--The
agreement includes $14,706,000 for innovation, assistance, and
other activities. The agreement includes $8,558,000 for the
Volunteer Generation Fund and $6,148,000 for National Days of
Service including the September 11th National Day of Service
and Remembrance and the Martin Luther King, Jr. National Day of
Service. CNCS should prioritize making grants, entering into
cooperative agreements, or providing other forms of support to
eligible organizations with expertise in: representing families
of victims of the September 11, 2001, terrorist attacks and
other impacted constituencies; promoting the establishment of
September 11 as an annually recognized National Day of Service
and Remembrance; and organizing volunteers to engage in service
to meet community needs and advance the life and teachings of
Dr. Martin Luther King, Jr.
National and Community Service.--The agreement urges CNCS
to continue to be a convener of the important work surrounding
service learning and to support civic bridgebuilding
activities.
Commission Investment Fund (CIF).--The agreement includes
no less than the fiscal year 2022 level for the CIF.
Evaluation of Effective Interventions.--The agreement
encourages CNCS to continue its use of randomized control
trials to build causal evidence for effective interventions.
SALARIES AND EXPENSES
Financial Management and Accounting.--The agreement is
concerned about deficiencies in audits from fiscal years 2017
to 2022 and includes funding for AmeriCorps to support the
contracting of a dedicated project team, comprised of personnel
with expertise in financial management and accounting. The
agreement directs AmeriCorps to submit a report no later than
90 days after the date of enactment of this Act, and quarterly
thereafter, detailing the agency's progress in addressing audit
findings. The agreement further directs AmeriCorps to provide
quarterly briefings in fiscal year 2023 to the Committees on
Appropriations, the House Committee on Education and Labor, and
the Senate Committee on Health, Education, Labor, and Pensions.
Institute of Museum and Library Services
The agreement includes funds for the following activities:
------------------------------------------------------------------------
FY 2023
Budget Activity Agreement
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States...................................... $180,000,000
Native American Library Services...................... 5,763,000
National Leadership: Libraries........................ 15,287,000
Laura Bush 21st Century Librarian..................... 10,000,000
Museum Services Act:
Museums for America................................... 30,330,000
Native American/Hawaiian Museum Services.............. 3,772,000
National Leadership: Museums 9,348,000
African American History and Culture Act:
Museum Grants for African American History & Culture.. 6,000,000
National Museum of the American Latino Act:
Museum Grants for American Latino History & Culture... 6,000,000
Research, Analysis, and Data Collection................. 5,650,000
Program Administration.................................. 22,650,000
---------------
TOTAL............................................... $294,800,000
------------------------------------------------------------------------
Information Literacy Taskforce.--The agreement includes
$4,000,000 for the continuation and expansion of the
Information Literacy Taskforce (Taskforce) in accordance with
the priorities and guidelines described in the explanatory
statement accompanying Public Law 117-103. Of these funds,
$2,000,000 shall be reserved for the development and
implementation of two pilot grant programs. The first pilot
program will have an associated evaluative component to test
the implementation of the toolkits and community interventions
disseminated by the Taskforce to aid in developing locally
responsive tools and resources to bridge information gaps. The
Taskforce will support research and regularly convene grantees
to identify and apply promising strategies and practices. The
second pilot program will encourage, support, and promote
information literacy, including reliable methods and processes
for informed civic engagement among seniors and other segments
of the population. The agreement directs IMLS to submit a
report or provide a briefing to the Committees on the
Taskforce's findings within one year of the date of enactment
of this Act.
America250.--The agreement recognizes IMLS's commitment to
the 250th Anniversary of the founding of the United States in
coordination with the Semiquincentennial Commission Act of 2016
and includes $1,000,000 in preparation for the 250th
Anniversary.
Railroad Retirement Board
LIMITATION ON ADMINISTRATION
The agreement directs the Railroad Retirement Board (RRB)
to provide annual updates on the project status of RRB's fully
funded information technology modernization system, including
timelines to completion, total anticipated cost of development,
funding obligations, and contracts. Such annual update is
requested no later than 180 days after enactment of this Act
and should provide information for each fiscal quarter. Updates
that include changes to project timelines to completion should
explicitly state the nature of those changes.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement includes an increase of $785,033,000 for
SSA's administrative expenses to support increases in fixed
costs across SSA, including for State Disability Determination
Services (DDSs), and to increase staffing and invest in
targeted IT systems with the goal of improving and enhancing
service delivery to the public.
Disability Backlogs.--The agreement recognizes the pandemic
created significant challenges for SSA, which has contributed
to a significant increase in processing times for initial
disability claims. The agreement includes funding for SSA to
increase staffing, including in State DDSs, to help begin to
address the growing backlog of initial disability claims. In
addition, the agreement directs the Commissioner to continue to
prioritize efforts to reduce wait time disparities across the
country by directing resources and workload assistance, as
necessary, to areas with greatest need. Finally, the agreement
directs SSA to continue to provide monthly reports to the
Committees on key agency performance metrics, including but not
limited to initial disability claims, reconsiderations, and
hearings, and to provide quarterly briefings to the Committees
on its progress towards reducing the initial disability claims
and hearings backlogs, as well as addressing other service
delivery challenges.
Expanding Outreach to People with Disabilities.--The
agreement strongly encourages SSA to expand outreach to
potential beneficiaries, prioritizing underserved communities
and individuals most likely to need support, and directs SSA to
include information in its fiscal year 2024 Congressional
Justification on such efforts.
Continuing Disability Reviews (CDR).--The agreement directs
SSA to include in its annual CDR Report to Congress an
evaluation of its CDR prioritization models.
Field Office and Resident Station Closures.--The agreement
recognizes the essential role that field offices and resident
stations play in the public's ability to access SSA benefits
and services and strongly encourages the Commissioner to take
every action possible to maintain operations at existing field
offices and resident stations. The agreement urges SSA to
ensure its policies and procedures for closing field offices
and resident stations include at least 120 days advance notice
to the public, SSA employees, Congress, and other stakeholders.
Such notice should include a rationale for the proposed closure
and an evaluation of the effects on the public and SSA
operations. In addition, the agreement is concerned that the
recent closure of a resident station due to staffing
difficulties has created an undue burden for those who need
access to in-person social security services. The agreement
directs SSA to continue to engage with community leaders about
how to provide suitable alternatives for in-person services and
to report to the Committees within 90 days of enactment of this
Act on the alternatives established.
Improving Ticket to Work Administration and Reducing
Overpayments.--The agreement supports agency efforts to improve
administrative processes that reduce overpayments, including in
the Ticket to Work program, which can create significant
challenges as beneficiaries attempt to return to work. SSA is
directed to include information in its fiscal year 2024
Congressional Justification on such efforts.
Occupational Information System (OIS) and Medical-
Vocational Guidelines.--The agreement directs SSA to include
information in its fiscal year 2024 Congressional Justification
detailing efforts to fully implement OIS in coming years,
including the status of implementation, the extent to which OIS
is fully-operational, a timeline for moving from the Dictionary
of Occupational Titles entirely to OIS, an action plan to
accomplish said timeline, and other efforts to modernize
medical-vocational guidelines.
Program Integrity.--The agreement includes a new proviso,
which was requested in the fiscal year 2023 President's Budget
proposal, to expressly prohibit funding made available under a
cap adjustment to support program integrity activities from
being reprogrammed or transferred for nonprogram
integrity activities.
The agreement, however, clarifies that such proviso is not
necessary because the Congress need not expressly prohibit
actions that it has not authorized. Under the statutory terms
of the appropriation, amounts provided for program integrity
activities may not be reprogrammed to base activities (or to
any other non-program integrity activity). That is because this
appropriation account statutorily establishes a required
appropriation amount for program integrity activities--in this
bill, at $1,784,000,000--which is provided by the sum of the
amounts specified in the first proviso of the account's second
paragraph.
Finally, the agreement notes the Congress has not been
apprised of any applicable transfer authority available to SSA
that the President's Budget proposal seeks to prevent.
Social Security Statements.--The agreement directs SSA to
submit a report within 120 days of enactment of this Act with
options for increasing the number of individuals receiving
Social Security Statements annually by mail to ensure that
individuals are informed of their Social Security contributions
and benefits, and have an opportunity to review their earnings
records and correct any errors in a timely manner.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The agreement includes $23,000,000 for WIPA grants
and $10,000,000 for PABSS.
Social Security Administration (SSA)
OFFICE OF INSPECTOR GENERAL (OIG)
Combatting Social Security Impersonation Scams.--The
agreement commends SSA OIG efforts to combat Social Security
impersonation scams and urges SSA to continue prioritizing this
effort and pursuing the criminals perpetuating the fraud.
TITLE V
General Provisions
The agreement modifies a provision related to Performance
Partnerships.
The agreement modifies a provision to rescind unobligated
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]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate, $40,000;
Majority Whip of the Senate, $10,000; Minority Whip of the
Senate, $10,000; President Pro Tempore Emeritus, $15,000;
Chairmen of the Majority and Minority Conference Committees,
$5,000 for each Chairman; and Chairmen of the Majority and
Minority Policy Committees, $5,000 for each Chairman; in all,
$195,000.
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$258,677,000, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,907,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $832,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$359,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $6,196,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,876,000.
committee on appropriations
For salaries of the Committee on Appropriations, $17,900,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,891,000 for each such committee; in
all, $3,782,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $940,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,931,000 for each such committee;
in all, $3,862,000.
office of the chaplain
For Office of the Chaplain, $598,000.
office of the secretary
For Office of the Secretary, $29,282,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$108,929,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $2,126,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized
by law, and related expenses, $77,088,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $8,150,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,350,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,500; Sergeant at Arms and Doorkeeper of the Senate, $7,500;
Secretary for the Majority of the Senate, $7,500; Secretary for
the Minority of the Senate, $7,500; in all, $30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $145,615,000, of which $14,561,500 shall remain available
until September 30, 2025.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $552,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,515,000, of which $13,254,193 shall remain available until
September 30, 2027, and of which $4,260,807 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $171,844,000, of which $160,144,000
shall remain available until September 30, 2027: Provided, That
of the amount provided under this heading, $5,000,000 shall be
for Senate hearing room audiovisual equipment, to remain
available until expended: Provided further, That of the amount
provided under this heading, $2,500,000 shall be for a
residential security system program, to remain available until
expended.
sergeant at arms fellowships fund
For expenses authorized by the Sergeant at Arms Fellowships
Fund established in section 102 of this Act, $6,277,000, to
remain available until expended.
miscellaneous items
For miscellaneous items, $27,814,000 which shall remain
available until September 30, 2025.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$512,000,000, of which $20,128,950 shall remain available until
September 30, 2025, and of which $7,000,000 shall be allocated
solely for the purpose of providing financial compensation to
Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation only
during the fiscal year or fiscal years for which such amounts
are made available. Any unexpended balances under such
allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
mccain-mansfield and sfc sean cooley and spc christopher horton
congressional gold star family fellowships programs
Sec. 102. (a) Definitions.--In this section--
(1) the term ``appropriate committees of the Senate''
means the Committee on Appropriations and the Committee
on Rules and Administration of the Senate;
(2) the term ``Fellowships Programs'' means the SFC
Sean Cooley and SPC Christopher Horton Congressional
Gold Star Family Fellowship Program (commonly referred
to as the ``Green and Gold Congressional Aide
Program'') established under Senate Resolution 442
(117th Congress), agreed to November 4, 2021, and the
McCain-Mansfield Fellowship Program established under
Senate Resolution 443 (117th Congress), agreed to
November 4, 2021, or any successor program to such
programs;
(3) the term ``Fund'' means the Sergeant at Arms
Fellowships Fund established under subsection (b); and
(4) the term ``Sergeant at Arms'' means the Sergeant
at Arms and Doorkeeper of the Senate.
(b) Establishment.--There is established under the heading
``Contingent Expenses of the Senate'' an account to be known as
the ``sergeant at arms fellowships fund''.
(c) Use of Amounts.--
(1) In general.--Amounts in the Fund shall be
available to the Sergeant at Arms for the costs of
compensation of fellows under the Fellowships Programs
and the administration of the Fellowships Programs,
except as provided in paragraph (2).
(2) Agency contributions.--Agency contributions for
the Fellowships Programs shall be paid from the
appropriations account for ``Salaries, Officers and
Employees'' of the Senate.
(d) Oversight.--The Sergeant at Arms shall provide to the
appropriate committees of the Senate--
(1) a plan regarding the administration of the Fund
by the Sergeant at Arms prior to obligation of any
funds, to be updated and resubmitted following any
changes to the plan; and
(2) annual reports regarding the costs of the
Fellowships Programs paid from the Fund.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Fund for fiscal year 2023, and each
fiscal year thereafter, such sums as are necessary for the
compensation of fellows under the Fellowships Programs during
the fiscal year and for the administration of the Fellowships
Programs.
(f) Exclusion for Purposes of Staffing Limits on the Office
of the Sergeant at Arms.--The payment of compensation to any
individual serving in a fellowship under the Fellowships
Programs by the Sergeant at Arms shall not be included for
purposes of any limitation on staffing levels of the Office of
the Sergeant at Arms.
senate democratic leadership offices funding authorities
Sec. 103. (a) Section 104 of division I of the Consolidated
Appropriations Act, 2021 (2 U.S.C. 6154 note) is amended--
(1) by striking ``Office of the Assistant Leader''
each place it appears and inserting ``office of the
designated officer'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``means the
117th Congress; and'' and inserting ``means the
118th Congress;'';
(B) in paragraph (3), by striking ``and
ending on January 3, 2023.'' and inserting
``and ending on January 7, 2025; and''; and
(C) by adding at the end the following:
``(4) the term `designated officer of the applicable
conference' means the member of the leadership of the
applicable conference to whom the duties and
authorities of the Secretary of the applicable
conference are assigned under subsection (b).'';
(3) in subsection (b), in the matter preceding
paragraph (1), by striking ``January 3, 2021, assign to
the Assistant Leader of the applicable conference'' and
inserting ``January 3, 2023, at the direction of the
Chair of the applicable conference, assign to a member
of the leadership of the applicable conference''; and
(4) in subsection (c)(3), by striking ``Assistant
Leader'' and inserting ``designated officer''.
(b) The amendments made by subsection (a) shall take effect
on January 3, 2023.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,847,571,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $36,560,000,
including: Office of the Speaker, $10,499,000, including
$35,000 for official expenses of the Speaker; Office of the
Majority Floor Leader, $3,730,000, including $15,000 for
official expenses of the Majority Leader; Office of the
Minority Floor Leader, $10,499,000, including $17,500 for
official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$3,099,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief
Deputy Minority Whip, $2,809,000, including $5,000 for official
expenses of the Minority Whip; Republican Conference,
$2,962,000; Democratic Caucus, $2,962,000: Provided, That such
amount for salaries and expenses shall remain available from
January 3, 2023 until January 2, 2024.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members'
clerk hire, official expenses, and official mail, $810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $20,638,800, to remain
available through January 2, 2024: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$46,800 of the allowance available under this heading during
legislative year 2023.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the
Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) for
the compensation of interns who serve in House leadership
offices, $586,000, to remain available through January 2, 2024:
Provided, That of the amount provided under this heading,
$322,300 shall be available for the compensation of interns who
serve in House leadership offices of the majority, to be
allocated among such offices by the Speaker of the House of
Representatives, and $263,700 shall be available for the
compensation of interns who serve in House leadership offices
of the minority, to be allocated among such offices by the
Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-
103) for the compensation of interns who serve in offices of
standing, special, and select committees (other than the
Committee on Appropriations), $2,600,000, to remain available
through January 2, 2024: Provided, That of the amount provided
under this heading, $1,300,000 shall be available for the
compensation of interns who serve in offices of the majority,
and $1,300,000 shall be available for the compensation of
interns who serve in offices of the minority, to be allocated
among such offices by the Chair, in consultation with the
ranking minority member, of the Committee on House
Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-
103) for the compensation of interns who serve in offices of
the Committee on Appropriations, $463,000: Provided, That of
the amount provided under this heading, $231,500 shall be
available for the compensation of interns who serve in offices
of the majority, and $231,500 shall be available for the
compensation of interns who serve in offices of the minority,
to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee
on Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $180,587,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024, except that
$5,800,000 of such amount shall remain available until expended
for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$31,294,000, including studies and examinations of executive
agencies and temporary personal services for such committee, to
be expended in accordance with section 202(b) of the
Legislative Reorganization Act of 1946 and to be available for
reimbursement to agencies for services performed: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,057,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of
the Chaplain and the Historian, and including not more than
$25,000 for official representation and reception expenses, of
which not more than $20,000 is for the Family Room and not more
than $2,000 is for the Office of the Chaplain, $40,827,000, of
which $9,000,000 shall remain available until expended; for
salaries and expenses of the Office of the Sergeant at Arms,
including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses,
$38,793,000, of which $22,232,000 shall remain available until
expended; for salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $211,572,000,
of which $25,977,000 shall remain available until expended; for
salaries and expenses of the Office of Diversity and Inclusion,
$3,500,000, of which $1,000,000 shall remain available until
expended; for salaries and expenses of the Office of the
Whistleblower Ombuds, $1,250,000; for salaries and expenses of
the Office of the Inspector General, $5,138,000; for salaries
and expenses of the Office of General Counsel, $1,912,000; for
salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the Digest
of Rules, and not more than $1,000 for official representation
and reception expenses, $2,184,000; for salaries and expenses
of the Office of the Law Revision Counsel of the House,
$3,746,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $13,457,000, of which
$2,000,000 shall remain available until expended; for salaries
and expenses of the Office of Interparliamentary Affairs,
$934,000; for other authorized employees, $744,000: Provided,
That of the amount made available until expended under this
heading to the Office of the Sergeant at Arms, $4,700,000 shall
be for activities associated with securing the permanent
residences of Members of the House of Representatives in the
congressional districts the Members represent and securing the
temporary residences of Members in the District of Columbia,
and may not be transferred or merged under sections 101(b) or
101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2
U.S.C. 5507(b) and (c)(2)): Provided further, That as used in
the preceding proviso, the term ``Members of the House of
Representatives'' shall include a Delegate or Resident
Commissioner to the Congress.
Allowances and Expenses
For allowances and expenses as authorized by House resolution
or law, $430,785,200, including: supplies, materials,
administrative costs and Federal tort claims, $1,555,000;
official mail for committees, leadership offices, and
administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other
applicable employee benefits, $387,368,200, to remain available
until March 31, 2024, except that $37,000,000 of such amount
shall remain available until expended; salaries and expenses
for Business Continuity and Disaster Recovery, $22,841,000, of
which $6,776,000 shall remain available until expended;
transition activities for new members and staff, $5,895,000, to
remain available until expended; Green and Gold Congressional
Aide Program, $9,674,000, to remain available until expended;
Office of Congressional Ethics, $1,762,000; and miscellaneous
items including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of
the House, $1,500,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives
Account established under section 115 of the Legislative Branch
Appropriations Act, 2021 (2 U.S.C. 5513), $10,000,000, to
remain available until expended: Provided, That disbursement
from this account is subject to approval of the Committee on
Appropriations of the House of Representatives: Provided
further, That funds provided in this account shall only be used
for initiatives recommended by the Select Committee on
Modernization or approved by the Committee on House
Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--members'
representational allowances'' shall be available only for
fiscal year 2023. Any amount remaining after all payments are
made under such allowances for fiscal year 2023 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount that
exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate cybersecurity
risks to, and incidents involving, the information systems of
the House shall take all necessary steps to ensure the
constitutional integrity of the separate branches of the
government at all stages of providing the assistance, including
applying minimization procedures to limit the spread or sharing
of privileged House and Member information.
house intern resource office
Sec. 113. (a) Establishment; Coordinator.--
(1) Establishment; coordinator.--There is established
in the Office of the Chief Administrative Officer of
the House of Representatives the House Intern Resource
Office (hereinafter referred to as the ``Office'').
(2) Appointment.--The Office shall be headed by the
House Intern Resource Coordinator (hereinafter referred
to as the ``Coordinator''), who shall be employed by
the Chief Administrative Officer in consultation with
the chair and ranking minority member of the Committee
on House Administration.
(b) Duties.--In consultation with the Office of Diversity and
Inclusion and such other offices as the Coordinator considers
appropriate, the Office shall--
(1) provide support services, such as accommodations,
training, and professional development, to interns of
offices of the House of Representatives;
(2) serve as a center for resources and best
practices for the recruitment, hiring, training, and
use of interns by offices of the House of
Representatives; and
(3) gather demographic and other data about interns
of offices of the House of Representatives.
(c) Addressing Inequities in Access to Internships.--In
carrying out its duties, the Office shall consider inequities
in access to internships in offices of the House of
Representatives, and shall consider the viability of
establishing an intern stipend program for interns from
underrepresented backgrounds, including those who attend
Historically Black Colleges and Universities (HBCUs), Tribal
Colleges and Universities, Hispanic-Serving Institutions
(HSIs), and other Minority Serving Institutions described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(d) Authorization of Appropriations.--There are authorized to
be appropriated for fiscal year 2023 and each succeeding fiscal
year such sums as may be necessary to carry out this section.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
educational assistance and professional development for house
employees
Sec. 114. (a) Expansion of Student Loan Repayment Program to
Cover Educational Assistance and Professional Development.--
Section 105(a) of the Legislative Branch Appropriations Act,
2003 (2 U.S.C. 4536(a)) is amended to read as follows:
``(a) Program to Cover Student Loan Repayment, Educational
Assistance, and Professional Development for House Employees.--
``(1) Establishment.--The Chief Administrative
Officer shall establish a program under which an
employing office of the House of Representatives may
agree--
``(A) to repay (by direct payment on behalf
of the employee) any student loan previously
taken out by an employee of the office;
``(B) to make direct payments on behalf of an
employee of the office or to reimburse an
employee of the office for expenses paid by the
employee for the employee's educational and
professional development; and
``(C) to make direct payments on behalf of an
employee of the office or to reimburse an
employee of the office for credentialing,
professional accreditation, professional
licensure, and professional certification
expenses paid by the employee.
``(2) Exclusion of members.--For purposes of this
section, a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress) shall not be considered to be an employee of
the House of Representatives.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to payments made during fiscal year
2023 or any succeeding fiscal year.
house services revolving fund
Sec. 115. (a) Inclusion of Funds Received From Operation of
Dry Cleaning and Laundry Service.--Section 105(a) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5545(a))
is amended by adding at the end the following new paragraphs:
``(8) The operation of the House Dry Cleaning and
Laundry Service.
``(9) Other activities related to the operation of
services offered by the House of Representatives, as
approved by the Committee on Appropriations of the
House of Representatives.''.
(b) Use of Amounts Subject to Notification Provided to
Committee on Appropriations.--Section 105(b) of such Act (2
U.S.C. 5545(b)) is amended by striking ``which is approved by''
and inserting ``upon notification provided by the Chief
Administrative Officer to''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
clarification of use of child care center revolving fund to staff
training classes and conferences
Sec. 116. (a) Use of Fund.--Section 312(d)(3)(B) of the
Legislative Branch Appropriations Act, 1992 (2 U.S.C.
2062(d)(3)(B)) is amended by striking ``The reimbursement of
individuals employed by the center for the cost of training
classes and conferences'' and inserting ``The cost of training
classes and conferences for individuals employed by the
center''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
availability of authority of executive agencies to use appropriated
amounts for child care to house of representatives
Sec. 117. (a) Availability of Authority.--Section 590(g) of
title 40, United States Code, is amended by adding at the end
the following new paragraph:
``(6) Application to house of representatives.--This
subsection shall apply with respect to the House of
Representatives in the same manner as it applies to an
Executive agency, except that--
``(A) the authority granted to the Office of
Personnel Management shall be exercised with
respect to the House of Representatives by the
Speaker of the House of Representatives in
accordance with regulations promulgated by the
Committee on House Administration; and
``(B) amounts may be made available to
implement this subsection with respect to the
House of Representatives without advance notice
to the Committee on Appropriations of the
Senate.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$12,948,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and their
assistants, including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior
Medical Officer;
(3) an allowance of $900 per month each to three
medical officers while on duty in the Office of the
Attending Physician;
(4) an allowance of $900 per month to 2 assistants
and $900 per month each not to exceed 11 assistants on
the basis heretofore provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician,
which shall be advanced and credited to the applicable
appropriation or appropriations from which such
salaries, allowances, and other expenses are payable
and shall be available for all the purposes thereof,
$4,181,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,702,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for
health, retirement, social security, professional liability
insurance, and other applicable employee benefits, $541,730,000
of which overtime shall not exceed $64,912,000 unless the
Committees on Appropriations of the House and Senate are
notified, to be disbursed by the Chief of the Capitol Police or
a duly authorized designee: Provided, That of the total amount
appropriated, $16,000,000 shall be available for retention
bonuses: Provided further, That of the total amount
appropriated, $3,450,000 is for agreed upon protection
activities for Members of Congress and shall be available until
September 30, 2024, with notification to the Committees on
Appropriations prior to the obligation of funds.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services, the
employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Centers, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and reception
expenses, $192,846,000, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee, of which
$6,028,000 shall be for agreed upon protection activities for
Members of Congress and shall be available until September 30,
2025: Provided, That amounts made available for the Enhanced
Member Protection Program may be obligated and expended only
upon approval of the Committees on Appropriations: Provided
further, That, notwithstanding any other provision of law, the
cost of basic training for the Capitol Police at the Federal
Law Enforcement Training Centers for fiscal year 2023 shall be
paid by the Secretary of Homeland Security from funds available
to the Department of Homeland Security.
Administrative Provisions
volunteer chaplain services
Sec. 120. (a) The Chief of the Capitol Police shall have
authority to accept unpaid religious chaplain services, whereby
volunteers from multiple faiths, authorized by their respective
religious endorsing agency or organization, may advise,
administer, and perform spiritual care and religious guidance
for Capitol Police employees.
(b) Chaplains shall not be required to perform any rite,
ritual, or ceremony, and employees shall not be required to
receive such rite, ritual, or ceremony, if doing so would
compromise the conscience, moral principles, or religious
beliefs of such chaplain or employees or the chaplain's
endorsing agency or organization.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
Sec. 121. Notwithstanding any other provision of law (except
section 1341 of title 31, United States Code), hereafter, the
United States Capitol Police shall perform a threat assessment
for former Speakers of the House of Representatives, and if
warranted, any such former Speaker shall receive a United
States Capitol Police protective detail for a period of not
more than one year beginning on the date they leave such
office, except that such former Speaker shall have the option
to decline such protective detail at any time: Provided, That
at the conclusion of the one year period, the United States
Capitol Police shall perform a threat assessment to determine
whether extension of the protective detail is warranted:
Provided further, That, the protective detail may be extended
beyond the initial one year period, with the concurrence of the
relevant former Speaker, if the United States Capitol Police
determines that information or conditions, including but not
limited to violent threats, warrant such protection: Provided
further, That the United States Capitol Police is authorized to
enter into Memoranda of Understanding with relevant state and
local law enforcement agencies, as needed, to carry out this
section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $8,000,000, of which
$2,500,000 shall remain available until September 30, 2024, and
of which not more than $1,000 may be expended on the
certification of the Executive Director in connection with
official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $63,237,000: Provided,
That the Director shall use not less than $500,000 of the
amount made available under this heading for (1) improving
technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to
Members of Congress, employees of Members of Congress, and the
public, and (2) to increase the availability of models,
economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in connection
with facilities and activities under the care of the Architect
of the Capitol including the Botanic Garden; electrical
substations of the Capitol, Senate and House office buildings,
and other facilities under the jurisdiction of the Architect of
the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the
Capitol may approve; for purchase or exchange, maintenance, and
operation of a passenger motor vehicle, $145,843,000: Provided,
That none of the funds appropriated or made available under
this heading in this Act or any other Act, including previous
Acts, may be used for a home-to-work vehicle for the Architect
or a duly authorized designee.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $80,589,000, of which $6,099,000
shall remain available until September 30, 2027, and of which
$42,785,000 shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $16,365,000, of which
$2,000,000 shall remain available until September 30, 2027.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision of
the Architect of the Capitol, $184,596,000, of which
$66,000,000 shall remain available until September 30, 2027,
and of which $36,100,000 shall remain available until expended.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $126,279,000, of which
$14,500,000 shall remain available until September 30, 2027,
and of which $40,600,000 shall remain available until expended
for the restoration and renovation of the Cannon House Office
Building: Provided, That of the amount made available under
this heading, $4,000,000 shall be derived by transfer from the
House Office Building Fund established under section 176(d) of
the Continuing Appropriations Act, 2017 (2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating, power
(including the purchase of electrical energy) and water and
sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds about
the same, Botanic Garden, Senate garage, and air conditioning
refrigeration not supplied from plants in any of such
buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for
air conditioning for the Supreme Court Building, the Union
Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $166,951,000,
of which $68,600,000 shall remain available until September 30,
2027: Provided, That not more than $10,000,000 of the funds
credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year
2023.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $144,220,000, of which $108,000,000 shall remain
available until September 30, 2027.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computing Facility, and Architect of the Capitol
security operations, $402,907,000, of which $346,255,000 shall
remain available until September 30, 2027: Provided, That of
such amount, $80,000,000 shall be for design and construction
of enhanced screening vestibules at the north and south Capitol
Building entrances: Provided further, That of such amount,
$238,455,000 shall be for the Capitol Complex Security Program:
Provided further, That amounts made available for the Capitol
Complex Security Program may be obligated and expended only
upon approval of the Committees on Appropriations.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the
Library, $23,560,000, of which $8,200,000 shall remain
available until September 30, 2027: Provided, That, of the
amount made available under this heading, the Architect of the
Capitol may obligate and expend such sums as may be necessary
for the maintenance, care and operation of the National Garden
established under section 307E of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $27,692,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget,
unless the Architect of the Capitol, or agency-employed
designee, 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.
reauthorization of fallen heroes flag act of 2016
Sec. 131. Section 5 of the Fallen Heroes Flag Act of 2016 (2
U.S.C. 1881c) is amended by striking ``through 2022'' and
inserting ``through 2028''.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the
Library; operation and maintenance of the American Folklife
Center in the Library; preparation and distribution of catalog
records and other publications of the Library; hire or purchase
of one passenger motor vehicle; and expenses of the Library of
Congress Trust Fund Board not properly chargeable to the income
of any trust fund held by the Board, $582,529,000, and, in
addition, amounts credited to this appropriation during fiscal
year 2023 under the Act of June 28, 1902 (chapter 1301; 32
Stat. 480; 2 U.S.C. 150), shall remain available until
expended: Provided, That the Library of Congress may not
obligate or expend any funds derived from collections under the
Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses, including for the Overseas Field Offices:
Provided further, That of the total amount appropriated,
$12,245,000 shall remain available until expended for the
Teaching with Primary Sources program: Provided further, That
of the total amount appropriated, $1,459,000 shall remain
available until expended for upgrade of the Legislative Branch
Financial Management System: Provided further, That of the
total amount appropriated, $250,000 shall remain available
until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to
eligible entities across the United States: Provided further,
That of the total amount appropriated, $3,976,000 shall remain
available until expended for the Veterans History Project to
continue digitization efforts of already collected materials,
reach a greater number of veterans to record their stories, and
promote public access to the Project: Provided further, That of
the total amount appropriated, $1,500,000 shall remain
available until expended for the COVID-19 American History
Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$100,674,000, of which not more than $39,702,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2023 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend
any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$7,210,000 shall be derived from collections during fiscal year
2023 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of
such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which
collections are less than $46,912,000: Provided further, That
of the funds provided under this heading, not less than
$17,100,000 is for modernization initiatives, of which
$10,000,000 shall remain available until September 30, 2024:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws
and policies: Provided further, That not more than $6,500 may
be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception
expenses for activities of the International Copyright
Institute and for copyright delegations, visitors, and
seminars: Provided further, That, notwithstanding any provision
of chapter 8 of title 17, United States Code, any amounts made
available under this heading which are attributable to royalty
fees and payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used for
the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated Constitution
of the United States of America, $133,600,000: Provided, That
no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material
therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has
obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further,
That this prohibition does not apply to publication of non-
confidential Congressional Research Service (CRS) products:
Provided further, That a non-confidential CRS product includes
any written product containing research or analysis that is
currently available for general congressional access on the CRS
Congressional Intranet, or that would be made available on the
CRS Congressional Intranet in the normal course of business and
does not include material prepared in response to Congressional
requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,657,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and
print disabled residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2023, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$308,554,000.
(b) Activities.--The activities referred to in subsection (a)
are reimbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the Legislative Branch.
use of appropriated funds to cover salaries of certain personnel of
little scholars child development center
Sec. 141. (a) Use of Funds.--Section 210 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 162b) is amended--
(1) in subsection (f)(1), by striking ``pay to the
Library of Congress'' and inserting ``except as
provided in subsection (g), pay to the Library of
Congress'';
(2) by redesignating subsection (g) as subsection
(h); and
(3) by inserting after subsection (f) the following
new subsection:
``(g) Reimbursement for Certain Compensation.--
Notwithstanding paragraph (1) of subsection (f), in the case of
expenses described in such paragraph which are attributable to
the compensation of the Executive Director and Deputy Executive
Director of the Center, the Librarian of Congress may reimburse
the Center for such expenses from amounts appropriated or
otherwise made available for salaries and expenses of the
Library of Congress.''.
(b) Effective Date.--The amendment made by this section shall
apply with respect to fiscal year 2023 and each succeeding
fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $82,992,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any
other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended
balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving
Fund'' no 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, to be available for carrying
out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United
States Code, this appropriation may be used to prepare indexes
to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the
cataloging and indexing of Government publications in any
format, and their distribution to the public, Members of
Congress, other Government agencies, and designated depository
and international exchange libraries as authorized by law,
$35,257,000: Provided, That amounts of not more than $2,000,000
from current year appropriations are authorized for producing
and disseminating Congressional serial sets and other related
publications for the preceding two fiscal years to depository
and other designated libraries: Provided further, That
unobligated or unexpended balances of expired discretionary
funds made available under this heading in this Act for this
fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no 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, to be available for
carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $11,605,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with 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
programs and purposes set forth in the budget for the current
fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more than
$7,500 may be expended on the certification of the Director of
the Government Publishing Office in connection with official
representation and reception expenses: Provided further, That
the Business Operations Revolving Fund shall be available for
the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director
of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code:
Provided further, That the Business Operations Revolving Fund
shall be available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That
activities financed through the Business Operations Revolving
Fund may provide information in any format: Provided further,
That the Business Operations Revolving Fund and the funds
provided under the heading ``Public Information Programs of the
Superintendent of Documents'' may not be used for contracted
security services at Government Publishing Office's passport
facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under
section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and (8)
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and
(8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in
foreign countries, $790,319,000, of which $5,000,000 shall
remain available until expended: Provided, That, in addition,
$55,865,000 of payments received under sections 782, 791, 3521,
and 9105 of title 31, United States Code, shall be available
without fiscal year limitation: Provided further, That amounts
provided under this heading and appropriations for
administrative expenses of any other department or agency which
is a member of the National Intergovernmental Audit Forum or a
Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as
determined by the respective Forum, including necessary travel
expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as
reimbursements to any appropriation from which costs involved
are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional
Office for International Leadership under section 313 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000: Provided, That funds made available to support
Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the central
government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment 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), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private vehicles,
except for emergency assistance and cleaning as may be provided
under regulations relating to parking facilities for the House
of Representatives issued by the Committee on House
Administration and for the Senate issued by the Committee on
Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2023
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46
Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect
thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and
clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under 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 under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by
the LBFMC, except that the total LBFMC costs to be shared among
all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. 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 appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices of
the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of
the Capitol Police Board, guided tours of the United States
Capitol which are led by employees and interns described in
subsection (a) may be suspended temporarily or otherwise
subject to restriction for security or related reasons to the
same extent as guided tours of the United States Capitol which
are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation for a high 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, office, or other
entity acquiring the equipment or system has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
to inform acquisition decisions for high or 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 Federal Bureau of
Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity,
conducted an assessment of any risk of cyber-espionage
or sabotage associated with the acquisition of such
telecommunications equipment for inclusion in a high or
moderate impact 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 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 and supply
chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the
Federal Bureau of Investigation, that the acquisition
of such telecommunications equipment for inclusion in a
high or moderate impact system is in the vital national
security interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the
Senate in a manner that identifies the
telecommunications equipment for inclusion in a high or
moderate impact system intended for acquisition and a
detailed description of the mitigation strategies
identified in paragraph (1), provided that such report
may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (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 or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer
and coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or
reduce plastic waste, including waste from plastic straws,
explore the use of biodegradable items, and increase recycling
and composting opportunities.
capitol complex health and safety
Sec. 211. In addition to the amounts appropriated under this
Act under the heading ``Office of the Attending Physician'',
there is hereby appropriated to the Office of the Attending
Physician $5,000,000, to remain available until expended, for
response to COVID-19, including testing, subject to the same
terms and conditions as the amounts appropriated under such
heading.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2023''.
[Clerk's note.--Reproduced below is the material relating
to division I 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 S9199 of
Book II.
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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
The following is an explanation of the effects of Division
I, which makes appropriations for the legislative branch 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
117-389 carries the same weight as language included in this
joint explanatory statement and shall be complied with unless
specifically addressed to the contrary in this joint
explanatory statement. While some language is repeated for
emphasis, this explanatory statement does not intend to negate
the language referred to above unless expressly provided
herein.
All legislative branch agencies are directed to follow
prior year directives adopted in Public Law 117-103, on
``Reprogramming Guidelines'', ``Full-Time Equivalents'',
``Science and Technology Assistance for Congress'', and ``Zero-
Based Budgeting''.
Congressional Requirements for Legislative Branch Cyber and
Physical Data Security.--In lieu of the House language on
``Congressional Requirements for Legislative Branch Cyber and
Physical Data Security'', the Committees reiterate that
legislative branch agencies should consider proactive steps to
protect critical Information Technology (IT) infrastructure,
including the prevention of cyberattacks, secure data storage,
and ensuring continuity of government operations. The
Committees recommend that, as part of their production,
redundant and backup network architecture solutions,
legislative branch agencies should utilize computing and cloud
facilities designed for concurrent maintainability (equivalent
to ANSI/TIA-942-A or Uptime Institute Tier III standards and
industry best practices) and consider geographic diversity.
Cybersecurity for the Legislative Branch.--The agreement
includes funding requested by legislative branch agencies in
fiscal year 2023 to strengthen cyber defenses.
Motorized Micromobility Devices on Capitol Grounds.--
Dockless commercial scooters, or e-scooters, and other
motorized devices for rent have grown as a commuting option for
congressional staffers, tourists, and other visitors to the
District of Columbia and Capitol Grounds. However, pursuant to
the Traffic Regulations for the United States Capitol Grounds,
commercial dockless scooters remain prohibited on Capitol
Grounds. The agreement notes that the 2021 Terms and Conditions
established by the District of Columbia Department of
Transportation (DDOT) have been modified for commercial
dockless scooter vendors and these Terms and Conditions now
require commercial dockless scooter vendors to install
geofencing on their vehicles to ensure that commercial dockless
scooters do not enter onto Capitol Grounds consistent with
Traffic Regulations for the United States Capitol Grounds
prohibitions. The United States Capitol Police (USCP),
Sergeants at Arms (SAA), and Architect of the Capitol (AOC) are
expected to continue expanding outreach efforts to dockless
scooter and bicycle companies and DDOT, and to work to better
educate users, including congressional staff, District
residents, and visitors on the appropriate operation of
commercial dockless scooters and bicycles on Capitol Grounds.
This may include exploring the feasibility of installing shared
scooter docking points, including hubs for parking and
charging, at designated locations adjacent to campus as
determined by USCP, SAAs, and the AOC to ensure rider
convenience while not creating a public safety risk on Capitol
Grounds.
Offices of Inspectors General (OIG) Budgets.--Ensuring
independence between legislative branch OIGs and their
respective reporting agencies is important. Agencies are
expected to include a separate section reflecting a detailed
budget request for their OIGs within their fiscal year 2024
budget justifications. Each OIG is directed to keep the
Committees fully apprised of its funding needs. In addition,
each agency is directed to avoid interference with or require
approval for such communications between the OIG and the
Committees.
Good Accounting Obligation in Government Act.--The Good
Accounting Obligation in Government Act, or GAO-IG Act (Public
Law 115-414) requires that each Federal agency, including the
agencies of the legislative branch, include an accounting of
any public recommendations by the GAO or the agency's OIG that
have not yet been implemented, and the timeframe for
implementation. It is expected that each agency in this bill
include such a report in its fiscal year 2024 congressional
budget justification.
Internal Controls to Prevent Fraud, Waste or Abuse within
the Legislative Branch.--All legislative branch agencies are
directed to develop internal controls procedures designed to
identify potential risk areas within the agency and to
communicate the expected internal controls procedures to be
implemented throughout the agency to prevent instances of
fraud, waste, or abuse. These policies must be implemented
consistent with the authorities of the inspector generals and
established Federal laws, rules, and regulations.
Implementation of Recommendations Issued by Oversight
Entities.--Each legislative branch agency is directed to
address recommendations from oversight entities, such as the
GAO and OIGs, in a timely manner and to request resources, as
appropriate, to fully implement these recommendations. In
addition, each legislative branch agency is directed to provide
a summary of all open oversight recommendations within the
agency's annual budget justifications, to include reasons for
the recommendation remaining open and cost proposals for fully
implementing each unresolved oversight recommendation.
Single-Use Plastics and Other Sustainability Efforts.--
Reducing the use of single-use plastic products, as well as
other recyclable waste, on the Capitol Grounds is critical. The
AOC, SAAs, the Secretary of the Senate, Chief Administrative
Officer of the House (CAO) and USCP are directed to identify
the types of single-use plastic products currently used within
their operations and for what purposes; develop recommendations
on alternative products, including reuse and refill options;
and report within 60 days of enactment of this Act to the
Committees on Appropriations, the Senate Committee on Rules and
Administration and the Committee on House Administration on
these findings and the associated costs of implementing said
recommendations.
Further, the AOC and USCP are taking commendable actions to
implement outdoor recycling programs on Capitol Grounds while
maintaining the security of the Capitol complex. The AOC is
encouraged to work with the USCP to find additional locations
where garbage and recycling cans can be co-located and clearly
marked on the Capitol Grounds without impacting security
operations. In addition, AOC is encouraged to continue to
explore options from within existing resources for composting
and food waste reduction with interested legislative branch
entities.
Use of Government Vehicles.--Legislative branch agencies
are reminded that Federal government vehicles are to be
utilized for official government business only and are not to
be used for general personal use. All legislative branch
agencies are directed to implement policies regarding the
acquisition and use of Federal government vehicles, including
price limitations, equipment installation, and lifecycle
replacement procedures.
Further, all legislative branch agencies are required to
implement internal controls over home-to-work vehicle programs
where vehicles are issued to employees for the purposes of
responding to their assignment to fulfil an official duty in a
timely manner. These controls shall include an
annualrecertification of home-to-work justifications for any vehicle
assigned to agency personnel for this purpose. This process should also
include the justification for the issuance of the home-to-work vehicle,
the estimated roundtrip mileage for the vehicle to and from the
employee's residence on a daily basis, and the estimated cost to the
agency resulting from the assignment of the vehicle.
TITLE I
Senate
The agreement includes $1,150,349,000 for Senate
operations. This relates solely to the Senate and is in
accordance with long practice under which each body determines
its own housekeeping requirements and the other concurs without
intervention. Any change from the allocation of funds in the
subaccounts within this appropriation is subject to the
approval of the Senate Committee.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
The agreement provides $6,196,000 for the offices of the
majority and minority leaders to be equally divided.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
The agreement provides $3,876,000 for the offices of the
majority and minority whips to be equally divided.
CONFERENCE COMMITTEES
The chairman of each conference committee may transfer to
or from amounts provided for salaries of each conference to the
account for conference committee expenses within the
``Miscellaneous Items'' appropriation.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE
CONFERENCE OF THE MINORITY
The agreement provides $940,000 for the majority and
minority conference secretaries to be divided equally.
POLICY COMMITTEES
The chairman of each policy committee may transfer to or
from amounts provided for salaries of each policy committee to
the account for policy committee expenses within the
``Miscellaneous Items'' appropriation.
OFFICE OF THE CHAPLAIN
The Office of the Chaplain may transfer to or from amounts
provided for salaries to the account for expenses within the
``Miscellaneous Items'' appropriation.
OFFICE OF THE SECRETARY
The agreement provides Salaries funds to the Secretary of
the Senate without apportionment in the interest of
facilitating financial management duties and restructuring that
occurs from time to time. The Senate Committee expects to be
notified in writing in a timely manner of any changes to the
staffing levels, distribution of staff, or related funding.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
The agreement provides funding to enhance the IT help desk
experience in the Senate; continue implementation of a Unified
Communications system; and fully support the continued
initiative to expand the Senate's cybersecurity capabilities.
The SAA is directed to update the Senate Committee regularly as
the Cybersecurity Department develops its Senate cyber defense
strategic plan.
The agreement provides these funds to the Sergeant at Arms
without apportionment in the interest of facilitating financial
management duties and restructuring that occurs from time to
time. The Senate Committee expects to be notified in writing in
a timely manner of any changes to the staffing levels,
distribution of staff, or related funding.
Security and Emergency Preparedness.--The SAA is expected
to continue increasing its outreach efforts to offices to
improve security coordination and emergency preparedness.
Employee Assistance Program.--The agreement fully funds the
requested increase for SAA to expand resources, including
adding counselors and developing website services, to meet
increased demand and support the mental and emotional health
needs and wellbeing of the Senate community.
Office Cybersecurity.--The SAA is expected to utilize funds
provided for fiscal year 2023 to conduct third-party
cybersecurity auditing services and resiliency assessments for
all Senate offices and committees to protect the privacy and
integrity of office networks; provide enhanced cybersecurity
training for each Senate office; institute protections against
insider threats; and institute and operationalize enhanced
privacy protections within the Senate network.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
The agreement provides $2,126,000 for the offices of the
secretaries for the majority and minority to be equally
divided.
OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE
The agreement provides $8,150,000 for the Office of
Legislative Counsel of the Senate, which will allow the office
to hire three attorneys in fiscal year 2023.
SECRETARY OF THE SENATE
The Secretary of the Senate shall provide semi-annual
updates to the Senate Committee on FMIS progress, challenges
and stakeholder feedback starting within 90 days of enactment
of this Act.
The Senate Committee provides these funds to the Secretary
of the Senate without apportionment in the interest of
facilitating financial management duties and restructuring that
occurs from time to time. The Senate Committee expects
notification in writing in a timely manner of any cumulative
changes in excess of 10 percent to the funding levels between
programs, projects, or activities.
Contingent Expenses of the Senate
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
The Senate Committee provides these funds to the Sergeant
at Arms without apportionment in the interest of facilitating
financial management duties and restructuring that occurs from
time to time. The Senate Committee expects to be notified in
writing in a timely manner of any cumulative changes in excess
of 10 percent to the funding levels between programs, projects,
or activities.
Hearing Room Audiovisual Equipment.--The agreement provides
$5,000,000 in no-year funding to partially or fully renovate
two to four hearing rooms per year, as per the request. The SAA
is expected to continue working with the Architect of the
Capitol and the Committees on Appropriations and Rules and
Administration to develop a replacement plan to avoid equipment
failure.
Unified Communications and Collaboration (UCC) System.--The
SAA is directed to continue providing semi-annual updates to
the Senate Committee on the development and implementation of
the UCC system.
Training to ``Stop the Bleed''.--The Senate Committee
commends the SAA Office of Security, Emergency Preparedness and
Continuity's continued utilization of ``Stop the Bleed''
training on the Capitol campus and SAA is encouraged to
continue to do so.
Congressional Staff Directory.--The SAA is directed, in
consultation with relevant support offices and agencies,
including the Office of the Clerk and Chief Administrative
Officer of the House of Representatives, to explore the
creation of a centrally-managed staff directory for Congress
and congressional support agencies. Within 120 days of
enactment of this Act, SAA shall brief the Senate Committee on
the feasibility of creating a centralized congressional staff
directory.
Cyber Tools.--The SAA is directed to evaluate and provide a
briefing within 180 days of enactment of this Act to the Senate
Committee on the feasibility of Member office and committee use
of cloud-based word processing and document real-time
collaboration tools in a SAA-hosted and Chief Information
Officer-operated data center.
Cyber Care Education for Senators and Staff.--The SAA
shall, in coordination with this Committee, the Senate
Committee on Rules and Administration, and Senate majority and
minority leadership, continue to explore ways--including the
options presented in the bipartisan Senators' Personal
Cybersecurity Working Group's report--in which it may better
provide voluntary cybersecurity support to any Senator seeking
assistance with their personal devices or accounts under
existing ethics, rules, appropriations, statutory, and civil
law. The SAA is directed to provide increased training
opportunities so that members and staff traveling abroad are
aware of cyber threats and appropriate best practices to
mitigate such threats to their devices, and to brief this
Committee on whether members and staff are utilizing these
awareness tools.
Sergeant at Arms Fellowships Fund.--The agreement provides
$6,277,000 to establish the McCain-Mansfield Fellowship
Program, established under Senate Resolution 443 (117th
Congress), and the SFC Sean Cooley and SPC Christopher Horton
Congressional Gold Star Family Fellowship Program, established
under Senate Resolution 442 (117th Congress). Rather than
provide this funding as requested in the fiscal year budget
request, as amended, as part of the expenses of the Office of
the Sergeant at Arms and Doorkeeper, the Committee provides a
separate funding account and parameters for expenditures under
section 102 of this Act. The SAA shall submit a spending plan
to the Committee within 60 days of enactment of this Act
detailing how the agency intends to allocate fiscal year 2023
funds.
Miscellaneous Items.--The agreement provides $27,814,000
for miscellaneous items to remain available until September 30,
2025. Any deviation of more than 10 percent cumulatively from
the stated levels for each item will require the customary
prior approval of the Senate Committee.
The following table sets forth the apportionment of funds
under this appropriation:
[GRAPHIC] [TIFF OMITTED] T9060I.001
Senate Employees' Child Care Center.--The Committee
acknowledges that Congress may only provide funding for
employee benefits and travel expenses for employee training
activities for the Senate Employees' Child Care Center (SECCC),
and the reimbursement of salaries for the executive director
and assistant director of the center, which are provided for
and fully funded in this Act. The Committee further
acknowledges that funds for all other employees' salaries and
operational expenses are paid by the Center's operating budget
and cannot be supplemented with appropriated funds.
Furthermore, the Committee understands these payments will free
up the Center's operating budget to provide salary increases
for all day care faculty, allowing the Center to pay its staff
competitive salaries comparable with the House of
Representatives Child Care Center.
Consultants Including Agency Contributions.--The agreement
provides authority for the appointment and payment of
consultants not to exceed the daily rate for maximum standing
committee rate. All of the consultants may be appointed at an
annual rate of compensation not to exceed the maximum annual
rate for a standing committee. The following summarizes the
current authority and limitations:
Majority Leader.--Twelve consultants.
Minority Leader.--Twelve consultants.
Legislative Counsel (Subject to President Pro
Tempore Approval).--Two consultants.
President Pro Tempore.--Three consultants.
President Pro Tempore Emeritus.--One consultant.
Senate Employees' Child Care Center Agency Contributions.--
The agreement provides for the payment of agency contribution
costs as authorized by Public Law 102-90, approved August 14,
1991, and Public Law 103-50, approved July 2, 1993, for
employees of the Senate Employees' Child Care Center.
Senate Employees' Child Care Center Reimbursement of
Salaries.--The agreement provides for the reimbursement costs
to the Senate Employees' Child Care Center for the basic pay
paid to theExecutive Director and for the basic pay paid to the
Assistant Director of the Center, as authorized by Senate Resolution
329, approved July 29, 2021.
Senate Employees' Child Care Center Training Classes and
Conference Costs.--The agreement provides for the reimbursement
of any individual employed by the Senate Employees' Child Care
Center for the cost of training classes and conferences in
connection with the provision of child care services and for
travel, transportation, and subsistence expenses incurred in
connection with the training classes and conferences, as
authorized by Public Law 104-197, approved September 16, 1996.
Student Loan Repayment Program.--The agreement provides
$9,800,000 for the repayment of student loans, for eligible
employees at the discretion of the employing office, to enhance
recruitment and retention of Senate staff.
Enhanced Member Protection.--The Senate Sergeant at Arms is
directed to develop a residential security system program
designed to allow Senators, at their discretion, to
participate. The program is focused on assisting in mitigating
increased risks to the physical security of Senators'
residences both in the District of Columbia and in their home
states. The agreement provides a total of $2,500,000 to be
available until expended for the development and administration
of a residential security system program.
The residential security system program, via threat
assessments, shall identify threats and risks vulnerabilities
on the residences of Senators. The program will be administered
under memorandums of understanding with each Senate office that
elects to participate. The MOU shall govern the security system
options recommended to mitigate identified risks, the terms of
the installation, funding, monitoring and maintenance of the
system. The costs for the respective residential security
systems shall be at the participating Senator's expense through
the use of personal or campaign funds. If a Senator certifies
that personal or campaign funding is unavailable to address the
threat assessment recommendations, the Sergeant at Arms may, on
a case-by-case basis, utilize available residential security
system no year funds to address remaining requirements.
Within 60 days of enactment of this Act, the Senate
Sergeant at Arms shall provide to the Committee, details
regarding the administration of the program including the
process by which the Sergeant at Arms will make determinations
when to utilize no year funding.
SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
The following table illustrates the several components of
the SOPOEA.
[GRAPHIC] [TIFF OMITTED] T9060I.002
Senate Intern Compensation.--The agreement includes
$7,000,000 for the sole purpose of providing financial
compensation to interns.
[GRAPHIC] [TIFF OMITTED] T9060I.003
ADMINISTRATIVE PROVISIONS
The agreement includes provisions that require that amounts
remaining in the Senators' Official Personnel and Office
Expense Account be used for deficit reduction or to reduce the
Federal debt, establish appropriations for the Senate Sergeant
at Arms Fellowships Fund, also known as the McCain-Mansfield
and SFC Sean Cooley and SPC Christopher Horton Congressional
Gold Star Family Fellowships Programs, and amend funding
authorities in Division I of the Consolidated Appropriations
Act, 2021 for Senate Democratic Leadership offices.
HOUSE OF REPRESENTATIVES
The agreement includes $1,847,571,000 for House operations.
This item relates solely to the House and is in accordance with
long practice under which each body determines its own
housekeeping requirements and the other concurs without
intervention. The language included in House Report 117-389
should be complied with and carry the same emphasis as the
language included in the explanatory statement, unless
specifically addressed to the contrary in this explanatory
statement.
Housing of U.S. House of Representatives Interns.--The
agreement modifies the reporting date included in House Report
117-389 by instead directing the House Intern Resource Office
to provide the list of intern housing resources and findings by
not later than 180 days after the establishment of the House
Intern Resource Office.
Lobbyist Disclosure Unique Identifier.--The agreement
modifies the direction included in House Report 117-389 within
the Office of the Clerk for the Lobbyist Disclosure Unique
Identifier. The agreement instead provides $1,400,000 to the
House of Representatives Modernization Initiatives Account for
the Lobbyist Disclosure Unique Identifier.
House Center for Well-Being.--The agreement modifies the
direction included in House Report 117-389 to notify the
Committee within 30 days in advance of contract awards. The
agreement instead directs the House Center for Well-Being and
the Office of Employee Assistance to provide monthly updates on
the Center's plans and program offerings to staff.
House Information Websites.--The agreement modifies the
direction included in House Report 117-389 for the House
Information Resource Office and instead, directs the
Congressional Data Task Force, in coordination with relevant
stakeholders, to submit a report, no later than 180 days after
enactment of this Act, on the feasibility and cost of (1)
centralizing congressional information websites on one
platform; (2) improving user accessibility for persons with
disabilities and non-English speakers; (3) developing
educational resources for the public on how to find
congressional information; and (4) improving the current user
interface.
Supervisory Training Development.--The agreement modifies
the direction included in House Report 117-389. The Office of
Diversity and Inclusion (ODI) is directed to coordinate with
the Congressional Staff Academy to develop an ongoing
curriculum for diversity, equity, inclusion, and accessibility
training for managers and supervisors, which can be held
quarterly. ODI and the Congressional Staff Academy are directed
to brief the House Committee on Appropriations on a bi-monthly
basis on their efforts towards creating such a curriculum,
until such curriculum is developed.
Extension of Staff Benefits.--The Committee commends the
Chief Administrative Officer (CAO) Task Force on a Diverse and
Talented House Workforce for providing the House Staff Benefits
and Retention Study as well as further detailed research on
implementing various employee benefit programs. The agreement
provides the House authority to use appropriated funds for a
childcare subsidy program. The CAO Task Force on a Diverse and
Talented House Workforce, in coordination with the Committee on
House Administration, shall work to develop a House Child Care
Subsidy Program that provides childcare subsidies for House
staffers who do not use the House of Representatives Child Care
Center. The Task Force shall provide details for the program
along with an implementation plan to the House Committee on
Appropriations within 60 days of enactment of this Act.
ADMINISTRATIVE PROVISIONS
The agreement provides for unspent amounts remaining in the
Members' Representational Allowances (MRA) account to be used
for deficit or debt reduction; places a limitation on the
amount available to lease vehicles; limits the sharing of House
information by Federal entities; establishes a House Intern
Resource Office; expands the authorities of the House Student
Loan Program; amends the House Services Revolving Fund;
clarifies the use of the Child Care Center Revolving Fund; and
provides authority for a child care subsidy program.
JOINT ITEMS
Joint Economic Committee
The agreement includes $4,283,000 for salaries and
expenses.
Joint Committee on Taxation
The agreement includes $12,948,000 for salaries and
expenses.
Office of the Attending Physician
The agreement includes $4,181,000.
Office of Congressional Accessibility Services
SALARIES AND EXPENSES
The agreement includes $1,702,000 for salaries and
expenses.
CAPITOL POLICE
SALARIES
The agreement includes $541,730,000 for salaries of the
United States Capitol Police (USCP), of which $3,450,000 shall
be for agreed upon protection activities for Members of
Congress and shall be available until September 30, 2024, with
notification to the Committees on Appropriations prior to the
obligation of funds. No more than $64,912,000 is provided for
overtime in fiscal year 2023.
Enhanced Member Protection.--The Committees recognize the
emerging mission requirements for the United States Capitol
Police, especially in the area of Member protection resulting
from increased threats and directions of interest toward
Senators and House Members. In light of this, the Committees
continue to find that ensuring the continuity of government
must include protecting the physical security of Members of
Congress both in the District of Columbia and in their home
states, districts and territories. The agreement provides a
total of $9,478,000, which includes $3,450,000 for Salaries and
$6,028,000 for General Expenses to support the Department's
recommendations to enhance Member protection including
providing a security program for Congressional Leadership,
expanding Dignitary Protection Division services and expanding
USCP field office presence.
In order to better define the impact of the emerging
mission on the Department's operations, the Committees provide
$1,000,000 in General Expenses for the development of a
comprehensive Concept of Operations Plan. This plan should
include, but is not limited to: defined mission requirements,
both current and projected; validated post requirements; the
construct of necessary departmental entities to support the
mission, to include projected reorganizations; resulting sworn
and civilian staffing requirements; sworn official and civilian
leadership requirements; mandatory training requirements and
professional skills development requirements; projected
staffing levels and commensurate additional duty projections to
meet the mission; areas for contracted support to the mission,
to include the future use of contracted Capitol Security
Officers or other like resources; the use of technology to meet
mission requirements; and a comprehensive mitigation plan to
address and mitigate threats and directions of interest against
Members. The plan shall be completed not later than one year
after the date of enactment of this Act. The Department shall
provide updates on its progress to develop a Concept of
Operations plan monthly to the Committees.
Risk-Based Protections for Members of Congress.--The
agreement provides $2,000,000 in Salaries for the Department to
provide Member security outside of the Capitol campus in the
National Capital Region (NCR), as warranted by risk-based
analyses. The USCP is expected to continue working closely with
the House and Senate SAAs and law enforcement partners in the
NCR, as well as educating Member offices, on USCP's strategy
for Members' protection within the NCR while off the Capitol
Grounds, per the December 2018 report detailing the
Department's plans to enhance off-campus Member security in the
NCR.
Mutual Aid Reimbursement.--USCP is directed to continue to
expand the use of other Federal, state and local law
enforcement entities through reimbursable mutual aid agreements
and to ensure collaborative two-way sharing of critical
information to meet mission requirements. The Department is
encouraged to further expand the use of regionally-based
Department personnel to focus efforts of addressing threats
against Members and their families.
State and Local Law Enforcement Reimbursement.--The
Department is reminded to continue making earnest efforts to
increase outreach on mutual aid agreements. The Department is
directed to issue a report to the Committees within 180 days of
enactment of this Act on the mutual aid reimbursement costs
compared to providing personal security details for Members,
options for enhancing security for Members and staff working in
their districts through mutual aid, and the USCP outreach
efforts to date on mutual aid.
Contract Security Officers.--The Department is directed to
submit to the Committees within 90 days of enactment of this
Act a report on the performance of contract Capitol Security
Officers' (CSO) ability to assist the USCP with meeting mission
requirements. The report should be placed in the respective
House and Senate security offices for viewing by authorized
representatives of the Committees and should include decisional
metrics for CSO location utilization and the benefits of
supporting sworn officers. The report must detail any
additional security training that may be needed in future
contracts and the background check process. Additionally, the
report is required to detail the estimated cost savings for
using CSOs.
Reopening the Capitol Campus.--Reopening the Capitol campus
safely to the public is the Committees' priority. The
Department is directed to provide the Committees, within 30
days after the enactment of this Act, a written reopening plan,
to include a list of post/mission requirements with identified
protection/security activity, sworn staffing requirements,
Capitol Security Officer staffing requirements, additional duty
requirements, and other resources needed to reopen the Capitol
campus to its pre-pandemic posture, factoring in any additional
requirements resulting from January 6, 2021, and increasing
threats against Members of Congress. Further, the Department
shall provide an update to the Committees every 30 days on the
resources available to staff those posts and challenges that
impact the proposed reopening plan. Lastly, the plan should
include a proposed timeline for reopening, understanding that
fluctuations in hiring occur, as well as additional security
requirements, and can alter the schedule. As the plan will
include law enforcement sensitive information, it should be
made available within the respective House and Senate security
offices to be viewed by authorized representatives of the
Committees.
Responses to USCP OIG Recommendations.--When responding to
recommendations detailed in USCP OIG reports, the Department is
expected to develop cost proposals for each recommendation to
better inform the Committees on what resources would be
required to implement the recommendations, such as
organizational realignment, changes in position descriptions,
increased personnel, reassignment of existing personnel, and
additional training and equipment.
USCP Office of Inspector General.--The agreement includes
funds to support not less than 12 full-time equivalent (FTE)
within the USCP OIG.
GENERAL EXPENSES
The agreement includes $192,846,000 for general expenses of
the Capitol Police, of which $6,028,000 shall be for agreed
upon protection activities for Members of Congress and shall be
available until September 30, 2025.
Arrest Summary Data.--The Committees commend the USCP for
their progress toward compliance with a directive to post
arrest summary information in a user-friendly format that is
searchable, sortable, downloadable, and is available on a
cumulative basis. The Committees thank the Department for their
briefing on arrest summary data. Furthermore, the Department is
directed to submit a report of arrests made both on the Capitol
complex and the surrounding Capitol Hill community on a
quarterly basis to the Committee.
USCP Information Sharing.--The Department is encouraged to
continue increasing its efforts to communicate with Members of
Congress, congressional employees, and the public about events
occurring around the Capitol complex in a manner that is
consistent with and does not interfere with its primary mission
of protecting the Congress and the legislative process.
ADMINISTRATIVE PROVISIONS
The agreement includes provisions to establish authorities
for volunteer chaplain services and additional protective
details.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES AND EXPENSES
The agreement includes $8,000,000 for salaries and
expenses, of which $2,500,000 shall remain available until
September 30, 2024.
CONGRESSIONAL BUDGET OFFICE
SALARIES AND EXPENSES
The agreement includes $63,237,000 for salaries and
expenses. The Congressional Budget Office is directed to follow
prior year directives adopted in Public Law 117-103, on
``Promoting Transparency and Responsiveness''. As with prior
year budget submissions, the Committees expect CBO to include
in its fiscal year 2024 budget request details about the
agency's ongoing and future efforts to implement the multi-year
plan to increase its capacity to make CBO's work as transparent
and responsive as possible.
ARCHITECT OF THE CAPITOL
The agreement includes $1,315,002,000 for the activities of
the Architect of the Capitol (AOC).
AOC Vehicle Usage.--The AOC is required to comply with 31
U.S.C. 1343 and, as such, limited by the statutory controls
over motor vehicle acquisition and use, including price
limitation, equipment, and replacement of motor vehicles, and
per regulations set forth by the General Services
Administration (GSA). The AOC is also expected to adhere to GSA
regulations on official use of agency vehicles to perform AOC's
mission, including proper identification of the vehicle as
Federal government-issued and -owned, as well as home-to-work
policies. None of the fund's appropriated under this Act or any
other Act, including previous Acts, may be used for a home-to-
work vehicle for the Architect of the Capitol or a duly
authorized designee.
AOC Office of Inspector General.--Within the total, the
agreement provides no less than $6,110,000 for the AOC OIG. The
agreement includes the request of $495,000 for 3 additional
FTE. The Committees also direct the AOC to ensure that
sufficient funding is available for contracts and other
expenses identified by the AOC OIG to fulfill its mission.
Finally, the Committees reiterate that the independence of the
AOC OIG is of the utmost importance.
Capital Construction and Operations
The agreement includes $145,843,000 for Capital
Construction and Operations.
Medical Surveillance.--The recommendation includes $317,000
to continue the program, administered by the OAP, for medical
exams and tests designed to detect and monitor employee health
effects resulting from hazardous chemical or physical exposures
in the workplace.
Studying Sustainability.--The AOC's annual Performance and
Accountability Report (PAR) provides the results of the AOC's
financial performance each fiscal year, as well as demonstrates
the AOC's commitment to the accomplishment of its mission and
accountability for its financial resources. As part of the PAR
completed for fiscal year 2023, the AOC is directed to report
on greenhouse gas emissions analysis as data is available for
the Capitol complex. The AOC is also directed to include
information in each PAR that reflects all significant measures
taken to address efficient use of steam and electricity.
Lastly, the AOC is expected to include this information as part
of this report on an annual basis to leverage energy
conservation and maximize the use of energy efficient sources
throughout the legislative branch facilities.
Capitol Building
The agreement includes $80,589,000, for maintenance, care,
and operation of the Capitol Building, of which $6,099,000
shall remain available until September 30, 2027, and of which
$42,785,000 shall remain available until expended.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $31,705,000
Project Budget:
House Kitchen and Exhaust Modernization............ 23,900,000
Senate Restaurant Renovation Program............... 18,885,000
Minor Construction................................. 5,500,000
Conservation of Fine and Architectural Art......... 599,000
------------------
48,884,000
Total, Capitol Building.......................... $80,589,000
------------------------------------------------------------------------
Hygiene Products.--The Committees appreciate and note the
AOC's efforts to ensure menstrual hygiene products are
available at no cost to all those who use restroom facilities
throughout the Capitol Complex Buildings and Grounds. The AOC
is expected to continue making bulk purchases of, storing, and
distributing menstrual hygiene products throughout the Capitol
Complex Buildings and Grounds, in coordination with partnering
agencies.
Miscellaneous Improvements Notifications.--The Committees
appreciate the AOC's efforts to document and notify the
Committees of ``Miscellaneous Improvements projects,'' which
are completed projects that cost less than $5,000 for labor and
materials. The Committees continue to direct the AOC to provide
quarterly reports on Miscellaneous Improvements projects,
including a description and cost of each project and the status
of total funding set aside for this purpose.
Capitol Grounds
The agreement includes $16,365,000 for the care and
improvements of the grounds surrounding the Capitol, House and
Senate Office Buildings, and the Capitol Power Plant, of which
$2,000,000 shall remain available until September 30, 2027.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $14,365,000
Project Budget:
Minor Construction................................. 2,000,000
------------------
2,000,000
Total, Capitol Grounds........................... $16,365,000
------------------------------------------------------------------------
Senate Office Buildings
The agreement includes $184,596,000 for the maintenance,
care, and operation of the Senate Office Buildings, of which
$66,000,000 shall remain available until September 30, 2027,
and $36,100,000 shall remain available until expended for
Committee Room Modernization.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $82,496,000
Project Budget:
Low-Slope Roofing System Replacement, Dirksen...... 16,600,000
Fire Alarm Control & Panel Replacement, Dirksen.... 4,300,000
Exterior Door Conservation, Phase II, Dirksen...... 3,200,000
Senate Restaurant Renovation Program............... 8,100,000
Air Handling Unit Refurbishments & Replacements, 25,000,000
Phase I, Hart.....................................
Senate Sensitive Compartmented Information Facility 3,500,000
(SCIF) Construction...............................
Committee Room Modernization....................... 5,000,000
Senate Sergeant at Arms Relocation................. 28,000,000
Minor Construction................................. 8,400,000
------------------
102,100,000
Total Senate Office Buildings.................... $184,596,000
------------------------------------------------------------------------
For fiscal year 2023, the AOC is directed to follow prior
year directives adopted in Public Law 117-103, on ``Calder
Mountain and Clouds Sculpture'', ``Composting Program'', and
``Senate Employees' Child Care Center (SECCC) Facility
Assessment''.
Senate Sensitive Compartmented Information Facility (SCIF)
Assessment.--The Committee notes the progress made to study and
design SCIF space in the Senate. The recommendation provides
$3,500,000 in 5-year funds to be used for construction of new
SCIF space and to continue implementing recommendations from
the SCIF study including preliminary planning, study, design,
preconstruction, and construction of additional sensitive
compartmented information facility space for the Senate, in
coordination with the Office of Senate Security and the Senate
Committees on Appropriations and Rules and Administration.
House Office Buildings
The agreement includes $126,279,000 for the care and
maintenance of the House Office Buildings, of which $14,500,000
shall remain available until September 30, 2026, and
$40,600,000 shall remain available until expended for the
restoration and renovation of the Cannon House Office Building.
Of the amount made available, $4,000,000 shall be derived by
transfer from the House Office Building Fund.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $71,179,000
Project Budget:
CAO Project Support................................ 7,000,000
Minor Construction................................. 7,500,000
Cannon Building Restoration........................ 40,600,000
------------------
55,100,000
Total House Office Buildings..................... $126,279,000
------------------------------------------------------------------------
Cannon Building Costs.--The Committees recognize the urgent
need to complete the Cannon Building renewal, which will
replace outdated building systems, conserve historic aspects of
the building, and optimize the functionality of Member suites,
among other improvements. The Committees remain concerned that
the cost of the Cannon renovation continues to increase from an
initial project estimate of $752,700,000 to the current project
estimate of $971,300,000.
Capitol Power Plant
The agreement includes $166,951,000 for maintenance, care,
and operation of the Capitol Power Plant (CPP), of which
$68,600,000 shall remain available until September 30, 2027.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $98,351,000
Project Budget:
Electrical Switchgear B and Pump Replacement, RPR, 30,400,000
WRP...............................................
Utility Tunnel Concrete Repairs at Russell Carriage 2,200,000
Entrance, R Tunnel................................
Utility Tunnel Concrete Repairs at 2nd and E 1,800,000
Capitol, R Tunnel.................................
Roofing System Replacement, Boiler and Generator 16,500,000
Plant.............................................
Utility Tunnel Pipe Expansion Joint Replacement, Y 12,700,000
Tunnel............................................
Minor Construction................................. 5,000,000
------------------
68,600,000
Total, Capitol Power Plant....................... $166,951,000
Offsetting Collections........................... (10,000,000)
------------------------------------------------------------------------
Resiliency Efforts.--The AOC is encouraged to continue to
find ways to increase the resilience and efficiency of the
Capitol complex by exploring the feasibility of procuring
increasingly efficient technologies that aim to make the
Capitol complex more resilient and independent over time. To
this end, the AOC shall brief the Committees within 60 days of
enactment of the Act on the incremental cost differences
between conventional and low-carbon or zero emissions
alternatives for the Capitol campus. In addition, the AOC shall
provide periodic updates on the status of the design,
construction and installation of the electronic vehicle (EV)
charging stations across the Capitol complex utilizing
appropriated funds, as well as the estimated costs associated
with operating and maintaining those EV charging stations, and
any plans for expanding EV charging stations for the Senate and
other areas within Capitol complex.
Library Buildings and Grounds
The agreement includes $144,220,000 for Library of Congress
Buildings and Grounds, of which $108,000,000 shall remain
available until September 30, 2027.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $36,220,000
Project Budget:
Collection Storage Module 7, Fort Meade............ 51,000,000
Sprinkler System Replacement for Collections, JAB.. 37,500,000
Fire Alarm and Audibility System Upgrade, Phase II, 15,500,000
JMMB..............................................
Minor Construction................................. 4,000,000
------------------
108,000,000
Total, Library Buildings and Grounds............. $144,220,000
------------------------------------------------------------------------
Library of Congress Visitor Experience.--The Committees are
concerned with the accuracy of construction project cost
estimates and schedules it has received from the AOC regarding
the Library of Congress (LOC) Visitor Experience project. The
AOC, in collaboration with the LOC, is directed until project
completion to provide a bi-weekly project status report to the
Senate and House appropriations and authorization committees of
jurisdiction. The report should include costs, schedules, and
progress updates for specific construction activities aligned
to the three Visitor Experience project initiatives: 1) the
Orientation Gallery; 2) the Treasures Gallery; and 3) the Youth
Center. Further, it is the expectation of the Committees that
the construction for the three project initiatives will be
completed by the AOC in a phased manner over the following
three years, thereby ensuring minimal impact to public access
at the Thomas Jefferson Building; and all project construction
actions will be completed by no later than January 1, 2026, to
coincide with the activities set forth in Public Law 114-196,
United States Semiquincentennial Commission Act of 2016.
Lastly, the AOC is reminded that it has a responsibility to
balance the historic preservation needs of the Thomas Jefferson
Building, with the necessary and evolving LOC mission and
engagement activities as directed by the Congress.
Capitol Police Buildings, Grounds and Security
The agreement includes $402,907,000 for Capitol Police
Buildings, Grounds and Security, of which $346,255,000 shall
remain available until September 30, 2027. $238,455,000 shall
be for the Capitol Complex Security Program and $80,000,000
shall be for the design and construction of enhanced screening
vestibules.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $56,652,000
Project Budget:
Barrier Lifecycle and Security Kiosk Repairs and 9,100,000
Replacement, Phase VII, OSP.......................
USCP K-9 Expansion Support......................... 2,500,000
Capitol Complex Security Program................... 238,455,000
Enhanced Screening Vestibules Design & Construction 80,000,000
Program...........................................
Computer Room Air Conditioning Unit Replacements, 6,200,000
Phase I, OSF......................................
Minor Construction................................. 10,000,000
------------------
346,255,000
Total, Capitol Police Buildings, Grounds and $402,907,000
Security........................................
------------------------------------------------------------------------
Capitol Complex Security.--Ongoing threats against Members
of Congress and staff translates into the need for adequate
facilities and infrastructure support. The funds provided by
the Committees to AOC for core security needs will support the
USCP mission and its efforts to protect the Capitol Complex.
The AOC, in coordination with the USCP, is directed to submit a
detailed spend plan to the Committees on Appropriations within
30 days of enactment of this Act for both the Capitol Complex
Security Program and the Enhanced Screening Vestibules Design
and Construction Program. The spend plans, which may be held in
a classified setting, should include details for the execution
of the funds provided before any funds provided in this Act are
obligated.
Botanic Garden
The agreement includes $23,560,000 for the U.S. Botanic
Garden, of which $8,200,000 shall remain available until
September 30, 2027.
------------------------------------------------------------------------
------------------------------------------------------------------------
Operating Budget:.................................... $15,360,000
Project Budget:
Production Facility Renewal and Master Plan Design. 3,200,000
Minor Construction................................. 5,000,000
------------------
8,200,000
Total, Botanic Garden............................ $23,560,000
------------------------------------------------------------------------
Capitol Visitor Center
The agreement includes $27,692,000 for the Capitol Visitor
Center.
Administrative Provisions
The agreement includes provisions to prohibit payments of
bonuses to contractors behind schedule or over budget and
authorization to extend the Fallen Heroes Flag Act of 2016.
Library of Congress
SALARIES AND EXPENSES
The agreement includes $582,529,000 in direct
appropriations for the Library of Congress (the Library or LOC)
salaries and expenses. In addition, collections that may be
credited to this appropriation shall remain available until
expended. The recommendation includes the following to remain
availableuntil expended: $12,245,000 for the Teaching with
Primary Sources program, $1,459,000 for the upgrade of the Legislative
Branch Financial Management System, $250,000 for the Surplus Books
Program, $1,500,000 for the COVID-19 American History Project, and
$3,976,000 for the Veterans History Project. In addition, the agreement
includes the fiscal year 2023 request of $1,084,000 for the Visitor
Engagement Program, $4,997,000 for the Library OCIO's role in the
implementation and continuous development of the Integrated Research
and Information System (IRIS), $1,510,000 for the Legislative Branch
Financial Management System (LBFMS), $1,475,000 for the OCIO Cloud
Program Office, $4,082,000 to strengthen IT planning and project
management, $1,762,000 for the Financial Reports Division to address
significant growth in accounting, workflow, and financial reporting
requirements, $3,109,000 to expand enterprise planning and management,
and $128,000 to refresh workstations.
The agreement does not include the requested $2,394,000 to
migrate the Library's personnel and payroll processing
services.
Congress.gov Update Study.--The Committees recognize that
Congress.gov is an important tool for members, staff, and the
public to follow and understand the congressional process;
however, the Committees believe that Congress.gov could provide
a more complete picture of the full legislative process.
Therefore, the Library, in collaboration with the Legislative
Branch Data Interchange Working Group, is directed to conduct a
study to determine what changes are necessary to allow
Congress.gov to better track the legislative process. The study
should identify technical and procedural changes required to
track legislation that is introduced and later included in a
separate measure, legislation introduced that is also filed as
an amendment, and a better tracking of the congressional
committee process, including the notation of recorded votes in
committee. The Library is encouraged to consult with
congressional and public stakeholders in the development of the
study and to submit a report to the Committees within 180 days
of enactment of this Act on the findings of the study.
Information Literacy.--In recognition of the critical need
for Americans of all ages to develop information literacy
skills, the Committees direct the Library of Congress to
collaborate with and provide consultative support to the
Institute of Museum and Library Services (IMLS) as IMLS carries
out the activities of the Information Literacy Taskforce for
the priorities and guidelines described in the explanatory
statement to accompany the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 2022 (Public Law 117-103).
America 250.--The Library is encouraged to collaborate with
the IMLS on outreach and activities to engage the diverse
community of museums and libraries across the Nation in
celebrating and commemorating the semiquincentennial
anniversary of the Nation's founding.
IT Modernization.--The Committees continue to invest in IT
modernization at the Library and the Library is directed to
brief the Committees regularly on these efforts.
National Film and Sound Recording Preservation Programs.--
The Committees recognize the important work of the National
Film Preservation Program and the National Sound Recording
Preservation Program, including the Federally chartered
National Film and National Recording Preservation Foundations.
Given that these programs were reauthorized under the Library
of Congress Sound Recording and Film Preservation Programs
Reauthorization Act of 2016 (Public Law 114-217), the Library
is expected to continue to support them.
LOC Office of Inspector General.--The agreement includes
not less than $4,500,000 for the Library's OIG, to support no
fewer than 14 FTE.
The Committees recognize that public access to the Main
Reading Room at the Library of Congress is limited and
acknowledges the challenge of maintaining a balance between
creating a quiet environment for researchers while also
allowing visitors to enjoy the beauty of the Main Reading Room.
The Library is encouraged to continue exploring opportunities
to enhance public access to the Reading Room while preserving
the research environment and collections, and directs the
Library to keep the Committees apprised of any new efforts to
expand public access.
Teaching with Primary Sources.--The agreement includes
$12,245,000 for the Library's successful Teaching with Primary
Sources program (TPS), a teacher training initiative that
encourages educators to incorporate the Library's online
primary sources into school curricula.
The Committees believes that efforts to develop learning
initiatives on history, civics, and democracy have merit, and
encourages the Library to further its efforts in these areas,
including through the creation of a Lewis-Houghton Civics and
Democracy Initiative.
Lewis-Houghton Civics and Democracy Initiative.--The
Committees believe that efforts to develop digitally-enabled
learning initiatives for secondary education based on creative
arts driven instruction, especially focused on music, in
history, civics, and democracy have merit. As such, the
Committees support the establishment of the Lewis-Houghton
Civics and Democracy Initiative pilot within the Library of
Congress' Teaching with Primary Sources program to be initiated
in FY 2023. The Committees recognize the established Library
programmatic processes and resources for successfully
administering such an initiative, to include the vast
collections within the Library, such as the American Folklife
Center, the Songs of America collection and other important
Library archives and collections. The Committees also recognize
that grant products from this Initiative may be used to enrich
onsite Library of Congress activities, such as but not limited
to those planned by the Center for Learning, Literacy and
Engagement for the New Visitor Experience.
For the purposes of establishing a pilot for the
Initiative, the agreement includes $2,300,000, of which
$300,000 is available for the administration of the Initiative.
These funds are intended to develop and administer a pilot
educational program as a part of the Initiative, which funds
eligible organizations within the United States and its
territories to develop digitally-enabled comprehensive,
assessable, teaching project-based creative arts driven
curricula programs focused on using the digitized primary
sources of the Library of Congress related to history, civics
and democracy.
Applicants selected for participation in the educational
program should reflect a broad and diverse representation and
be selected on competitive bases, similar to established
criteria of programs administered by the Library. Applicants
shall demonstrate the background, partnerships and experience
to successfully implement the scope and intent of the pilot
program. Applicants for participation within the Initiative do
not need to have been a prior participant in a Library program
in order to be eligible for participation, following existing
Library announcement and selection processes.
To further the many educational programs within the
Library, participants within the programs of the Initiative
will be included within the Teaching with Primary Sources
consortium partnership to leverage information, goals and
experiences of similar or emerging programs.
Within 90 days of enactment of the Act, the Library shall
provide a plan to the Committees detailing the pilot, to
include eligibility for applying for funding from the
Initiative, the criteria to be used to select eligible
participants, the time-line for launching the pilot and an
overview of program administration. In addition, the Library is
directed to submit a report on the progress of the pilot at
theend of fiscal year 2023, detailing the successes and challenges of
administering the Initiative and providing recommendations for
refining, enhancing and expanding it in future fiscal years.
Visitor Experience Initiative.--Along with budget
submissions as part of the regular appropriations process, the
Library, in coordination with the AOC, is directed to provide
bi-weekly status reports to the Committees including designs,
cost estimates, and anticipated timelines for construction and
implementation of the Library's Visitor Experience Master Plan.
These updates should also include progress on fundraising
initiatives for private funding, including both donations in-
hand and verbal commitments, to support the Visitor Experience.
Copyright Office
SALARIES AND EXPENSES
The agreement includes $53,762,000 in direct appropriations
to the Copyright Office. An additional $43,912,000 is made
available from receipts for salaries and expenses and
$3,000,000 is available from prior year unobligated balances,
for a total of $100,674,000.
Information Technology Modernization.--The agreement
continues funding for Copyright Office IT modernization. The
Committees direct the Copyright Office and the Library's Office
of Chief Information Officer (OCIO) to continue to work
together to achieve efficiencies in shared services, while
allowing for mission specific modernization to be the
responsibility of the Copyright Office. The Committees direct
the Copyright Office to provide a detailed spend plan for the
IT modernization efforts intended to be addressed with the
funds provided in fiscal year 2023.
Congressional Research Service
SALARIES AND EXPENSES
The agreement includes $133,600,000 for salaries and
expenses for the Congressional Research Service (CRS). The
agreement includes $1,000,000 for the Congressional Legal
Education Forum as indicated in House Report 117-389.
Expanding Existing Data Analysis Capacity.--CRS is
encouraged to explore ways to expand its ability to perform
quantitative analysis of research data. Within 180 days of
enactment of this Act, CRS shall brief the Committees on
proposed options for such capacity expansion, including costs
and resource requirements. The briefing should provide detailed
information about CRS' consideration of additional research
personnel, such as new analysts, data scientists,
methodologists and research assistants to expand quantitative
analysis on newer topics that assess the impact of legislative
proposals more broadly. The briefing should include information
regarding the evaluation of CRS' infrastructure investment in
statistical data science visualization software to strengthen
this research capacity. Included in the briefing should be
specific information about the manner and means that CRS has
determined will allow it to respond in a more timely manner to
the Congress.
Congressional Research Service Modernization.--The
Committees continue to support modernization of CRS mission-
specific information systems to increase efficiency of the
office while protecting confidentiality of congressional data.
The Committees encourage CRS to explore its processes and
utilization of resources to meet the needs of the Congress in a
more timely manner based on the time-sensitive nature of the
congressional schedule.
Exploratory Study on Big Data Analytics.--CRS is directed
to engage with an external entity to produce a report detailing
the feasibility of CRS engaging in the analysis and modeling of
big data sets by highlighting the information technology
infrastructure, staffing, and analytical support required to
establish and maintain such a capability. The completed study
would be made available to the Committees on Appropriations,
the Senate Committee on Rules and Administration, the Committee
on House Administration, and House and Senate leadership.
National Library Service for the Blind and Print Disabled
SALARIES AND EXPENSES
The agreement includes $58,657,000 for salaries and
expenses for the National Library Service for the Blind and
Print Disabled (NLS).
The Library of Congress, in consultation and coordination
with the IMLS, is encouraged to provide increased assistance to
the State Library Administrative Agencies to expand access to
materials from the NLS, with additional support provided to
IMLS for these activities.
Braille eReader and Talking Book Machine Initiative.--The
agreement modifies House language regarding funding for the
purchase of no less than 2,000 new e-Reader devices for
distribution through the NLS Machine Lending.
Administrative Provisions
The agreement includes provisions related to reimbursable
and revolving funds and using appropriated funds for certain
positions within the Little Scholars Child Development Center.
Government Publishing Office
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $82,992,000 for authorized
publishing, printing and binding for the Congress.
Public Information Programs of the Superintendent of Documents
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $35,257,000.
Government Publishing Office
BUSINESS OPERATIONS REVOLVING FUND
The agreement includes $11,605,000 to remain available
until expended.
Office of Inspector General.--The agreement includes
$6,899,000 for GPO's OIG. The agreement does not include the
requested increase of $1,050,000 to migrate the OIG's human
capital (HC) and information technology (IT) support services
from GPO to a third-party Federal provider. The Committees note
that the OIG is not funded through a separate appropriation,
but the Director submits the OIG's request without
interference, as directed by these Committees. The Committees
invest considerable resources through the Business Operations
Revolving Fund annually in GPO's HC and IT services and
therefore expects the OIG to utilize them.
Government Accountability Office
SALARIES AND EXPENSES
The agreement includes $790,319,000 in direct
appropriations for salaries and expenses of the Government
Accountability Office, of which $5,000,000 shall remain
available until expended. In addition, $55,865,000 is available
from offsetting collections, for a total of $846,184,000.
Within the total, no less than $2,451,000 is provided for
the GAO Office of Inspector General to support no less than 11
FTE.
Appropriations and Budget Law.--The Committees acknowledge
that GAO legal decisions, including those related to the
Congressional Review Act, are often fact specific and time
consuming. The Committees commend the improvements made by the
GAO Appropriations Law Group to increase resources dedicated to
supporting Congress' oversight role. GAO is encouraged to
continue to find ways to speed up its adjudication process and
to prioritize responding to congressional inquiries and
publishing formal legal decisions stemming from congressional
requests.
Community Project Funding.--In accordance with the
direction in House language, the Committees direct GAO to
undertake an audit of Community Project Funding contained in
fiscal year 2023 appropriations legislation.
Unimplemented Government Accountability Office
Recommendations.--Within 180 days of enactment of this Act, GAO
shall publish on its website and provide to the Committees on
Appropriations, the Senate Homeland Security and Governmental
Affairs Committee, and the House Committee on Oversight and
Reform a report estimating the cost savings that could be
achieved if agencies acted on GAO's recommendations organized
by agency.
GAO Methodology for Estimating Savings.--The Committee
encourages GAO to explore a methodology for estimating
potential cost savings through budget requests. Given the many
assumptions and caveats required of such analysis, the
Committees expect a briefing from GAO to discuss such
methodology within 180 days of enactment of this Act.
Hiring Practices at CRS.--In lieu of House language
regarding ``Hiring Practices at CRS, LOC shall provide a report
to the Committees on the Library's current barrier analysis to
hiring and promotion within 60 days of enactment of this Act.
Infrastructure Investment and Jobs Act.--The agreement
includes $5,000,000, to remain available until expended, for
oversight, including audits, and investigations, in support of
the Infrastructure Investment and Jobs Act, Public Law 117-58.
The Comptroller General shall submit to the Committees a spend
plan for such oversight, not later than 90 days after the date
of enactment of this Act.
Congressional Office for International Leadership
The agreement includes $6,000,000 for the Congressional
Office for International Leadership (COIL).
Ukraine.--The Committees are deeply troubled by the Russian
invasion of Ukraine and support COIL's efforts to reinstate
programming in Ukraine as soon and safely as possible. The
Committee further urges COIL's engagement with Ukrainians
outside of Ukraine to maintain democratic advancement
throughout wartime.
Expansion of Program to Other Countries.--COIL is directed
to keep the Committees apprised of any new developments on
expanding programming to include other regions and countries
that may be of strategic necessity to the United States.
John C. Stennis Center for Public Service Training and Development
The agreement includes $430,000 for the Stennis Center for
Public Service Training and Development.
TITLE II--GENERAL PROVISIONS
The agreement continues provisions related to maintenance
and care of private vehicles; fiscal year limitations; rates of
compensation and designation; consulting services; costs of the
Legislative Branch Financial Managers Council; limitation on
transfers; guided tours of the Capitol; limitation on
telecommunications equipment procurement; prohibition on
certain operational expenses; plastic waste reduction; and
Capitol health and safety. The agreement does not include the
Removal of Offensive United States Capitol Statuary language in
House Report 117-389.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither the bill nor the explanatory statement contains
any congressional earmarks or congressionally directed spending
items, 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 J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,553,825,000, to remain available until
September 30, 2027: Provided, That, of this amount, not to
exceed $275,651,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $658,260,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Army'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$4,345,320,000, to remain available until September 30, 2027:
Provided, That, of this amount, not to exceed $515,473,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $492,929,000 shall be for
the projects and activities, and in the amounts, specified in
the table under the heading ``Military Construction, Navy and
Marine Corps'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available
for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $2,614,996,000, to remain available until
September 30, 2027: Provided, That, of this amount, not to
exceed $251,634,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this
heading, $509,540,000 shall be for the projects and activities,
and in the amounts, specified in the table under the heading
``Military Construction, Air Force'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities,
and real property for activities and agencies of the Department
of Defense (other than the military departments), as currently
authorized by law, $2,626,078,000, to remain available until
September 30, 2027: Provided, That such amounts of this
appropriation as may be determined by the Secretary of Defense
may be transferred to such appropriations of the Department of
Defense available for military construction or family housing
as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided
further, That, of the amount, not to exceed $506,927,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $109,680,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Defense-Wide'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to
amounts otherwise available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $459,018,000, to
remain available until September 30, 2027: Provided, That, of
the amount, not to exceed $83,435,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Army National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $151,540,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Army National Guard'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to
amounts otherwise available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air National Guard, and contributions therefor, as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $279,353,000, to
remain available until September 30, 2027: Provided, That, of
the amount, not to exceed $56,982,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Air National
Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $112,970,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Air National Guard'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to
amounts otherwise available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Army Reserve as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $193,878,000, to remain available until September 30,
2027: Provided, That, of the amount, not to exceed $24,829,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $74,000,000 shall be for the
projects and activities, and in the amounts, specified in the
table under the heading ``Military Construction, Army Reserve''
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the reserve components of the Navy and Marine Corps as
authorized by chapter 1803 of title 10, United States Code, and
Military Construction Authorization Acts, $36,837,000, to
remain available until September 30, 2027: Provided, That, of
the amount, not to exceed $9,090,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of
the Air Force Reserve as authorized by chapter 1803 of title
10, United States Code, and Military Construction Authorization
Acts, $85,423,000, to remain available until September 30,
2027: Provided, That, of the amount, not to exceed $27,573,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief
of the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $35,800,000 shall be for the
projects and activities, and in the amounts, specified in the
table under the heading ``Military Construction, Air Force
Reserve'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
in addition to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the
acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$574,687,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $169,339,000,
to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$337,297,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$232,788,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $6,442,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended,
for unaccompanied housing initiatives undertaken pursuant to
section 2883 of title 10, United States Code, providing
alternative means of acquiring and improving military
unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses
of Congress.
Sec. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by
the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this section
shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible
bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged with
and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of
military unaccompanied housing in ``Military Construction''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure Account
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) to pay for expenses associated with the Homeowners
Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more than
$35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days
prior notification, or 14 days for a notification provided in
an electronic medium pursuant to sections 480 and 2883 of title
10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact
notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the
budget submission: Provided further, That the Under Secretary
of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
Sec. 123. None of the funds made available in this title may
be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2027:
``Military Construction, Army'', $243,490,000;
``Military Construction, Navy and Marine Corps'',
$423,300,000;
``Military Construction, Air Force'', $527,300,000;
``Military Construction, Defense-Wide'',
$151,000,000;
``Military Construction, Army National Guard'',
$54,743,000;
``Military Construction, Army Reserve'', $56,600,000;
``Military Construction, Navy Reserve'',
$116,964,000;
``Military Construction, Air Force Reserve'',
$9,000,000;
``Family Housing Construction, Army'', $321,722,000;
and
``Family Housing Construction, Air Force'',
$18,800,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the
respective military department's unfunded priority list for
fiscal year 2023 submitted to Congress: Provided further, That
such projects are subject to authorization prior to obligation
and expenditure of funds to carry out construction: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or
their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of appropriations
in a National Defense Authorization Act specified for fiscal
year 2023 in the funding table in section 4601 of that Act
shall be immediately available and allotted to contract for the
full scope of authorized projects.
Sec. 126. Notwithstanding section 116 of this Act, funds
made available in this Act or any available unobligated
balances from prior appropriations Acts may be obligated before
October 1, 2024 for fiscal year 2017 and fiscal year 2018
military construction projects for which project authorization
has not lapsed or for which authorization is extended for
fiscal year 2023 by a National Defense Authorization Act:
Provided, That no amounts may be obligated pursuant to this
section from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate,
the Subcommittee on Military Construction and Veterans Affairs
of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of
the Committee on Appropriations of the House of
Representatives.
Sec. 128. For an additional amount for the accounts and in
the amounts specified for planning and design, unspecified
minor construction, and authorized major construction projects,
for construction improvements to Department of Defense
laboratory facilities, to remain available until September 30,
2027:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000; and
``Military Construction, Air Force'', $90,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or
their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 129. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction, for improving military installation
resilience, to remain available until September 30, 2027:
``Military Construction, Army'', $25,000,000;
``Military Construction, Navy and Marine Corps'',
$40,000,000; and
``Military Construction, Air Force'', $25,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or
their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military
Construction, Air Force'', $360,000,000, to remain available
until September 30, 2027, for expenses incurred as a result of
natural disasters: Provided, That not later than 60 days after
the date of enactment of this Act, the Secretary of the Air
Force, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 131. For an additional amount for the accounts and in
the amounts specified to address cost increases identified
subsequent to the fiscal year 2023 budget request for
authorized major construction projects included either in that
request or funded in Title I of Division J of Public Law 117-
103, to remain available until September 30, 2027:
``Military Construction, Army'', $103,000,000;
``Military Construction, Navy and Marine Corps'',
$331,000,000;
``Military Construction, Air Force'', $273,000,000;
``Military Construction, Defense-Wide'',
$279,347,000;
``Military Construction, Army National Guard'',
$66,000,000;
``Military Construction, Air National Guard'',
$17,000,000;
``Military Construction, Army Reserve'', $24,000,000;
``Military Construction, Navy Reserve'', $5,500,000;
and
``Military Construction, Air Force Reserve'',
$11,000,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 132. For an additional amount for the accounts and in
the amounts specified for planning and design and authorized
major construction projects, for child development centers, to
remain available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $37,400,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 133. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $25,000,000, to remain
available until September 30, 2027, for planning and design of
water treatment and distribution facilities construction,
including relating to improvements of infrastructure and
defueling at the Red Hill Bulk Fuel Storage Facility: Provided,
That not later than 180 days after the date of enactment of
this Act, the Secretary of the Navy, or their designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
section.
Sec. 134. For an additional amount for the accounts and in
the amounts specified to address cost increases for authorized
major construction projects funded by this Act, to remain
available until September 30, 2027:
``Military Construction, Army'', $48,600,000;
``Military Construction, Navy and Marine Corps'',
$166,500,000;
``Military Construction, Air Force'', $63,350,000;
``Military Construction, Defense-Wide'', $14,200,000;
``Military Construction, Army National Guard'',
$18,900,000;
``Military Construction, Air National Guard'',
$4,900,000;
``Military Construction, Army Reserve'', $2,000,000;
and
``Military Construction, Air Force Reserve'',
$500,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 135. For an additional amount for ``Military
Construction, Air National Guard'', $10,000,000, to remain
available until September 30, 2027, for planning and design for
construction at future foreign military training sites:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
section.
Sec. 136. 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.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $146,778,136,000, which shall
become available on October 1, 2023, to remain available until
expended: Provided, That not to exceed $21,423,000 of the
amount made available for fiscal year 2024 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans
Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions
of chapters 51, 53, and 55 of title 38, United States Code, the
funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further,
That such sums as may be earned on an actual qualifying patient
basis, shall be reimbursed to ``Medical Care Collections Fund''
to augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $8,452,500,000, which shall become
available on October 1, 2023, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5),
and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21 of title 38, United States Code,
$121,126,000, which shall become available on October 1, 2023,
to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may
be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2023, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by
chapter 31 of title 38, United States Code: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That funds made available under this heading
are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $942,330.
In addition, for administrative expenses necessary to carry
out the direct loan program, $445,698, which may be paid to the
appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $3,863,000,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 10 percent shall remain available until September 30,
2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in
section 1705(a) of title 38, United States Code, including care
and treatment in facilities not under the jurisdiction of the
Department, and including medical supplies and equipment,
bioengineering services, food services, and salaries and
expenses of healthcare employees hired under title 38, United
States Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-
163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly assistance
allowances authorized by section 322(d) of title 38, United
States Code, grants authorized by section 521A of title 38,
United States Code, and administrative expenses necessary to
carry out sections 322(d) and 521A of title 38, United States
Code, and hospital care and medical services authorized by
section 1787 of title 38, United States Code; $261,000,000,
which shall be in addition to funds previously appropriated
under this heading that became available on October 1, 2022;
and, in addition, $74,004,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available
until September 30, 2024: Provided, That, of the amount made
available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30, 2025:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a
priority for the provision of medical treatment for veterans
who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That the Secretary of Veterans Affairs shall ensure
that sufficient amounts appropriated under this heading for
medical supplies and equipment are available for the
acquisition of prosthetics designed specifically for female
veterans: Provided further, That nothing in section 2044(e)(1)
of title 38, United States Code, may be construed as limiting
amounts that may be made available under this heading for
fiscal years 2023 and 2024 in this or prior Acts.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,300,000,000, which shall
be in addition to funds previously appropriated under this
heading that became available on October 1, 2022; and, in
addition, $33,000,000,000, plus reimbursements, shall become
available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made
available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30, 2025.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative
expenses in support of capital policy activities; and
administrative and legal expenses of the Department for
collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
seq.), $1,400,000,000, which shall be in addition to funds
previously appropriated under this heading that became
available on October 1, 2022; and, in addition,
$12,300,000,000, plus reimbursements, shall become available on
October 1, 2023, and shall remain available until September 30,
2024: Provided, That, of the amount made available on October
1, 2023, under this heading, $350,000,000 shall remain
available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services; $1,500,000,000, which shall be in addition to
funds previously appropriated under this heading that became
available on October 1, 2022; and, in addition, $8,800,000,000,
plus reimbursements, shall become available on October 1, 2023,
and shall remain available until September 30, 2024: Provided,
That, of the amount made available on October 1, 2023, under
this heading, $500,000,000 shall remain available until
September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $916,000,000, plus
reimbursements, shall remain available until September 30,
2024: Provided, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
are available for prosthetic research specifically for female
veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $430,000,000, of which not to
exceed 10 percent shall remain available until September 30,
2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $433,000,000, of
which not to exceed 10 percent shall remain available until
September 30, 2024: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $285,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and
associated costs; and for the capital asset acquisition of
information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $5,782,000,000,
plus reimbursements: Provided, That $1,494,230,000 shall be for
pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2024: Provided
further, That $4,145,678,000 shall be for operations and
maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2024: Provided further, That
$142,092,000 shall be for information technology systems
development, and shall remain available until September 30,
2024: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development may be transferred
among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made
available for the ``Information Technology Systems'' account
for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be
increased or decreased by more than $3,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed:
Provided further, That the funds made available under this
heading for information technology systems development shall be
for the projects, and in the amounts, specified under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance of
a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility, including any changes from the deployment plan or
schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further,
That 25 percent of the funds made available under this heading
shall not be available until July 1, 2023, and are contingent
upon the Secretary of Veterans Affairs--
(1) providing the Committees on Appropriations a
report detailing the status of outstanding issues
impacting the stability and usability of the new
electronic health record system, including those that
contributed to the October 13, 2022, deployment delay,
along with a timeline and measurable metrics to resolve
issues, no later than 60 days after enactment of this
Act;
(2) certifying and detailing any changes to the full
deployment schedule, no later than 60 days prior to
July 1, 2023; and
(3) certifying in writing no later than 30 days prior
to July 1, 2023, the following--
(A) the status of issues included in the
report referenced in paragraph (1), including
issues that have not been closed but have been
suitably resolved or mitigated in a manner that
will enhance provider productivity and minimize
the potential for patient harm; and
(B) whether the system is stable, ready, and
optimized for further deployment at VA sites.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App.),
$273,000,000, of which not to exceed 10 percent shall remain
available until September 30, 2024.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, including planning, architectural and
engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $1,447,890,000, of which $731,722,000 shall
remain available until September 30, 2027, and of which
$716,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement projects
and seismic program management activities, including for
projects that would otherwise be funded by the Construction,
Minor Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio development
and management activities, and planning, cost estimating, and
design for major medical facility projects and major medical
facility leases and investment strategy studies funded through
the advance planning fund and the planning and design
activities funded through the design fund, staffing expenses,
and funds provided for the purchase, security, and maintenance
of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available
under this heading shall be used for any project that has not
been notified to Congress through the budgetary process or that
has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such
Act and presented to the President at the time of enrollment:
Provided further, That such sums as may be necessary shall be
available to reimburse the ``General Administration'' account
for payment of salaries and expenses of all Office of
Construction and Facilities Management employees to support the
full range of capital infrastructure services provided,
including minor construction and leasing services: Provided
further, That funds made available under this heading for
fiscal year 2023, for each approved project shall be obligated:
(1) by the awarding of a construction documents contract by
September 30, 2023; and (2) by the awarding of a construction
contract by September 30, 2024: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities
shall be available for the completion of both new and existing
seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $626,110,000, of which
$563,499,000 shall remain available until September 30, 2027,
and of which $62,611,000 shall remain available until expended,
along with unobligated balances of previous ``Construction,
Minor Projects'' appropriations which are hereby made available
for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds
made available under this heading shall be for: (1) repairs to
any of the nonmedical facilities under the jurisdiction or for
the use of the Department which are necessary because of loss
or damage caused by any natural disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $150,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$50,000,000, to remain available until expended.
Cost of War Toxic Exposures Fund
For investment in the delivery of veterans' health care
associated with exposure to environmental hazards, the expenses
incident to the delivery of veterans' health care and benefits
associated with exposure to environmental hazards, and medical
and other research relating to exposure to environmental
hazards, as authorized by section 324 of title 38, United
States Code, and in addition to amounts otherwise available for
such purposes in the appropriations provided in this or prior
Acts, $5,000,000,000, to remain available until September 30,
2027: Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
heading for fiscal year 2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued: Provided further, That
any transfers to or from the ``Medical Facilities'' account may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination
under the laws providing such benefits to veterans, and persons
receiving such treatment under sections 7901 through 7904 of
title 5, United States Code, or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical Services'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund under section 1920 of
title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States
Code, and the United States Government Life Insurance Fund
under section 1955 of title 38, United States Code, reimburse
the ``General Operating Expenses, Veterans Benefits
Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2023 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2023 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services shall be available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
Diversity and Inclusion, the Office of Employment
Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human
Resources and Administration for all services provided at rates
which will recover actual costs but not to exceed $86,481,000
for the Office of Resolution Management, Diversity and
Inclusion, $6,812,000 for the Office of Employment
Discrimination Complaint Adjudication, and $4,576,000 for the
Alternative Dispute Resolution function within the Office of
Human Resources and Administration: Provided, That payments may
be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall
be credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical Services''
are available--
(1) for furnishing recreational facilities, supplies,
and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian Tribes and Tribal organizations which are
party to the Alaska Native Health Compact with the Indian
Health Service, to provide healthcare, including behavioral
health and dental care, to veterans in rural Alaska. The
Secretary shall require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a report on the financial status of the Department of Veterans
Affairs for the preceding quarter: Provided, That, at a
minimum, the report shall include the direction contained in
the paragraph entitled ``Quarterly reporting'', under the
heading ``General Administration'' in the joint explanatory
statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2023 may be
transferred to or from the ``Information Technology Systems''
account: Provided, That such transfers may not result in a more
than 10 percent aggregate increase in the total amount made
available by this Act for the ``Information Technology
Systems'' account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $330,140,000, plus
reimbursements, may be transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be transferred
from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division J of Public Law 117-
103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023, for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', up to
$314,825,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That additional
funds may be transferred from accounts designated in this
section to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500) shall also be available: (1) for transfer to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2571); and (2) for
operations of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a minimum
of $15,000,000 shall be transferred to the DOD-VA Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of
title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title
38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations unless the Secretary of Veterans
Affairs receives approval from the Committees on Appropriations
of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office:
Provided, That, at a minimum, the report shall include the
direction contained in the section entitled ``Disability claims
backlog'', under the heading ``General Operating Expenses,
Veterans Benefits Administration'' in the joint explanatory
statement accompanying Public Law 114-223: Provided further,
That the report shall also include information on the number of
appeals pending at the Veterans Benefits Administration as well
as the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational changes
which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs of
the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2023 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal year
2023, that were provided in advance by appropriations Acts:
Provided, That transfers shall be made only with the approval
of the Office of Management and Budget: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such authority to transfer may not be
used unless for higher priority items, based on emergent
healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred
from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available
for the same purposes as originally appropriated: Provided
further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be transferred
between such accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American
Association of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at the
Department of Veterans Affairs with respect to such a position
relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given
such term in section 2101(1) of title 5, United States
Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential
memorandum, or other action by the President;
and
(ii) any agency policy, order, or other
directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the 5-year period beginning on January 1,
2016, based on an analysis of national suicide data and data
collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive
follow up services from the hotline or mental health
services from the Department of Veterans Affairs
thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds made
available to the Secretary of Veterans Affairs by this or any
other Act may be obligated or expended in contravention of the
``Veterans Health Administration Clinical Preventive Services
Guidance Statement on the Veterans Health Administration's
Screening for Breast Cancer Guidance'' published on May 10,
2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the
spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning
given such term in section 101 of title 38, United
States Code.
(2) The term ``covered veteran'' means a veteran, as
such term is defined in section 101 of title 38, United
States Code, who has a service-connected disability
that results in the inability of the veteran to
procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology''
means benefits relating to reproductive assistance
provided to a member of the Armed Forces who incurs a
serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code,
as 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 policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part
III(G) and in part IV(H) of such memorandum
shall not apply; and
(B) such term includes embryo
cryopreservation and storage without limitation
on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means
reimbursement for the adoption-related expenses for an
adoption that is finalized after the date of the
enactment of this Act under the same terms as apply
under the adoption reimbursement program of the
Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
Tribes as defined in section 5304(e) of title 25, United States
Code, or one or more Native Hawaiian Organizations as defined
in section 637(a)(15) of title 15, United States Code.
Sec. 237. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23,
2023.
(2) For all individuals not described in paragraph
(1), not later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an individual in an
information system of the Department of Veterans Affairs if and
only if the use of such number is required to obtain
information the Secretary requires from an information system
that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede
section 238 of division F of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024 for ``Medical
Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund to
any other account within the Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2023 and fiscal year
2024 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of
Congress or their staff on any topic not otherwise prohibited
from disclosure by Federal law or required by Executive order
to be kept secret in the interest of national defense or the
conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 258 of
division A of Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or to
prevent or impede the access of the Inspector General to such
records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to such
Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives
within 5 calendar days of any failure by any department or
agency covered by this section to comply with this requirement.
Sec. 244. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of
Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2023 to convert any program which
received specific purpose funds in fiscal year 2022 to a
general purpose funded program unless the Secretary of Veterans
Affairs submits written notification of any such proposal to
the Committees on Appropriations of both Houses of Congress at
least 30 days prior to any such action and an approval is
issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 248 of
division A of Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research
commencing on or after October 1, 2019, that uses any canine,
feline, or non-human primate unless the Secretary of Veterans
Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the
conduct of research commencing on or after October 1, 2019,
using canines, felines, or non-human primates if the Secretary
determines that--
(A) the scientific objectives of the research can
only be met by using such canines, felines, or non-
human primates;
(B) such scientific objectives are directly related
to an illness or injury that is combat-related; and
(C) the research is consistent with the revised
Department of Veterans Affairs canine research policy
document dated December 15, 2017, including any
subsequent revisions to such document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives a
report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the
research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such
research could only be met using canines, felines, or
non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity,
safety, and efficacy of the research.
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human
primates as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human
primates;
(3) the justification for using canines, felines, or
non-human primates to conduct such research; and
(4) the protocols in place to ensure the necessity,
safety, and efficacy of such research.
(e) The Department shall implement a plan under which the
Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5
years after the date of enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment
equivalents within any program of rehabilitation conducted
under chapter 31 of title 38, United States Code, does not
exceed 125 veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for
each such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff
ratio for each such program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any
other Act for fiscal years 2023 and 2024 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans Access,
Choice, and Accountability Act, as amended (38 U.S.C. 1701
note).
Sec. 250. Obligations and expenditures applicable to the
``Medical Services'' account in fiscal years 2017 through 2019
for aid to state homes (as authorized by section 1741 of title
38, United States Code) shall remain in the ``Medical Community
Care'' account for such fiscal years.
Sec. 251. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2023, in this or any other
Act, under the ``Veterans Health Administration--Medical
Services'', ``Veterans Health Administration--Medical Community
Care'', ``Veterans Health Administration--Medical Support and
Compliance'', and ``Veterans Health Administration--Medical
Facilities'' accounts, $840,446,000 shall be made available for
gender-specific care and programmatic efforts to deliver care
for women veterans.
Sec. 252. Of the unobligated balances available in fiscal
year 2023 in the ``Recurring Expenses Transformational Fund''
established in section 243 of division J of Public Law 114-113,
and in addition to any funds otherwise made available for such
purposes in this, prior, or subsequent fiscal years, the
following amounts shall be available for the following purposes
during the period of availability of the Fund:
(1) $804,510,000, for constructing, altering,
extending, and improving medical facilities of the
Veterans Health Administration, including all
supporting activities and required contingencies;
(2) $88,490,000, for facilities improvements at
existing medical facilities of the Veterans Health
Administration; and
(3) $75,000,000, for the deployment, upgrade, or
installation of infrastructure or equipment to support
goals established in Executive Order 14057:
Provided, That prior to obligation of any of the funds provided
in this subsection, the Secretary of Veterans Affairs must
provide a plan for the execution of the funds appropriated in
this subsection to the Committees on Appropriations of both
Houses of Congress and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed: Provided
further, That funds may be reprogrammed among the three
purposes subject to the Secretary of Veterans Affairs providing
a request with the amount and purpose of the reprogramming to
the Committees on Appropriations of both Houses of Congress and
such Committees issuing an approval, or absent a response, a
period of 30 days has elapsed.
Sec. 253. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report on the status of the ``Veterans Medical Care
and Health Fund'', established to execute section 8002 of the
American Rescue Plan Act of 2021 (Public Law 117-2): Provided,
That, at a minimum, the report shall include an update on
obligations by program, project or activity and a plan for
expending the remaining funds: Provided further, That the
Secretary of Veterans Affairs must submit notification of any
plans to reallocate funds from the current apportionment
categories of ``Medical Services'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Medical Community
Care'', or ``Medical and Prosthetic Research'', including the
amount and purpose of each reallocation to the Committees on
Appropriations of both Houses of Congress and such Committees
issue an approval, or absent a response, a period of 30 days
has elapsed.
Sec. 254. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of
title 38, United States Code, between October 1, 2017 and
September 30, 2018 for purposes of carrying out an order placed
with the Department of Veterans Affairs pursuant to section
1535 of title 31, United States Code, that are available for
obligation pursuant to section 7364(b)(1) of title 38, United
States Code, are to remain available for the liquidation of
valid obligations incurred by such corporation during the
period of performance of such order, provided that the
Secretary of Veterans Affairs determines that such amounts need
to remain available for such liquidation.
(rescissions of funds)
Sec. 255. Of the unobligated balances available to the
Department of Veterans Affairs from prior appropriations Acts,
the following funds are hereby rescinded from the following
accounts in the amounts specified:
``Asset and Infrastructure Review'', $5,000,000;
``Departmental Administration--Veterans Electronic
Health Record'', $150,000,000; and
``Departmental Administration--Construction, Major
Projects'', $76,000,000:
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. 256. None of the funds in this or any other Act may be
used to close Department of Veterans Affairs hospitals,
domiciliaries, or clinics, conduct an environmental assessment,
or to diminish healthcare services at existing Veterans Health
Administration medical facilities as part of a planned
realignment of services until the Secretary provides to the
Committees on Appropriations of both Houses of Congress a
report including an analysis of how any such planned
realignment of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a Department
medical facility and availability of local specialty and
primary care.
(rescission of funds)
Sec. 257. Of the unobligated balances in the ``Recurring
Expenses Transformational Fund'' established in section 243 of
division J of Public Law 114-113, $90,874,000 is hereby
rescinded.
Sec. 258. Unobligated balances available under the headings
``Construction, Major Projects'' and ``Construction, Minor
Projects'' may be obligated by the Secretary of Veterans
Affairs for a facility pursuant to section 2(e)(1) of the
Communities Helping Invest through Property and Improvements
Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C.
8103 note), as amended, to provide additional funds or to fund
an escalation clause under such section of such Act: Provided,
That before such unobligated balances are obligated pursuant to
this section, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to obligate such unobligated balances
and such Committees issue an approval, or absent a response, a
period of 30 days has elapsed: Provided further, That the
request to obligate such unobligated balances must provide
Congress notice that the entity described in section 2(a)(2) of
Public Law 114-294, as amended, has exhausted available cost
containment approaches as set forth in the agreement under
section 2(c) of such Public Law.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $15,000 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $87,500,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $46,900,000:
Provided, That $3,385,000 shall be available for the purpose of
providing financial assistance as described and in accordance
with the process and reporting procedures set forth under this
heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-for-
one basis only, and not to exceed $2,000 for official reception
and representation expenses, $93,400,000, of which not to
exceed $15,000,000 shall remain available until September 30,
2025. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the
``Lease of Department of Defense Real Property for Defense
Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $62,500,000, to remain
available until expended, of which $2,500,000 shall be for
study, planning and design, and architect and engineering
services for Memorial Avenue improvements at Arlington National
Cemetery; and $60,000,000 shall be for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,360,000, to remain available until September 30, 2024, of
which $7,300,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home--Washington, District of Columbia, and
the Armed Forces Retirement Home--Gulfport, Mississippi:
Provided, That of the amounts made available under this heading
from funds available in the Armed Forces Retirement Home Trust
Fund, $25,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to
design, planning, and construction for renovation of the
Sheridan Building at the Armed Forces Retirement Home--
Washington, District of Columbia, $77,000,000, to remain
available until expended, shall be paid from the general fund
of the Treasury to the Armed Forces Retirement Home Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 7727 are appropriated and shall be
available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
Sec. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 403. All departments and agencies funded under this Act
are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 406. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house
any individual detained at United States Naval Station,
Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the 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.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2023''.
[Clerk's note.--Reproduced below is the material relating
to division J 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 S9233 of
Book II.
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DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, 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 117-391
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 where House Report 117-391 or this explanatory
statement directs the submission of a report, that report is to
be submitted to the Committees on Appropriations of the House
of Representatives and the Senate. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House of Representatives Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies and the
Senate Subcommittee on Military Construction, Veterans Affairs,
and Related Agencies.
TITLE I
DEPARTMENT OF DEFENSE
Military Construction Overview
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by
the Congress in acting on the budget request is considered to
be a congressional interest item and as such, prior approval is
required. Accordingly, no reprogrammings to an item
specifically reduced below the threshold by the Congress are
permitted.
Recognizing the increased cost and complexity of military
construction projects since the threshold was previously
adjusted, the Committees support incrementally increasing the
reprogramming threshold to enable the Department to be more
agile and reduce delays associated with cost overruns. The
modified reprogramming criteria that apply to military
construction projects, as well as new housing construction
projects and improvements, is $6,000,000 or 25 percent of the
funded amount, whichever is less. To provide the Services the
flexibility to proceed with construction contracts without
disruption or delay, the costs associated with environmental
hazard remediation such as asbestos removal, radon abatement,
lead-based paint removal or abatement, and any other legislated
environmental hazard remediation may be excluded, provided that
such remediation requirements could not be reasonably
anticipated at the time of the budget submission. This
exclusion applies to projects authorized in this budget year,
as well as projects authorized in prior years for which
construction has not been completed.
Furthermore, in instances where prior approval of a
reprogramming request for a project or account has been
received from the Committees, the adjusted amount approved
becomes the new base for any future increase or decrease via
below-threshold reprogrammings (provided that the project or
account is not a congressional interest item as defined above).
In addition to these guidelines, the Services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in Department of
Defense (DOD) Financial Management Regulation 7000.14-R and
relevant updates and policy memoranda.
Military Construction Funding.--The agreement includes
$19,000,000,000, which is $6,846,035,000 above the budget
request, in a continued effort to support current and future
force readiness through critical infrastructure investments.
This level funds most authorized unfunded requirements and
addresses other priorities that have been historically
neglected in budget requests, such as resiliency and quality of
life projects. While Congress continues to provide funding
above the budget request for military construction, the
Committees encourage the Department to adequately resource
these accounts.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM conducted
in the past two years. Likewise, future requirements for
unaccompanied housing at the corresponding installation should
be included. Additionally, the forms should include English
equivalent measurements for projects presented in metric
measurement. Rules for funding repairs of facilities under the
Operation and Maintenance accounts are described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current standards or
codes;
(2) interior arrangements and restorations may be included
as repair;
(3) additions and new facilities may be done concurrently
with repair projects, as long as the final conjunctively funded
project is a complete and usable facility; and
(4) the appropriate Service Secretary shall notify the
appropriate committees 21 days prior to carrying out any repair
project with an estimated cost in excess of $7,500,000.
Military Installation Resilience (MIR).--Since fiscal year
2020, the Committees have provided dedicated planning and
design and unspecified minor construction funding to support
installation resilience. The primary intent of this funding has
been to develop projects that mitigate climate change risks to
military installations. The Committees believe that such
investments are critical to installation readiness and the
agreement provides $90,000,000 for planning and design and
unspecified minor construction in Section 129 to continue to
develop projects, conduct studies and analyses, and update
Unified Facility Criteria that will directly enhance military
installation resilience. While prior year funding has been
allocated towards these efforts to an extent, the Committees
are concerned that the services have not adequately prepared
for or prioritized the development of MIR projects and their
integration into installation master planning, even at
installations where climate impacts are already observed.
Therefore, the Committees direct the Secretary of Defense and
the Secretary of each Military Department to provide a report
to the Committees no later than 90 days after enactment of this
Act on efforts to address military installation resilience
requirements. The report shall include the following: (1) an
explanation of what DOD and the Military Departments are doing
to develop the capacity and expertise to scope and design
climate resilience projects for installations; (2) what
direction DOD and the Military Departments have given to
installations to incorporate military installation resilience
projects into relevant master planning processes; (3) details
on how DOD and theMilitary Departments are prioritizing MIR
projects, including how projects support other installation resilience
efforts, such as the DOD Readiness and Environmental Protection
Integration program; (4) how DOD and the Military Departments are
incorporating non-traditional engineering methods to mitigate climate
risks to installations, such as engineering with natural or nature-
based features; and (5) any other identified barriers to planning and
designing MIR projects.
Child Development Centers (CDCs).--The agreement includes
$293,250,000 for construction of new child development center
projects and planning and design for future projects. This
investment of resources is necessary to address both
insufficient access to childcare facilities, as well as the
poor conditions of existing facilities. Such shortfalls in
capacity are an unacceptable burden to military families. The
Department is directed to assign greater priority to CDC
construction projects in future budget requests.
United States Indo-Pacific Command (INDOPACOM).--The
INDOPACOM area of responsibility is the largest combatant
command and requires a modern, resilient military presence to
ensure the continued strength of U.S. national security.
However, the Committees are concerned that the Services have
not properly prioritized projects within INDOPACOM in recent
fiscal years, instead choosing to fund projects that are
specifically beneficial to the Service and not necessarily the
joint theater mission. The agreement provides an additional
$50,000,000 for INDOPACOM planning and design and unspecified
minor construction to advance critical projects.
Unfunded Priority Lists (UPL) and Future Years Defense
Program (FYDP).--The Committees direct the Department of
Defense and all Services, active and reserve components, as
well as combatant commanders, as required by law, to submit
updated UPL and FYDP lists to the congressional defense
committees for military construction projects no later than 10
days after the transmission of the annual President's Budget.
Combatant commanders are expected to include all unfunded
priorities in their respective UPL, to include planning and
design, unspecified minor construction, and major construction
projects--regardless of which Service is the project executive
agent.
Project Cost Increases.--The agreement provides
$2,449,069,000 in fiscal year 2023 to supplement discrepancies
between outdated cost estimates and current cost estimates. The
Committees are concerned that the Department is not being
proactive in determining future cost increases when developing
and submitting project cost estimates to Congress in the yearly
President's budget request, FYDP, and UPLs. Therefore, the
agreement directs the Department to implement practices to
better address future cost increases, and in lieu of the
direction to provide monthly cost adjustments in House Report
117-391, the agreement directs the Secretary of Defense, in
consultation with the Services, and the U.S. Army Corps of
Engineers and Naval Facilities Engineering Command to provide a
report within 90 days of enactment on specific and repeatable
steps taken to improve cost-estimating.
Integration of Innovative Construction Materials.--The
Committees are aware of new and innovative building materials
that are becoming more prevalent within the construction
industry. The Committees are concerned that DOD continues to
rely on traditional building materials, using standardized
designs across the Department based on those same traditional
materials and that the Unified Facilities Criteria (UFC) and
Unified Facilities Guide Specifications (UFGS) are not up to
date with innovative and sustainable assets. Therefore, the
agreement directs the Assistant Secretary of Defense for
Energy, Installations, and Environment to provide a report to
the Committees within 180 days of enactment of this Act on its
efforts to incorporate sustainable products into the UFC and
UFGS, integrate sustainable building materials into its
designs, and any resources needed to accomplish these efforts.
Laboratory Infrastructure.--The Committees continue to
recognize the importance of DOD laboratory infrastructure and
that investment is needed to modernize outdated science and
technology laboratories and test and evaluation facilities,
particularly where needed to address safety and environmental
concerns on installations. Therefore, the agreement provides
$120,000,000 for planning and design, unspecified minor
construction and authorized major construction projects to
address unfunded laboratory requirements, as appropriated in
Section 128.
Open Air Burn Pans.--No later than 180 days after enactment
of this Act, the Department is directed to submit a report to
the Committees detailing a plan to eliminate burning of
hazardous materials, including open air burn pans, at
installations located in the United States. Such a plan should
detail at what installations each Service is still utilizing
open-air burning, including burn pans, and how the Department
will transition away from the use of open-air burn pans.
Military Construction, Army
The agreement provides $1,553,825,000 for ``Military
Construction, Army'', which is $708,260,000 above the budget
request. Within this amount, the agreement includes
$275,651,000 for study, planning, design, architecture, and
engineering services, and host nation support. Within the total
for Military Construction, Army, $658,260,000 is for the
following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AK Fort Wainwright................. Physical Fitness Center Annex... $99,000,000
AR Pine Bluff Arsenal.............. Access Control Point: Planning 1,800,000
and Design.
AR Pine Bluff Arsenal.............. Sewage and Sanitation 1,000,000
Modernization: Unspecified
Minor Construction.
GA Fort Gordon..................... Child Development Center 21,000,000
Addition.
GA Fort Gordon..................... Child Development Center: 5,000,000
Planning and Design.
HI Fort Shafter.................... Water System Upgrade............ 33,000,000
HI Tripler Army Medical Center..... Water System Upgrade............ 38,000,000
HI Schofield Barracks.............. Company Operations Facilities... 111,000,000
HI Schofield Barracks.............. Firehouse Station Facility: 9,000,000
Unspecified Minor Construction.
KS Fort Riley (Custer Hill)........ Unaccompanied Enlisted Barracks: 15,930,000
Planning and Design.
LA Fort Polk....................... Joint Operations Center: Cost to 61,000,000
Complete..
LA Fort Polk....................... Child Development Center: Cost 9,000,000
to Complete.
LA Fort Polk....................... Information System Facility: 35,360,000
Cost to Complete.
MD Aberdeen Proving Ground......... Test Maintenance Fabrication 7,600,000
Facility: Planning and Design.
MS Engineer Research and General Purpose Lab and Test 20,000,000
Development Center. Building.
MO Fort Leonard Wood............... Central Issue Facility: Planning 5,300,000
and Design.
NC Fort Bragg...................... Child Development Center: 3,600,000
Planning and Design.
NC Fort Bragg...................... Automated Infantry Platoon 1,350,000
Battle Course: Planning and
Design.
NC Fort Bragg...................... Automated Record Fire Range: 2,000,000
Planning and Design.
NC Fort Bragg...................... Multipurpose Machine Gun (MPMG 1,600,000
2): Planning and Design.
NM White Sands Missile Range....... Las Cruces Substation: 6,400,000
Unspecified Minor Construction.
NM White Sands Missile Range....... Missile Assembly Building: 3,600,000
Planning and Design.
NM White Sands Missile Range....... One Company Satellite Fire 6,400,000
Station: Unspecified Minor
Construction.
NY Fort Drum....................... Automated Record Fire Plus 3,600,000
(ARF+) Range: Planning and
Design.
NY Fort Drum....................... Access Control Point: 6,800,000
Unspecified Minor Construction.
NY Fort Drum....................... Physical Fitness Testing 3,060,000
Facility: Planning and Design.
OK Fort Sill....................... Advance Individual Training 85,800,000
Complex Phase 2.
OK McAlester AAP................... Ammunition Demolition Shop...... 39,000,000
TX Fort Hood....................... Infantry Squad Battle Course: 600,000
Planning and Design.
TX Fort Hood....................... Automated Infantry Platoon 1,220,000
Battle Course: Planning and
Design.
TX Fort Hood....................... Automated Machine Gun Range: 1,240,000
Planning and Design.
TX Fort Hood....................... Barracks: Cost to Complete...... 19,000,000
----------------------------------------------------------------------------------------------------------------
Pacific Firefighting Support.--The Committees remain
concerned about the conditions of firefighting facilities from
which Federal firefighters, Army Forestry Technicians, Army
Wildland Firefighters, and Emergency Service Technicians work
to support military installations in the State of Hawaii,
including Pohakuloa Training Area, and encourage the Army to
adequately resource necessary upgrades to these facilities.
Military Construction, Navy and Marine Corps
The agreement provides $4,345,320,000 for ``Military
Construction, Navy and Marine Corps'', which is $592,929,000
above the budget request. Within this amount, the agreement
includes $515,473,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Navy and Marine Corps, $492,929,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AZ MCAS Yuma....................... Water Treatment Plant: Planning $5,000,000
and Design.
CA Camp Pendleton.................. Child Development Center........ 32,100,000
CA MCRD San Diego.................. Recruit Barracks................ 82,230,000
FL MCSF Blount Island.............. Communications Infrastructure 5,949,000
Modernization: Planning and
Design.
GA Marine Corps Logistics Base Consolidated Communication 6,400,000
Albany. Facility: Planning and Design.
HI JB Pearl Harbor-Hickam.......... Missile Magazines............... 103,350,000
HI JB Pearl Harbor-Hickam.......... Waterfront Production Facility: 20,000,000
Planning and Design.
HI MCB Hawaii...................... Bachelor Enlisted Quarters...... 87,900,000
ME Portsmouth Naval Shipyard....... Child Development Center: 2,500,000
Planning and Design.
SC MCRD Parris Island.............. Recruit Barracks................ 37,600,000
SC MCRD Parris Island.............. Recruit Barracks................ 38,300,000
VA Naval Air Station Oceana........ Child Development Center: 1,200,000
Planning and Design.
VA Norfolk Naval Shipyard.......... Child Development Center: 2,300,000
Planning and Design.
WA NAS Whidbey Island.............. Aircraft Airfield Pavement 68,100,000
Improvements.
----------------------------------------------------------------------------------------------------------------
Shipyard Infrastructure Optimization Plan (SIOP).--The
Committees support SIOP and believe the restoration of deferred
maintenance availabilities, along with the public shipyard dry
dock investments, recommended by the plan are critical. The
Committees urge the Secretary of the Navy to prioritize the
timely funding of public shipyard infrastructure, and in
particular, the dry dock and shore infrastructure necessary to
support critical maintenance of surface and submarine fleets by
public shipyards. Of note, after several years of delays and
cancellations associated with the Waterfront Production
Facility at Pearl Harbor Naval Shipyard, the Committees urge
the Navy to synchronize the construction schedule for the new
facility with that of the Dry Dock 3 replacement. Additionally,
the Committees expect clear communication from the Navy to the
Committees regarding additional flexibilities or authorizations
necessary to successfully coordinate with tribal governments
for expeditious completion of SIOP. The Committees remain
concerned that without additional authorities from Congress,
the Navy risks delaying critical dry dock construction projects
and harming its valuable relationships with tribal governments.
Recognizing the importance of SIOP and the need to adequately
resource the development of future projects, in addition to
fully funding the budget request of $1,260,185,000, the
agreement further provides $50,000,000 above the request for
planning and design.
Navy Water Purification and Fuel Distribution
Infrastructure.--The agreement includes an additional
$25,000,000 for the Navy for planning and design in order to
advance future water treatment and bulk fuel distribution
infrastructure. The Department is directed to submit a spend
plan for these additional funds to the Committees no later than
60 days after enactment of this Act.
Military Construction, Air Force
The agreement provides $2,614,996,000 for ``Military
Construction, Air Force'', which is $559,540,000 above the
budget request. Within this amount, the agreement includes
$251,634,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Air Force, $509,540,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AK JB Elmendorf-Richardson......... Contaminated Soil Removal: Cost $5,200,000
to Complete.
AL Maxwell AFB..................... Commercial Vehicle Inspection 15,000,000
Gate.
AZ Luke AFB........................ Child Development Center: 2,700,000
Planning and Design.
CO U.S. Air Force Academy.......... Cemetery Expansion: Unspecified 3,400,000
Minor Construction.
FL Eglin AFB....................... F-35A ADAL Developmental Test: 2,500,000
Planning and Design.
FL Eglin AFB....................... F-35A Developmental Test 2-Bay 3,700,000
Test Hangar: Planning and
Design.
FL Eglin AFB....................... F-35A Developmental Test 2-Bay 4,100,000
MXS Hangar: Planning and Design.
FL Patrick SFB..................... Patrick SFB Consolidated 97,000,000
Communications Facility.
GA Moody AFB....................... 23d Security Forces Squadron 1,100,000
Operations Facility: Planning
and Design.
GA Moody AFB....................... Rescue Squadron Guardian Angel 5,770,000
Operations Facility: Planning
and Design.
NC Seymour Johnson AFB............. Combat Arms and Maintenance 3,300,000
Complex: Planning and Design.
NC Seymour Johnson AFB............. KC-46 Alert Facility: Planning 530,000
and Design.
NM Cannon AFB...................... Add/Alter B575 for Security 4,000,000
Forces: Unspecified Minor
Construction.
NM Cannon AFB...................... SOF Construct Munitions Storage 8,000,000
Area: Planning and Design.
NM Holloman AFB.................... F-16 Formal Training Unit 4,140,000
Airfield Requirements: Planning
and Design.
NM Holloman AFB.................... Holloman High-Speed Test Track: 5,000,000
Planning and Design.
NM Kirtland AFB.................... 58 SOW/PJ/CRO Pipeline Dorm (432 11,160,000
RM): Planning and Design.
NM Kirtland AFB.................... ADAL Systems & Digital 2,000,000
Engineering Lab: Planning and
Design.
NM Kirtland AFB.................... Apparatus Bay for Fire Station 4,200,000
5: Unspecified Minor
Construction.
NM Kirtland AFB.................... Explosives Operations Building: 540,000
Planning and Design.
NM Kirtland AFB.................... Small Arms Storage Facility: 2,800,000
Unspecified Minor Construction.
NM Kirtland AFB.................... Joint Navigational Warfare 4,700,000
Center: Planning and Design.
NM Melrose Air Force Range......... Fire Department: Unspecified 5,600,000
Minor Construction.
NV Nellis AFB...................... Dormitory: Planning and Design.. 7,200,000
NY Air Force Research Laboratory-- Construct HF Antennas, Newport, 4,200,000
Hanscom Air Force Base Newport and Stockbridge Test Annexes:
Test Annex. Unspecified Minor Construction.
OH Wright-Patterson AFB............ Child Development Center........ 29,000,000
OH Wright-Patterson AFB............ Human Performance Wing 4,000,000
Laboratory: Planning and Design.
OK Tinker AFB...................... E-7 Operations Center: Planning 15,000,000
and Design.
OK Tinker AFB...................... KC-46A 1-Bay Depot Corrosion 114,000,000
Control Hangar.
OK Tinker AFB...................... KC-46A 2-Bay Program Depot 90,000,000
Maintenance Hangar.
TX JBSA Lackland AFB............... Basic Military Training Recruit 5,400,000
Dormitory 8: Cost to Complete.
TX JBSA Randolph AFB............... Child Development Center........ 29,000,000
WA Fairchild AFB................... ADAL KC-135 Flight Simulator.... 7,300,000
WA Fairchild AFB................... Consolidate TFI Base Operations: 8,000,000
Cost to Complete.
----------------------------------------------------------------------------------------------------------------
Joint Intelligence Analysis Complex.--Understanding the
critical importance of the Joint Intelligence Analysis Complex
(JIAC) to the regional intelligence architecture of the United
States and its partners, the Committees provide $421,000,000
above the budget request for the construction of the complex,
despite the late-in-cycle identification of the significant
funding requirement as part of the Air Force's unfunded
priorities list. The Committees are disappointed in the lack of
prioritization the Air Force and Office of the Secretary of
Defense have shown towards this project, despite its
significant importance to national security and our allies in
Europe and Africa. The Committees direct the Air Force, in
coordination with the Office of the Secretary of Defense, to
provide quarterly updates on the status of the obligation of
funds for the construction of the JIAC. Further, the Committees
direct the Office of the Secretary of Defense to provide a
report to the Committees within 90 days of enactment of this
Act, and a briefing to the Committees, on why the Services
consistently fail to prioritize joint combatant command
projects, and how these problems can be remedied.
Global Strike Command Security Gates.--The Committees
remain concerned about deficient security gates at Air Force
Global Strike Command installations, particularly as the Air
Force plans to make significant investments in strategic
weapons systems and weapons generation facilities at these
bases. The Committees urge the Air Force to plan and program
sufficient funding to address security gate deficiencies at
these installations in its future years defense program.
Military Construction, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,626,078,000 for ``Military
Construction, Defense-Wide'', which is $209,680,000 above the
budget request. Within this amount, the agreement includes
$506,927,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Defense-Wide, $109,680,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
DE Dover AFB....................... Armed Services Whole Blood $350,000
Processing Laboratory-East
Replacement: Planning and
Design.
FL MacDill AFB..................... SOF Joint MISO Web-Operations 8,730,000
Facility: Planning and Design.
FL MacDill AFB..................... SOF Operations Integration 50,000,000
Facility.
MO Fort Leonard Wood............... Hospital Replacement Inc. 5..... 31,300,000
NC Fort Bragg...................... Albritton Middle School 7,000,000
Addition: Planning and Design.
NC Camp Lejeune.................... Lejeune Schools Modernization: 6,600,000
Planning and Design.
SC MCRD Parris Island.............. Ambulatory Care Clinic 4,800,000
Replacement (Dental): Planning
and Design.
SC MCAS Beaufort................... Fuel Pier Replacement: Planning 900,000
and Design.
----------------------------------------------------------------------------------------------------------------
Energy Resilience and Conservation Investment Program
(ERCIP).--The agreement supports DOD's investments in energy
efficiency, resilience, renewable energy systems, and energy
security, and as such provides a total of $653,250,000 for
ERCIP, an increase of $100,000,000 above the request. The
additional funds in section 131 will allow ERCIP to address
cost increases from projects funded in the fiscal year 2022
enacted Act and fiscal year 2023 Act.
United States Southern Command (SOUTHCOM).--The Committees
recognize that some facilities in SOUTHCOM, particularly at
Naval Air Station Key West, which houses Joint Interagency Task
Force-South (JIATF-S), are no longer in adequate condition due
to aging, corrosive local climate, natural disasters, and lack
of prioritization by the Services. The Committees also
recognize that the installation is critical to SOUTHCOM's
mission but requires some improvements, including increasing
resilience and ensuring modernization. Therefore, the agreement
directs the Department to submit a report no later than 120
days after enactment of this Act detailing the condition of all
facilities at Naval Air Station Key West, the status of the new
Command and Control Facility, as well as the Department's plan
to update or replace facilities in poor condition across
SOUTHCOM.
Stormwater Management Projects.--The Committees recognize
that resilient built and natural infrastructure on and around
military bases are essential in maintaining military readiness.
The Committees also recognize the increasing variability of the
frequency and intensity of precipitation globally and the need
to mitigate flooding and runoff. The agreement supports the
implementation of stormwater best management practices, but
recognizes there is currently no dedicated, authorized DOD
entity that prioritizes stormwater management projects on and
off military installations. Therefore, the agreement directs
the Department to conduct a feasibility study and submit a
report no later than 180 days after enactment of this Act
assessing the potential creation of a program that prioritizes
stormwater management projects in order to enhance resilience
and improve water quality in stormwater-stressed ecosystems,
where the Department has restoration partnership obligations,
and where land subsidence and the expansion of non-permeable
surfaces exacerbate flooding on and around military bases.
Military Construction, Army National Guard
The agreement provides $459,018,000 for ``Military
Construction, Army National Guard'', which is $161,740,000
above the budget request. Within this amount, the agreement
includes $83,435,000 for study, planning, design, architecture,
and engineering services. Within the total for Military
Construction, Army National Guard, $151,540,000 is for the
following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AK JB Elmendorf-Richardson......... Aircraft Maintenance Hangar..... $63,000,000
AR Camp Robinson................... Automated Multipurpose Machine 9,500,000
Gun Range.
FL Camp Blanding................... Automated Multipurpose Machine 1,080,000
Gun Range: Planning and Design.
FL Camp Blanding................... Scout Recce Gunnery Complex: 2,300,000
Planning and Design.
GA Fort Gordon..................... National Guard/Reserve Center 2,100,000
Building: Planning and Design.
IL Chicago......................... National Guard Readiness Center 3,500,000
Alteration: Planning and Design.
ME Saco............................ Southern Maine Readiness Center: 3,000,000
Planning and Design.
ME Woodville Training Center....... Range Complex: Planning and 1,400,000
Design.
MN Camp Ripley..................... Dining Facility, Collective 3,000,000
Training: Unspecified Minor
Construction.
MO Aviation Classification Repair AVCRAD Aircraft Maintenance 5,600,000
Activity Depot. Hangar Addition Phase IV:
Planning and Design.
NC Morrisville..................... Army Aviation Flight Facility 4,500,000
#1: Planning and Design.
NH Berlin.......................... Hangar and Aviation Operations 5,200,000
Building: Unspecified Minor
Construction.
NH Concord......................... National Guard Wellness Center: 2,000,000
Planning and Design.
NJ Lawrenceville................... Administration Building/General 5,950,000
Purpose: Unspecified Minor
Construction.
NM Rio Rancho...................... Vehicle Maintenance Shop: 600,000
Planning and Design.
NY Lexington Armory................ National Guard Readiness Center 3,580,000
Addition/Alteration: Planning
and Design.
OR Camp Umatilla................... Transient Training Officers 6,000,000
Housing: Unspecified Minor
Construction.
PA Fort Indiantown Gap............. Eastern ARNG Aviation Training 2,700,000
Site (EAATS) Post-Initial
Military Training Unaccompanied
Housing: Planning and Design.
PA New Castle...................... National Guard Readiness Center: 2,360,000
Planning and Design.
VT Ethan Allen AFB................. Civil Support Team Facility: 1,300,000
Planning and Design.
VT Ethan Allen AFB................. Gold Star Pavilion: Unspecified 900,000
Minor Construction.
VT Ethan Allen AFB................. Micro-Grid System: Planning and 1,170,000
Design.
VT Ethan Allen Firing Range........ Cantonment Area for Training: 3,500,000
Planning and Design.
VT Ethan Allen Firing Range........ Castle Trail Bypass (All Season 500,000
Road): Planning and Design.
WV Kenova.......................... Armed Forces Readiness Center 4,300,000
ADD/ALT: Unspecified Minor
Construction.
WV Martinsburg..................... National Guard Readiness Center: 1,500,000
Planning and Design.
WV Wheeling........................ AASF#2 Hangar ADD/ALT: 6,000,000
Unspecified Minor Construction.
WV Williamstown.................... AASF#1 Hangar ADD/ALT: 5,000,000
Unspecified Minor Construction.
----------------------------------------------------------------------------------------------------------------
National Guard Biathlon Programs.--The Committees continue
to support the National Guard's role in administering the U.S.
military's biathlon program and the agreement includes
$8,000,000 above the President's budget request in unspecified
minor construction for the update of biathlon facilities that
enable engagement and training. The Director of the Army
National Guard is directed to provide a spend plan for the use
of these funds within 60 days of enactment of this Act.
Readiness Centers.--The Committees note that many Army
National Guard units utilize outdated and substandard
facilities which can negatively impact the unit's ability to
meet readiness, recruiting and retention, and training
objectives. Facilities with physical shortfalls of greater than
50 percent of authorized space, such as those in Jamestown,
North Dakota, are particularly concerning. The Committees
encourage the Army National Guard to allocate sufficient
funding to address such facilities in future budget requests.
Lodging Facilities.--The Committees are aware of lodging
shortfalls near Army National Guard training centers and
encourage the Army National Guard to allocate appropriate
funding towards lodging requirements in future budget requests,
particularly for installations with new training and readiness
requirements.
Military Construction, Air National Guard
The agreement provides $279,353,000 for ``Military
Construction, Air National Guard'', which is $130,470,000 above
the budget request. Within this amount, the agreement includes
$56,982,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Air National Guard, $112,970,000 is for the
following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AL Montgomery Regional Airport Base F-35 Weapons Load Crew Training $6,800,000
Facility.
AZ Morris Air National Guard Base.. Base Entry Complex.............. 12,000,000
FL Jacksonville Air National Guard F-35 Munitions Maintenance & 530,000
Base. Inspection Facility: Planning
and Design.
FL Jacksonville Air National Guard F-35 Construct Munitions Storage 770,000
Base. Area Admin & Pad: Planning and
Design.
IL Scott AFB....................... Maintenance Hangar & Shops: 2,500,000
Planning and Design.
MO Jefferson Barracks ANGB......... Combat Arms Training and 730,000
Maintenance Facility: Planning
and Design.
MO Jefferson Barracks ANGB......... ADAL Security Forces Facility: 4,500,000
Unspecified Minor Construction.
MO Rosecrans ANGB.................. Maintenance Hangar: Planning and 3,400,000
Design.
MO Rosecrans ANGB.................. Parking Apron: Planning and 2,000,000
Design.
NH Newington....................... Small Arms Range: Unspecified 2,000,000
Minor Construction.
NJ Atlantic City International ADAL MAIN HANGAR: Planning and 3,000,000
Airport. Design.
NJ Atlantic City International Main Gate Complex: Unspecified 5,100,000
Airport. Minor Construction.
OH Rickenbacker ANGB............... Small Arms Range................ 8,000,000
OR Kingsley Field ANGB............. B210 Communications Building: 5,000,000
Unspecified Minor Construction.
RI Quonset Point ANGB.............. Consolidated Headquarters 46,000,000
Medical & Dining Facility.
VT Burlington International Airport Cyber Operations Squadron 1,000,000
Building: Planning and Design.
WV McLaughlin ANGB................. C-130J Apron Expansion.......... 7,500,000
WV McLaughlin ANGB................. Construct Indoor Small Arms 640,000
Range: Planning and Design.
WV McLaughlin ANGB................. Squadron Operations Building: 1,500,000
Planning and Design.
----------------------------------------------------------------------------------------------------------------
Military Construction, Army Reserve
The agreement provides $193,878,000 for ``Military
Construction, Army Reserve'', which is $94,000,000 above the
budget request. Within this amount, the agreement includes
$24,829,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Army Reserve, $74,000,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
GA Dobbins ARB..................... Army Reserve Center: Planning $5,000,000
and Design.
WI Fort McCoy...................... Transient Training Enlisted 38,000,000
Barracks.
WI Fort McCoy...................... Transient Training Officer 31,000,000
Barracks.
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy Reserve
The agreement provides $36,837,000 for ``Military
Construction, Navy Reserve'', which is $6,500,000 above the
budget request. Within this amount, the agreement includes
$9,090,000 for study, planning, design, architecture, and
engineering services.
Military Construction, Air Force Reserve
The agreement provides $85,423,000 for ``Military
Construction, Air Force Reserve'', which is $28,800,000 above
the budget request. Within this amount, the agreement includes
$27,573,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Air Force Reserve, $35,800,000 is for the
following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
MS.................................. Keesler AFB................. Aeromedical Evacuation $10,000,000
Training Facility.
NY.................................. Niagara Falls ARS........... Combined Operations and 2,800,000
Alert Facility: Planning
and Design.
OK.................................. Tinker AFB.................. 10th Flight Test Squadron 12,500,000
Operations Facility.
VA.................................. Joint Base Langley-Eustis... Intelligence Group Facility. 10,500,000
----------------------------------------------------------------------------------------------------------------
North Atlantic Treaty Organization Security Investment Program
The agreement provides $220,139,000 for the ``North
Atlantic Treaty Organization Security Investment Program,''
which is $10,000,000 above the budget request, to support U.S.
allies and partners, deter aggression by the Russian
Federation, and promote democratic governance, peace, and
stability in Europe.
Department of Defense Base Closure Account
The agreement provides $574,687,000 for the ``Department of
Defense Base Closure Account'', which is $290,000,000 above the
budget request.
Navy Base Closure and Realignment (BRAC) Remediation.--The
agreement includes an additional $90,000,000 above the budget
request for the Navy to accelerate environmental remediation at
installations closed under previous BRAC rounds and for the
demolition or removal of non-historically designated buildings
and structures under Navy control where the sampling or
remediation of radiologically contaminated materials have been
the subject of substantiated allegations of fraud. Furthermore,
the Navy is directed to provide a spend plan for these
additional funds to the Committees no later than 60 days after
enactment of this Act.
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid
(PFOA).--The Committees continue to be concerned about the
extent of PFOS/PFOA contamination at closed U.S. military
installations and how that contamination is measured.
Therefore, the agreement includes an additional $200,000,000
above the budget request within the Base Closure Account to
increase the pace of cleanup at the military installations
affected by PFOS/PFOA. The Department is directed to submit a
spend plan for these additional funds to the Committees no
later than 60 days after enactment of this Act.
Family Housing
ITEM OF INTEREST
Military Housing Privatization Initiative (MHPI).--The
Committees believe that the MHPI management companies have
woefully neglected responsibilities outlined in their
partnership agreements with the Services. The Committees
continue to receive evidence of poor housing conditions,
inadequate maintenance response times, mishandling of claims,
indifference towards the wellbeing of servicemembers and their
families, and some incidences of illegal incentive fee fraud.
Therefore, the agreement provides an additional $30,000,000 for
increased oversight of DOD's housing portfolio, including
government owned and controlled family housing, and privatized
family housing. Additionally, the agreement directs each
Service to submit a report no later than 120 days after
enactment of this Act detailing: (1) the current condition of
all MHPI housing, including the current backlog of maintenance
requests; (2) a summary of all MHPI tenant complaints; (3) a
performance review of each MHPI management company; and (4) an
update on all known and alleged incidences of incentive fee
fraud. Furthermore, the agreement directs the Services to brief
the Committees and provide a spend plan on how it will use the
additional funding no later than 45 days after enactment of
this Act.
Family Housing Construction, Army
The agreement provides $169,339,000 for ``Family Housing
Construction, Army'', which is the same as the budget request.
Family Housing Operation and Maintenance, Army
The agreement provides $446,411,000 for ``Family Housing
Operation and Maintenance, Army'', which is $10,000,000 above
the budget request.
Family Housing Construction, Navy and Marine Corps
The agreement provides $337,297,000 for ``Family Housing
Construction, Navy and Marine Corps'', which is the same as the
budget request.
Family Housing Operation And Maintenance, Navy and Marine Corps
The agreement provides $378,224,000 for ``Family Housing
Operation and Maintenance, Navy and Marine Corps'', which is
$10,000,000 above the budget request.
Family Housing Construction, Air Force
The agreement provides $232,788,000 for ``Family Housing
Construction, Air Force'', which is the same as the budget
request.
Family Housing Operation and Maintenance, Air Force
The agreement provides $365,222,000 for ``Family Housing
Operation and Maintenance, Air Force'', which is $10,000,000
above the budget request.
Family Housing Operation and Maintenance, Defense-Wide
The agreement provides $50,113,000 for ``Family Housing
Operation and Maintenance, Defense-Wide'', which is the same as
the budget request.
Department of Defense Family Housing Improvement Fund
The agreement provides $6,442,000 for the ``Department of
Defense Family Housing Improvement Fund'', which is the same as
the budget request.
Department of Defense Military Unaccompanied Housing Improvement Fund
The agreement provides $494,000 for the ``Department of
Defense Military Unaccompanied Housing Improvement Fund'',
which is the same as the budget request.
Administrative Provisions
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property taxes
in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering services
for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized during
the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for any
project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
The agreement includes section 119 limiting the amount of
repair and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarter.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 123 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at Arlington
National Cemetery.
The agreement includes section 124 providing additional
construction funds for unfunded requirements.
The agreement includes section 125 directing all amounts
appropriated to ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military Construction,
Air Force'', and ``Military Construction, Defense-Wide''
accounts be immediately available and allotted for the full
scope of authorized projects.
The agreement includes section 126 extending the
eligibility of unobligated funding for fiscal year 2017 and
fiscal year 2018 projects that have not lapsed.
The agreement includes section 127 defining the
congressional defense committees.
The agreement includes section 128 providing funds for
various military construction accounts for DOD labs.
The agreement includes section 129 providing additional
funds for planning and design and unspecified minor
construction in order to improve military installation
resilience.
The agreement includes section 130 providing the Air Force
with funds for natural disasters.
The agreement includes section 131 providing funds
specified to address cost increases identified subsequent to
the fiscal year 2023 budget request for authorized major
construction projects across various accounts.
The agreement includes section 132 providing additional
funds for planning and design and authorized major construction
of child development centers.
The agreement includes section 133 providing the Navy with
planning and design funds for water treatment and distribution
infrastructure.
The agreement includes section 134 providing funds
specified to address cost increases for authorized major
construction projects funded by this Act.
The agreement includes section 135 providing funds for
planning and design for construction at future foreign military
training sites.
The agreement includes section 136 prohibiting the use of
funds in this Act to close or realign Naval Station Guantanamo
Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Items of Interest
Unobligated Balances of Expired Discretionary Funds.--The
Department is directed to submit to the Committees on
Appropriations quarterly reports detailing all unobligated
balances of expired discretionary funds by fiscal year.
Asset and Infrastructure Review.--The agreement provides no
funding for the Asset and Infrastructure Review account given
the Asset and Infrastructure Review Commission was not seated.
As the Department moves forward with the quadrennial market
assessments and Strategic Capital Investment Planning Process,
when recommending future infrastructure changes the Department
is urged to focus on maintaining or improving veterans' access
to medical care nationwide, including in dense urban or rural
areas. In addition, the Department should consider how any
changes could create additional barriers to care (e.g.,
increased travel time).
Foreign Medical Program.--The agreement urges the
Department of Veterans Affairs (VA) to take steps to ensure
that the Foreign Medical Program better meets the needs of
veterans living overseas, particularly in remote and
underserved areas like the Freely Associated States. The
agreement further notes that information technology
improvements, such as facilitating electronic payment of
reimbursements, have great potential to improve the program for
veterans, and urges the Department to prioritize these
projects.
Expenditure Plan for Leases and Enhanced-Use Leases.--The
agreement directs the Department to provide no later than 60
days of enactment of this Act, a detailed expenditure plan for
the funds appropriated in sections 705 and 707 of Public Law
117-168, to enter into enhanced-use leases and major medical
facility leases. The plan should be to the project level,
reflect obligations and expenditures to date, and be updated on
at least an annual basis until the funds are fully expended.
Toxic Exposures
The Committees remain concerned by the long history of
servicemembers being exposed to toxic substances, including
Agent Orange, radiation, per- and polyfluoroalkyl substances
(PFAS), and open burn pits, and continue to urge the Department
to make progress in how it addresses toxic exposures,
particularly with regards to research, improving clinical
efforts, and ensuring veterans are receiving the disability and
compensation benefits that they have earned. The Committees
note the landmark step forward taken with the recently enacted
Sergeant First Class Heath Robinson Honoring our Promise to
Address Comprehensive Toxics (PACT) Act of 2022 (P.L. 117-168),
and encourage VA to ensure it is considering and addressing all
varieties of toxic exposures, including herbicides, that affect
veterans of all eras of service, including Gulf War veterans.
Gender-Specific Impacts of Toxic Exposure.--The Committees
recognize the gender-specific impacts of toxic exposure and
direct the Department to ensure gender-specific research on
women veterans is included in its research efforts and that
sufficient numbers of women veterans are included in research
studies, as well as considering options to incorporate gender-
based differences into the Department's Center of Excellence
work, as directed in House Report 117-391.
PFAS.--The agreement directs VA to continue collaborating
with DOD's PFAS Task Force, academia, and other health
institutions and agencies to monitor research activities,
results, and publications on the health effects from PFAS, in
addition to taking an active role of its own. Furthermore, the
Department is directed to report to the Committees within 120
days after enactment of this Act on the PFAS testing that will
be undertaken at VA, and whether evidence-based information
included in recommendations by the National Academies of
Sciences, Engineering and Medicine will impact VA decisions
related to blood testing for this chemical and establishing a
PFAS registry for certain veterans (e.g., military
firefighters).
Airborne Hazards and Burn Pits Center of Excellence.--To
assist in better understanding the effects of exposure to open
burn pits and airborne hazards on the health of veterans, the
agreement provides $15,000,000 for the Airborne Hazards and
Burn Pits Center of Excellence.
Cancer Detection and Recurrence Monitoring Related to Toxic
Exposure.--The Committees recommend VA work with outside
entities specializing in genetic sequencing technologies and
diagnostic services to better address cancer diagnoses related
to toxic exposures. The Committees also encourage VA to
consider all options to better incorporate available early
detection diagnostics into veterans' care.
Karshi Khanabad Air Base.--The Committees remain concerned
about servicemembers who were exposed to various hazards at
Karshi Khanabad Air Base, Uzbekistan, also known as ``K2'', and
urge the Department to implement the PACT Act's provisions
related to K2 as quickly as possible.
Medical Research on Burn Pit Exposure.--The Department is
urged to partner with DOD to coordinate and share research on
airborne hazards from open-air burn pits and its impact to
servicemembers and veterans. The Departments are encouraged to
enter into a memorandum of understanding for research on
identifying and treating the health outcomes following exposure
of servicemembers to airborne hazards from open-air burn pits,
including utilizing information gathered through the VA's
Airborne Hazards and Open Burn Pit Registry.
Adjusted Rulemaking Process.--The Department is directed to
provide a report to the Committees on Appropriations no later
than 1 year after enactment of this Act on the timeline under
which the Department plans to use the new rulemaking process to
undertake a review of evidence related to toxic exposures of
veterans who served at Ft. McClellan, Alabama.
Million Veterans Program.--The agreement encourages the
Million Veterans Program to support research utilizing
emissions data that was collected and catalogued for the
Department of Defense during Overseas Contingency Operations/
Global War on Terror to help in identifying the potential long-
term health consequences of exposure to burn pit emissions and
environmental pollutants for servicemembers.
Burn Pits Data Tracking and Reporting.--To improve data on
veteran exposure to burn pits and potential health effects, the
Committees reiterate the direction provided in House Report
117-391 on burn pit data tracking and reporting.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $146,778,136,000 for Compensation
and Pensions in advance for fiscal year 2024. Of the amount
provided, not more than $21,423,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38.
Military Sexual Trauma (MST) Disability Claims
Processing.--Within 180 days of enactment of this Act, the
agreement directs the Department to submit a report to the
Committees on corrective actions taken to improve the accuracy
of processing MST-related disability claims, including those
taken to address the VA Office of Inspector General's findings
and recommendations from the VA Office of Inspector General's
Report #20-00041-163. In addition, the report should provide an
update on the implementation of sections 5501 and 5502 of
Public Law 116-315, including what percentage of claims are
being reviewed by specialized teams, any barriers VBA faces in
allowing veteran MST survivors to choose the sex of their
medical examiner, and any proposed changes for ensuring
veterans' choices can be met.
READJUSTMENT BENEFITS
The agreement provides $8,452,500,000 for Readjustment
Benefits in advance for fiscal year 2024.
Veteran Employment Through Technology Education Courses.--
The agreement expects the Department to fully fund the program
consistent with current law, and encourages VA to take steps to
expand the program to address increased demand, by including
adding additional providers, particularly in areas of the
country where the initiative is not currently available, as
well as to help train and employ veterans with disabilities,
including through programs that support blind veterans in high-
technology career fields, such as cybersecurity.
Post-9/11 GI Bill.--The agreement directs the Department to
submit a report to the Committees within 60 days of enactment
of this Act on the potential costs associated with eliminating
the 15-year delimitation date for using Post-9/11 GI Bill
benefits. The report should also include the number of veterans
that lost access to Post-9/11 GI Bill benefits in the past 3
years and projections on the number of veterans that will lose
access in the next 3 years.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $121,126,000 for Veterans Insurance
and Indemnities in advance for fiscal year 2024.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides $282,361,131 to be available for administrative
expenses.
VA Home Loans.--The agreement directs VA to take steps to
complete all outstanding VA home loans, including those outside
the contiguous United States, within 90 days of enactment of
this Act and to maintain policies, funding, and staffing levels
that ensure appraisals are completed within VA's established
timeliness standards.
Veterans Housing Rehabilitation and Modification Pilot
Program.--The agreement encourages VA to coordinate with the
Department of Housing and Urban Development to develop an
outreach plan to increase awareness about this program among
veterans, Veterans Service Organizations, and other eligible
entities.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $7,171 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account, plus
$445,698 to be paid to the appropriation for General Operating
Expenses, Veterans Benefits Administration. The agreement
provides for a direct loan limitation of $942,330.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $1,400,000 for administrative
expenses of the Native American Veteran Housing Loan Program
Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $3,863,000,000 for General Operating
Expenses, Veterans Benefits Administration and, of the amount
provided, up to 10 percent is available for obligation until
September 30, 2024.
Equitable Relief.--As described in House Report 117-391,
the Secretary is directed to continue to grant or extend
equitable relief to eligible veterans initially deemed eligible
in instances of administrative error, and the agreement
requires the report to be submitted to the Committees no later
than April 1, 2023.
Transition Assistance Grant Program.--The agreement funds
the program consistent with the request for the initial
implementation of the transition assistance grant program
established by Section 4304 of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 (P.L. 116-315) and reiterates the direction provided in
House Report 117-391.
Contract Providers for Exams.--The agreement urges VA to
ensure that compensation and pension exams are available at VA
facilities with the capability to conduct them in a safe and
thorough manner.
National Training Curriculum.--The agreement encourages the
Department to improve disability claims processing training
related to post-traumatic stress disorder to help ensure
benefits are being correctly determined.
GI Bill Apprenticeships and On-the-Job-Training.--The
agreement directs VA to take additional actions to promote
awareness and increased utilization of apprenticeships and on-
the-job training (OJT) programs, including continued
coordination and support to State Approving Agencies (SAAs) and
programs that may incentivize increased participation by
employers. The agreement recommends additional support and
resources be provided to SAAs for the purpose of increasing
awareness and utilization of apprenticeships and OJT. The
Department is encouraged to explore options to expand the
program, while ensuring proper oversight of SAA contracts.
Support to County, Tribal and Equivalent Governmental
Veterans Service Officers.--The agreement directs the
Department, no later than 90 days after the date of enactment
of this Act, to submit a report to the Committees on how to
improve its support of county, Tribal and equivalent
governmental Veterans Service Officers. The report shall assess
the feasibility and current technical limitations of providing
governmental Veterans Service Officers enhanced access to
certain Department systems to better serve veterans and any
other recommendations to improve how the Department monitors,
coordinates with, or provides support to Veterans Service
Officers to include but not limited to training or financial
support for local governmental operations.
Evaluation of the Impact of the National Work Queue.--The
agreement directs the Department to provide a report to the
Committees within 90 days of enactment of this Act on the
National Work Queue, to address specifically (1) how it plans
to restore procedures to provide specialized assistance to and
coordination with veterans' accredited representatives; and (2)
how it plans to evaluate VA employees fairly for their own work
product.
Evaluation of VBA Information Technology Systems.--The
agreement directs the Department to provide a report to the
Committees within 90 days of enactment of this Act on how it
plans to receive feedback, including from veterans' accredited
representatives, on potential front-end improvements to VBA
Information Technology systems (e.g., Veterans Benefits
Management System) that may enhance veteran awareness and
coordination for the timeliness and accuracy of claims.
Modernize the Veterans Benefits Management System.--The
agreement directs the Department to complete an assessment of
the Veterans Benefits Management System, and develop a plan to
modernize the system as appropriate. The Department is directed
to submit a report to the Committees no later than 180 days
after enactment of this Act detailing the findings of this
assessment and the Department's plan to update the system.
Ready for Decision Status.--The agreement directs the
Department, no later than 90 days after enactment of this Act,
to provide a report to the Committees on: (1) the number of
claims that reached Ready for Decision (RFD) status by month
since January 2021; (2) the average time in RFD status, broken
down by month and by the regional office responsible for the
determination; (3) any impact that COVID-19 remote work status
had on processing time; and (4) any impact from delays vendors
contracted by the Government Publishing Office experienced in
printing and mailing notification letters to veterans and
claimants in calendar year 2021.
Veterans Health Administration
ITEMS OF INTEREST
Develop Accurate and More Robust Quality Comparisons
between VA and the Community.--The Department is directed to
report to the Committees no later than 90 days after enactment
of this Act on steps it will take to provide more robust and
accurate quality and timeliness comparisons between VA and
Veterans Community Care providers so eligible veterans can make
better informed decisions on where to receive care.
Improved Transparency of, Access to, and Usability of
Data.--The agreement directs the Department, not later than 180
days after enactment of this Act, to complete a review of
publicly available data on the Department's Access to Care
website, and conduct an analysis of the access to and usability
of the data, including: (1) any numeric indicators relating to
timely care, effective care, safety, and veteran-centered care;
(2) patient wait times information; and (3) patient safety,
quality of care, and outcome measures. The Department should
consult with veterans, Veterans Service Organizations, and
caregivers of veterans from geographically diverse areas and
representing different eras of service in the Armed Forces. The
agreement directs the Department to submit to the Committees,
no later than 30 days after completing the review, a report on
the outcome of the review, including any recommendations to
modify the presentation of data.
Cost of Care for National Guard and Reserve Components.--
The agreement directs the Department to submit a report to the
Committees within 180 days of enactment of this Act on the
total cost of extending VA medical care eligibility to all non-
federally activated members of the National Guard and Reserve
components of the Armed Services.
Securing Medical Devices.--The agreement encourages the
Department to ensure the security of all networked medical
devices and to implement security and remediation best
practices to address potential medical device cyberattack
risks.
MEDICAL SERVICES
The agreement provides $74,004,000,000 in advance for
fiscal year 2024 for Medical Services, with $2,000,000,000
available through fiscal year 2025. The agreement provides an
additional $261,000,000 above the fiscal year 2023 advance
appropriation for the Medical Services account. The agreement
maintains bill language requiring the Secretary to ensure that
sufficient amounts are available for the acquisition of
prosthetics designed specifically for female veterans.
Mental Health and Suicide Prevention
The agreement provides $13,920,415,000 in discretionary
funds for mental health programs, of which $498,098,000 is for
suicide prevention outreach. In addition to the directives in
House Report 117-391, the agreement urges the Department to
focus on preventing suicides on VA properties.
Veterans Crisis Line and 988 Implementation.--The agreement
provides funding at the level requested for the Veterans Crisis
Line (VCL). In addition to the instruction included in House
Report 117-391, the agreement directs the Department to ensure
VCL has geolocation capabilities to ensure accurate emergency
dispatch to persons at risk of imminent harm to self or others.
In lieu of the direction in House Report 117-391, the agreement
supports an increase in staffing levels of Suicide Prevention
Coordinators, including to ensure sufficient response to calls
to the crisis line. In addition, the agreement continues the
quarterly reporting requirement in House Report 117-391
regarding the volume of calls received by the crisis line and
other metrics to measure and ensure adequate staff response.
DOD to VA Mental Health Transition Improvements.--The
agreement directs the Veterans Affairs Collaboration Office to
provide a report to the Committees on progress in implementing
the Joint Action Plan created in response to Executive Order
13822 no later than 30 days after enactment of this Act.
National Center for Post-Traumatic Stress Disorder.--The
agreement provides $42,000,000 for the National Center for PTSD
and encourages the Center to explore collaborations and
investigational trials to test and develop new methods to treat
PTSD. The agreement directs the Department to provide the
report requested in House Report 117-391 to the Committees no
later than 90 days after enactment of this Act.
Virtual Cognitive Behavioral Therapy.--In response to the
directive in House Report 117-391, the Department should
explicitly address efforts to better deliver mental health
services virtually in areas struggling with broadband
operability, including efforts to partner with commercially
available platforms with VA-accredited clinicians.
Suicide Prevention Technology.--The Committees strongly
encourage VA to allocate resources to support integrated, real-
time data, interactive push notifications, data visualization
tools and VA Suicide Prevention performance measure analytics.
The report requested in House Report 117-391 should be provided
to the Committees within 90 days of the enactment of this Act.
Suicide Prevention.--The agreement encourages the
Department to provide complete continuity of outpatient,
residential, and inpatient mental health services to
proactively screen for suicide risk.
Preventing Veteran Homelessness
The agreement supports $2,695,392,000 for programs to
prevent veteran homelessness, including up to $750,167,000 for
Supportive Services for Veterans Families (SSVF), $557,921,000
for the Department of Housing and Urban Development-Veterans
Affairs Supportive Housing (HUD-VASH), $276,368,000 for Grant
and Per Diem (GPD) programs, and $81,394,000 for Veterans
Justice Outreach program and Legal Services for Veterans
grants.
SSVF.--The agreement directs the Department to fill open
vacancies, using all available recruitment and retention
resources, and to submit an annual report on the status on
filling any and all vacancies. In addition, the agreement
directs the Department to report to the Committees not later
than 1 year after enactment of this Act on the effectiveness of
using contracted caseworkers in comparison to Department
caseworkers, and on how effectively veterans are being assisted
through SSVF.
HUD-VASH.--The agreement supports the expansion of
caseworkers hired in order to reach the Department's goal of 90
percent of caseworker positions filled, and encourages the
Department to continue to expand the program to reach as many
veterans as possible.
Moreover, the agreement directs VA to coordinate with HUD
to establish pathways that would allow for temporary,
transitional case management in areas that Public Housing
Authorities have vouchers that are available, allocated and
accompanied with VA case management resources, but
underutilized due to a lack of VA referrals. The Department is
expected to finalize its guidance regarding approval of a
Public Housing Authority to be a designated service provider no
later than March 31, 2023.
Homeless Providers GPD Program.--The agreement directs the
Department to make funding available for GPD beds based on a
collaborative process with local housing partners, the local VA
Medical Centers and the Continuums of Care.
Healthcare for Homeless Veterans Program.--In addition to
the direction in House Report 117-391, the agreement urges the
Department to expand outreach regarding housing, healthcare,
and mental healthcare resources.
Utilization of Long-Term Care Services by Organizations
Serving Homeless and At-Risk Veterans through VA.--The
agreement directs the Department to assess the utilization of
long-term care services by veterans known to be experiencing
homelessness, at-risk of homelessness within the next 90 days,
and having experienced homelessness in the last 90 days. This
assessment and should be broken down by each veteran's
demographic data, geographical location of services rendered,
and the program(s) the veteran utilized within the Office of
Geriatric and Extended Care (GEC) and the Homeless Programs
Office (HPO); and include a strategic plan to better coordinate
access to GEC and HPO services. Within 1 year of enactment of
this Act, the Department is directed to submit to the
Committees a report on the findings and strategic plan.
Non-Traditional Housing.--The agreement strongly encourages
the Department to continue its efforts to find suitable housing
for veterans and their families, including non-traditional
efforts, such as ``Micro'' or ``Tiny Homes'' or renovated
shipping containers. In lieu of the direction in House Report
117-391, the agreement directs the Department to report to the
Committees within 90 days of enactment of this Act on the
feasibility, including cost estimates, of establishing a grant
program to build villages of tiny homes for homeless veterans.
VHA Staffing and Clinical Workforce Issues
Annual Staffing Report.--The Committees appreciate the
Department's efforts to provide useful information regarding
its staffing challenges.The Committees remind the Veterans
Health Administration of the directive included in the Joint
Explanatory Statement accompanying Public Law 117-103 to
provide no later than January 31 of each calendar year,
beginning in January 2023, a comprehensive report on workforce
and staffing issues.
VA Medical Center Staffing.--In addition to utilizing new
authorities provided by Congress, the agreement encourages the
Department to explore ways to introduce new technologies to
reduce staff workloads and improve patients' access to timely
care.
Rural Health
Office of Rural Health.--The agreement provides
$337,455,000 for the Office of Rural Health and the Rural
Health Initiative, which is $10,000,000 above the fiscal year
2022 enacted level.
Rural Transportation Challenges.--The agreement directs the
Office of Rural Health to expand and improve transportation
access for veterans to and from facilities, and to allocate
sufficient funding to enhance rural access and transportation
services, including up to $10,000,000 for the Highly Rural
Transportation Grants Program. The agreement directs the
Department to report the findings and recommendations of its
ongoing studies on the use of accessible, autonomous and
electric vehicles, which could be particularly helpful in rural
areas, and as directed in House Report 117-391, to submit a
plan for future analysis of this technology. In addition, the
agreement directs the Office of Rural Health to expeditiously
conclude the rural transportation study by the Veterans Rural
Health Resource Center and report the findings to the
Committees to assess gaps in the Department's comprehensive
rural transportation program.
Rural Health Eligibility.--The agreement directs the
Department to submit a report to the Committees no later than
180 days after enactment of this Act that analyzes the impact
on access to VA healthcare if the VA income eligibility
threshold for Priority Group 7 is increased to the highest
income eligibility threshold in each State. The report should
analyze the impact on veteran health if eligibility for dental
care is expanded to include all VHA eligible veterans.
Veterans Affairs Health Navigator Platform.--The agreement
encourages the Department to investigate the benefits of
utilizing Health Management Platforms and a health navigator
system, focused on improving patient access and beneficiary
experiences for veterans in rural and/or low population density
areas, similar to an ongoing DOD pilot.
Telehealth and Connected Care
The agreement provides $5,174,818,000 to sustain and
increase telehealth capacity, including in rural, highly rural,
and underserved communities.
VA-Academic Telehealth Partnerships.--The agreement
encourages the Department to support telehealth partnerships
with academic institutions, including in communities in non-
contiguous areas without university teaching hospitals, and
including Maternal Fetal Medicine services.
Gender-Specific Care for Women
The agreement includes $840,446,000 to support gender-
specific care for women, as well as funding for the program
office and initiatives. The Department is directed to provide a
spend plan detailing how this funding will be allocated and
describing all planned activities related to care for women
veterans to the Committees no later than 90 days after
enactment of this Act. In addition, the Department is directed
to provide quarterly briefings to the Committees on the
expenditure of the funds. The Department is further directed to
continue upgrading medical facilities to meet the needs of
women veterans and is reminded of the annual reporting
requirement included in the Joint Explanatory Statement
accompanying Public Law 116-94 related to women's healthcare
facilities.
Caregivers Support
The agreement includes $1,866,210,000 for VA's Caregivers
Program, and continues the requirement for quarterly reporting
on obligations.
Caregivers Support.--The agreement encourages the Secretary
to permit recently disqualified and denied applicants with a
history in the program to have their applications automatically
reconsidered under the current requirements, rather than go
through the appeals process, or consider creating an expedited
review for Program of Comprehensive Assistance for Family
Caregivers (PCAFC) appeals to ensure timely decisions. The
agreement urges the Department to proceed expeditiously in
revising and reissuing regulations to bring the program fully
in line with statute and Congressional intent, and to work
collaboratively with the Committees in this process.
PCAFC Legacy Caregivers Employment Assistance.--The
agreement directs the Department to submit a report to the
Committees no later than 60 days after enactment of this Act
detailing what steps have been or could be taken to assist
legacy PCAFC caregivers with job-hunting skills and employment
placement.
Opioid Safety Initiatives and Substance Use Disorder Care
To continue to build upon opioid reduction efforts and
safety initiatives, the agreement includes $662,805,000 for
opioid prevention and treatment programs at VA, including
$245,754,000 to continue implementation of the Jason Simcakoski
Memorial and Promise Act as part of the Comprehensive Addiction
and Recovery Act of 2016 (P.L. 114-198).
The agreement also includes $183,287,000 for Substance Use
Disorder (SUD) efforts to ensure a greater number of veterans
can receive SUD specialty services. The Committees are
concerned with challenges veterans face in accessing treatment,
including wait times for inpatient admission, and direct the
Department to continue to increase investment in this program
to reduce delays and ensure adequate bed availability and
staffing.
Whole Health
The agreement provides $85,851,000 for Whole Health, which
is $10,000,000 above the request, to continue to implement and
expand the Whole Health initiative to all VA facilities. Within
the total, the agreement includes $5,000,000 for creative arts
therapies, as described in House Report 117-391 and consistent
with the budget request.
Long-Term Care
The agreement provides $12,085,353,000 as requested by the
Department for long-term care, including $4,052,596,000 for
non-institutional care. VA is encouraged to continue
cooperating with community, State, and Federal partners to
expand these programs.
Rural Access to Home and Community-Based Services.--The
agreement directs the Department, within 1 year of enactment of
this Act, to report to the Committees on the availability of
and access to home- and community-based services (HCBS) for
rural veterans. The report should include an analysis of rural
veterans' access to HCBS, including programs or care provided
directly by VA, as well as HCBS paid for by VA; any disparities
in rural veterans' access to each type of HCBS, as compared to
their urban veteran counterparts; and, if available,
considerations in access to care for rural veterans who live on
Tribal lands, are women veterans, or are disabled veterans.
Veteran-Directed Care.--The agreement encourages expansion
of the Veteran-Directed Care Program.
Domiciliary Care Claims for Veterans with Early-Stage
Dementia.--The agreement directs the Secretary to expeditiously
implement section 3007 of Public Law 116-315, and delegate the
waiver authority to Veterans Integrated Service Networks and
local VA hospital systems so that newly eligible veterans may
begin to receive this crucial support.
Other Health Issues
Neurology Centers of Excellence.--In lieu of the direction
in House Report 117-391, the agreement directs the Department
to provide a report to the Committees within 90 days of
enactment of this Act on the feasibility, advisability, and
costs of expanding the Neurology Centers of Excellence
(including but not limited to epilepsy, headache, multiple
sclerosis, and Parkinson's disease) to enhance their ability to
serve veterans. The report should include funding provided for
each category of Center of Excellence for the past five years
(including the budget year) and proposed in fiscal year 2024;
and estimated costs to support additional sites, increased
staff at sites, or other activities associated with expansion.
The agreement supports an additional $5,000,000 to begin
expansion of the Headache Centers of Excellence, as described
in the report submitted by the Department in response to the
Joint Explanatory Statement accompanying the Consolidated
Appropriations Act, 2022 (P.L. 117-103); and up to $4,000,000
to support an expansion of Parkinson's Disease Research,
Education and Clinical Centers and associated Parkinson's
Disease Consortiums and multiple sclerosis centers, pending the
Committees' review of the recommendations in the requested
report.
Pressure Injuries.--A report on the timeline to update the
directive required in House Report 117-391 on the Standardized
Pressure Injury Prevention Protocol Checklist is requested
within 90 days of enactment of this Act.
Molecular Diagnostics for All Cancers.--The Committees
believe that every veteran with cancer deserves the highest
quality and most medically advanced diagnosis and treatment
available, and the Committees commend the Department's
Precision Oncology Program. The agreement supports the budget
request to expand precision oncology clinical services,
including molecular diagnostics, and includes up to $10,000,000
to accelerate the adoption of molecular diagnostics for
numerous cancers. Additionally, the Committees remind the
Department of the reporting requirement in House Report 117-
391.
Adaptive Sports.--The agreement includes $27,229,000 for
National Veterans Sports Programs, including $16,000,000 for
adaptive sports programs, and no less than $1,500,000 for
equine therapy.
Medication Optimization for Veterans.--The agreement
provides $15,610,000, as requested, for the National
Pharmacogenomics Program.
Intimate Partner Violence Program.--The Committees support
the VA Intimate Partner Violence Program (IPV), which has made
important progress in implementing programs to combat domestic
violence, and direct the Department to fully resource the IPV
Program and to continue to include it as a program of interest
with budget detail in the justifications accompanying the
fiscal year 2024 budget submissions.
Support for Vet Centers.--The agreement supports the
request for Vet Centers and urges the Department to increase
access to Vet Centers, including ensuring adequate staffing and
evaluating whether additional centers may be needed. In
addition to the direction in House Report 117-391, the
agreement directs the Department to submit a report to the
Committees no later than 90 days of enactment of this Act on
its progress on implementing the recommendations in the report
``VA Vet Centers: Evaluations Needed of Expectations for
Counselor Productivity and Centers' Staffing'' (GAO--20--652).
Pilot Programs for Agritherapy.--The agreement provides
$5,000,000 to continue a pilot program to train veterans in
agricultural vocations, while also tending to behavioral and
mental health needs with behavioral healthcare services and
treatments by licensed providers.
Pain Management Treatments.--The Committees note
alternative treatments for pain management have been shown to
be effective in reducing pain and reliance on prescription
opioids, and continue to encourage VA to expand the use of
alternative treatments to pain management in its delivery of
healthcare services, as well as integrate treatments such as
acupuncture into VA medical centers and clinics through
licensed professionals or on a contract basis. Additionally,
given the potential of osteopathic manipulative treatment (OMT)
to treat back and other pain, the Department is directed to
track utilization of OMT among veterans seeking care and
provide a report to the Committees within 120 days of enactment
of this Act on the use of OMT. The Department is further urged
to develop a mechanism to track outcomes of this treatment.
Bioelectronic Medicine for Veterans.--The Committees note
the potential offered by Bioelectronic Medicine combined with
machine learning and artificial intelligence and encourage the
Department to ensure these technologies are available to
veterans. In lieu of the funding in House Report 117-391, the
agreement directs VA to report to the Committees within 60 days
of enactment of this Act on how it plans to expand access to
these technologies and support initiatives that encourage
innovation.
Home Improvements and Structural Alterations.--The
agreement directs the Department to provide a report to the
Committees no later than 90 days of enactment of this Act on
whether the Home Improvements and Structural Alterations
benefit is sufficient to cover the costs of medically necessary
improvements and structural alterations, taking into account
housing costs in defined geographic regions, and
recommendations to improve the program to meet the need.
Infrastructure Investment and Jobs Act Compliance.--The
agreement directs the Department to promptly provide the
required report under Section 70913 of the Infrastructure
Investment and Jobs Act (P.L. 117-58) and apply the required
preference to infrastructure projects funded by this Act.
Nonmelanoma Skin Cancer Treatment.--The agreement directs
the Department to analyze what barriers exist for veterans
seeking image-guided superficial radiotherapy across different
types of practices, including but not limited to certified
medical establishments and private dermatology practices, and
what action can be taken to remove any identified obstacles.
The Department is directed to submit a report on the analysis
to the Committees no later than 90 days after the enactment of
this Act.
Integration of Veteran and Tribal Partners in Applicable
Areas.--The agreement directs the Secretary of Veterans Affairs
to appoint a single point of contact to coordinate Federal
Tribal and veteran healthcare in areas where it may be
difficult for a veteran to find proper representation of care
due to limited presence of VA facilities.
Solid Tumor Diagnostic Assay.--The agreement directs the
Department to provide an update on cancer diagnostics
proteomics research no later than 180 days after enactment of
this Act to the Committees.
Rehabilitation and Disability Prevention.--The agreement
encourages the Department to develop, evaluate, implement, and
disseminate new strategies for rehabilitation and for
disability prevention, including strategies for emotional well-
being.
Dental Services.--The agreement supports efforts to expand
VA dental services to the broadest extent of current authority.
Hyperbaric Oxygen Therapy.--The agreement encourages the
Department to continue to research the efficacy of hyperbaric
oxygen therapy (HBOT) as a treatment for PTSD and traumatic
brain injury, and permit case-by-case referrals for HBOT in the
community.
Medical Cannabis.--The agreement acknowledges the
Department is in the process of updating VHA Directive 1315,
Access to VHA Clinical Programs for Veterans Participating in
State-Approved Marijuana Programs, and encourages the
Department to not interfere with a veteran's decision to
participate in such programs and document it appropriately, to
the extent allowable under Federal law.
Mobile Health Clinics.--The agreement supports robust
funding and encourages VA to expand their mobile clinics in
order to serve more veterans.
Medical Device Efficiencies.--The Committees note the
importance of reducing emissions and waste at medical
facilities, as well as improving supply chain resilience. The
Department is encouraged to explore potential options and
approaches to achieve these goals, including FDA-regulated,
commercial reprocessing of single-use medical devices, as
appropriate. Within 180 days of enactment of this Act, the
Department is directed to submit a report to the Committees
that provides an assessment of VA's medical device reprocessing
efforts, including benefits, potential cost savings to VA
medical facilities, estimates of reduced waste, and impacts on
health outcomes.
Air Ambulance Services.--The Committees urge the Department
to ensure that any changes to the reimbursement policy for air
ambulances do not reduce the availability of emergency services
to veterans or increase mortality and morbidity among veterans
needing air ambulance care, which is particularly important in
rural areas. The Committees further note that Public Law 116-
260 required the Department of Health and Human Services (HHS)
to review updated cost data on air ambulance services, and
encourage VA to coordinate with HHS to ensure that its data is
accurate and up to date before finalizing any payment policy
changes.
Pharmaceutical On-dose Tracking and Tracing Technologies.--
The agreement directs that the report directed in House Report
117-391 should also outline the Department's implementation and
deployment strategies for on-dose tracking of pharmaceutical
products within the VA.
Domestic Procurement of Medical Isotopes.--The agreement
directs the Department to submit to the Committees a report
within 90 days of enactment of this Act on the availability of
domestic sources of sustainable medical radioisotopes available
for procurement and the feasibility of increasing the portion
of procured technetium-99m patient doses produced from
domestically manufactured molybdenum-99.
Oral Contraceptives.--In lieu of the direction in House
Report 117-391, the Committees note the potential advantages
for patients in receiving a full year's supply at once of oral
contraceptive pills that are for regular use and urge the
Department to improve awareness of the option to receive a full
year's supply of such pills, when medically appropriate. The
Committees request a report within 30 days of enactment of this
Act on the findings of VA's evaluation of its demonstration
project.
Assisted Reproductive Services.--The agreement does not
include the proposal in the fiscal year 2023 budget request to
revise the access policy for assisted reproductive services.
Fertility Treatment Data.--In lieu of the reporting
requirements and directives under the heading ``Fertility
Treatment Data'' in House Report 117-391, the Department is
reminded of the annual reporting requirement included in the
Joint Explanatory Statement that accompanied Public Law 117-
103.
Adoption Reimbursement and Assisted Reproductive
Services.--In lieu of the funding in House Report 117-391, the
agreement urges the Department to increase its efforts to
ensure veterans are informed about their benefits.
MEDICAL COMMUNITY CARE
The agreement provides $33,000,000,000 in advance funding
for fiscal year 2024 for Medical Community Care, with
$2,000,000,000 available until September 30, 2025. The
agreement provides an additional $4,300,000,000 above the
fiscal year 2023 advance appropriation for the Medical
Community Care account.
MISSION Act Reporting.--The agreement directs the
Department to continue to provide to the Committees quarterly
reports on the expenditures related to the MISSION Act for the
prior fiscal year and the current fiscal year, and estimates
for expenditures related to the MISSION Act for the next five
fiscal years. These reports should include costs broken out by
account, with categories for costs of MISSION Act-affected
community care, caregiver expansion, urgent care, and other
efforts. These reports should also include: (1) the number of
veterans served by each authority for care outlined in section
1703(d) of title 38, United States Code (i.e., the Department
does not offer the care, the Department does not operate a
full-service medical facility in the State in which the covered
veteran resides, etc.); (2) the cost of such care broken out by
the authorities in section 1703(d); and (3) the timeliness of
care, on average.
In addition, the agreement directs the Department to submit
monthly reports to the Committees identifying available
resources, obligations, authorizations, and anticipated funding
needs for the remainder of the fiscal year. This should include
detail on the timing of authorization of care and the
obligation of funds. The report should also provide data broken
out by VISN on the number of referrals and completed
appointments in-house and in the community, including
timeliness.
Rural Health Continuity of Care.--The agreement continues
to encourage VA to sustain continuity of care for rural
veterans in line with the direction included in Senate Report
117-35.
Dialysis Services.--The agreement expects that VA will
ensure that care is not disrupted or diminished for the
veterans who receive treatment under the Nationwide Dialysis
Services contracts. The agreement directs the Department to
include as part of the feasibility report requested in Senate
Report 117-35 a pay-for-performance value-based dialysis
payment model under which dialysis providers are accountable
for outcomes and are paid based on improved care metrics.
Metrics that are highly correlated with improved veteran
outcomes and lower total cost of care, as well as health equity
should be considered.
Community Care Payment Rates.--In addition to the
information requested in House Report 117-391, the report on
community care providers in rural areas should also address the
effect of Medicare Physician Fee Schedule payment rates for
certain mental healthcare providers on participation in the
Veterans Community Care Program (VCCP). Specifically, the
report should examine any effect lower payment rates have on:
(1) provider recruitment and retention in the VCCP network, and
(2) veterans' ability to access mental healthcare in the
community. The report should also include the Department's view
on whether the payment structure established under Public Law
115-182, the VA MISSION Act of 2018, limits reimbursement rates
for non-physician community mental health providers to the
Medicare Physician Fee Schedule.
State Veterans Homes Per Diem.--The agreement directs the
Department to examine the contracts entered into with each
State home for nursing home care to determine if adequate
compensation is provided for the cost of furnishing care in
that location, including in States outside of the contiguous
United States, and that no undue burden is placed on the States
to provide care to veterans. A report of the findings should be
provided to the Committees within 90 days of the enactment of
this Act.
State Veterans Homes.--The agreement directs the Secretary
to report to the Committees within 120 days of enactment of
this Act on actions that the Department or Congress can take to
expand support for State veterans homes, particularly those in
rural areas at risk of closure due to financial challenges,
such as increasing per diem reimbursement rates, expanding
eligibility for care, altering the required veteran occupancy
rate, or expanding hiring and retention authorities. The report
should include a budgetary impact analysis of the options and
an explanation of any additional authorities necessary.
Veterans Access to Long-Term Care.--In addition to the
direction in House Report 117-391 regarding long-term care for
veterans with severe traumatic brain injury, the agreement
directs the Department to provide to the Committees within 60
days of enactment of this Act an update on its efforts to carry
out the direction provided in Senate Report 117--35 regarding
Veterans Care Agreements. In addition, this report should
address if veteran access to long-term care services could be
improved if TRICARE's Office of Federal Contract Compliance
program exemptions included VA Health Benefits Providers, such
as skilled nursing homes.
Contract Nursing Homes.--The agreement directs the
Department to provide a report to the Committees within 120
days of enactment of this Act to determine if there has been a
decrease in the availability of nursing home care and why. The
report should include: (1) the number of contract nursing homes
VA uses nationwide, by State, for each of the past 10 years;
(2) an assessment about whether Medicare payment rates or VA
Fee Schedule Rates affect whether non-VA nursing homes are
willing to accept veteran patients; and (3) the number of
veteran inpatients who remained at VA Medical Centers and VA
Healthcare Systems for at least 30 days while awaiting an
available treatment bed.
Caregiver and Nurse Registries.--The agreement directs the
Department to provide a report to the Committees no later than
90 days after enactment of this Act on: (1) the rationale that
led to the exclusion of licensed caregiver and nurse registries
after 2 years of allowing them to participate; (2) the
explanation provided to veterans on why they could no longer
use the services they had previously relied on; (3) the total
number of veterans impacted by this change; and (4) information
on efforts undertaken by VA to ensure veterans are not left
without caregivers as a result of this change.
MEDICAL SUPPORT AND COMPLIANCE
The agreement provides $12,300,000,000 in advance funding
for fiscal year 2024 for Medical Support and Compliance, with
$350,000,000 available through fiscal year 2025. The agreement
provides an additional $1,400,000,000 above the fiscal year
2023 advance appropriation for the Medical Support and
Compliance account.
Office of Health Informatics.--The agreement directs the
Department to evaluate the processes currently in place for
coordinating with the Social Security Administration to
transmit relevant medical and disability information for
veterans with 100 percent service connected, permanent and
total disability ratings, for the purpose of expediting Social
Security Disability Insurance benefits decisions.
MEDICAL FACILITIES
The agreement provides an additional $1,500,000,000 above
the fiscal year 2023 advance appropriation for this account.
The agreement provides $8,800,000,000 in advance for fiscal
year 2024 for Medical Facilities, of which $500,000,000 is made
available through fiscal year 2025.
The Committees expect VA to provide, no later than 30 days
after enactment of this Act, an expenditure plan detailing the
planned use of the funds provided, and further, the Committees
request a quarterly update of the plan if the funding for any
single project changes by more than $3,000,000 during that time
period.
Community-Based Outpatient Clinic in Bakersfield,
California.--The Committees remain concerned that a new
Bakersfield CBOC remains unbuilt more than a decade after
Congress authorized this facility in Public Law 111-82.
Recognizing the constraints due to ongoing litigation, the
Committees direct the Secretary to expeditiously execute Lease
No. 36C10F20L0008 and commence construction of the CBOC as soon
as possible. The Committees direct the Secretary to provide
monthly reports on the CBOC's progress until completion and
activation.
Prohibition on Smoking.--The agreement supports the
Department's efforts to make VA facilities smoke-free and
encourages full implementation and enforcement of VHA
Directives 1085 and 1085.1.
Negative Air Pressure Containment Systems.--The agreement
directs the Department to report to the Committees within 90
days of enactment of this Act on the Department's prior
utilization or purchase of commercial-off-the-shelf negative
air pressure containment systems in response to the COVID--19
pandemic and an analysis of potential requirements necessary to
prepare for future pandemics.
VA Infrastructure Requirements.--The agreement encourages
the Department to incorporate the requirement to address aging
infrastructure in future budget requests, as appropriate.
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $75,000,000 of the
Recurring Expenses Transformational Fund balances to support
the deployment, upgrade, or installation of infrastructure or
equipment to support goals established in Executive Order
14057.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $916,000,000 for Medical and
Prosthetic Research, available until September 30, 2024. Bill
language is included to ensure that the Secretary allocates
adequate funding for prosthetic research specifically for
female veterans and for toxic exposures.
Women Veterans Research.--The Committees direct the
Department to ensure its research program adequately addresses
the unique needs and concerns of women veterans, which can be
substantially different than both civilian women and men
veterans.
Animal Research.--The agreement continues bill language to
limit research on dogs, cats, and non-human primates, and
reiterates that this language requires the implementation of a
plan under which the Secretary will eliminate or reduce the
research conducted using these species by not later than 5
years after the date of enactment of Public Law 116-94.
Additionally, the Department is directed to include in any
report to Congress describing animal research approved under
Sec. 247 of this Act detail on what specific alternatives to
animals were considered, why those alternatives were not
chosen, and therefore supporting why these animal subjects are
the only viable option for this research.
Access to Clinical Oncology Trials.--The Committees
continue to support the ongoing collaborative efforts between
VA medical centers and National Cancer Institute (NCI)-
designated comprehensive cancer centers, but note the lack of
infrastructure for clinical trials in other areas of the
country. The Committees note the budget request has highlighted
expanding access to oncology clinical trials as a priority for
fiscal year 2023 and direct that not less than $10,000,000 be
allocated to support partnerships between VA medical centers
and NCI-designated comprehensive cancer centers, with an
emphasis on expanding to new sites outside the current NAVIGATE
structure.
VA Cancer Moonshot.--The agreement directs that skin cancer
be included as a priority area, due to the prevalence of
various skin cancers among servicemembers.
Spinal Cord Injuries and Disorders.--The agreement
encourages the Department to increase the Clinical Science
Research and Development program funding for initiatives
conducted across the Spinal Cord Injuries and Disorders (SCI/D)
System of Care, and prioritize activities to study and assess
spinal cord neurostimulation therapies and devices to restore
movement and autonomic functions in veterans living with SCI/D.
Opiate-Free Pain Therapy for Veterans.--The agreement
encourages the Department to implement a research project in
various VA facilities/VISNs evaluating the efficacy of thermal,
shortwave diathermy on patients with chronic pain for non-
opioid pain relief.
Improving the Quality of Life in Tinnitus Management by
Veterans.--The agreement encourages the Department to work with
academic partners, as appropriate, to address and improve the
outcomes for veterans experiencing problematic tinnitus,
including research to identify contributing factors associated
with tinnitus onset and progression to chronic tinnitus and
develop novel interventional therapies and self-management
tools. VA is encouraged to consider academic institution
factors such as proximity to operational military bases, the
presence of Nurse Practitioner/Doctor of Nursing Practice/
Doctorate programs, and the presence of Osteopathic Medicine
and Engineering programs.
MEDICAL CARE COLLECTIONS FUND
The agreement includes the authority for the Medical Care
Collections Fund to retain co-payments and third-party
collections, estimated to total $3,910,000,000 in fiscal year
2023.
MCCF Third-Party Billing.--The Committees note that
procedures to provide for not only correct billing, but also
prompt collection must continue to be improved at VA.
Therefore, the agreement directs the Department to submit
quarterly reports to the Committees on Appropriations
identifying the amount of third-party health billings that were
owed to VA in the previous quarter, and the amount collected,
with an explanation of why amounts were not collected, as
directed in House Report 117-391.
National Cemetery Administration
The agreement provides $430,000,000 for the National
Cemetery Administration (NCA). Of the amount provided, up to 10
percent is available until September 30, 2024.
Cemetery Access and Unmet Needs.--The Committees remain
concerned that NCA is not adequately serving the nation's
veterans in certain areas, particularly rural areas and
geographically isolated areas. The agreement therefore directs
VA to continue to pursue efforts to ensure that a burial
option, including those utilizing public-private partnerships,
within 75 miles of all veteran homes is available and
accessible. Additionally, the Department is directed to report
to the Committees within 180 days of enactment of this Act on
its progress to review and amend the criteria for establishing
new national cemeteries, including changes to allow for the
establishment of new national veterans cemeteries in
geographically isolated areas and states where state veterans
cemeteries do not meet national shrine standards, and how
revised criteria will help address the remaining need of
unserved veteran populations.
Western New York Cemetery.--The agreement directs the
Department to provide a detailed plan and timeline to the
Committees no later than 60 days after the enactment of this
Act to fully address and mitigate traffic safety concerns at
the intersection of New York State Route 77 and Indian Falls
Road (County Route 4) adjacent to the Western New York
Cemetery.
Rural Initiative National Cemetery Grants Program.--The
agreement directs the Department to submit a report to the
Committees no later than 90 days after enactment of this Act on
the feasibility and advisability of establishing a Rural
Initiative National Cemetery Grants Program to support State
and local entity projects that enhance the operation and
maintenance of Rural Initiative National Cemeteries.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $433,000,000 for General
Administration. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2024. The
agreement continues to include bill language permitting the
transfer of funds from this account to General Operating
Expenses, Veterans Benefits Administration.
Financial Management Business Transformation (FMBT).--The
agreement provides $20,300,000 for FMBT.
The agreement provides funding for General Administration
in the amounts specified below:
($ in thousands)
------------------------------------------------------------------------
Office \1\ Amount
------------------------------------------------------------------------
Office of the Secretary.................................... $17,324
Office of General Counsel.................................. 136,347
Office of Management....................................... 78,064
Office of Human Resources & Administration/Operations, 111,394
Security & Preparedness...................................
Office of Enterprise Integration........................... 36,229
Office of Public and Intergovernmental Affairs............. 15,764
Office of Congressional & Legislative Affairs.............. 9,545
Office of Accountability & Whistleblower Protection........ 28,333
Total.................................................. 433,000
------------------------------------------------------------------------
\1\ The Office of Acquisition, Logistics & Construction and the Veterans
Experience Office are funded solely with reimbursable authority.
The Secretary may alter these allocations if the Committees
have been notified and written approval is provided.
Data Governance and Analytics.--The agreement directs the
Office of Enterprise Integration to further coordinate
enterprise-wide efforts of managing VA data as a strategic
asset, enhance veterans' insights, and strengthen VA's delivery
of services and benefits to veterans, their families,
survivors, and caregivers.
Improving Personal Cybersecurity for Veterans.--The
agreement encourages the Department to help improve personal
cybersecurity among veterans by increasing digital and media
literacy through education and resources, including protection
against cyber threats and influence campaigns.
VA Accessibility Office and VA Accessibility Officer.--The
agreement encourages the Department to explore options, such as
a VA Accessibility Office led by a Chief Accessibility Officer,
to ensure the accessibility needs of disabled veterans and
employees are met.
508 Accessibility.--The agreement directs the Secretary to
review VA's 508 accessibility compliance and Information and
Communication Technology accessibility, report findings to the
Committees within 90 days after enactment of this Act, and
continue to report on the progress of 508 accessibility
compliance annually for 3 years after enactment. The agreement
urges the Department to maintain open lines of communication
with VSOs, particularly the Blinded Veterans Association,
during the ongoing effort to improve accessibility.
Pershing Hall in Paris, France.--The Department is directed
to submit a report to the Committees within 180 days of
enactment of this Act on the current status of and the
envisioned future state of Pershing Hall in Paris, France with
regard to operations, developments and improvements, as well as
any options for disposition under consideration. In developing
the report, the Department shall consult with the Secretary of
the American Battle Monuments Commission and interested
stakeholders, including the American Legion and its Paris Post
1.
BOARD OF VETERANS APPEALS
The agreement provides $285,000,000 for the Board of
Veterans Appeals, of which up to 10 percent shall remain
available until September 30, 2024.
Scheduling Backlog.--The agreement directs the Department
to submit a report to the Committees within 90 days of
enactment of this Act on the length of time it takes to
schedule appeals and the Board's planned steps to improve
efficiency.
Appeals Backlog.--The agreement supports the Board's
efforts to increase personnel and invest in technology to help
keep up with the increase in demand.
Evaluating Execution of the Appeals Modernization Act.--The
agreement directs the Department to provide a report to the
Committees within 90 days of enactment of this Act on: (1) its
analysis of why more veterans choose to skip a quicker review
by VBA; (2) its plan to educate veterans on quicker options
available to them under the Appeals Modernization Act; (3) a
summary of recurring issues before the Board; and (4) its plan
to improve training of VBA employees to reduce the frequency of
recurring issues before the Board.
Recruitment and Retention.--The agreement supports using
available tools to improve the recruitment and retention of
attorneys, including the reimbursement of Bar Dues, and
encourages the Board to use its discretion to lift the cap to
reimburse attorneys for their Bar Dues.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $5,782,000,000 for the Information
Technology (IT) Systems account. The agreement includes
$1,494,230,000 for staff salaries and expenses, $4,145,678,000
for operation and maintenance of existing programs, and
$142,092,000 for program development.
The agreement makes no more than 3 percent of pay and
associated costs funding available until the end of fiscal year
2024, no more than 5 percent of operations and maintenance
funding available until the end of fiscal year 2024, and all IT
systems development funding available until the end of fiscal
year 2024.
The agreement continues to include language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees, and allowing funding
to be transferred among development projects or to new projects
subject to the Committees' approval. Further, the agreement
prohibits increasing or decreasing a development project by
more than $3,000,000 prior to receiving approval of the
Committees or after a period of 30 days has elapsed.
The agreement directs the Department to improve the type,
quality, and organization of information in the IT budget
submission starting in the fiscal year 2024 submission. This
should include a section detailing every existing funded IT
project.
This table is intended to serve as the approved list of
development projects; as noted above, any requested changes
exceeding $3,000,000 to a project are subject to reprogramming
requirements.
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
($ in thousands)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
Health Management Platform................................. 70,736
Community Care........................................... 37,879
Telehealth Services...................................... 13,657
Purchased Care........................................... 10,000
Patient Record System.................................... 9,200
Clinical Applications...................................... 43,277
Supply Chain Management.................................. 33,223
Healthcare Administration Systems........................ 10,054
Health Research and Development............................ 5,209
Research................................................. 5,209
Benefits Systems........................................... 20,727
Other Benefits IT Systems................................ 8,000
Veterans Customer Experience............................. 7,222
Benefits Systems......................................... 5,505
Other IT Systems........................................... 2,143
Human Resources.......................................... 2,143
Total, IT development.................................. 142,092
------------------------------------------------------------------------
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $1,759,000,000 for Veterans
Electronic Health Record for activities related to the
development and rollout of VA's Electronic Health Record
Modernization (EHRM) initiative, the associated contractual
costs, and the salaries and expenses of employees hired under
titles 5 and 38, United States Code. The agreement makes 25
percent of funds contingent upon the Secretary, within
specified deadlines: (1) providing a report detailing the
status of outstanding issues impacting the stability and
usability of the new electronic health record (EHR) system,
including those that contributed to deployment delays, along
with a timeline and measurable metrics; (2) certifying and
detailing any changes to the full deployment schedule; and (3)
certifying the status of outstanding issues impacting the
stability and usability of the system, and whether the system
is ready and optimized for further deployment at VA sites.
While the Committees remain supportive of the need to
modernize VA's electronic health record system, there continue
to be wide-ranging and alarming implementation issues with the
new system, including serious usability problems that have led
to or contributed to instances of patient harm and reduced
employee productivity. The Committees support the Department's
decision to pause further deployments to address problems with
the new system and improve theoperation at existing sites. The
Committees are hopeful that the Department will resolve outstanding
issues expeditiously and in a manner that will allow the Department to
resume rollout of the new system safely and efficiently in Summer 2023,
as planned.
The agreement continues quarterly reporting of obligations,
expenditures, and deployment schedule by facility. The
Committees expect the Department to continue monthly briefings
on program implementation, including updates on progress
resolving outstanding issues, and to provide quarterly updates
to review timelines, performance milestones, implementation,
and change management progress. The agreement continues to
direct the Government Accountability Office to conduct
quarterly performance reviews of EHRM deployment and to report
to the Committees each quarter.
Cost and Budget Estimates.--The agreement directs the
Department to clearly identify all costs related to EHRM
implementation, including those that would be incurred in other
budget accounts, in meeting the reporting requirements above
and in the justifications accompanying the President's budget
request. The Department is expected to provide to the
Committees an updated Life Cycle Cost Estimate for the program,
taking into account the recent estimate provided by the
Institute for Defense Analyses. At least annually, the
Department is directed to provide a report to the Committees
comparing current estimated costs to the revised Life Cycle
Cost Estimate.
Patient Harm and Transparency.--The agreement reiterates
the direction provided in House Report 117-391, acknowledges
the initial report provided by the Department, and expects to
receive the other report directed under this heading in House
Report 117-391 within 90 days of enactment of this Act.
Additional EHRM Oversight.--In addition, the agreement
directs the Department to provide a report to the Committees no
later than June 1, 2023, detailing steps taken to: (1) revise
and enhance the EHR training program; (2) independently
validate the efficacy of the super user program and the
training for such program; (3) ensure proper medication
management and accurate patient data through such record; (4)
demonstrate that patient record flags that identify veterans
who are at high risk for suicide are properly displayed in such
record; and (5) implement a policy for regular updates to
affected employees about progress on and estimated completion
dates for issues arising from trouble tickets.
For each site using the new EHR, the agreement directs the
Department to periodically report to the Committees on changes
to staffing levels, productivity compared to pre-implementation
levels, and wait times for access to VA care and care in the
community. The Department is strongly discouraged from
retaliation against employees who raise patient safety concerns
related to EHRM activities.
OFFICE OF INSPECTOR GENERAL
The agreement provides $273,000,000 for the Office of
Inspector General. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2024.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $1,447,890,000 for Construction,
Major Projects. The agreement makes this funding available for
five years, except that $716,168,000 is made available until
expended, of which $1,500,000 shall be available for seismic
improvement projects. The agreement does not provide the
requested new authority for VHA land acquisition.
Construction Program.--The agreement encourages the
Department to take into account whether States have a full-
service VA medical facility when determining which projects to
fund.
Cost Increases.--Recognizing the challenges of inflation
and supply chain shortages, the agreement encourages the
Department to adequately resource the completion of existing
construction projects, including CHIP-IN for Vets Act projects.
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $804,510,000 of the
Recurring Expenses Transformational Fund balances to support
construction projects in Portland, OR; Canandaigua, NY; Fort
Harrison, MT; and for other purposes.
The agreement funds the following items requested in the
budget submission:
CONSTRUCTION, MAJOR PROJECTS
($ in thousands)
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2023 Funding
---------------------------------
Recurring
Location Description Expenses Total
Appropriation Transformational
Fund
----------------------------------------------------------------------------------------------------------------
Veterans Health Administration (VHA):
Portland, OR......................... Upgrade Portland Bldg 100/ ............. 503,000 503,000
101 for Seismic Retrofit
and Renovation.
Louisville, KY....................... New Medical Facility..... 35,000 ................ 35,000
Canandaigua, NY...................... Construction and ............. 62,500 62,500
Renovation.
Alameda, CA.......................... Community Based 128,800 ................ 128,800
Outpatient Clinic and
National Cemetery.
Livermore, CA........................ Realignment and Closure, 35,000 ................ 35,000
Livermore Campus.
Fort Harrison, MT.................... Seismic Upgrade and ............. 88,600 88,600
Specialty Care
Improvements.
El Paso, TX.......................... Construct New Health Care 550,000 ................ 550,000
Center.
Various Stations..................... Advance Planning and 266,378 70,000 336,378
Design Fund.
Various Stations..................... Asbestos................. ............. 15,000 15,000
Various Stations..................... Claims Analysis.......... 2,500 ................ 2,500
Various Stations..................... Construction and 128,122 ................ 128,122
Facilities Management
Staff.
Various Stations..................... Hazardous Waste.......... 16,000 ................ 16,000
Various Stations..................... Non-Departmental Federal 134,590 65,410 200,000
Entity Project
Management Support.
Various Stations..................... Seismic Corrections...... 1,500 ................ 1,500
Subtotal, VHA...................... ......................... 1,297,890 804,510 2,102,400
National Cemetery Administration (NCA):
Elmira, NY........................... Phase 1 Gravesite 25,000 ................ 25,000
Development.
Albuquerque, NM...................... Phase 1 Gravesite 57,000 ................ 57,000
Expansion.
St. Louis, MO........................ Phase 1 Gravesite 44,000 ................ 44,000
Development (New Land).
Various Stations..................... Advance Planning and 13,000 ................ 13,000
Design Fund.
Various Stations..................... NCA Land Acquisition..... 1,000 ................ 1,000
Subtotal, NCA...................... ......................... 140,000 ................ 140,000
General Administration/Staff Offices:.. Department Advance 10,000 ................ 10,000
Planning and Design Fund
for Major Construction.
Major Construction, Total.......... ......................... 1,447,890 804,510 2,252,400
----------------------------------------------------------------------------------------------------------------
CONSTRUCTION, MINOR PROJECTS
The agreement provides $626,110,000 for Construction, Minor
Projects. The agreement makes this funding available for five
years, except that $62,611,000 is made available until
expended. The agreement supports the allocation included in the
budget request, providing $344,245,000 for the Veterans Health
Administration, $157,265,000 for the National Cemetery
Administration, $30,000,000 for the Veterans Benefits
Administration, and $94,600,000 for staff offices (including
the Office of Information Technology). The agreement directs
the Department to provide an expenditure plan to the Committees
no later than 30 days after enactment of this Act.
Support the Expeditious Enactment of the Greater Los
Angeles Healthcare System's Master Plan.--The agreement
supports the Department's efforts to operationalize the Greater
Los Angeles Healthcare System's Master Plan and encourages
continued engagement with the Principal Developer Team and
others on any potential funding opportunities, including
Capital Contributions.
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $88,490,000 of the
Recurring Expenses Transformational Fund balances to support
facilities improvements at existing medical facilities.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $150,000,000 for Grants for
Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $50,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available until
expended.
Cost of War Toxic Exposures Fund
The agreement provides $5,000,000,000 in direct spending
for the Cost of War Toxic Exposures Fund (the Fund) established
to support new costs related to providing veterans and their
families the benefits and care associated with the eligibility
expansion included in the Honoring our PACT Act of 2022 (P.L.
117-168). The combination of these funds and those made
available through discretionary appropriations in this Act and
through other sources, fully support the administration's
request to implement the PACT Act in fiscal year 2023,
including to address increased demand for health care and
benefits, and reflect the expedited implementation schedule
announced by the President on August 10, 2022. The agreement
does not shift discretionary resources to the Fund.
The intent of the Fund is to address the costs associated
with implementing the PACT Act, including additional future
eligibilities that result from the process changes enacted.
This Fund is intended to be used to cover the costs of care and
delivery of benefits that are related to toxic exposure. The
appropriations provided in this Fund supplement VA's ongoing
efforts to provide toxic exposure-related healthcare or other
benefits that VA had authority for prior to passage of the PACT
Act.
The agreement requires an expenditure plan to be submitted
to the Committees on Appropriations. This expenditure plan is
critical to ensure proper usage of the Fund, and will inform
future budget estimates, including those from the Congressional
Budget Office, on exactly how the Fund will be applied.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for the hire of passenger vehicles,
lease of facilities or land, and purchase of uniforms.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of prior
year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund, and
the United States Government Life Insurance Fund to administer
these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases and
provides authority to obligate these reimbursements until
expended.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, Diversity
and Inclusion, the Office of Employment Discrimination
Complaint Adjudication, and the Alternative Dispute Resolution
function within the Office of Human Resources and
Administration can charge other offices of the Department for
services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major Projects
and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community Care
accounts.
The agreement includes section 215 allowing Alaskan
veterans to use medical facilities of the Indian Health Service
or Tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital Asset
Fund to the Construction, Major Projects and Construction,
Minor Projects accounts and makes those funds available until
expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for the
Department. The specific data requested is similar to that
requested in the fiscal year 2017 conference report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
The agreement includes section 219 providing up to
$330,140,000 of specified fiscal year 2023 funds for transfer
to the Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits up to
$314,825,000 of specified fiscal year 2024 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health Care
Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds from
being used to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and describe their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request unless
the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the number
of claims processing personnel; corrective actions taken;
training programs; and review team audit results. It also
requires a quarterly report on the number of appeals pending at
the Veterans Benefits Administration and the Board of Veterans
Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more full-time-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$1,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2023 funds appropriated in this Act or available from advance
fiscal year 2023 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services, upon
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account upon approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among the major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 maintaining certain
professional standards for the veterans crisis hotline and
requiring a study to assess its effectiveness.
The agreement includes section 233 prohibiting the use of
funds, from the period October 1, 2018, through January 1,
2024, in contravention of VHA's guidelines on breast cancer
screening published on May 10, 2017.
The agreement includes section 234 addressing the use of
funding for assisted reproductive technology treatment and
adoption reimbursement.
The agreement includes section 235 prohibiting any funds
being used in a manner that is inconsistent with statutory
limitations on outsourcing.
The agreement includes section 236 pertaining to exceptions
for Indian- or Native Hawaiian-owned businesses contracting
with VA.
The agreement includes section 237 directing the
elimination over a series of years of the use of social
security numbers in VA programs.
The agreement includes section 238 referencing the
provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 239, which prohibits funds
from being used to transfer funding from the Filipino Veterans
Equity Compensation Fund to any other VA account.
The agreement includes section 240 permitting funding to be
used in fiscal years 2023 and 2024 to carry out and expand the
child care pilot program authorized by section 205 of Public
Law 111-163.
The agreement includes section 241 prohibiting VA from
using funds to enter into an agreement to resolve a dispute or
claim with an individual that would restrict the individual
from speaking to members of Congress or their staff on any
topic, except those required to be kept secret in the interest
of national defense or the conduct of foreign affairs.
The agreement includes section 242 referencing language in
the 2017 Appropriations Act requiring certain data to be
included in budget justifications for major construction
projects.
The agreement includes section 243 prohibiting the use of
funds to deny the Inspector General timely access to
information unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The agreement includes section 244 prohibiting funding from
being used in a manner that would increase wait times for
veterans at medical facilities.
The agreement includes section 245 prohibiting the use of
funds in fiscal year 2023 to convert any program which received
specific purpose funds in fiscal year 2022 to a general
purpose-funded program without the approval of the Committees
on Appropriations at least 30 days prior to any such action.
The agreement includes section 246 referencing language in
the 2017 Appropriations Act regarding the verification of
service for coastwise merchant seamen.
The agreement includes section 247 addressing animal
research at the Department of Veterans Affairs.
The agreement includes section 248 requiring the ratio of
veterans to full-time employment equivalents in any
rehabilitation program not to exceed 125 veterans to one full-
time employment equivalent.
The agreement includes section 249 allowing fiscal year
2023 and 2024 ``Medical Community Care'' funds to be used to
cover obligations that otherwise would be paid by the Veterans
Choice Fund, if necessary.
The agreement includes section 250 allowing obligations and
expenditures applicable to the ``Medical Services'' account in
fiscal years 2017 through 2019 for aid to state homes to remain
in the ``Medical Community Care'' account.
The agreement includes section 251 specifying an amount
from the four medical care accounts for gender-specific care
for women.
The agreement includes section 252 allocating funds from
the ``Recurring Expenses Transformational Fund'' established in
section 243 of division J of Public Law 114-113.
The agreement includes section 253 requiring quarterly
reports on the status of the ``Veterans Medical Care and Health
Fund,'' established to execute section 8002 of the American
Rescue Plan.
The agreement includes section 254 providing contributions
from other Federal agencies to VA Non-Profit Corporations for
research with an extended distribution authority on valid
obligations.
The agreement includes section 255 rescinding unobligated
balances.
The agreement includes section 256 to limit funds from
being used to close medical facilities.
The agreement includes section 257 rescinding unobligated
balances.
The agreement includes section 258 to allow use of
unobligated balances to support construction projects in the
CHIP-IN program.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement provides $87,500,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC), an
increase of $700,000 above the budget request. The additional
funds will allow ABMC to not only maintain the cemeteries and
monuments honoring America's war dead, but also to preserve and
communicate these veterans' stories of courage and sacrifice.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement provides such sums as necessary for the
Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement provides $46,900,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims (CAVC). The funding supports a planned expansion of
CAVC's authorization for additional judges, which will help
address growing caseloads.
Evaluating Recurring Appeals Issues.--The Committees are
concerned certain issues involving veterans' claims continue to
surface on appeals to the CAVC. Veterans who disagree with a VA
decision may seek another review by the Administration of
jurisdiction, e.g., the Veterans Benefits Administration, or
they may appeal to the Board of Veterans' Appeals (BVA). After
a BVA decision, veterans may further appeal to the first
tribunal beyond the confines of VA--the CAVC. Despite multiple
layers of review at the Administration or BVA, and despite
years of remands, the CAVC reportedly sees recurring issues
with how VA processes a veteran's claim. Therefore, the
agreement directs the CAVC to provide a report to the
Committees within 90 days of enactment of this Act on the
recurring issues the Court addresses in VA decisions, and the
impact it has on the quality or timeliness of a veteran's
claim.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement provides $93,400,000 for Cemeterial Expenses,
Army--Salaries and Expenses. Within that amount, up to
$15,000,000 in funding is available until September 30, 2025.
CONSTRUCTION
The agreement provides $62,500,000 for Construction,
including $60,000,000 to support Arlington National Cemetery's
Southern Expansion project that would provide approximately
80,000 burial opportunities and extend the life of the
Cemetery. The agreement directs the Cemetery to include in its
required quarterly reports status updates on funds obligated,
including previously appropriated funds, and funds remaining
for the Southern Expansion project, as well as any remaining
unfunded needs to complete the project.
The agreement also provides $2,500,000 to begin the process
of a project to make improvements to Memorial Avenue, and
directs the Cemetery to provide updates on the status of this
study and project, including obligations of funds.
Armed Forces Retirement Home
TRUST FUND
The agreement provides a total of $75,360,000 for the Armed
Forces Retirement Home (AFRH). The funding supports high-
priority capital projects, particularly those currently under
design, as well as operations and maintenance requirements. The
agreement requires AFRH to provide an expenditure plan
detailing the planned use of the funds provided for capital
projects, as directed in House Report 117-391. The agreement
also includes two-year availability of funds for operations and
maintenance.
MAJOR CONSTRUCTION
The agreement provides $77,000,000 in major construction
funding to support renovation of the Sheridan Building on the
Washington campus, which will improve resident safety and
quality of life, address needed maintenance projects, and
provide additional opportunities for AFRH to increase occupancy
rates. The Committees request quarterly reports on the status
of this construction project, including obligations of funds,
anticipated timelines, and any changes to the overall cost of
the project.
Administrative Provision
The agreement includes section 301 permitting funds from
concessions at Army National Military Cemeteries to be used to
support activities at the Cemeteries.
TITLE IV
GENERAL PROVISIONS
The agreement includes section 401 prohibiting the
obligation of funds in this Act beyond the current fiscal year
unless expressly so provided.
The agreement includes section 402 prohibiting the use of
the funds in this Act for programs, projects, or activities not
in compliance with Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
The agreement includes section 403 encouraging all
departments and agencies funded in this Act to expand the use
of ``E-Commerce'' technologies and procedures.
The agreement includes section 404 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 405 prohibiting the transfer
of funds to any department, agency, or instrumentality of the
United States Government without authority from an
appropriations Act.
The agreement includes section 406 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 407 requiring all reports
submitted to Congress to be posted on official web sites of the
submitting agency.
The agreement includes section 408 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.
The agreement includes section 409 prohibiting the use of
funds for the payment of first-class air travel by an employee
of the executive branch.
The agreement includes section 410 prohibiting the use of
funds in this Act for any contract where the contractor has not
complied with E-Verify requirements.
The agreement includes section 411 prohibiting the use of
funds in this Act to construct facilities on military
installations that do not meet resiliency standards.
The agreement includes section 412 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been detained
at the United States Naval Station, Guantanamo Bay, Cuba.
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.
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
[COMMUNITY PROJECT FUNDING/CONGRESSIONALLY DIRECTED SPENDING]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,463,159,000, of
which $844,418,000 may remain available until September 30,
2024, and of which up to $3,813,707,000 may remain available
until expended for Worldwide Security Protection: Provided,
That funds made available under this heading shall be allocated
in accordance with paragraphs (1) through (4), as follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,420,898,000, of which up to $684,767,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,841,831,000.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State, including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation, and disarmament activities as
authorized, $1,043,372,000.
(4) Security programs.--For necessary expenses for
security activities, $3,157,058,000, of which up to
$3,128,940,000 is for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $5,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
(6) Transfer of funds, reprogramming, and other
matters.--
(A) Notwithstanding any other provision of
this Act, funds may be reprogrammed within and
between paragraphs (1) through (4) under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading for Worldwide Security Protection, not
to exceed $50,000,000 may be transferred to,
and merged with, funds made available by this
Act under the heading ``Emergencies in the
Diplomatic and Consular Service'', to be
available only for emergency evacuations and
rewards, as authorized: Provided, That the
exercise of the authority provided by this
subparagraph shall be subject to prior
consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are
available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for
the field examination of programs and
activities in the United States funded from any
account contained in this title.
(D) Funds appropriated under this heading
shall be made available to support the
activities of the Ambassador-at-Large for the
Arctic Region, as described in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(E) Of the amount made available under this
heading, up to $75,000,000 may be transferred
to, and merged with, funds made available in
title I of this Act under the heading ``Capital
Investment Fund'': Provided, That the exercise
of the authority provided by this subparagraph
shall be subject to prior consultation with the
Committees on Appropriations.
(F) The eleventh proviso under the heading
``Diplomatic and Consular Programs'' in the
Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008
(title I of division J of Public Law 110-161)
is amended by inserting ``and for expenses of
rewards programs'' after ``for rewards
payments''.
(G) Consistent with section 204 of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001 (22 U.S.C. 2452b), up to $25,000,000
of the amounts made available under this
heading may be obligated and expended for
United States participation in international
fairs and expositions abroad, including for
construction and operation of a United States
pavilion at Expo 2025.
(H) Of the funds appropriated under this
heading, not less than $2,000,000 shall be made
available for a grant to a postsecondary
educational institution for the purpose of
establishing a program to increase the
participation of undergraduate students in the
Foreign Service, as authorized by section 150
of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2719):
Provided, That such grant program shall
hereafter be named the ``Nancy Pelosi
Fellowship Program''.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$98,500,000, of which $14,775,000 may remain available until
September 30, 2024: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $35,200,000, to remain available until September 30,
2024: Provided, That funds appropriated under this heading that
are made available for the printing and reproduction costs of
SIGAR shall not exceed amounts for such costs during the prior
fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $777,500,000, to remain available
until expended, of which not less than $287,500,000 shall be
for the Fulbright Program and not less than $115,000,000 shall
be for Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further,
That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under
this heading that are made available for the Benjamin Gilman
International Scholarships Program shall also be made available
for the John S. McCain Scholars Program, pursuant to section
7075 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided further, That funds appropriated under
this heading shall be made available for the Arctic Exchange
Program: Provided further, That any substantive modifications
from the prior fiscal year to programs funded by this Act under
this heading shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available until
September 30, 2024.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman
Building, $902,615,000, to remain available until September 30,
2027, of which not to exceed $25,000 may be used for overseas
representation expenses as authorized: Provided, That none of
the funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000, to
remain available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $8,885,000, to remain
available until expended, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
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 such funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $4,753,048.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $34,083,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees collected
from other executive agencies for lease or use of facilities at
the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), and, in addition,
as authorized by section 5 of such Act, $743,000, to be derived
from the reserve authorized by such section, to be used for the
purposes set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions, or specific Acts
of Congress, $1,438,000,000, of which $96,240,000 may remain
available until September 30, 2024: Provided, That the
Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title
31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in
an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget: Provided further, That
any payment of arrearages under this heading shall be directed
to activities that are mutually agreed upon by the United
States and the respective international organization and shall
be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external
borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,481,915,000, of which $740,958,000 may remain available
until September 30, 2024: Provided, That none of the funds made
available by this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in
advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the
mission, the objectives of the mission, the national interest
that will be served, and the exit strategy; and (2) the sources
of funds, including any reprogrammings or transfers, that will
be used to pay the cost of the new or expanded mission, and the
estimated cost in future fiscal years: Provided further, That
none of the funds appropriated under this heading may be made
available for obligation unless the Secretary of State
certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations
is implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human
rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution
in their home countries and making information about such
prosecutions publicly available on the website of the United
Nations: Provided further, That the Secretary of State shall
work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines
that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for any
United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of
a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject
to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation
expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$57,935,000, of which $8,690,000 may remain available until
September 30, 2024.
construction
For detailed plan preparation and construction of authorized
projects, $53,030,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs for the United States Section, up to $5,000,000 may be
transferred to, and merged with, funds appropriated under the
heading ``Salaries and Expenses'' to carry out the purposes of
the United States Section, which shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such
transfer authority is in addition to any other transfer
authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
technical assistance grants and the Community Assistance
Program of the North American Development Bank, $16,204,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $1,250,000 may remain
available until September 30, 2024, and up to $9,000 may be
made available for representation expenses: Provided further,
That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$65,719,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle
East, $875,000,000, of which $43,750,000 may remain available
until September 30, 2024: Provided, That in addition to amounts
otherwise available for such purposes, up to $60,708,000 of the
amount appropriated under this heading may remain available
until expended for satellite transmissions and Internet freedom
programs, of which not less than $40,000,000 shall be for
Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000
may be used for representation expenses, of which $10,000 may
be used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That funds appropriated under this heading
shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided further, That notwithstanding the previous
proviso, funds may be reprogrammed within and between amounts
designated in such table, subject to the regular notification
procedures of the Committees on Appropriations, except that no
such reprogramming may reduce a designated amount by more than
5 percent: Provided further, That funds appropriated under this
heading shall be made available in accordance with the
principles and standards set forth in section 303(a) and (b) of
the United States International Broadcasting Act of 1994 (22
U.S.C. 6202) and section 305(b) of such Act (22 U.S.C. 6204):
Provided further, That the USAGM Chief Executive Officer shall
notify the Committees on Appropriations within 15 days of any
determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform
for international terrorists or those who support international
terrorism, or is in violation of the principles and standards
set forth in section 303(a) and (b) of such Act or the entity's
journalistic code of ethics: Provided further, That in addition
to funds made available under this heading, and notwithstanding
any other provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to $500,000
in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified to
Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and television),
for all USAGM language services shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That up to $5,000,000 from the USAGM Buying
Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading
``International Broadcasting Operations'', which shall remain
available until expended: Provided further, That such transfer
authority is in addition to any transfer authority otherwise
available under any other provision of law and shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television, and
digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $22,000,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $55,000,000, to remain available
until September 30, 2024, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2023, to remain available until
expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2023, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or
for purposes which are not in accordance with section 200 of
title 2 of the Code of Federal Regulations, including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2023, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $315,000,000, to
remain available until expended, of which $205,632,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $109,368,000 shall be for
democracy programs: Provided, That the requirements of section
7062(a) of this Act shall not apply to funds made available
under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $819,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph (3)
of section 312304(b) of such chapter: Provided further, That
such authority shall terminate on October 1, 2023: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431
et seq.), $3,500,000, to remain available until September 30,
2024, including not more than $4,000 for representation
expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than
$6,000 for representation expenses, to remain available until
September 30, 2024.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized by
title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911 et seq.), $2,300,000, including not more than $3,000 for
representation expenses, to remain available until September
30, 2024.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2024: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of Public
Law 111-117) shall continue in effect during fiscal year 2023
and shall apply to funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,743,350,000, of
which up to $261,503,000 may remain available until September
30, 2024: Provided, That none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund''
in this title may be made available to finance the construction
(including architect and engineering services), purchase, or
long-term lease of offices for use by the United States Agency
for International Development, unless the USAID Administrator
has identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for the
expenditure of such funds through the following fiscal year:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 may be available for
representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses, and
not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year: Provided
further, That of the funds appropriated under this heading, up
to $20,000,000 may be transferred to, and merged with, funds
appropriated or otherwise made available in title II of this
Act under the heading ``Capital Investment Fund'', subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $259,100,000, to
remain available until expended: Provided, That this amount is
in addition to funds otherwise available for such purposes:
Provided further, That funds appropriated under this heading
shall be available subject to the regular notification
procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $80,500,000, of
which up to $12,075,000 may remain available until September
30, 2024, for the Office of Inspector General of the United
States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $4,165,950,000, to
remain available until September 30, 2024, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health institutions
and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare
for, and respond to unanticipated and emerging global health
threats, including zoonotic diseases; and (8) family planning/
reproductive health: Provided further, That funds appropriated
under this paragraph may be made available for United States
contributions to The GAVI Alliance and to a multilateral
vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the United
States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided
further, That any determination made under the previous proviso
must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act
may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or
against abortion: Provided further, That in order to reduce
reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which
offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and
services, and that any such voluntary family planning project
shall meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning (this provision shall
not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the
right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual's decision not to accept family planning
services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those
adverse side effects known to be consequent to the use of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed
to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall
include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $6,395,000,000, to remain available until September 30,
2027, which shall be apportioned directly to the Department of
State: Provided, That funds appropriated under this paragraph
may be made available, notwithstanding any other provision of
law, except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That
the amount of such contribution shall be $2,000,000,000:
Provided further, That up to 5 percent of the aggregate amount
of funds made available to the Global Fund in fiscal year 2023
may be made available to USAID for technical assistance related
to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
paragraph, up to $17,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$4,368,613,000, to remain available until September 30, 2024:
Provided, That funds made available under this heading shall be
apportioned to the United States Agency for International
Development.
international disaster assistance
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international
disaster relief, rehabilitation, and reconstruction assistance,
$3,905,460,000, to remain available until expended: Provided,
That funds made available under this heading shall be
apportioned to the United States Agency for International
Development not later than 60 days after the date of enactment
of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency for
International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$80,000,000, to remain available until expended: Provided, That
such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize
basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall
submit a report to the Committees on Appropriations at least 5
days prior to beginning a new, or terminating a, program of
assistance: Provided further, That if the Secretary of State
determines that it is important to the national interest of the
United States to provide transition assistance in excess of the
amount appropriated under this heading, up to $15,000,000 of
the funds appropriated by this Act to carry out the provisions
of part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94), $60,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading shall be
apportioned to the United States Agency for International
Development.
economic support fund
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$4,301,301,000, to remain available until September 30, 2024.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$222,450,000, to remain available until September 30, 2024,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated
under this heading that are made available to the National
Endowment for Democracy and its core institutes are in addition
to amounts otherwise made available by this Act for such
purposes: Provided further, That the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, shall
consult with the Committees on Appropriations prior to the
initial obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $133,250,000, to
remain available until September 30, 2024, which shall be made
available for the Bureau for Development, Democracy, and
Innovation, United States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102-511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101-179), $500,334,000, to
remain available until September 30, 2024, which shall be
available, notwithstanding any other provision of law, except
section 7047 of this Act, for assistance and related programs
for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for
such purposes: Provided, That funds appropriated by this Act
under the headings ``Global Health Programs'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of the FREEDOM Support Act and section 601 of the
SEED Act of 1989: Provided further, That funds appropriated
under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities
contained in that Act for the use of economic assistance:
Provided further, That funds appropriated under this heading
may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section
2(a) and (b) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601), and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.); allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $2,912,188,000, to
remain available until expended, of which $5,000,000 shall be
made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), $100,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and
merged with, funds made available by this Act under the heading
``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$430,500,000, of which $7,300,000 is for the Office of
Inspector General, to remain available until September 30,
2024: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may not
be derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated
under this heading, not to exceed $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be
made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of
this Act, the Peace Corps shall consult with the Committees on
Appropriations prior to any decision to open, close, or suspend
a domestic or overseas office or a country program unless there
is a substantial risk to volunteers or other Peace Corps
personnel: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall
apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $930,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading, up
to $130,000,000 may be available for administrative expenses of
the Millennium Challenge Corporation: Provided further, That
section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to
funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available for
a Millennium Challenge Compact entered into pursuant to section
609 of the MCA (22 U.S.C. 7708) only if such Compact obligates,
or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties
to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the
Compact: Provided further, That of the funds appropriated under
this heading, not to exceed $100,000 may be available for
representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $47,000,000,
to remain available until September 30, 2024: Provided, That of
the funds appropriated under this heading, not to exceed $2,000
may be available for representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et
seq.), $45,000,000, to remain available until September 30,
2024, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF): Provided
further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development
Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional
circumstances the Board of Directors of the USADF may waive the
$250,000 limitation contained in that section with respect to a
project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each
time such waiver authority is exercised: Provided further, That
the USADF may make rent or lease payments in advance from
appropriations available for such purpose for offices,
buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF
may maintain bank accounts outside the United States Treasury
and retain any interest earned on such accounts, in furtherance
of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any
appropriation from the Treasury prior to the need of spending
such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $38,000,000, to
remain available until expended, of which not more than
$9,500,000 may be used for administrative expenses: Provided,
That amounts made available under this heading may be made
available to contract for services as described in section
129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' there is appropriated
$52,000,000, to remain available until September 30, 2026, for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees for,
or credits extended to, such countries as the President may
determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to
multilateral debt restructurings, including Paris Club debt
restructurings and the ``Common Framework for Debt Treatments
beyond the Debt Service Suspension Initiative'': Provided, That
such amounts may be used notwithstanding any other provision of
law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been
appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the
costs of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries pursuant to part V of the Foreign Assistance
Act of 1961, $20,000,000, to remain available until September
30, 2026.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,391,004,000, to remain
available until September 30, 2024: Provided, That the
Department of State may use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the
United States Government for the purpose of providing such
property to a foreign country or international organization
under chapter 8 of part I of such Act, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be
made available to support training and technical assistance for
foreign law enforcement, corrections, judges, and other
judicial authorities, utilizing regional partners: Provided
further, That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds made available under this heading for
Program Development and Support may be made available
notwithstanding pre-obligation requirements contained in this
Act, except for the notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $921,000,000, to
remain available until September 30, 2024, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II
of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act (22 U.S.C. 5854), section 23 of the Arms
Export Control Act (22 U.S.C. 2763), or the Foreign Assistance
Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission,
and for a voluntary contribution to the International Atomic
Energy Agency (IAEA): Provided, That funds made available under
this heading for the Nonproliferation and Disarmament Fund
shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
IAEA unless the Secretary of State determines that Israel is
being denied its right to participate in the activities of that
Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining
and related activities, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of such
programs and activities, subject to the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $460,759,000, of
which $330,000,000 may remain available until September 30,
2024: Provided, That funds appropriated under this heading may
be used, notwithstanding section 660 of the Foreign Assistance
Act of 1961, to provide assistance to enhance the capacity of
foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That
of the funds appropriated under this heading, not less than
$25,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That funds appropriated under
this heading may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the same
terms and conditions, as applicable, as funds appropriated by
this Act under the heading ``Contributions for International
Peacekeeping Activities'': Provided further, That funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $112,925,000, to
remain available until September 30, 2024: Provided, That the
civilian personnel for whom military education and training may
be provided under this heading may include civilians who are
not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That of the funds appropriated under this heading,
$3,000,000 shall remain available until expended to increase
the participation of women in programs and activities funded
under this heading, following consultation with the Committees
on Appropriations: Provided further, That of the funds
appropriated under this heading, not to exceed $50,000 may be
available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,053,049,000: Provided, That to
expedite the provision of assistance to foreign countries and
international organizations, the Secretary of State, following
consultation with the Committees on Appropriations and subject
to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure
defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be obligated
upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurement has first signed an agreement with the United
States Government specifying the conditions under which such
procurement may be financed with such funds: Provided, That all
country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That a country
that is a member of the North Atlantic Treaty Organization
(NATO) or is a major non-NATO ally designated by section 517(b)
of the Foreign Assistance Act of 1961 may utilize funds made
available under this heading for procurement of defense
articles, defense services, or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales, except that this limitation may
be exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of the
funds made available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,253,810,229 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2023 pursuant to section 43(b) of the Arms Export Control
Act (22 U.S.C. 2792(b)), except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $508,600,000:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations
Democracy Fund: Provided further, That not later than 60 days
after the date of enactment of this Act, such funds shall be
made available for core contributions for each entity listed in
the table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) unless otherwise provided for in this
Act, or if the Secretary of State has justified to the
Committees on Appropriations the proposed uses of funds other
than for core contributions following prior consultation with,
and subject to the regular notification procedures of, such
Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $150,200,000, to remain
available until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000,
to remain available until expended: Provided, That up to
$125,000,000 of such amount shall be available to cover costs,
as defined in section 502 of the Congressional Budget Act of
1974, of direct loans issued to the Clean Technology Fund:
Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans
without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital
stock, $206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not to
exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,430,256,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development
Fund by the Secretary of the Treasury, $43,610,000, to remain
available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of the increases in capital stock, $54,648,752, to
remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of increases in
capital stock in an amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until
expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $43,000,000, to
remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security
Program by the Secretary of the Treasury, $10,000,000, to
remain available until expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the
Poverty Reduction and Growth Trust or the Resilience and
Sustainability Trust of the International Monetary Fund,
$20,000,000, to remain available until September 30, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
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.), $7,500,000, of which up to $1,125,000 may
remain available until September 30, 2024.
program account
The Export-Import Bank of the United States is authorized to
make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
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 for the current fiscal year for such
corporation: Provided, That none of the funds available during
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a
nuclear explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by section
3109 of title 5, United States Code, and not to exceed $30,000
for official reception and representation expenses for members
of the Board of Directors, not to exceed $125,000,000, of which
up to $18,750,000 may remain available until September 30,
2024: Provided, That the Export-Import Bank (the Bank) may
accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) of such
section shall remain in effect until September 30, 2023:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets
acquired by the Bank in satisfaction of moneys owed the Bank,
or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or
insurance commitment has been made, or systems infrastructure
directly supporting transactions: Provided further, That in
addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, not to exceed $15,000,000,
to remain available until September 30, 2026: 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 such funds shall remain available
until September 30, 2038, for the disbursement of direct loans,
loan guarantees, insurance and tied-aid grants obligated in
fiscal years 2023 through 2026.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of
1945 (Public Law 79-173) and the Federal Credit Reform Act of
1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
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.), $5,583,000, to remain available until
September 30, 2024.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures 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 programs for the current
fiscal year for the Corporation: Provided, That for necessary
expenses of the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254) and for administrative
expenses to carry out authorized activities and project-
specific transaction costs described in section 1434(d) of such
Act, $1,000,000,000: Provided further, That of the amount
provided--
(1) $220,000,000 shall remain available until
September 30, 2025, for administrative expenses to
carry out authorized activities (including an amount
for official reception and representation expenses
which shall not exceed $25,000) and project-specific
transaction costs as described in section 1434(k) of
such Act; and
(2) $780,000,000 shall remain available until
September 30, 2025, for the activities described in
subsections (b), (c), (e), (f), and (g) of section 1421
of the BUILD Act of 2018, except such amounts obligated
in a fiscal year for activities described in section
1421(c) of such Act shall remain available for
disbursement for the term of the underlying project:
Provided further, That amounts made available under
this paragraph may be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b),
(e), (f), and (g) of section 1421 of the BUILD Act of
2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
for support by the Corporation in upper-middle income countries
shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That in fiscal year 2023
collections of amounts described in section 1434(h) of the
BUILD Act of 2018 shall be credited as offsetting collections
to this appropriation: Provided further, That such collections
collected in fiscal year 2023 in excess of $1,000,000,000 shall
be credited to this account and shall be available in future
fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That in fiscal year
2023, if such collections are less than $1,000,000,000,
receipts collected pursuant to the BUILD Act of 2018 and the
Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or
otherwise made available under this heading may not be used to
provide any type of assistance that is otherwise prohibited by
any other provision of law or to provide assistance to any
foreign country that is otherwise prohibited by any other
provision of law: Provided further, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described
under this heading so as to result in a final fiscal year
appropriation from the General Fund estimated at $588,000,000.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2025: Provided, That
amounts paid to this account from CCA or transferred to this
account pursuant to section 1434(j) of the BUILD Act of 2018
(division F of Public Law 115-254) shall be available for the
costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the
costs of modifying loans and loan guarantees transferred to the
Corporation pursuant to section 1463 of such Act: 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: Provided further, That such amounts
obligated in a fiscal year shall remain available for
disbursement for the following 8 fiscal years: Provided
further, That funds made available in this Act and transferred
to carry out the Foreign Assistance Act of 1961 pursuant to
section 1434(j) of the BUILD Act of 2018 may remain available
for obligation for 1 additional fiscal year: Provided further,
That the total loan principal or guaranteed principal amount
shall not exceed $8,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $87,000,000, to
remain available until September 30, 2024, of which no more
than $21,000,000 may be used for administrative expenses:
Provided, That of the funds appropriated under this heading,
not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31, United
States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative unobligated
balances and obligated, but unexpended, balances by program,
project, and activity, and Treasury Account Fund Symbol of all
funds received by such department or agency in fiscal year 2023
or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be
submitted not later than 30 days after the end of each fiscal
quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been
further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title
I of 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.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act), as amended by section 111 of the Department of State
Authorities Act, Fiscal Year 2017 (Public Law 114-323), a
project to construct a facility of the United States may
include office space or other accommodations for members of the
United States Marine Corps.
(b) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
which may be made available for the acquisition of property or
award of construction contracts for overseas United States
diplomatic facilities during fiscal year 2023, shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided, That
notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 117-401.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by
this Act under the heading ``Embassy Security,
Construction, and Maintenance'' may be made available,
following consultation with the appropriate
congressional committees, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical
security upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other
provision of law, the opening, closure, or any
significant modification to an interim or temporary
United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional
committees and the regular notification procedures of
the Committees on Appropriations, except that such
consultation and notification may be waived if there is
a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance'' may
be made available for security upgrades to soft targets,
including schools, recreational facilities, and residences used
by United States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I 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 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law
96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance or
reparations for the governments of Cuba, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct
loans, credits, insurance, and guarantees of the Export-Import
Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated
or otherwise made available pursuant to titles III through VI
of this Act shall be obligated or expended to finance directly
any assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government if
the Secretary of State certifies and reports to the appropriate
congressional committees that subsequent to the termination of
assistance a democratically elected government has taken
office: Provided further, That the provisions of this section
shall not apply to assistance to promote democratic elections
or public participation in democratic processes, or to support
a democratic transition: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation
with the heads of relevant Federal agencies, may waive the
restriction in this section on a program-by-program basis if
the Secretary certifies and reports to the Committees on
Appropriations that such waiver is in the national security
interest of the United States: Provided, That funds made
available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of
any appropriation made available for the
current fiscal year for the Department of State
under title I of this Act may be transferred
between, and merged with, such appropriations,
but no such appropriation, except as otherwise
specifically provided, shall be increased by
more than 10 percent by any such transfers, and
no such transfer may be made to increase the
appropriation under the heading
``Representation Expenses''.
(B) Embassy security.--Funds appropriated
under the headings ``Diplomatic Programs'',
including for Worldwide Security Protection,
``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the
Diplomatic and Consular Service'' in this Act
may be transferred to, and merged with, funds
appropriated under such headings if the
Secretary of State determines and reports to
the Committees on Appropriations that to do so
is necessary to implement the recommendations
of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or
respond to security situations and
requirements, following consultation with, and
subject to the regular notification procedures
of, such Committees: Provided, That such
transfer authority is in addition to any
transfer authority otherwise available in this
Act and under any other provision of law.
(2) United states agency for global media.--Not to
exceed 5 percent of any appropriation made available
for the current fiscal year for the United States
Agency for Global Media under title I of this Act may
be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer
pursuant to this subsection shall be treated as a
reprogramming of funds under section 7015 of this Act
and shall not be available for obligation or
expenditure except in compliance with the procedures
set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available
under titles II through V 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.
(2) Allocation and transfers.--Notwithstanding
paragraph (1), in addition to transfers made by, or
authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to
the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-
254).
(3) Notification.--Any agreement entered into by the
United States Agency for International Development or
the Department of State with any department, agency, or
instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts
making appropriations for the Department of State,
foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the
Department of State.
(c) United States International Development Finance
Corporation.--
(1) Transfers.--Amounts transferred pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254) may only be transferred from funds
made available under title III of this Act: Provided,
That any such transfers, and any amounts transferred to
the United States International Development Finance
Corporation (the Corporation) pursuant to section 632
of the Foreign Assistance Act of 1961, shall be subject
to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations: Provided further, That the Secretary of
State, the Administrator of the United States Agency
for International Development, and the Chief Executive
Officer of the Corporation, as appropriate, shall
ensure that the programs funded by such transfers are
coordinated with, and complement, foreign assistance
programs implemented by the Department of State and
USAID: Provided further, That no funds transferred
pursuant to section 1434(j) of the BUILD Act of 2018
may be used by the Corporation to post personnel
abroad.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
transferred to accounts under the heading ``United
States International Development Finance Corporation''
and, when so transferred, may be used for the costs of
activities described in subsections (b) and (c) of
section 1421 of the BUILD Act of 2018: Provided, That
such funds shall be subject to the limitations provided
in the second, third, and fifth provisos under the
heading ``United States International Development
Finance Corporation--Program Account'' in this Act:
Provided further, That any transfer executed pursuant
to the transfer authority provided in this paragraph
shall not exceed 10 percent of an individual Compact
awarded pursuant to section 609(a) of the Millennium
Challenge Act of 2003 (title VI of Public Law 108-199):
Provided further, That such funds shall not be
available for administrative expenses of the United
States International Development Finance Corporation:
Provided further, That such authority shall be subject
to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations: Provided further, That the transfer
authority provided in this section is in addition to
any other transfer authority provided by law: Provided
further, That within 60 days of the termination in
whole or in part of the Compact from which funds were
transferred under this authority to the United States
International Development Finance Corporation, any
unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the
regular notification procedures of the Committees on
Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than 5
days prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults with
and provides a written policy justification to the Committees
on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement
for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs entered into
between the Department of State or USAID and another agency of
the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961, or any comparable
provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit
responsibility if the receiving agency does not have an IG,
shall perform periodic program and financial audits of the use
of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That
such audits shall be transmitted to the Committees on
Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under
such authority may be made available for the cost of such
audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and agencies
funded by this Act in contravention of section 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block access
to sexually explicit websites: Provided, That nothing in this
subsection shall limit the use of funds necessary for any
Federal, State, Tribal, or local law enforcement agency, or any
other entity carrying out the following activities: criminal
investigations, prosecutions, and adjudications; administrative
discipline; and the monitoring of such websites undertaken as
part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products (including
electronic nicotine delivery systems), or to seek the reduction
or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products (including electronic
nicotine delivery systems), except for restrictions which are
not applied equally to all tobacco or tobacco products
(including electronic nicotine delivery systems) of the same
type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic
Programs'' and ``Capital Investment Fund'' in title I, and
``Operating Expenses'' and ``Capital Investment Fund'' in title
II that are made available to the Department of State and the
United States Agency for International Development may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public
Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this
Act, and the Department of the Treasury and independent
agencies funded in titles III or VI of this Act, shall take
steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of
the Executive Branch;
(2) are principally for meals and events of a
protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially
of a recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the
headings ``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided by this
Act: Provided, That funds appropriated for the purposes of
chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8,
and 9 of part II of the Foreign Assistance Act of 1961, section
23 of the Arms Export Control Act (22 U.S.C. 2763), and funds
made available for ``United States International Development
Finance Corporation'' and under the heading ``Assistance for
Europe, Eurasia and Central Asia'' shall remain available for
an additional 4 years from the date on which the availability
of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United
States Agency for International Development shall provide a
report to the Committees on Appropriations not later than
October 31, 2023, detailing by account and source year, the use
of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless
the President determines, following consultation with the
Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2023 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance programs,
either directly or through grantees, contractors, and
subcontractors, shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2024 and for prior
fiscal years and allocated for the central government of such
country or for the West Bank and Gaza program, as applicable,
if, not later than September 30, 2024, such taxes have not been
reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall
not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports
to the Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) Consultation.--The Secretary of State shall
consult with the Committees on Appropriations at least
15 days prior to exercising the authority of this
subsection with regard to any foreign government or
entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate,
to implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral
agreement'' refers to a framework bilateral agreement
between the Government of the United States and the
government of the country receiving assistance that
describes the privileges and immunities applicable to
United States foreign assistance for such country
generally, or an individual agreement between the
Government of the United States and such government
that describes, among other things, the treatment for
tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and
taxation'' shall include value added taxes and customs
duties but shall not include individual income taxes
assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance with
the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and
conditions as originally provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of
availability of funds appropriated by this Act and administered
by the Department of State or the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act may
be extended for an additional fiscal year if the Secretary of
State or the USAID Administrator, as appropriate, determines
and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such designated
funds can be obligated during the original period of
availability: Provided, That such designated funds that
continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds
or authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects,
and Activities.--None of the funds made available in titles I,
II, and VI, and under the headings ``Peace Corps'' and
``Millennium Challenge Corporation'', of this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2023, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees or of currency reflows or other offsetting collections,
or made available by transfer, to the departments and agencies
funded by this Act, shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or
activity;
(3) close, suspend, open, or reopen a mission or
post;
(4) create, close, reorganize, downsize, or rename
bureaus, centers, or offices; or
(5) contract out or privatize any functions or
activities presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such
obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I, II, and VI of this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, to the departments and
agencies funded under such titles that remain available for
obligation 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 department and agency funded under
title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects,
or activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(4) 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 Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Peace Corps'', ``Millennium Challenge
Corporation'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign
Military Financing Program'', ``International Organizations and
Programs'', ``United States International Development Finance
Corporation'', and ``Trade and Development Agency'' shall be
available for obligation for programs, projects, activities,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are
notified 15 days in advance of such obligation: Provided, That
the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles,
not previously justified to Congress or 20 percent in excess of
the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for a program, project, or
activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount
previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this
Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available to support or continue
any program initially funded under any authority of
title 10, United States Code, or any Act making or
authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with
the regular notification procedures of the Committees
on Appropriations, submits a justification to such
Committees that includes a description of, and the
estimated costs associated with, the support or
continuation of such program.
(2) Funding.--Notwithstanding any other provision of
law, funds transferred by the Department of Defense to
the Department of State and the United States Agency
for International Development for assistance for
foreign countries and international organizations shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior
to providing excess Department of Defense articles in
accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same
extent and under the same conditions as other
committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell
excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the
regular notification procedures of such Committees if
such defense articles are significant military
equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the
use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of
the original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Committees on Appropriations shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain
an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan, Bahrain,
Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Nicaragua, Pakistan, Philippines, the Russian Federation,
Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia,
Venezuela, Yemen, and Zimbabwe except as provided through the
regular notification procedures of the Committees on
Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution shall be subject to
the regular notification procedures of the Committees on
Appropriations, and such notification shall include the
information specified under this section in House Report 117-
401.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under
title I of this Act under the heading ``Diplomatic
Programs'' that are made available for lateral entry
into the Foreign Service shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act
that are made available for the following programs and
activities shall be subject to the regular notification
procedures of the Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa
initiatives;
(C) community-based police assistance
conducted pursuant to the authority of section
7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and
the Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the
Countering Russian Influence Fund;
(G) the Gender Equity and Equality Action
Fund; and
(H) funds specifically allocated for the
Partnership for Global Infrastructure and
Investment.
(3) Democracy program policy and procedures.--
Modifications to democracy program policy and
procedures, including relating to the use of consortia,
by the Department of State and USAID shall be subject
to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776), and such documents
submitted pursuant to section 36(b) through (d) of such
Act with respect to countries that have received
assistance provided with funds appropriated by this Act
or prior Acts making appropriations for the Department
of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the
source of funds for any sale or transfer, as
applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification procedures
of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of State,
the Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief
Executive Officer of the Millennium Challenge Corporation shall
consult with the Committees on Appropriations at least 7 days
prior to informing a government of, or publicly announcing a
decision on, the suspension or early termination of assistance
to a country or a territory, including as a result of an
interagency review of such assistance, from funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed
justification for such suspension, including a description of
the assistance being suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to
the auditing requirements of the Department of State and the
United States Agency for International Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress
by any Federal agency receiving funds made available by
this Act shall be posted on the public Web site of such
agency not later than 45 days following the receipt of
such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would
compromise national security, including the
conduct of diplomacy;
(B) the report contains proprietary or other
privileged information; or
(C) the public posting of the report is
specifically exempted in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only
after the report has been made available to the
Committees on Appropriations.
(c) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies,
directives, and oversight necessary to comply with
Federal statutes, regulations, and presidential
executive orders and memoranda concerning the
preservation of all records made or received in the
conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the
headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior
officials, that all Federal records generated by such
employees belong to the Federal Government;
(4) substantially reduce, compared to the previous
fiscal year, the response time for identifying and
retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain, improve the process to identify and remove
inactive user accounts, update and enforce guidance
related to the control of national security
information, and implement the recommendations of the
applicable reports of the cognizant Office of Inspector
General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available in the amounts specifically designated in the
respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such designated amounts
for foreign countries and international organizations shall
serve as the amounts for such countries and international
organizations transmitted to Congress in the report required by
section 653(a) of the Foreign Assistance Act of 1961, and shall
be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of
such report.
(b) Authorized Deviations.--Unless otherwise provided for by
this Act, the Secretary of State and the Administrator of the
United States Agency for International Development, as
applicable, may only deviate up to 10 percent from the amounts
specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such percentage may be exceeded only if the Secretary of State
or USAID Administrator, as applicable, determines and reports
in writing to the Committees on Appropriations on a case-by-
case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national
security interest of the United States, including a description
of such events or circumstances: Provided further, That
deviations pursuant to the preceding proviso shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961,
deviations authorized by subsection (b) may only take place
after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International
Military Education and Training'' in the
respective tables included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from
amounts designated in the respective tables included in
the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act) shall not apply to the table included under the
heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for
``Global Programs'' in the table under the heading
``Economic Support Fund'' included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act), the
matter preceding the first proviso in subsection (b) of
this section shall be applied by substituting ``5
percent'' for ``10 percent'', and the provisos in such
subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House Report
117-401 and the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
unless otherwise directed in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration
and Refugee Assistance'' shall not be included for purposes of
meeting amounts designated for countries in this Act, unless
such headings are specifically designated as the source of
funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future
year funding for any multilateral or bilateral program funded
in titles III through VI of this Act unless such pledge was:
(1) previously justified, including the projected future year
costs, in a congressional budget justification; (2) included in
an Act making appropriations for the Department of State,
foreign operations, and related programs or previously
authorized by an Act of Congress; (3) notified in accordance
with the regular notification procedures of the Committees on
Appropriations, including the projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of
this Act may be made available to any foreign
government which provides lethal military equipment to
a country the government of which the Secretary of
State has determined supports international terrorism
for purposes of section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)): Provided, That
the prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment:
Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by
paragraph (1) or any other similar provision of law,
may be furnished if the President determines that to do
so is important to the national interest of the United
States.
(3) Report.--Whenever the President makes a
determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a
report with respect to the furnishing of such
assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the
assistance furthers the United States national
interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and
funds appropriated under any such title in prior Acts
making appropriations for the Department of State,
foreign operations, and related programs, shall not be
made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act
of international terrorism;
(B) otherwise supports international
terrorism; or
(C) is controlled by an organization
designated as a terrorist organization under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application
of paragraph (1) to a government if the President
determines that national security or humanitarian
reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the
waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2680), section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act, ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``Foreign Military Financing Program''
accounts, ``program, project, and activity'' shall also be
considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for
International Development, ``program, project, and activity''
shall also be considered to include central, country, regional,
and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance
with the report required by section 653(a) of the
Foreign Assistance Act of 1961 or as modified pursuant
to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act
for direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the United States
International Development Finance Corporation shall be
obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the assistance
will cause substantial injury to United States producers of the
same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for
assistance from the International Development
Association, is not eligible for assistance from the
International Bank for Reconstruction and Development,
and does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines
is recovering from widespread conflict, a humanitarian
crisis, or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution, using funds appropriated or otherwise made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in
the generation of local currencies of that country, the
Administrator of the United States Agency for
International Development shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of USAID and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance
Act of 1961 (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be), any
unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed
to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to
the government of a foreign country, under chapter 1 or
10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance, including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by such
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of paragraph (1)
only through the regular notification procedures of the
Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions
against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2023, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 1721
et seq.): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
disability programs
Sec. 7028. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of
individuals with disabilities, including for the cost of
translation: Provided, That funds shall be made available to
support disability rights advocacy organizations in developing
countries.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may be
used by USAID for management, oversight, and technical support.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage such institution to adopt and
implement a publicly available policy, including the strategic
use of peer reviews and external experts, to conduct
independent, in-depth evaluations of the effectiveness of at
least 35 percent of all loans, grants, programs, and
significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure
that decisions to support such loans, grants, programs, and
activities are based on accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development
and the International Development Association to use
the voice and vote of the United States to oppose any
loan, grant, policy, or strategy if such institution
has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant,
policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--
The Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose loans or other financing for
projects unless such projects--
(A) provide for accountability and
transparency, including the collection,
verification, and publication of beneficial
ownership information related to extractive
industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in
accordance with best practices regarding
environmental conservation, cultural
protection, and empowerment of local
populations, including free, prior and informed
consent of affected Indigenous communities;
(C) do not provide incentives for, or
facilitate, forced displacement or other
violations of human rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed
forces.
(c) Compensation.--None of the funds appropriated under title
V of this Act may be made as payment to any international
financial institution while the United States executive
director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
executive director receives from the United States, is in
excess of the rate provided for an individual occupying a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence and
risk management, as appropriate, in connection with any loan,
grant, policy, or strategy of such institution in accordance
with the requirements specified under this section in House
Report 117-401.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute, and
punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of
the United States to encourage such institution to collect,
verify, and publish, to the maximum extent practicable,
beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company,
other than a publicly listed company, that receives funds from
any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage such institution to effectively
implement and enforce policies and procedures which meet or
exceed best practices in the United States for the protection
of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and
lawful public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative
bodies, including shared cost and selection external
arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support independent
investigative and adjudicative mechanisms and procedures that
meet or exceed best practices in the United States to provide
due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other
misconduct.
(i) Capital Increases.--None of the funds appropriated by
this Act may be made available to support a new capital
increase for an international financial institution unless the
President submits a budget request for such increase to
Congress and determines and reports to the Committees on
Appropriations that--
(1) the institution has completed a thorough analysis
of the development challenges facing the relevant
geographical region, the role of the institution in
addressing such challenges and its role relative to
other financing partners, and the steps to be taken to
enhance the efficiency and effectiveness of the
institution; and
(2) the governors of such institution have approved
the capital increase.
technology security
Sec. 7030. (a) Insecure Communications Networks.--Funds
appropriated by this Act shall be made available for programs,
including through the Digital Connectivity and Cybersecurity
Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving
assistance under this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs;
(2) counter the establishment of insecure
communications networks and services, including 5G,
promoted by the People's Republic of China and other
state-backed enterprises that are subject to undue or
extrajudicial control by their country of origin; and
(3) provide policy and technical training on
deploying open, interoperable, reliable, and secure
networks to information communication technology
professionals in countries receiving assistance under
this Act, as appropriate:
Provided, That such funds, including funds appropriated under
the heading ``Economic Support Fund'', may be used to
strengthen civilian cybersecurity and information and
communications technology capacity, including participation of
foreign law enforcement and military personnel in non-military
activities, notwithstanding any other provision of law and
following consultation with the Committees on Appropriations.
(b) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Within 45 days of enactment of this Act, the
Secretary of State shall allocate amounts made
available from the Creating Helpful Incentives to
Produce Semiconductors (CHIPS) for America
International Technology Security and Innovation Fund
for fiscal year 2023 pursuant to the transfer authority
in section 102(c)(1) of the CHIPS Act of 2022 (division
A of Public Law 117-167), to the accounts specified and
in the amounts specified, in the table titled ``CHIPS
for America International Technology Security and
Innovation Fund'' in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
such funds shall be subject to prior consultation with,
and the regular notification procedures of, the
Committees on Appropriations.
(2) Neither the President nor his designee may
allocate any amounts that are made available for any
fiscal year under section 102(c)(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 State, Foreign Operations, and Related
Programs: 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
International Technology Security and Innovation Fund,
which may be allocated pursuant to the transfer
authority in section 102(c)(1) of the CHIPS Act of 2022
only in amounts that are no more than the allocation
for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of
the President for fiscal year 2024, the Secretary of
State shall submit to the Committees on Appropriations
proposed allocations by account and by program,
project, or activity, with detailed justifications, for
amounts made available under section 102(c)(2) of the
CHIPS Act of 2022 for fiscal year 2024.
(4) The Secretary of State shall provide the
Committees on Appropriations quarterly reports on the
status of balances of projects and activities funded by
the CHIPS for America International Technology Security
and Innovation Fund for amounts allocated pursuant to
paragraph (1) of this subsection, including all
uncommitted, committed, and unobligated funds.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may
be made available for direct government-to-government
assistance only if--
(A) the requirements included in section
7031(a)(1)(A) through (E) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met; and
(B) the government of the recipient country
is taking steps to reduce corruption.
(2) Consultation and notification.--In addition to
the requirements in paragraph (1), funds may only be
made available for direct government-to-government
assistance subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity
meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall
only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of
the United States Agency for International Development
or the Secretary of State, as appropriate, shall
suspend any direct government-to-government assistance
if the Administrator or the Secretary has credible
information of material misuse of such assistance,
unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such
misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of
State shall submit to the Committees on Appropriations,
concurrent with the fiscal year 2024 congressional
budget justification materials, amounts planned for
assistance described in paragraph (1) by country,
proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the
funds made available by this Act may be used by the
government of any foreign country for debt service
payments owed by any country to any international
financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and
strengthen the ``minimum requirements of fiscal
transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of
State, not later than 180 days after the date of
enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of
State website: Provided, That such report shall include
the elements included under this section in House
Report 117-401.
(3) Assistance.--Not less than $7,000,000 of the
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs and activities to assist governments
identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations
in such countries that promote budget transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and
their immediate family members about whom the
Secretary of State has credible information
have been involved, directly or indirectly, in
significant corruption, including corruption
related to the extraction of natural resources,
or a gross violation of human rights, including
the wrongful detention of locally employed
staff of a United States diplomatic mission or
a United States citizen or national, shall be
ineligible for entry into the United States.
(B) Concurrent with the application of
subparagraph (A), the Secretary shall, as
appropriate, refer the matter to the Office of
Foreign Assets Control, Department of the
Treasury, to determine whether to apply
sanctions authorities in accordance with United
States law to block the transfer of property
and interests in property, and all financial
transactions, in the United States involving
any person described in such subparagraph.
(C) The Secretary shall also publicly or
privately designate or identify the officials
of foreign governments and their immediate
family members about whom the Secretary has
such credible information without regard to
whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible
for entry into the United States pursuant to paragraph
(1) if such entry would further important United States
law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the
United Nations Headquarters Agreement: Provided, That
nothing in paragraph (1) shall be construed to derogate
from United States Government obligations under
applicable international agreements.
(3) Waiver.--The Secretary may waive the application
of paragraph (1) if the Secretary determines that the
waiver would serve a compelling national interest or
that the circumstances which caused the individual to
be ineligible have changed sufficiently.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter
until September 30, 2024, the Secretary of State shall
submit a report, including a classified annex if
necessary, to the appropriate congressional committees
and the Committees on the Judiciary describing the
information related to corruption or violation of human
rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to
paragraph (1)(B), or who would be ineligible but for
the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for
each waiver.
(5) Posting of report.--Any unclassified portion of
the report required under paragraph (4) shall be posted
on the Department of State website.
(6) Clarification.--For purposes of paragraphs (1),
(4), and (5), the records of the Department of State
and of diplomatic and consular offices of the United
States pertaining to the issuance or refusal of visas
or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall
be made available to promote and support transparency
and accountability of expenditures and revenues related
to the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds,
and for technical assistance to promote independent
audit mechanisms and support civil society
participation in natural resource management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall
instruct the executive director of each
international financial institution to use the
voice and vote of the United States to oppose
any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any
country for the extraction and export of a
natural resource if the government of such
country has in place laws, regulations, or
procedures to prevent or limit the public
disclosure of company payments as required by
United States law, and unless such government
has adopted laws, regulations, or procedures in
the sector in which assistance is being
considered that: (1) accurately account for and
publicly disclose payments to the government by
companies involved in the extraction and export
of natural resources; (2) include independent
auditing of accounts receiving such payments
and the public disclosure of such audits; and
(3) require public disclosure of agreement and
bidding documents, as appropriate.
(B) The requirements of subparagraph (A)
shall not apply to assistance for the purpose
of building the capacity of such government to
meet the requirements of such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this
Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law
Enforcement'', $2,900,000,000 should be made available
for democracy programs.
(2) Programs.--Of the funds made available for
democracy programs under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' pursuant to paragraph (1), not less than
$117,040,000 shall be made available to the Bureau of
Democracy, Human Rights, and Labor, Department of
State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act
for democracy programs pursuant to subsection (a) and
under the heading ``National Endowment for Democracy''
may be made available notwithstanding any other
provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act
for the NED are made available pursuant to the
authority of the National Endowment for Democracy Act
(title V of Public Law 98-164), including all decisions
regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and
religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states and institutions that are
responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to
this section that are made available for programs to strengthen
government institutions shall be prioritized for those
institutions that demonstrate a commitment to democracy and the
rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the
specific nature of the assistance, and the participants
in such programs shall not be subject to prior approval
by the government of any foreign country.
(2) Disclosure of implementing partner information.--
If the Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, determines that the
government of the country is undemocratic or has
engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs,
any new bilateral agreement governing the terms and
conditions under which assistance is provided to such
country shall not require the disclosure of the names
of implementing partners of democracy programs, and the
Secretary of State and the USAID Administrator shall
expeditiously seek to negotiate amendments to existing
bilateral agreements, as necessary, to conform to this
requirement.
(f) Continuation of Current Practices.--USAID shall continue
to implement civil society and political competition and
consensus building programs abroad with funds appropriated by
this Act in a manner that recognizes the unique benefits of
grants and cooperative agreements in implementing such
programs.
(g) Digital Security and Countering Disinformation.--Funds
appropriated by this Act shall be made available to advance
digital security and counter disinformation as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
(h) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Development, Democracy, and Innovation, USAID, shall regularly
inform the NED of democracy programs that are planned and
supported with funds made available by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
(i) Protection of Civil Society Activists and Journalists.--
Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'', not less than
$30,000,000 shall be made available to support and protect
civil society activists and journalists who have been
threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media.
(j) International Freedom of Expression and Independent
Media.--Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for programs to protect international freedom of
expression and independent media, as described under this
section in House Report 117-401.
(k) David E. Price Legislative Strengthening Program.--Funds
appropriated by this Act under the heading ``Democracy Fund''
shall be made available for legislative strengthening programs:
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such
programs shall hereafter be collectively named the ``David E.
Price Legislative Strengthening Program''.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Democracy Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: Provided, That funds made available by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' pursuant to this section shall be the responsibility of
the Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials, and shall be subject to prior consultation with the
Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'' may be made available notwithstanding any other
provision of law for assistance for ethnic and religious
minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2023.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in title III of this Act
that are made available for victims of war, displaced children,
displaced Burmese, and to combat trafficking in persons and
assist victims of such trafficking may be made available
notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$20,000,000 shall be made available for forensic
anthropology assistance related to the exhumation and
identification of victims of war crimes, crimes against
humanity, and genocide, which shall be administered by
the Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs for assistance for countries.
(2) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', not less than $10,000,000 shall be made
available for DNA forensic technology programs to
combat human trafficking in Central America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available
as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by
this Act under the heading ``Assistance for Europe,
Eurasia and Central Asia'' shall be made available to
carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former
Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites
of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds
appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support
Fund'' that are made available for private sector
partnerships, including partnerships with philanthropic
foundations, up to $50,000,000 may remain available
until September 30, 2025: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(4) Additional authority.--Of the amounts made
available by this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with Indigenous
communities.
(5) Innovation.--The USAID Administrator may use
funds appropriated by this Act under title III to make
innovation incentive awards in accordance with the
terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided, That each individual award may
not exceed $100,000.
(6) Development innovation ventures.--Funds
appropriated by this Act under the heading
``Development Assistance'' and made available for the
Development Innovation Ventures program may be made
available for the purposes of chapter I of part I of
the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the
Exchange Visitor Program administered by the Department
of State to implement the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 22
U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative
Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking
process in such Act: Provided, That funds made
available for such purpose shall only be made available
after consultation with, and subject to the regular
notification procedures of, the Committees on
Appropriations, regarding how any proposed modification
would affect the public diplomacy goals of, and the
estimated economic impact on, the United States:
Provided further, That such consultation shall take
place not later than 30 days prior to the publication
in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(8) Payments.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs under
the headings ``Diplomatic Programs'' and ``Operating
Expenses'', except for funds designated by Congress as
an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, are 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 funds made available pursuant to this
paragraph shall be subject to prior consultation with
the Committees on Appropriations.
(9) Afghan allies.--Section 602(b)(3)(F) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) is amended--
(A) in the heading, by striking ``2022'' and
inserting ``2023'';
(B) in the matter preceding clause (i), in
the first sentence, by striking ``34,500'' and
inserting ``38,500''; and
(C) in clauses (i) and (ii), by striking
``December 31, 2023'' and inserting ``December
31, 2024''.
(10) Transatlantic engagement.--Funds appropriated by
this Act under the heading ``Diplomatic Programs'' are
available for support of an institute for transatlantic
engagement if legislation establishing such an
institute is enacted into law by September 30, 2023:
Provided, That in the event that such legislation is
not enacted into law by such date, the amounts
described in this paragraph shall be available under
the heading ``Diplomatic Programs'' for the purposes
therein.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a
significant change to the scope of an existing partner vetting
program, the Secretary of State and USAID Administrator, as
appropriate, shall consult with the Committees on
Appropriations: Provided, That the Secretary and the
Administrator shall provide a direct vetting option for prime
awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act,
unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a case-
by-case basis that a direct vetting option is not feasible for
such program.
(f) Contingencies.--During fiscal year 2023, the President
may use up to $145,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this Act
for assistance for the central government of any country that
is not taking appropriate steps to comply with the Convention
on the Civil Aspects of International Child Abductions, done at
the Hague on October 25, 1980: Provided, That the Secretary
shall report to the Committees on Appropriations within 15 days
of withholding funds under this subsection.
(h) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds under
the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
heading ``Diplomatic Programs'' for fiscal year 2023, at no
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: Provided, That not more than
$50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) shall continue in effect
during fiscal year 2023.
(j) Personnel.--Funds appropriated under the heading
``Migration and Refugee Assistance'' may be used to carry out
section 5(a)(6) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2605(a)(6)) for employing up to 50 individuals
domestically without regard to the geographic limitation in
such section, following consultation with the Committees on
Appropriations.
(k) Impact on Jobs.--Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260) shall continue in
effect during fiscal year 2023.
(l) Extension of Authorities.--
(1) Incentives for critical posts.--The authority
contained in section 1115(d) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32) shall
remain in effect through September 30, 2023.
(2) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking
``and 2022'' and inserting ``2022, and
2023''; and
(ii) in subsection (e), by striking
``2022'' each place it appears and
inserting ``2023''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255
note), by striking ``2022'' and inserting
``2023''.
(3) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any
other provision of law, any employee of the Special
Inspector General for Afghanistan Reconstruction
(SIGAR) who completes at least 12 months of continuous
service after enactment of this Act or who is employed
on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment
to any position in the competitive service for which
the employee possesses the required qualifications.
(4) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public
Law 115-31) shall continue in effect during fiscal year
2023.
(5) Protective services.--Section 7071 of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public
Law 117-103) shall continue in effect during fiscal
year 2023.
(6) Extension of loan guarantees to israel.--Chapter
5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat.
576) is amended under the heading ``Loan Guarantees to
Israel''--
(A) in the matter preceding the first
proviso, by striking ``September 30, 2023'' and
inserting ``September 30, 2028''; and
(B) in the second proviso, by striking
``September 30, 2023'' and inserting
``September 30, 2028''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this
Act that are made available for monitoring and
evaluation of assistance under the headings
``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance''
shall be made available for the regular and systematic
collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of
such assistance: Provided, That not later than 90 days
after the date of enactment of this Act, the Secretary
of State and USAID Administrator shall submit to the
Committees on Appropriations, and post on their
respective websites, updated procedures for
implementing partners that receive funds under such
headings for regularly and systematically collecting
and responding to such feedback, including guidelines
for the reporting on actions taken in response to the
feedback received: Provided further, That the Secretary
of State and USAID Administrator shall regularly--
(A) conduct oversight to ensure that such
feedback is regularly collected and used by
implementing partners to maximize the cost-
effectiveness and utility of such assistance;
and
(B) consult with the Committees on
Appropriations on the results of such
oversight.
(2) Ex-post evaluations.--Of the funds appropriated
by this Act under titles III and IV, not less than
$10,000,000 shall be made available for ex-post
evaluations of the effectiveness and sustainability of
United States Government-funded assistance programs.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447)
may be made available for pharmaceuticals and other products
for child survival, malaria, tuberculosis, and emerging
infectious diseases to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriation Act, 2005 (Public Law 108-
447) shall be exercised by the Assistant Administrator for
Global Health, USAID, with respect to funds deposited for such
non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources,
disbursements, balances, and reimbursements related to such
fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the
headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia and Central Asia'' by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
made available for the costs, as defined in section 502
of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Jordan, Small Island Developing
States, Tunisia, and Ukraine, which are authorized to
be provided: Provided, That amounts made available
under this paragraph for the costs of such guarantees
shall not be considered assistance for the purposes of
provisions of law limiting assistance to a country.
(2) Consultation and notification.--Funds made
available pursuant to the authorities of this
subsection shall be subject to prior consultation with
the appropriate congressional committees and the
regular notification procedures of the Committees on
Appropriations.
(3) Administration.--Not less than 30 days prior to
exercising the authority of this subsection, but not
later than 90 days after the date of enactment of this
Act, the President shall designate, and concurrently
report such designation to the appropriate
congressional committees, the Federal agency or
agencies responsible for managing the legacy loan
guarantee portfolio, maintaining the current and future
financial exposure of loan guarantees, and executing
future loan guarantees.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and
``Economic Support Fund'', not less than $100,000,000
shall be made available for Local Works pursuant to
section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may
remain available until September 30, 2027.
(2) Eligible entities.--For the purposes of section
7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division
J of Public Law 113-235), ``eligible entities'' shall
be defined as small local, international, and United
States-based nongovernmental organizations, educational
institutions, and other small entities that have
received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions
may be considered individually in determining such
eligibility.
(q) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74)
shall continue in effect during fiscal year 2023.
(r) Section 889.--For the purposes of obligations and
expenditures made with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, the waiver authority in
section 889(d)(2) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) may
also be available to the Secretary of State, following
consultation with the Director of National Intelligence:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing the
use of the authority of this subsection since the date of
enactment of this Act, which shall include the scope and
duration of any waiver granted, the entity covered by such
waiver, and a detailed description of the national security
interest served: Provided further, That such report shall be
updated every 60 days until September 30, 2024.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless
otherwise defined in this Act, for purposes of this Act
the term ``appropriate congressional committees'' means
the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--
Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs'' means
funds that remain available for obligation, and have
not expired.
(3) International financial institutions.--In this
Act ``international financial institutions'' means the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the
Asian Development Bank, the Asian Development Fund, the
Inter-American Investment Corporation, the North
American Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan''
means a plan for the uses of funds appropriated for a
particular entity, country, program, purpose, or
account and which shall include, at a minimum, a
description of--
(A) realistic and sustainable goals, criteria
for measuring progress, and a timeline for
achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other
ongoing or planned programs; and
(D) implementing partners, to the maximum
extent practicable.
(5) Successor operating unit.--Any reference to a
particular operating unit or office in this Act or
prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall
be deemed to include any successor operating unit
performing the same or similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry
out the provisions of chapter 1 of part I and chapters
4 and 6 of part II of the Foreign Assistance Act of
1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of
civilian police authority through training and
technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for
programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the
Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this
Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'' shall be made available for combat
casualty training and equipment in an amount
above the prior fiscal year.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a
component of any package of lethal assistance
funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations''
and ``Foreign Military Financing Program'':
Provided, That the requirement of this
subparagraph shall apply to a country in
conflict, unless the Secretary determines that
such country has in place, to the maximum
extent practicable, functioning combat casualty
care treatment and equipment that meets or
exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care:
Provided further, That any such training and
equipment for combat casualty care shall be
made available through an open and competitive
process.
(3) Training related to international humanitarian
law.--The Secretary of State shall offer training
related to the requirements of international
humanitarian law as a component of any package of
lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member
of the North Atlantic Treaty Organization (NATO), is a
major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That
any such training shall be made available through an
open and competitive process.
(4) International prison conditions.--Funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
and ``International Narcotics Control and Law
Enforcement'' shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and
other detention facilities, notwithstanding section 660
of the Foreign Assistance Act of 1961: Provided, That
the Secretary of State and the USAID Administrator
shall consult with the Committees on Appropriations on
the proposed uses of such funds prior to obligation and
not later than 60 days after the date of enactment of
this Act: Provided further, That such funds shall be in
addition to funds otherwise made available by this Act
for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In
providing assistance with funds appropriated by this
Act under section 660(b)(6) of the Foreign Assistance
Act of 1961, support for a nation emerging from
instability may be deemed to mean support for regional,
district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging
from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue
in effect during fiscal year 2023.
(3) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject
to the regular notification procedures of the
Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act (22 U.S.C. 2763)
may be used to provide financing to Israel, Egypt, the
North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of
defense articles from United States commercial
suppliers, not including Major Defense Equipment (other
than helicopters and other types of aircraft having
possible civilian application), if the President
determines that there are compelling foreign policy or
national security reasons for those defense articles
being provided by commercial lease rather than by
government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act (22 U.S.C.
2795(c)(2)) for the purposes of the Special Defense
Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2025: Provided, That the
provision of defense articles and defense services to
foreign countries or international organizations from
the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Oversight and accountability.--(A) Prior to the
signing of a new Letter of Offer and Acceptance (LOA)
involving funds appropriated under the heading
``Foreign Military Financing Program'', the Secretary
of State shall consult with each recipient government
to ensure that the LOA between the United States and
such recipient government complies with the purposes of
section 4 of the Arms Export Control Act (22 U.S.C.
2754) and that the defense articles, services, and
training procured with funds appropriated under such
heading are consistent with United States national
security policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in
which the Secretary of State has credible information
that such assistance was used in a manner contrary to
such agreement.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act
should not be used to support any military training or
operations that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Authority.--Notwithstanding any other
provision of law, demining equipment available
to the United States Agency for International
Development and the Department of State and
used in support of the clearance of landmines
and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and
conditions as the Secretary of State may
prescribe.
(B) Report.--Not later than 120 days after
the date of enactment of this Act, the
Secretary of State, in consultation with the
Secretary of Defense, shall submit a report to
the appropriate congressional committees on
implementation of the United States policy
regarding anti-personnel landmines (APLs)
announced on June 21, 2022, to include progress
on the destruction of APLs, and the number and
types of APLs required by such policy for the
defense of the Republic of Korea and the
methodology used to determine such number:
Provided, That the report shall include the
types (by Department of Defense Ammunition
Code) and quantities of landmines demilitarized
and removed from the demilitarization account
of the United States Armed Forces, and
demilitarization accomplished by contract or
outside the continental United States.
(C) Cluster munitions.--No military
assistance shall be furnished for cluster
munitions, no defense export license for
cluster munitions may be issued, and no cluster
munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result
in more than 1 percent unexploded
ordnance across the range of intended
operational environments, and the
agreement applicable to the assistance,
transfer, or sale of such cluster
munitions or cluster munitions
technology specifies that the cluster
munitions will only be used against
clearly defined military targets and
will not be used where civilians are
known to be present or in areas
normally inhabited by civilians; or
(ii) such assistance, license, sale,
or transfer is for the purpose of
demilitarizing or permanently disposing
of such cluster munitions.
(3) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force
uses excessive force to repress peaceful expression or
assembly concerning corruption, harm to the environment
or human health, or the fairness of electoral
processes, or in countries that are undemocratic or
undergoing democratic transition, the Secretary shall
promptly determine if such information is credible:
Provided, That if the information is determined to be
credible, funds appropriated by this Act should not be
used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes
for such unit, unless the Secretary of State determines
that the foreign government is taking effective
measures to bring the responsible members of such unit
to justice.
(d) Reports.--
(1) Security assistance report.--Not later than 120
days after the date of enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations a report on funds obligated and expended
during fiscal year 2022, by country and purpose of
assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the
Department of Defense and the Department of State''
shall be deemed to include all military training
provided by foreign governments with funds appropriated
to the Department of Defense or the Department of
State, except for training provided by the government
of a country designated by section 517(b) of such Act
(22 U.S.C. 2321k(b)) as a major non-North Atlantic
Treaty Organization ally: Provided, That such third-
country training shall be clearly identified in the
report submitted pursuant to section 656 of such Act.
assistance for innocent victims of conflict
Sec. 7036. Of the funds appropriated under title III of this
Act, not less than $10,000,000 shall be made available for the
Marla Ruzicka Fund for Innocent Victims of Conflict: Provided,
That the USAID Administrator shall consult with the Committees
on Appropriations not later than 60 days after the date of
enactment of this Act on the proposed uses of such funds.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance for the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2023, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the
Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this
subsection and shall terminate assistance to any individual,
entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the
funds appropriated under titles III through VI of this
Act for assistance under the West Bank and Gaza Program
may be made available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have
committed acts of terrorism; and
(B) any educational institution located in
the West Bank or Gaza that is named after an
individual who the Secretary of State
determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations
Acts, including funds made available by transfer, may
be made available for obligation for security
assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established
for security assistance for the West Bank and
Gaza and on the extent of Palestinian
compliance with such benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel,
inhuman, and degrading treatment of detainees,
including by bringing to justice members of
Palestinian security forces who commit such
crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act, up to
$1,300,000 may be used by the Office of Inspector
General of the United States Agency for International
Development for audits, investigations, and other
activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in
fiscal year 2023 under the heading ``Economic Support Fund'',
and such audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Committees on Appropriations that waiving
such prohibition is important to the national security interest
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed: Provided, That the
report shall also detail the steps the Palestinian Authority
has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and the
Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with
Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or
that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing
government only if the President certifies and reports
to the Committees on Appropriations that such
government, including all of its ministers or such
equivalent, has publicly accepted and is complying with
the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act of 1961,
as added by the Palestinian Anti-Terrorism Act of 2006
(Public Law 109-446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph
(2) is exercised, the Secretary of State shall submit a
report to the Committees on Appropriations within 120
days of the certification and every quarter thereafter
on whether such government, including all of its
ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A)
and (B) of the Foreign Assistance Act of 1961, as
amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by
this Act that are available for assistance for Egypt
may be made available notwithstanding any other
provision of law restricting assistance for Egypt,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if
the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship
with the United States; and
(B) meeting its obligations under the 1979
Egypt-Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated
by this Act under the heading ``Economic Support
Fund'', not less than $125,000,000 shall be made
available for assistance for Egypt, of which not less
than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000
for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited
by a regional accrediting agency recognized by the
United States Department of Education, or meets
standards equivalent to those required for United
States institutional accreditation by a regional
accrediting agency recognized by such Department:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated
by this Act under the heading ``Foreign
Military Financing Program'', $1,300,000,000,
to remain available until September 30, 2024,
should be made available for assistance for
Egypt: Provided, That such funds may be
transferred to an interest bearing account in
the Federal Reserve Bank of New York, following
consultation with the Committees on
Appropriations, and the uses of any interest
earned on such funds shall be subject to the
regular notification procedures of the
Committees on Appropriations: Provided further,
That $225,000,000 of such funds shall be
withheld from obligation until the Secretary of
State certifies and reports to the Committees
on Appropriations that the Government of Egypt
is taking sustained and effective steps to--
(i) strengthen the rule of law,
democratic institutions, and human
rights in Egypt, including to protect
religious minorities and the rights of
women, which are in addition to steps
taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect
freedoms of expression, association,
and peaceful assembly, including the
ability of civil society organizations,
human rights defenders, and the media
to function without interference;
(iii) hold Egyptian security forces
accountable, including officers
credibly alleged to have violated human
rights;
(iv) investigate and prosecute cases
of extrajudicial killings and forced
disappearances;
(v) provide regular access for United
States officials to monitor such
assistance in areas where the
assistance is used; and
(vi) comply with the requirement
under this section in the explanatory
statement described in section 4 (in
the matter preceding division A of this
consolidated Act).
(B) Waiver.--The Secretary of State may waive
the certification requirement in subparagraph
(A) if the Secretary determines and reports to
the Committees on Appropriations that such
funds are necessary for counterterrorism,
border security, or nonproliferation programs
or that it is otherwise important to the
national security interest of the United States
to do so, and submits a report to such
Committees containing a detailed justification
for the use of such waiver and the reasons why
any of the requirements of subparagraph (A)
cannot be met: Provided, That the report
required by this paragraph shall be submitted
in unclassified form, but may be accompanied by
a classified annex.
(C) In addition to the funds withheld
pursuant to subparagraph (A), $95,000,000 of
the funds made available pursuant to this
paragraph shall be withheld from obligation
until the Secretary of State determines and
reports to the Committees on Appropriations
that the Government of Egypt is making clear
and consistent progress in releasing political
prisoners, providing detainees with due process
of law, and preventing the intimidation and
harassment of American citizens.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under
the headings ``Diplomatic Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be made available
for the programs and activities described under this
section in House Report 117-401.
(2) Reports.--
(A) Semi-annual report.--The Secretary of
State shall submit to the Committees on
Appropriations the semi-annual report required
by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180
days after the date of enactment of this Act,
the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit to
the appropriate congressional committees a
report on--
(i) the status of United States
bilateral sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have
had on Iran's destabilizing activities
throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Iraq for--
(A) bilateral economic assistance and
international security assistance, including in
the Kurdistan Region of Iraq;
(B) stabilization assistance, including in
Anbar Province;
(C) programs to support government
transparency and accountability, support
judicial independence, protect the right of due
process, end the use of torture, and combat
corruption;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq;
(E) programs to protect and assist religious
and ethnic minority populations; and
(F) programs to increase United States
private sector investment.
(2) Basing rights.--None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a
permanent basing rights agreement between the United
States and Iraq.
(d) Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by the
United States and Israel, be available for advanced weapons
systems, of which not less than $775,300,000 shall be available
for the procurement in Israel of defense articles and defense
services, including research and development.
(e) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,650,000,000 shall be made
available for assistance for Jordan, of which not less than
$845,100,000 shall be made available for budget support for the
Government of Jordan and not less than $425,000,000 shall be
made available under the heading ``Foreign Military Financing
Program''.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Lebanon: Provided, That such funds made
available under the heading ``Economic Support Fund''
may be made available notwithstanding section 1224 of
the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available
for programs and equipment for the Lebanese
Internal Security Forces (ISF) and the Lebanese
Armed Forces (LAF) to address security and
stability requirements in areas affected by
conflict in Syria, following consultation with
the appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program''
that are made available for assistance for
Lebanon may only be made available for programs
to--
(i) professionalize the LAF to
mitigate internal and external threats
from non-state actors, including
Hizballah;
(ii) strengthen border security and
combat terrorism, including training
and equipping the LAF to secure the
borders of Lebanon and address security
and stability requirements in areas
affected by conflict in Syria,
interdicting arms shipments, and
preventing the use of Lebanon as a safe
haven for terrorist groups; and
(iii) implement United Nations
Security Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance
for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a
spend plan, including actions to be taken to
ensure equipment provided to the LAF is used
only for the intended purposes, except such
plan may not be considered as meeting the
notification requirements under section 7015 of
this Act or under section 634A of the Foreign
Assistance Act of 1961: Provided further, That
any notification submitted pursuant to such
section shall include any funds specifically
intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by
this Act may be made available for the ISF or the LAF
if the ISF or the LAF is controlled by a foreign
terrorist organization, as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of
this Act shall be made available for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security: Provided, That the
limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to such
funds.
(h) Morocco.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Morocco.
(i) Saudi Arabia.--
(1) Prohibition.--None of the funds appropriated by
this Act under the heading ``International Military
Education and Training'' may be made available for
assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds
appropriated or otherwise made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
should be obligated or expended by the Export-Import
Bank of the United States to guarantee, insure, or
extend (or participate in the extension of) credit in
connection with the export of nuclear technology,
equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia
unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation
agreement pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium
enrichment and reprocessing on its territory
under that agreement; and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards
Agreement with the International Atomic Energy
Agency.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by
this Act under titles III and IV may be made available,
notwithstanding any other provision of law, for non-
lethal stabilization assistance for Syria, including
for emergency medical and rescue response and chemical
weapons investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project
or activity that supports or otherwise
legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant
to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities
that further the strategic objectives of the
Government of the Russian Federation that the
Secretary of State determines may threaten or
undermine United States national security
interests; and
(C) should not be used in areas of Syria
controlled by a government led by Bashar al-
Assad or associated forces.
(3) Consultation and notification.--Funds made
available pursuant to this subsection may only be made
available following consultation with the appropriate
congressional committees, and shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(k) Tunisia.--
(1) Assistance.--Funds appropriated under titles III
and IV of this Act shall be made available for
assistance for Tunisia for programs to improve economic
growth and opportunity, support democratic governance
and civil society, protect due process of law, and
maintain regional stability and security, following
consultation with the Committees on Appropriations.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations on
the extent to which--
(A) the Government of Tunisia is implementing
economic reforms, countering corruption, and
taking credible steps to restore constitutional
order and democratic governance, including
respecting freedoms of expression, association,
and the press, and the rights of members of
political parties, that are in addition to
steps taken in the preceding fiscal year;
(B) the Government of Tunisia is maintaining
the independence of the judiciary and holding
security forces who commit human rights abuses
accountable; and
(C) the Tunisian military has remained an
apolitical and professional institution.
(l) West Bank and Gaza.--
(1) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made
available for programs in the West Bank and Gaza, which
may include water, sanitation, and other infrastructure
improvements.
(2) Report on assistance.--Prior to the initial
obligation of funds made available by this Act under
the heading ``Economic Support Fund'' for assistance
for the West Bank and Gaza, the Secretary of State
shall report to the Committees on Appropriations that
the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under
the heading ``Economic Support Fund'' in this
Act may be made available for assistance for
the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full
membership as a state in the United
Nations or any specialized agency
thereof outside an agreement negotiated
between Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC)
judicially authorized investigation, or
actively support such an investigation,
that subjects Israeli nationals to an
investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I)
of such clause if the Secretary certifies to
the Committees on Appropriations that to do so
is in the national security interest of the
United States, and submits a report to such
Committees detailing how the waiver and the
continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions
of section 1003 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989
(Public Law 100-204) if the President
determines and certifies in writing to the
Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of
enactment of this Act--
(I) obtained in the United Nations or
any specialized agency thereof the same
standing as member states or full
membership as a state outside an
agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported
an ICC investigation against Israeli
nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the
President is unable to make the certification
pursuant to clause (i) of this subparagraph,
the President may waive section 1003 of Public
Law 100-204 if the President determines and
certifies in writing to the Speaker of the
House of Representatives, the President pro
tempore of the Senate, and the Committees on
Appropriations that the Palestinians have
entered into direct and meaningful negotiations
with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or
under previous provisions of law must expire
before the waiver under this clause may be
exercised.
(iii) Any waiver pursuant to this
subparagraph shall be effective for no more
than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment
of this Act.
(4) Application of taylor force act.--Funds
appropriated by this Act under the heading ``Economic
Support Fund'' that are made available for assistance
for the West Bank and Gaza shall be made available
consistent with section 1004(a) of the Taylor Force Act
(title X of division S of Public Law 115-141).
(5) Security report.--The reporting requirements in
section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110-252) shall apply to funds made
available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
the date of enactment of this Act, the Secretary of
State shall submit a report to the appropriate
congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence
against Israelis and to promote peace and coexistence
with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the heading
``International Military Education and Training'' for the
central government of a country in the African Great Lakes
region may be made available only for Expanded International
Military Education and Training and professional military
education until the Secretary of State determines and reports
to the Committees on Appropriations that such government is not
facilitating or otherwise participating in destabilizing
activities in a neighboring country, including aiding and
abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $3,000,000 shall be made available for a contribution to
the Special Criminal Court in Central African Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by this
Act shall be made available for programs and activities in
areas affected by the Lord's Resistance Army (LRA) or other
illicit armed groups in Eastern Democratic Republic of the
Congo and the Central African Republic, including to improve
physical access, telecommunications infrastructure, and early-
warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated by
this Act shall be made available for assistance for the
Democratic Republic of the Congo (DRC) for stabilization,
democracy, global health, and bilateral economic assistance,
including in areas affected by, and at risk from, the Ebola
virus disease: Provided, That such funds shall also be made
available to support security, stabilization, development, and
democracy in Eastern DRC: Provided further, That funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``International Military Education and
Training'' that are made available for such purposes may be
made available notwithstanding any other provision of law,
except section 620M of the Foreign Assistance Act of 1961.
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to
support--
(1) implementation of the cessation of hostilities
agreement in Tigray;
(2) political dialogues and confidence building
measures to end other conflicts in the country;
(3) civil society and protect human rights;
(4) efforts to provide unimpeded access to
humanitarian assistance;
(5) investigations and prosecutions of gross
violations of human rights; and
(6) restoration of basic services in areas impacted
by conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
higher education programs in Malawi shall be made available for
higher education and workforce development programs in
agriculture as described under this section in House Report
117-401.
(g) South Sudan.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of South Sudan, except to support
implementation of outstanding issues of the Comprehensive Peace
Agreement, mutual arrangements related to post-referendum
issues associated with such Agreement, or any other viable
peace agreement in South Sudan: Provided, That funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for any new program, project,
or activity in South Sudan shall be subject to prior
consultation with the appropriate congressional committees.
(h) Sudan.--
(1) Assistance.--Funds appropriated by this Act under
title III that are made available for assistance for
Sudan may be made available to support a civilian-led
transition in Sudan.
(2) Limitation.--None of the funds appropriated by
this Act under title IV may be made available for
assistance for the central Government of Sudan, except
to support implementation of outstanding issues of the
Comprehensive Peace Agreement, mutual arrangements
related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in
Sudan.
(3) Consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs that
are made available for any new program, project, or
activity in Sudan shall be subject to prior
consultation with the appropriate congressional
committees.
(i) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or
grant to the Government of Zimbabwe, except to meet
basic human needs or to promote democracy, unless the
Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has
been restored, including respect for ownership and
title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by
this Act shall be made available for assistance for the
central Government of Zimbabwe, except for health and
education, unless the Secretary of State certifies and
reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this
Act, not less than $136,127,000 shall be made available
for assistance for Burma, which--
(A) may be made available notwithstanding any
other provision of law and following
consultation with the appropriate congressional
committees;
(B) may be made available for support for the
administrative operations and programs of
entities that support peaceful efforts to
establish an inclusive and representative
democracy in Burma and a federal union to
foster equality among Burma's diverse ethnic
groups, following consultation with the
Committees on Appropriations;
(C) shall be made available for programs to
promote ethnic and religious tolerance, unity,
and accountability and to combat gender-based
violence, including in Kachin, Chin, Mon,
Karen, Karenni, Rakhine, and Shan states;
(D) shall be made available for community-
based organizations with experience operating
in Thailand to provide food, medical, and other
humanitarian assistance to internally displaced
persons in eastern Burma, in addition to
assistance for Burmese refugees from funds
appropriated by this Act under the heading
``Migration and Refugee Assistance''; and
(E) shall be made available for programs and
activities to investigate and document
violations of human rights in Burma committed
by the military junta.
(2) International security assistance.--None of the
funds appropriated by this Act under the headings
``International Military Education and Training'' and
``Foreign Military Financing Program'' may be made
available for assistance for Burma.
(3) Limitations.--None of the funds appropriated by
this Act that are made available for assistance for
Burma may be made available to the State Administration
Council or any organization or entity controlled by, or
an affiliate of, the armed forces of Burma, or to any
individual or organization that has committed a gross
violation of human rights or advocates violence against
ethnic or religious groups or individuals in Burma, as
determined by the Secretary of State for programs
administered by the Department of State and USAID or
the President of the National Endowment for Democracy
(NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in
Burma initiated in fiscal year 2023 shall be subject to
prior consultation with the appropriate congressional
committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under
title III of this Act, not less than $82,505,000 shall
be made available for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds
appropriated by this Act that are made
available for assistance for the Government of
Cambodia may be obligated or expended unless
the Secretary of State certifies and reports to
the Committees on Appropriations that such
Government is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding
territorial disputes in the South China
Sea and the enforcement of
international sanctions with respect to
North Korea;
(ii) assert its sovereignty against
interference by the People's Republic
of China, including by verifiably
maintaining the neutrality of Ream
Naval Base, other military
installations in Cambodia, and dual use
facilities such as the runway at the
Dara Sakor development project;
(iii) cease violence, threats, and
harassment against civil society and
the political opposition in Cambodia,
and dismiss any politically motivated
criminal charges against critics of the
government; and
(iv) respect the rights, freedoms,
and responsibilities enshrined in the
Constitution of the Kingdom of Cambodia
as enacted in 1993.
(B) Exceptions.--The certification required
by subparagraph (A) shall not apply to funds
appropriated by this Act and made available for
democracy, health, education, and environment
programs, programs to strengthen the
sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of
the influence activities of the People's
Republic of China in Cambodia.
(3) Uses of funds.--Funds appropriated under title
III of this Act for assistance for Cambodia shall be
made available for--
(A) research, documentation, and education
programs associated with the Khmer Rouge in
Cambodia; and
(B) programs in the Khmer language to
monitor, map, and publicize the efforts by the
People's Republic of China to expand its
influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative
Act of 2018.--
(1) Assistance.--Of the funds appropriated under
titles III and IV of this Act, not less than
$1,800,000,000 shall be made available to support
implementation of the Indo-Pacific Strategy and the
Asia Reassurance Initiative Act of 2018 (Public Law
115-409).
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'', not less than $325,000,000 shall
be made available for a Countering PRC Influence Fund
to counter the influence of the Government of the
People's Republic of China and the Chinese Communist
Party and entities acting on their behalf globally,
which shall be subject to prior consultation with the
Committees on Appropriations: Provided, That such funds
are in addition to amounts otherwise made available for
such purposes: Provided further, That up to 10 percent
of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence:
Provided further, That the uses of such funds shall be
the joint responsibility of the Secretary of State and
the USAID Administrator, and shall be allocated as
specified under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act):
Provided further, That funds made available pursuant to
this paragraph under the heading ``Foreign Military
Financing Program'' may remain available until
September 30, 2024: Provided further, That funds
appropriated by this Act for such Fund under the
headings ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'' may be transferred to, and merged
with, funds appropriated under such headings: Provided
further, That such transfer authority is in addition to
any other transfer authority provided by this Act or
any other Act, and is subject to the regular
notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available
for any project or activity that directly supports or
promotes--
(A) the Belt and Road Initiative or any dual-
use infrastructure projects of the People's
Republic of China; and
(B) the use of technology, including
biotechnology, digital, telecommunications, and
cyber, developed by the People's Republic of
China unless the Secretary of State, in
consultation with the USAID Administrator and
the heads of other Federal agencies, as
appropriate, determines that such use does not
adversely impact the national security of the
United States.
(4) Maps.--None of the funds made available by this
Act should be used to create, procure, or display any
map that inaccurately depicts the territory and social
and economic system of Taiwan and the islands or island
groups administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under titles
III and IV, not less than $93,000,000 shall be made available
for assistance for Laos, including for assistance for persons
with disabilities caused by unexploded ordnance accidents, and
of which not less than $1,500,000 should be made available for
programs to assist persons with severe physical mobility,
cognitive, or developmental disabilities in areas sprayed with
Agent Orange: Provided, That funds made available pursuant to
this subsection may be used, in consultation with the
Government of Laos, for assessments of the existence of dioxin
contamination resulting from the use of Agent Orange in Laos
and the feasibility and cost of remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available for assistance for the
central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions
contributing materially to the malicious cyber-
intrusion capabilities of the Government of North
Korea: Provided, That the Secretary of State shall
submit the report required by section 209 of the North
Korea Sanctions and Policy Enhancement Act of 2016
(Public Law 114-122; 22 U.S.C. 9229) to the Committees
on Appropriations: Provided further, That the Secretary
of State may waive the application of the restriction
in this paragraph with respect to assistance for the
central government of a country if the Secretary
determines and reports to the appropriate congressional
committees that to do so is important to the national
security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under
the heading ``International Broadcasting Operations''
shall be made available to maintain broadcasting hours
into North Korea at levels not less than the prior
fiscal year.
(3) Human rights.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and
``Democracy Fund'' shall be made available for the
promotion of human rights in North Korea: Provided,
That the authority of section 7032(b)(1) of this Act
shall apply to such funds.
(4) Limitation on use of funds.--None of the funds
made available by this Act under the heading ``Economic
Support Fund'' may be made available for assistance for
the Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated under title I in
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs may be made available for establishing and
operating diplomatic facilities in Kiribati, Tonga,
Solomon Islands, and Vanuatu, subject to section
7015(a)(3) of this Act and following consultation with
the Committees on Appropriations.
(2) Assistance.--Of the funds appropriated by this
Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than
$150,000,000 shall be made available for assistance for
Pacific Islands countries, as specified under this
section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), following consultation with the
Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall be made
available for joint development and security programs
between the United States and such countries in
coordination with regional allies and partners,
including Taiwan.
(g) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs''
in this Act may be obligated or expended for processing
licenses for the export of satellites of United States
origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and
requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided,
That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance
any grant, contract, or cooperative agreement with the
PLA, or any entity that the Secretary of State has
reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds
appropriated by this Act under the first
paragraph under the heading ``Democracy Fund'',
not less than $5,000,000 shall be made
available for democracy and Internet freedom
programs for Hong Kong, including legal and
other support for democracy activists.
(B) Restrictions on assistance.--None of the
funds appropriated by this Act or prior Acts
making appropriations for the Department of
State, foreign operations, and related programs
that are made available for assistance for Hong
Kong should be obligated for assistance for the
Government of the People's Republic of China
and the Chinese Communist Party or any entity
acting on their behalf in Hong Kong.
(C) Report.--The report required under
section 7043(f)(3)(C) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public
Law 116-260) shall be updated and submitted to
the Congress in the manner described.
(h) Philippines.--None of the funds appropriated by this Act
may be made available for counternarcotics assistance for the
Philippines, except for drug demand reduction, maritime law
enforcement, or transnational interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of
the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $4,000,000
shall be made available for the Global Cooperation and
Training Framework, which shall be administered by the
American Institute in Taiwan.
(2) Foreign military financing.--Funds appropriated
by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and
related programs under the heading ``Foreign Military
Financing Program'', except for amounts designated as
an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, may be made
available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of direct loans
and loan guarantees for Taiwan, if otherwise
authorized: Provided, That such costs may include the
costs of selling, reducing, or cancelling any amounts
owed to the United States or any agency of the United
States: Provided further, That the gross principal
balance of such direct loans shall not exceed
$2,000,000,000, and the gross principal balance of
guaranteed loans shall not exceed $2,000,000,000:
Provided further, That the Secretary of State may use
amounts charged to the borrower as origination fees to
pay for the cost of such loans.
(3) Fellowship program.--Funds appropriated by this
Act under the heading ``Payment to the American
Institute in Taiwan'' shall be made available to
establish a Taiwan Fellowship Program.
(4) Consultation.--Not later than 60 days after the
date of enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations on
the uses of funds made available pursuant to this
subsection: Provided, That such funds shall be subject
to the regular notification procedures of the
Committees on Appropriations.
(j) Tibet.--
(1) Financing of projects in tibet.--The Secretary of
the Treasury should instruct the United States
executive director of each international financial
institution to use the voice and vote of the United
States to support financing of projects in Tibet if
such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans, are based on a
thorough needs-assessment, foster self-sufficiency of
the Tibetan people and respect Tibetan culture and
traditions, and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of
law, of the funds appropriated by this Act
under the heading ``Economic Support Fund'',
not less than $10,000,000 shall be made
available to nongovernmental organizations with
experience working with Tibetan communities to
support activities which preserve cultural
traditions and promote sustainable development,
education, and environmental conservation in
Tibetan communities in the Tibet Autonomous
Region and in other Tibetan communities in
China.
(B) Of the funds appropriated by this Act
under the heading ``Economic Support Fund'',
not less than $8,000,000 shall be made
available for programs to promote and preserve
Tibetan culture and language in the refugee and
diaspora Tibetan communities, development, and
the resilience of Tibetan communities and the
Central Tibetan Administration in India and
Nepal, and to assist in the education and
development of the next generation of Tibetan
leaders from such communities: Provided, That
such funds are in addition to amounts made
available in subparagraph (A) for programs
inside Tibet.
(C) Of the funds appropriated by this Act
under the heading ``Economic Support Fund'',
not less than $3,000,000 shall be made
available for programs to strengthen the
capacity of the Central Tibetan Administration:
Provided, That such funds shall be administered
by the United States Agency for International
Development.
(k) Vietnam.--
(1) Of the funds appropriated under titles III and IV
of this Act, not less than $197,000,000 shall be made
available for assistance for Vietnam, of which not less
than--
(A) $30,000,000 shall be made available for
health and disability programs to assist
persons with severe physical mobility,
cognitive, or developmental disabilities:
Provided, That such funds shall be prioritized
to assist persons whose disabilities may be
related to the use of Agent Orange and exposure
to dioxin, or are the result of unexploded
ordnance accidents;
(B) $20,000,000 shall be made available,
notwithstanding any other provision of law, for
activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made
available for assistance for the Government of
Vietnam, including the military, for such
purposes;
(C) $3,000,000 shall be made available for
the Reconciliation/Vietnamese Wartime
Accounting Initiative; and
(D) $15,000,000 shall be made available for
higher education programs.
(2) Section 7043(i)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117-103) is amended
by striking ``that'' and inserting ``: Provided, That
such funds shall be prioritized to assist persons whose
disabilities''.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs and made available for assistance for
Afghanistan may be made available for direct assistance
to the Taliban.
(2) Afghan special immigrant visas.--Funds
appropriated or otherwise made available by this Act
under the heading ``Administration for Foreign
Affairs'' and fees available for obligation during
fiscal year 2023 in the Consular and Border Security
Programs account shall be made available for additional
Department of State personnel necessary to eliminate
processing backlogs and expedite adjudication of Afghan
Special Immigrant Visa cases, including for the
National Visa Center and the Afghan Special Immigrant
Visa Unit.
(3) Afghan students.--Funds appropriated by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs
shall be made available to support the higher education
of students from Afghanistan studying outside of the
country, including the costs of reimbursement to
institutions hosting such students, as appropriate:
Provided, That the Secretary of State and the
Administrator of the United States Agency for
International Development, as appropriate, shall
consult with the Committees on Appropriations prior to
the initial obligation of funds for such purposes.
(4) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the
USAID Administrator shall submit a report to the
appropriate congressional committees detailing plans,
consistent with the restriction contained in paragraph
(1), to--
(A) protect and strengthen the rights of
Afghan women and girls;
(B) support higher education programs,
including continued support for the American
University of Afghanistan's (AUAF) online
programs and support for other higher education
institutions in South Asia and the Middle East
that are hosting AUAF and other Afghan
students;
(C) support Afghan civil society activists,
journalists, and independent media, including
in third countries; and
(D) support health, education, including
community-based education, and other programs
to address the basic needs of the people of
Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Bangladesh--
(1) not less than $23,500,000 shall be made available
to address the needs of communities impacted by
refugees from Burma;
(2) not less than $10,000,000 shall be made available
for programs to protect freedom of expression and
association, and the right of due process; and
(3) not less than $23,300,000 shall be made available
for democracy programs.
(c) Nepal.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available
for assistance for Nepal shall only be made available for
humanitarian and disaster relief and reconstruction activities,
and in support of international peacekeeping operations,
military professionalization and training, and border security
activities: Provided, That such funds may only be made
available for additional uses if the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war by the Nepal
Army, and the Nepal Army is cooperating fully with civilian
judicial authorities in such cases.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated
by this Act under the heading ``Foreign
Military Financing Program'' for assistance for
Pakistan may be made available only to support
counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Bilateral economic assistance.--Prior to
the obligation of funds made available by this
Act under the heading ``Economic Support Fund''
for assistance for the central Government of
Pakistan, the Secretary of State shall submit a
report to the appropriate congressional
committees detailing--
(i) the amount of financing and other
support, if any, provided by the
Government of Pakistan to schools
supported by, affiliated with, or run
by the Taliban or any domestic or
foreign terrorist organization in
Pakistan;
(ii) the extent of cooperation by
such government in issuing visas in a
timely manner for United States
visitors, including officials and
representatives of nongovernmental
organizations, engaged in assistance
and security programs in Pakistan;
(iii) the extent to which such
government is providing humanitarian
organizations access to detainees,
internally displaced persons, and other
Pakistani civilians affected by
conflict in Pakistan and the region;
and
(iv) the extent to which such
government is strengthening democracy
in Pakistan, including protecting
freedom of expression, assembly, and
religion.
(2) Authority and uses of funds.--(A) Funds
appropriated by this Act for assistance for Pakistan
may be made available notwithstanding any other
provision of law, except for section 620M of the
Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement''
shall be made available for border security programs in
Pakistan, following consultation with the Committees on
Appropriations.
(C) Funds appropriated by title III of this Act shall
be made available for programs to promote democracy and
for gender programs in Pakistan.
(3) Withholding.--Of the funds appropriated under
titles III and IV of this Act that are made available
for assistance for Pakistan, $33,000,000 shall be
withheld from obligation until the Secretary of State
reports to the Committees on Appropriations that Dr.
Shakil Afridi has been released from prison and cleared
of all charges relating to the assistance provided to
the United States in locating Osama bin Laden.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III
of this Act shall be made available for assistance for
Sri Lanka for democracy and economic development
programs, particularly in areas recovering from ethnic
and religious conflict.
(2) Certification.--Funds appropriated by this Act
for assistance for the central Government of Sri Lanka
may be made available only if the Secretary of State
certifies and reports to the Committees on
Appropriations that such Government is taking effective
and consistent steps to--
(A) protect the rights and freedoms of the
people of Sri Lanka regardless of ethnicity and
religious belief, including by investigating
violations of human rights and the laws of war
and holding perpetrators of such violations
accountable;
(B) address the basic needs of the people of
Sri Lanka and responsibly mitigate the impact
of the country's economic collapse, including
by increasing transparency and accountability
in governance;
(C) combat corruption, including bringing to
justice public officials who have engaged in
significant acts of corruption;
(D) assert its sovereignty against influence
by the People's Republic of China; and
(E) promote reconciliation between ethnic and
religious groups, particularly arising from
past conflict in Sri Lanka, including by--
(i) addressing land confiscation and
ownership issues;
(ii) resolving cases of missing
persons, including by maintaining a
functioning and credible office of
missing persons;
(iii) reducing the presence of the
armed forces in former conflict zones
and restructuring the armed forces for
a peacetime role that contributes to
post-conflict reconciliation and
regional security;
(iv) repealing or amending laws on
arrest and detention by security forces
to comply with international standards;
and
(v) investigating allegations of
arbitrary arrest and torture, and
supporting a credible justice mechanism
for resolving cases of war crimes:
Provided, That the limitations of this
paragraph shall not apply to funds made
available for humanitarian assistance and
disaster relief; to protect human rights,
locate and identify missing persons, and assist
victims of torture and trauma; to promote
justice, accountability, and reconciliation; to
enhance maritime security and domain awareness;
to promote fiscal transparency and sovereignty;
and for International Military Education and
Training.
(3) Limitation.--None of the funds appropriated by
this Act may be made available for assistance for the
Sri Lankan armed forces, except for humanitarian
assistance, disaster relief, instruction in human
rights and related curricula development, maritime
security and domain awareness, including
professionalization and training for the navy and coast
guard, and funds appropriated by this Act under the
heading ``International Military Education and
Training''.
(4) Consultation.--Funds made available for
assistance for Sri Lanka other than for the purposes
specified in paragraph (1) shall be subject to prior
consultation with the Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall
be made available for assistance for countries in South and
Central Asia to significantly increase the recruitment,
training, and retention of women in the judiciary, police, and
other security forces, and to train judicial and security
personnel in such countries to prevent and address gender-based
violence, human trafficking, and other practices that
disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for
assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama, including
through the Central America Regional Security
Initiative: Provided, That such assistance shall be
prioritized for programs that address the violence,
poverty, corruption, and other factors that contribute
to irregular migration, particularly of unaccompanied
minors, to the United States, including for programs to
reduce violence against women and girls, protect the
rights of Indigenous people, support civil society and
other independent institutions, enhance economic
opportunity, combat corruption and impunity, and
dismantle illegal armed groups and drug trafficking
organizations.
(A) Of the funds made available pursuant to
paragraph (1)--
(i) $61,500,000 should be made
available to support entities and
activities to combat corruption and
impunity in such countries, including,
as appropriate, offices of Attorneys
General; and
(ii) $70,000,000 should be made
available for programs to reduce
violence against women and girls,
including for Indigenous women and
girls.
(B) Within the funds made available pursuant
to paragraph (1) and made available for
assistance for El Salvador, Guatemala, and
Honduras, up to $100,000,000 should be made
available for programs that support locally-led
development in such countries: Provided, That
up to 15 percent of the funds made available to
carry out this subparagraph may be used by the
Administrator of the United States Agency for
International Development for administrative
and oversight expenses related to the purposes
of this subparagraph: Provided further, That
the USAID Administrator shall consult with the
Committees on Appropriations on the planned
uses of funds to carry out this subparagraph
prior to the initial obligation of funds:
Provided further, That such funds shall be
subject to the regular notification procedures
of the Committees on Appropriations.
(C) Funds made available pursuant to
paragraph (1) shall be made available for the
youth empowerment program established pursuant
to section 7045(a)(1)(C) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public
Law 117-103).
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to
paragraph (1) under the heading ``Economic
Support Fund'' and under title IV of this Act,
60 percent of such funds that are made
available for assistance for each of the
central governments of El Salvador and
Guatemala, and 45 percent of such funds that
are made available for assistance for the
central government of Honduras, may only be
obligated after the Secretary of State
certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and
impunity, including investigating and
prosecuting government officials,
military personnel, and police officers
credibly alleged to be corrupt;
(ii) implementing reforms, policies,
and programs to strengthen the rule of
law, including increasing the
transparency of public institutions,
strengthening the independence of
judicial and electoral institutions,
and improving the transparency of
political campaign and political party
financing;
(iii) protecting the rights of human
rights defenders, trade unionists,
journalists, civil society groups,
opposition political parties, and the
independence of the media;
(iv) providing effective and
accountable law enforcement and
security for its citizens, curtailing
the role of the military in public
security, and upholding due process of
law;
(v) implementing programs to reduce
violence against women and girls;
(vi) implementing policies to reduce
poverty and promote economic growth and
opportunity, including the
implementation of reforms to strengthen
educational systems, vocational
training programs, and programs for at-
risk youth;
(vii) improving border security and
combating human smuggling and
trafficking and countering the
activities of criminal gangs, drug
traffickers, and transnational criminal
organizations;
(viii) informing its citizens of the
dangers of the journey to the southwest
border of the United States; and
(ix) implementing policies that
improve the environment for foreign
investment, including executing tax
reform in a transparent manner,
ensuring effective legal mechanisms for
reimbursements of tax refunds owed to
United States businesses, and resolving
disputes involving the confiscation of
real property of United States
entities.
(B) Reprogramming.--If the Secretary is
unable to make the certification required by
subparagraph (A) for one or more of the central
governments, such assistance shall be
reprogrammed for assistance for civil society
organizations in such country, or for other
countries in Latin America and the Caribbean,
notwithstanding the funding provisions in this
subsection and the limitations in section 7019
of this Act: Provided, That any such
reprogramming shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of
subparagraph (A) shall not apply to funds
appropriated by this Act that are made
available for--
(i) judicial entities and activities
related to combating corruption and
impunity;
(ii) programs to combat gender-based
violence;
(iii) programs to promote and protect
human rights, including those of
Indigenous communities and Afro-
descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None
of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program''
may be made available for assistance for El
Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this
Act under titles III and IV, $487,375,000 should be
made available for assistance for Colombia: Provided,
That such funds shall be made available for the
programs and activities described under this section in
House Report 117-401: Provided further, That of the
funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement''
and made available for assistance pursuant to this
paragraph, not less than $40,000,000 shall be made
available to enhance rural security in coca producing
municipalities and other municipalities with high
levels of illicit activities: Provided further, That
funds made available pursuant to the preceding proviso
shall be prioritized in such municipalities that are
also targeted for assistance programs that provide
viable economic alternatives and improve access to
public services.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds
appropriated by this Act under the heading
``International Narcotics Control and Law
Enforcement'' that are made available for
assistance for Colombia, 20 percent may be
obligated only if the Secretary of State
certifies and reports to the Committees on
Appropriations that--
(i) the Government of Colombia is
implementing an effective whole-of-
government strategy to substantially
and sustainably reduce coca cultivation
and cocaine production levels in
Colombia, including programs and
activities that support illicit crop
eradication, alternative development,
drug interdiction, dismantling of drug
trafficking and money laundering
networks, rural security, environmental
protection, judicial sector
strengthening, and public health
services; and
(ii) such strategy is in accordance
with the 2016 peace accord between the
Government of Colombia and the
Revolutionary Armed Forces of Colombia.
(B) Human rights.--
(i) Of the funds appropriated by this
Act under the heading ``Foreign
Military Financing Program'' and made
available for assistance for Colombia,
20 percent may be obligated only if the
Secretary of State certifies and
reports to the Committees on
Appropriations that--
(I) the Special Jurisdiction
for Peace and other judicial
authorities, as appropriate,
are sentencing perpetrators of
gross violations of human
rights, including those with
command responsibility, to
deprivation of liberty;
(II) the Government of
Colombia is making consistent
progress in reducing threats
and attacks against human
rights defenders and other
civil society activists, and
judicial authorities are
prosecuting and punishing those
responsible for ordering and
carrying out such attacks;
(III) the Government of
Colombia is making consistent
progress in protecting Afro-
Colombian and Indigenous
communities and is respecting
their rights and territories;
(IV) senior military officers
credibly alleged, or whose
units are credibly alleged, to
be responsible for ordering,
committing, and covering up
cases of false positives and
other extrajudicial killings,
or of committing other gross
violations of human rights, or
of conducting illegal
communications intercepts or
other illicit surveillance, are
being held accountable,
including removal from active
duty if found guilty through
criminal, administrative, or
disciplinary proceedings; and
(V) the Colombian Armed
Forces are cooperating fully
with the requirements described
in subclauses (I) through (IV).
(ii) Of the funds appropriated by
this Act under the heading
``International Narcotics Control and
Law Enforcement'' and made available
for assistance for the Colombian
National Police (CNP), five percent may
be obligated only if the Secretary of
State certifies and reports to the
Committees on Appropriations that the
Government of Colombia is bringing to
justice the police personnel who
ordered, directed, and used excessive
force and engaged in other illegal acts
against protesters in 2020 and 2021,
and that the CNP is cooperating fully
with such efforts.
(3) Exceptions.--The limitations of paragraph (2)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine
security programs.
(4) Authority.--Aircraft supported by funds
appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs and made available for
assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities,
and to provide transport in support of alternative
development programs and investigations by civilian
judicial authorities.
(5) Limitation.--None of the funds appropriated by
this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related
programs that are made available for assistance for
Colombia may be made available for payment of
reparations to conflict victims or compensation to
demobilized combatants associated with a peace
agreement between the Government of Colombia and
illegal armed groups.
(c) Haiti.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for
assistance for Haiti to support the basic needs of the
Haitian people.
(2) Certification.--Funds appropriated by this Act
that are made available for assistance for Haiti may
only be made available for the central Government of
Haiti if the Secretary of State certifies and reports
to the appropriate congressional committees that a
democratically elected government has taken office, or
the country is being led by a transitional governing
authority that is broadly representative of Haitian
society, and it is in the national interest of the
United States to provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (1), funds
may be made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of
justice programs, including to reduce pre-trial
detention and eliminate inhumane prison
conditions;
(C) public health, food security, subsistence
farmers, water and sanitation, education, and
other programs to meet basic human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs that
are made available for assistance for Haiti shall be
subject to prior consultation with the Committees on
Appropriations: Provided, That the requirement of this
paragraph shall also apply to any funds from such Acts
that are made available for support for an
international security force in Haiti.
(5) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for
assistance for the armed forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti
shall be eligible to purchase defense articles and
services under the Arms Export Control Act (22 U.S.C.
2751 et seq.) for the Coast Guard.
(d) Nicaragua.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$15,000,000 shall be made available for democracy programs for
Nicaragua, including to support civil society.
(e) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $82,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(f) Venezuela.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', $50,000,000 should
be made available for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs under title
III shall be made available for assistance for
communities in countries supporting or otherwise
impacted by refugees from Venezuela, including
Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to
funds otherwise made available for assistance for such
countries, subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act
under titles III and IV, not less than $132,025,000
shall be made available for assistance for Georgia.
(2) Ukraine.--Funds appropriated by this Act under
titles III and IV shall be made available for
assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by
this Act may be made available for assistance for a government
of an Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may be
made available without regard to the restriction in this
subsection if the President determines that to do so is in the
national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) Section 907 of the FREEDOM Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act (22 U.S.C.
5851 et seq.) and section 1424 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C.
2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961;
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the
BUILD Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import
Bank Act of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may
be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection
Directorate (TPPD) under chapter 2 of the Arms Export Control
Act (22 U.S.C. 2761 et seq.) unless the Secretary of State
determines and reports to the appropriate congressional
committees that members of the TPPD who are named in the July
17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have
returned to the United States to stand trial in connection with
the offenses contained in such indictment or have otherwise
been brought to justice: Provided, That the limitation in this
paragraph shall not apply to the use of funds made available by
this Act for border security purposes, for North Atlantic
Treaty Organization or coalition operations, or to enhance the
protection of United States officials and facilities in Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to
support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction
on assistance required by this paragraph if the
Secretary determines and reports to such Committees
that to do so is in the national interest of the United
States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available for--
(A) the implementation of any action or
policy that recognizes the sovereignty of the
Russian Federation over Crimea or other
territory in Ukraine;
(B) the facilitation, financing, or guarantee
of United States Government investments in
Crimea or other territory in Ukraine under the
control of the Russian Federation or Russian-
backed forces, if such activity includes the
participation of Russian Government officials,
or other Russian owned or controlled financial
entities; or
(C) assistance for Crimea or other territory
in Ukraine under the control of the Russian
Federation or Russian-backed forces, if such
assistance includes the participation of
Russian Government officials, or other Russian
owned or controlled financial entities.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, grant, or
guarantee) for any program that violates the
sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of
this subsection shall cease to be in effect if the
Secretary of State determines and reports to the
Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and
other territory in Ukraine under the control of the
Russian Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by
this Act may be made available for assistance for the
central government of a country that the Secretary of
State determines and reports to the Committees on
Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian
Federation occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That the
Secretary shall publish on the Department of State
website a list of any such central governments in a
timely manner: Provided further, That the Secretary may
waive the restriction on assistance required by this
paragraph if the Secretary determines and reports to
the Committees on Appropriations that to do so is in
the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by
this Act may be made available to support the Russian
Federation occupation of the Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The
Secretary of the Treasury shall instruct the United
States executive director of each international
financial institution to use the voice and vote of the
United States to oppose any assistance by such
institution (including any loan, credit, grant, or
guarantee) for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this
Act under the headings ``Assistance for Europe, Eurasia
and Central Asia'', ``International Narcotics Control
and Law Enforcement'', ``International Military
Education and Training'', and ``Foreign Military
Financing Program'', not less than $300,000,000 shall
be made available to carry out the purposes of the
Countering Russian Influence Fund, as authorized by
section 254 of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security
forces in countries in Europe, Eurasia, and Central
Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic
Treaty Organization, as appropriate: Provided, That
funds made available pursuant to this paragraph under
the heading ``Foreign Military Financing Program'' may
remain available until September 30, 2024.
(2) Economics and trade.--Funds appropriated by this
Act and made available for assistance for the Eastern
Partnership countries shall be made available to
advance the implementation of Association Agreements
and trade agreements with the European Union, and to
reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall
be made available to support democracy programs in the Russian
Federation and other countries in Europe, Eurasia, and Central
Asia, including to promote Internet freedom: Provided, That of
the funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', not less than $20,000,000
shall be made available to strengthen democracy and civil
society in Central Europe, including for transparency,
independent media, rule of law, minority rights, and programs
to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later
than 120 days after the date of enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations whether each organization, department, or agency
receiving a contribution from funds appropriated by this Act
under the headings ``Contributions to International
Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits;
(2) has submitted a report to the Department of
State, which shall be posted on the Department's
website in a timely manner, demonstrating that such
organization is effectively implementing and enforcing
policies and procedures which meet or exceed best
practices in the United States for the protection of
whistleblowers from retaliation, including--
(A) protection against retaliation for
internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent
adjudicative bodies, including shared cost and
selection of external arbitration; and
(E) results that eliminate the effects of
proven retaliation, including provision for the
restoration of prior employment; and
(3) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first-class and business-
class travel.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None
of the funds made available by this Act may be used to
pay expenses for any United States delegation to any
specialized agency, body, or commission of the United
Nations if such agency, body, or commission is chaired
or presided over by a country, the government of which
the Secretary of State has determined, for purposes of
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international
terrorism.
(2) Restrictions on contributions.--None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency,
commission, or program within the United Nations system
if such organization, agency, commission, or program is
chaired or presided over by a country the government of
which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act,
section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), or any other provision of
law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary
determines and reports to the Committees on
Appropriations that to do so is important to the
national interest of the United States, including a
description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary of
State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2023, on the resolutions considered in the United Nations Human
Rights Council during the previous 12 months, and on steps
taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is--
(1) utilizing Operations Support Officers in the West
Bank, Gaza, and other fields of operation to inspect
UNRWA installations and reporting any inappropriate
use;
(2) acting promptly to address any staff or
beneficiary violation of its own policies (including
the policies on neutrality and impartiality of
employees) and the legal requirements under section
301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the
neutrality of its facilities, including implementing a
no-weapons policy, and conducting regular inspections
of its installations, to ensure they are only used for
humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to
ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance
Act of 1961 and continuing regular reporting to the
Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all
educational materials currently taught in UNRWA-
administered schools and summer camps is consistent
with the values of human rights, dignity, and tolerance
and does not induce incitement;
(6) not engaging in operations with financial
institutions or related entities in violation of
relevant United States law, and is taking steps to
improve the financial transparency of the organization;
and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is
implementing in a timely fashion the Board's
recommendations.
(e) Prohibition of Payments to United Nations Members.--None
of the funds appropriated or made available pursuant to titles
III through VI of this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the
United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
(f) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the amount
of funds available for obligation or expenditure in fiscal year
2023 for contributions to any organization, department, agency,
or program within the United Nations system or any
international program that are withheld from obligation or
expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds
are withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds
identified in such report, including updates thereof, shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State shall, to the maximum
extent practicable, withhold assistance to any unit of the
security forces of a foreign country if the Secretary has
credible information that such unit has engaged in sexual
exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary determines
that the government of such country is taking effective steps
to hold the responsible members of such unit accountable and to
prevent future incidents: Provided, That the Secretary shall
promptly notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to
withhold such assistance is made: Provided further, That the
Secretary shall, to the maximum extent practicable, assist such
government in bringing the responsible members of such unit to
justice: Provided further, That not later than 60 days after
the date of enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations detailing the
policies, mechanisms, and procedures established to implement
this subsection, following consultation with the Committees on
Appropriations.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the second proviso under the heading
``Contributions for International Peacekeeping Activities'' in
title I of this Act or section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)), shall remain available for
obligation until September 30, 2024: Provided, That the
requirement to withhold funds for programs in Burma under
section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated by this Act.
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available pursuant to this
section shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2023 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $90,500,000 shall be
made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on
the Internet, and that are important to the national interest
of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the
maximum extent practicable, by sources other than the United
States Government, including from the private sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this
Act under the headings ``Economic Support Fund'',
``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and
shall be incorporated into country assistance
and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the
Department of State International Cyberspace
Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to
promote Internet freedom and access to
information in Iran, as required by section 414
of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support
the efforts of civil society to counter the
development of repressive Internet-related laws
and regulations, including countering threats
to Internet freedom at international
organizations; to combat violence against
bloggers and other users; and to enhance
digital security training and capacity building
for democracy activists;
(D) made available for research of key
threats to Internet freedom; the continued
development of technologies that provide or
enhance access to the Internet, including
circumvention tools that bypass Internet
blocking, filtering, and other censorship
techniques used by authoritarian governments;
and maintenance of the technological advantage
of the United States Government over such
censorship techniques: Provided, That the
Secretary of State, in consultation with the
United States Agency for Global Media Chief
Executive Officer (USAGM CEO) and the President
of the Open Technology Fund (OTF), shall
coordinate any such research and development
programs with other relevant United States
Government departments and agencies in order to
share information, technologies, and best
practices, and to assess the effectiveness of
such technologies; and
(E) made available only with the concurrence
of the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State, that
such funds are allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding
security for, and oversight of,
Internet freedom programs; and
(iii) sufficient resources and
support for the development and
maintenance of anti-censorship
technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for open-source tools
and techniques to securely develop and
distribute USAGM digital content, facilitate
audience access to such content on websites
that are censored, coordinate the distribution
of USAGM digital content to targeted regional
audiences, and to promote and distribute such
tools and techniques, including digital
security techniques;
(B) coordinated by the USAGM CEO, in
consultation with the OTF President, with
programs funded by this Act under the heading
``International Broadcasting Operations'', and
shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the USAGM CEO, in
consultation with the OTF President, to solicit
project proposals through an open, transparent,
and competitive process, seek input from
technical and subject matter experts to select
proposals, and support Internet circumvention
tools and techniques for audiences in countries
that are strategic priorities for the OTF and
in a manner consistent with the United States
Government Internet freedom strategy; and
(D) made available for the research and
development of new tools or techniques
authorized in subparagraph (A) only after the
USAGM CEO, in consultation with the Secretary
of State, the OTF President, and other relevant
United States Government departments and
agencies, evaluates the risks and benefits of
such new tools or techniques, and establishes
safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict planned
activities, but not later than 90 days after the date of
enactment of this Act, the Secretary of State and the USAGM
CEO, in consultation with the OTF President, shall submit to
the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs
are not used for illicit purposes: Provided, That the
Department of State spend plan shall include funding for all
such programs for all relevant Department of State and United
States Agency for International Development offices and
bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support open-source technologies that undergo
comprehensive security audits consistent with the requirements
of the Bureau of Democracy, Human Rights, and Labor, Department
of State to ensure that such technology is secure and has not
been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting
from programs supported by such funds: Provided, That the
security auditing procedures used by such Bureau shall be
reviewed and updated periodically to reflect current industry
security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available
by this Act may be used to support or justify the use of
torture and other cruel, inhuman, or degrading treatment or
punishment by any official or contract employee of the United
States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military,
or other security forces in countries receiving assistance from
funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Diplomatic Programs'',
``International Narcotics Control and Law Enforcement'',
``Andean Counterdrug Initiative'', and ``Andean Counterdrug
Programs'' may be used for any other program and in any region.
(b) Property Disposal.--The authority provided in subsection
(a) shall apply only after the Secretary of State determines
and reports to the Committees on Appropriations that the
equipment is no longer required to meet programmatic purposes
in the designated country or region: Provided, That any such
transfer shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or
leased by the Department of State and the United States
Agency for International Development with funds made
available in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs shall be coordinated
under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department
of State and USAID programs and activities: Provided
further, That official travel for other agencies for
other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds
received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working
Capital Fund of the Department and shall be available
for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That subsection (f)(2)(B) of
such section shall be applied by substituting ``September 30,
2022'' for ``September 30, 2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b)(1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2010 (division F of Public Law 111-117) shall apply to
this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Monetary Fund (IMF) to seek to ensure that any loan will be
repaid to the IMF before other private or multilateral
creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in
this Act may be used to provide assistance (other than funds
provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency
Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without the possibility of parole or for killing a law
enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is
in violation of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to the
appropriate congressional committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and Programs''
in this Act for fiscal year 2023, $32,500,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of the
operation of any provision of law, shall be transferred to the
``Global Health Programs'' account and shall be made available
for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of
the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds
made available by this Act may be used by UNFPA for a country
program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that UNFPA is budgeting
for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that
UNFPA plans to spend funds for a country program in the
People's Republic of China in the year covered by the
report, then the amount of such funds UNFPA plans to
spend in the People's Republic of China shall be
deducted from the funds made available to UNFPA after
March 1 for obligation for the remainder of the fiscal
year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III
and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title
III of this Act, not less than $575,000,000 should be made
available for family planning/reproductive health, including in
areas where population growth threatens biodiversity or
endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by
this Act under the heading ``Global Health Programs''
shall be made available for global health security
programs to accelerate the capacity of countries to
prevent, detect, and respond to infectious disease
outbreaks, including by strengthening public health
capacity where there is a high risk of emerging
zoonotic infectious diseases: Provided, That not later
than 60 days after the date of enactment of this Act,
the USAID Administrator and the Secretary of State, as
appropriate, shall consult with the Committees on
Appropriations on the planned uses of such funds.
(2) Financial intermediary fund.--Funds appropriated
by this Act under the heading ``Global Health
Programs'' may be made available for contributions to a
financial intermediary fund for pandemic preparedness
and global heath security.
(3) Extraordinary measures.--If the Secretary of
State determines and reports to the Committees on
Appropriations that an international infectious disease
outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest
to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total
of $200,000,000 of the funds appropriated by this Act
under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and
Refugee Assistance'', and ``Millennium Challenge
Corporation'' may be made available to combat such
infectious disease or public health emergency, and may
be transferred to, and merged with, funds appropriated
under such headings for the purposes of this paragraph.
(4) Emergency reserve fund.--Up to $90,000,000 of the
funds made available under the heading ``Global Health
Programs'' may be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J
of Public Law 115-31): Provided, That such funds shall
be made available under the same terms and conditions
of such section.
(5) Consultation and notification.--Funds made
available by this subsection shall be subject to prior
consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Limitation.--Notwithstanding any other provision of law,
none of the funds made available by this Act may be made
available to the Wuhan Institute of Virology located in the
City of Wuhan in the People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act
shall be made available to promote gender equality in
United States Government diplomatic and development
efforts by raising the status, increasing the economic
participation and opportunities for political
leadership, and protecting the rights of women and
girls worldwide.
(2) Women's economic empowerment.--Funds appropriated
by this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018
(Public Law 115-428): Provided, That the Secretary of
State and the Administrator of the United States Agency
for International Development, as appropriate, shall
consult with the Committees on Appropriations on the
implementation of such Act.
(3) Gender equity and equality action fund.--Of the
funds appropriated under title III of this Act, up to
$200,000,000 may be made available for the Gender
Equity and Equality Action Fund.
(b) Madeleine K. Albright Women's Leadership Program.--Of the
funds appropriated under title III of this Act, not less than
$50,000,000 shall be made available for programs specifically
designed to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for
women's political status, expanding women's participation in
political parties and elections, and increasing women's
opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels:
Provided, That such programs shall hereafter be collectively
named the ``Madeleine K. Albright Women's Leadership Program''.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV
of this Act, not less than $250,000,000 shall be made
available to implement a multi-year strategy to prevent
and respond to gender-based violence in countries where
it is common in conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of
this Act that are available to train foreign police,
judicial, and military personnel, including for
international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-
based violence and trafficking in persons, and shall
promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', $150,000,000 should be made available to support
a multi-year strategy to expand, and improve coordination of,
United States Government efforts to empower women as equal
partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by
conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women
and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III
of this Act, not less than $970,000,000 shall
be made available for the Nita M. Lowey Basic
Education Fund, and such funds may be made
available notwithstanding any other provision
of law that restricts assistance to foreign
countries: Provided, That such funds shall also
be used for secondary education activities:
Provided further, That of the funds made
available by this paragraph, $150,000,000
should be available for the education of girls
in areas of conflict: Provided further, That
section 7(a) of Public Law 115-56 shall be
implemented by substituting ``the thirtieth day
of June following'' for ``180 days after''.
(B) Of the funds appropriated under title III
of this Act for assistance for basic education
programs, not less than $160,000,000 shall be
made available for contributions to
multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by
title III of this Act, not less than $285,000,000 shall
be made available for assistance for higher education:
Provided, That such funds may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of
such amount, not less than $35,000,000 shall be made
available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity
of higher education institutions and systems in
developing countries: Provided further, That of such
amount and in addition to the previous proviso, not
less than $35,000,000 shall be made available for
higher education programs pursuant to section
7060(a)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260): Provided
further, That not later than 45 days after the date of
enactment of this Act, the USAID Administrator shall
consult with the Committees on Appropriations on the
proposed uses of funds for such partnerships.
(3) Scholar rescue programs.--Of the funds
appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
and ``Assistance for Europe, Eurasia and Central
Asia'', not less than $7,000,000 shall be made
available for scholar rescue programs, including for
scholars from Afghanistan, Burma, Ethiopia, the Russian
Federation, Ukraine, and Yemen: Provided, That the
Secretary of State and Administrator of the United
States Agency for International Development, as
appropriate, shall consult with the Committees on
Appropriations on such programs not later than 90 days
after the date of enactment of this Act.
(b) Development Programs.--Of the funds appropriated by this
Act under the heading ``Development Assistance'', not less than
$18,500,000 shall be made available for USAID cooperative
development programs and not less than $31,500,000 shall be
made available for the American Schools and Hospitals Abroad
program.
(c) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this
Act, not less than $1,010,600,000 shall be made
available for food security and agricultural
development programs to carry out the purposes of the
Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by section 3310 of the Agriculture
Improvement Act of 2018 (Public Law 115-334).
(2) The Secretary of State, in coordination with the
Administrator of the United States Agency for
International Development and the heads of other
relevant Federal agencies, shall seek to enter into
negotiations with key foreign governments and
multilateral, philanthropic, and private sector
entities, including the United Nations Rome-based
agencies and the World Bank, regarding the potential
establishment of a multilateral fund focused on food
security, as described under this section in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be
made available to support the development of, and access to
financing for, micro, small, and medium-sized enterprises that
benefit the poor, especially women.
(e) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', and ``International
Narcotics Control and Law Enforcement'', not less than
$116,400,000 shall be made available for activities to combat
trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than
$87,000,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed
consistent with the country-specific recommendations included
in the annual Trafficking in Persons Report, and shall be
coordinated with the Office to Monitor and Combat Trafficking
in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not less
than $25,000,000 shall be made available to support people-to-
people reconciliation programs which bring together individuals
of different ethnic, racial, religious, and political
backgrounds from areas of civil strife and war: Provided, That
the USAID Administrator shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on
the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than
the United States Government: Provided further, That such funds
shall be administered by the Center for Conflict and Violence
Prevention, USAID.
(g) Water and Sanitation.--Of the funds appropriated by this
Act, not less than $475,000,000 shall be made available for
water supply and sanitation projects pursuant to section 136 of
the Foreign Assistance Act of 1961, of which not less than
$237,000,000 shall be for programs in sub-Saharan Africa, and
of which not less than $17,000,000 shall be made available to
support initiatives by local communities in developing
countries to build and maintain safe latrines.
(h) Deviation.--Unless otherwise provided for by this Act,
the Secretary of State and the Administrator of the United
States Agency for International Development, as applicable, may
deviate below the minimum funding requirements designated in
sections 7059, 7060, and 7061 of this Act by up to 10 percent,
notwithstanding such designation: Provided, That concurrent
with the submission of the report required by section 653(a) of
the Foreign Assistance Act of 1961, the Secretary of State
shall submit to the Committees on Appropriations in writing any
proposed deviations utilizing such authority that are planned
at the time of submission of such report: Provided further,
That any deviations proposed subsequent to the submission of
such report shall be subject to prior consultation with such
Committees: Provided further, That not later than November 1,
2024, the Secretary of State shall submit a report to the
Committees on Appropriations on the use of the authority of
this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this section and only subject to the reporting
procedures of the Committees on Appropriations, to support
environment programs.
(b)(1) Of the funds appropriated under title III of this Act,
not less than $385,000,000 shall be made available for
biodiversity conservation programs.
(2) Not less than $125,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(3) None of the funds appropriated under title IV of this Act
may be made available for training or other assistance for any
military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs
shall not be used to support the expansion of industrial scale
logging, agriculture, livestock production, mining, or any
other industrial scale extractive activity into areas that were
primary/intact tropical forests as of December 30, 2013, and
the Secretary of the Treasury shall instruct the United States
executive directors of each international financial institution
(IFI) to use the voice and vote of the United States to oppose
any financing of any such activity.
(5) Funds appropriated by this Act shall be made available to
support a new public-private partnership for conservation to
promote long-term management of protected areas in developing
countries, if legislation establishing a foundation to
facilitate such partnership is enacted into law.
(c) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves important
foreign policy objectives.
(d) Of the funds appropriated under title III of this Act,
not less than $185,000,000 shall be made available for
sustainable landscapes programs.
(e) Of the funds appropriated under title III of this Act,
not less than $270,000,000 shall be made available for
adaptation programs, including in support of the implementation
of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act,
not less than $260,000,000 shall be made available for clean
energy programs, including in support of carrying out the
purposes of the Electrify Africa Act (Public Law 114-121) and
implementing the Power Africa initiative.
(g) Funds appropriated by this Act under title III may be
made available for United States contributions to the
Adaptation Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act,
not less than $50,000,000 shall be made available for the
purposes enumerated under section 7060(c)(7) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260):
Provided, That such funds may only be made available following
consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act,
not less than $20,000,000 shall be made available to support
Indigenous and other civil society organizations in developing
countries that are working to protect the environment,
including threatened and endangered species, as described under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act).
(j) The Secretary of State and USAID Administrator shall
implement the directive regarding law enforcement in national
parks and protected areas as described under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after
the date of enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies funded
in title III of this Act, including the Inter-American
Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department,
agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2023, that
provides details of the uses of such funds at the program,
project, and activity level: Provided, That such plans shall
include, as applicable, a comparison between the congressional
budget justification funding levels, the most recent
congressional directives or approved funding levels, and the
funding levels proposed by the department or agency; and a
clear, concise, and informative description/justification:
Provided further, That operating plans that include changes in
levels of funding for programs, projects, and activities
specified in the congressional budget justification, in this
Act, or amounts specifically designated in the respective
tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of
this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the
Secretary of State or Administrator of the United
States Agency for International Development, as
appropriate, shall submit to the Committees on
Appropriations spend plans as described under this
section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(2) Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury
shall submit to the Committees on Appropriations a
detailed spend plan for funds made available by this
Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title
III.
(3) Notwithstanding paragraph (1), up to 10 percent
of the funds contained in a spend plan required by this
subsection may be obligated prior to the submission of
such spend plan if the Secretary of State, the USAID
Administrator, or the Secretary of the Treasury, as
applicable, determines that the obligation of such
funds is necessary to avoid significant programmatic
disruption: Provided, That not less than seven days
prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the justification for
such obligation and the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in subsection
(b) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional
budget justification for Department of State operations and
foreign operations shall be provided to the Committees on
Appropriations concurrent with the date of submission of the
President's budget for fiscal year 2024: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in subsection
(b) by the Department of State, the United States Agency for
International Development, or any other Federal department,
agency, or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any
proposed action: Provided further, That congressional
notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be deemed to meet the notification requirements of
this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any
action to--
(1) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of
State and USAID from the staffing levels previously
justified to the Committees on Appropriations for
fiscal year 2023.
department of state management
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by
this Act or otherwise made available to the Department of State
for payments to the Working Capital Fund that are made
available for new service centers, shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the
initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a
Department of State bureau or office with
responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report
to the Committees on Appropriations, on an individual
bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
grants management policies, procedures, and
regulations, as applicable.
(2) Considerations.--When making a certification
required by paragraph (1), the Secretary of State shall
consider the capacity of a bureau or office to--
(A) account for the obligated funds at the
country and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and
indicators;
(D) review activities and performance; and
(E) assess final results and reconcile
finances.
(3) Plan.--If the Secretary of State is unable to
make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing
the steps to be taken to bring such bureau or office
into compliance.
(c) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading
``Administration of Foreign Affairs'' may be made available for
a new major information technology investment without the
concurrence of the Chief Information Officer, Department of
State.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International Development
to hire and employ individuals in the United States and
overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of
1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2024.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(e) Disaster Surge Capacity.--Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular
notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
15 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to carry
out title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be made available only for personal
services contractors assigned to the Bureau for Humanitarian
Assistance.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals
hired pursuant to the authority provided by section 7059(o) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law
111-117) may be assigned to or support programs in Afghanistan
or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the
funds made available in title III of this Act pursuant to, or
to carry out the provisions of, part I of the Foreign
Assistance Act of 1961 and section 509(b) of the Global
Fragility Act of 2019 (title V of division J of Public Law 116-
94) may be made available for the United States Agency for
International Development to appoint and employ personnel in
the excepted service to prevent or respond to foreign crises
and contexts with growing instability: Provided, That functions
carried out by personnel hired under the authority of this
subsection shall be related to the purpose for which the funds
were appropriated: Provided further, That such funds are in
addition to funds otherwise available for such purposes and may
remain attributed to any minimum funding requirement for which
they were originally made available: Provided further, That the
USAID Administrator shall coordinate with the Director of the
Office of Personnel Management and consult with the appropriate
congressional committees on implementation of this provision.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the
funds appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $135,000,000 shall
be made available for the Prevention and Stabilization Fund for
the purposes enumerated in section 509(a) of the Global
Fragility Act of 2019 (title V of division J of Public Law 116-
94), of which $25,000,000 may be made available for the Multi-
Donor Global Fragility Fund authorized by section 510(c) of
such Act: Provided, That such funds shall be allocated as
specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings for such
purposes: Provided further, That such transfer authority is in
addition to any other transfer authority provided by this Act
or any other Act, and is subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That funds made available
pursuant to this subsection that are transferred to funds
appropriated under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2024.
(b) Transitional Justice.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, which shall be in addition to any other funds
made available by this Act for such purposes: Provided, That
such programs shall include components to develop local
investigative and judicial skills, and to collect and preserve
evidence and maintain the chain of custody of evidence,
including for use in prosecutions, and may include the
establishment of, and assistance for, transitional justice
mechanisms: Provided further, That such funds shall be
administered by the Ambassador-at-Large for the Office of
Global Criminal Justice, Department of State, and shall be
subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available by
this paragraph shall be made available on an open and
competitive basis.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may be
made available to the Global Community Engagement and
Resilience Fund, including as a contribution.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June 4,
1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year
2023 by substituting ``the costs of providing consular
services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116-136; 134 Stat. 592) shall be applied during
fiscal year 2023 by substituting ``2020 through 2023'' for
``2020 and 2021''.
(c) Discretionary amounts made available to the Department of
State under the heading ``Administration of Foreign Affairs''
of this Act, and discretionary unobligated balances under such
heading from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
may be transferred to the Consular and Border Security Programs
account if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to
sustain consular operations, following consultation with such
Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this
Act and under any other provision of law: Provided further,
That no amounts may be transferred from amounts designated as
an emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State
may also use fees deposited into the Fraud Prevention and
Detection Account for the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are
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.
management of international transboundary water pollution
(including transfer of funds)
Sec. 7069. In fiscal year 2023 and in each fiscal year
thereafter--
(a) The Administrator of the Environmental Protection Agency
(the ``Administrator'') may transfer amounts made available
under the heading ``Environmental Protection Agency--State and
Tribal Assistance Grants'' in the USMCA Supplemental
Appropriations Act, 2019 (title IX of Public Law 116-113) to
the International Boundary and Water Commission, United States
and Mexico (the ``Commission''), by entering into an
interagency agreement or by awarding a grant, to support the
construction of treatment works (as that term is defined in
section 212(2) of the Federal Water Pollution Control Act (33
U.S.C. 1292(2))), that will be owned or operated by the
Commission: Provided, That the Commission shall, in
consultation with the Administrator and subject to the
requirements of sections 513 and 608 of the Federal Water
Pollution Control Act (33 U.S.C. 1372 and 1388), use amounts
transferred pursuant to this section for general,
administrative, or other costs (including construction
management) related to the planning, study, design, and
construction, of treatment works that, as determined by the
Commissioner of the Commission, will--
(1) protect residents in the United States-Mexico
border region from water pollution resulting from--
(A) transboundary flows of wastewater,
stormwater, or other international
transboundary water flows originating in
Mexico; and
(B) any inadequacies or breakdowns of
treatment works in Mexico; and
(2) provide treatment of the flows and water
pollution described in subparagraph (A) in compliance
with local, State, and Federal law: Provided, That the
Commission may also use amounts transferred pursuant to
this section to operate and maintain any new treatment
work constructed, which shall be in addition to any
amounts otherwise available to the Commission for such
purposes.
(b) The Commission is authorized to enter into an agreement
with the appropriate official or officials of the United States
and Mexican States for the operation and maintenance by the
Commission of any new treatment works, pursuant to subsection
(a): Provided, That such agreement shall contain a provision
relating to the division between the two Governments of the
costs of such operation and maintenance, or of the works
involved there as may be recommended by said Commission and
approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or
otherwise limits the authority of the Commission under--
(1) the treaty relating to the utilization of the
waters of the Colorado and Tijuana Rivers, and of the
Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the
Gulf of Mexico, and supplementary protocol, signed at
Washington February 3, 1944 (59 Stat. 1219), between
the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the
budget are designated 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.
waiver authority
Sec. 7070. The President may waive section 414 of Public Law
101-246 and section 410 of Public Law 103-236 with respect to
the United Nations Educational, Scientific and Cultural
Organization if the President determines and reports in writing
to the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the appropriate congressional
committees that to do so would enable the United States to
counter Chinese influence or to promote other national
interests of the United States: Provided, That the authority of
this section shall cease to have effect if, after enactment of
this Act, the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement negotiated
between Israel and the Palestinians: Provided further, That the
authority of this section shall sunset on September 30, 2025,
unless extended in a subsequent Act of Congress.
organization of american states
Sec. 7071. (a) The Secretary of State shall instruct the
United States Permanent Representative to the Organization of
American States (OAS) to use the voice and vote of the United
States to: (1) implement budgetary reforms and efficiencies
within the Organization; (2) eliminate arrears, increase other
donor contributions, and impose penalties for successive late
payment of assessments; (3) prevent programmatic and
organizational redundancies and consolidate duplicative
activities and functions; (4) prioritize areas in which the OAS
has expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and (5)
implement reforms within the Office of the Inspector General
(OIG) to ensure the OIG has the necessary leadership,
integrity, professionalism, independence, policies, and
procedures to properly carry out its responsibilities in a
manner that meets or exceeds best practices in the United
States.
(b) Prior to the obligation of funds appropriated by this Act
and made available for an assessed contribution to the
Organization of American States, but not later than 90 days
after the date of enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees on actions taken or planned to be taken pursuant to
subsection (a) that are in addition to actions taken during the
preceding fiscal year, and the results of such actions.
multilateral development banks
Sec. 7072. (a) International Development Association
Twentieth Replenishment.--The International Development
Association Act (22 U.S.C. 284 et seq.) is amended by adding at
the end the following new section:
``SEC. 32. TWENTIETH REPLENISHMENT.
``(a) In General.--The United States Governor of the
International Development Association is authorized to
contribute on behalf of the United States $3,500,000,000 to the
twentieth replenishment of the resources of the Association,
subject to obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in subsection (a),
there are authorized to be appropriated, without fiscal year
limitation, $3,500,000,000 for payment by the Secretary of the
Treasury.''.
(b) Asian Development Fund Twelfth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by
adding at the end the following new section:
``SEC. 37. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $177,440,000 to the
twelfth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $177,440,000 for
payment by the Secretary of the Treasury.''.
war crimes accountability
Sec. 7073. (a) Exception for Certain Investigations.--Section
2004(h) of the American Servicemembers' Protection Act of 2002
(22 U.S.C. 7423(h)) is amended--
(1) by striking ``Agents.--No agent'' and inserting
the following: ``Agents.--
``(1) In general.--No agent''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The prohibition under paragraph (1)
shall not apply with respect to investigative
activities that--
``(A) relate solely to investigations and
prosecutions of foreign persons for crimes
within the jurisdiction of the International
Criminal Court related to the Situation in
Ukraine; and
``(B) are undertaken in concurrence with the
Attorney General.''.
(b) Exception for Certain Support.--Section 2015 of the
American Servicemembers' Protection Act of 2002 (22 U.S.C.
7433) is amended by striking ``Nothing'' through the end of
such section and inserting the following:
``(a) Assistance.--Nothing in this title shall prohibit the
United States from rendering assistance to international
efforts to bring to justice Saddam Hussein, Slobodan Milosovic,
Osama bin Laden, other members of Al Queda, leaders of Islamic
Jihad, and other foreign nationals accused of genocide, war
crimes or crimes against humanity, or from rendering assistance
to the International Criminal Court to assist with
investigations and prosecutions of foreign nationals related to
the Situation in Ukraine, including to support victims and
witnesses.
``(b) Authority.--Assistance made available pursuant to
subsection (a) of this section may be made available
notwithstanding section 705 of the Foreign Relations
Authorization Act, Fiscal Year 2000 and 2001 (22 U.S.C. 7401),
except that none of the funds made available pursuant to this
subsection may be made available for the purpose of supporting
investigations or prosecutions of U.S. servicemembers or other
covered United States persons or covered allied persons as such
terms are defined in section 2013 of this Act.
``(c) Notification.--The Secretary of State shall notify the
Committees on Appropriations, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, of any amounts obligated
pursuant to subsection (b) not later than 15 days before such
obligation is made.''.
(c) Rule of Construction.--Nothing in this section may be
construed to modify the existing roles or authorities of any
Federal agency or official.
rescissions
(including rescissions of funds)
Sec. 7074. (a) Millennium Challenge Corporation.--Of the
unobligated balances from amounts made available under the
heading ``Millennium Challenge Corporation'' from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $100,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated and unexpended balances from amounts available
under the heading ``Embassy Security, Construction, and
Maintenance'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$42,000,000 are rescinded.
(c) Contributions for International Peacekeeping
Activities.--Of the unobligated and unexpended balances from
amounts available under the heading ``Contributions for
International Peacekeeping Activities'' from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $100,000,000 are rescinded.
(d) Restriction.--No amounts may be rescinded from amounts
that were previously 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 ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2023''.
[Clerk's note.--Reproduced below is the material relating
to division K 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 S9285 of
Book II.
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DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
The explanatory statement accompanying this division is
approved and indicates congressional intent. In implementing
this agreement, Federal departments, agencies, commissions, and
other entities are directed to comply with the directives,
reporting requirements, and instructions contained in the H.
Rept. 117-401 (House report) accompanying H.R. 8282 (House
bill) as though stated in this explanatory statement, unless
specifically directed to the contrary.
This explanatory statement, while repeating some House
report language for emphasis or clarification, does not negate
language in such report unless expressly provided herein.
Language expressing an opinion or making an observation in the
House report represents the view of the House committee unless
specifically endorsed in this explanatory statement.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House report, may not be consolidated to include responses
to multiple requirements in a single report, except following
consultation with the Committees on Appropriations.
For purposes of this explanatory statement, the term ``the
Act'' means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023, and the term ``prior
Acts'' means prior Acts making appropriations for the
Department of State, foreign operations, and related programs.
In addition, ``division K of Public Law 117-103'' means the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2022; ``division K of Public Law 116-260''
means the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021; ``division G of Public Law
116-94'' means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020; ``division F of
Public Law 116-6'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019;
``division J of Public Law 115-31'' means the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2017; and ``division K of Public Law 114-113'' means the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2016.
For the purposes of the Act, the term ``regular
notification procedures of the Committees on Appropriations''
shall mean such Committees must be notified not less than 15
days in advance of the initial obligation of funds, and the
term ``reporting procedures of the Committees on
Appropriations'' shall mean a report must be provided to such
Committees not more than 90 days after the conclusion of fiscal
year 2023.
Federal agencies funded by the Act shall notify the
Committees on Appropriations of any reprogramming, as required
by section 7015 of the Act, at the most detailed level of the
Congressional Budget Justification (CBJ), the Act, or this
explanatory statement.
Section 7015(c) of the Act requires that any notification
submitted pursuant to subsection (f) of such section include
information, if known on the date of transmittal of such
notification, on the use of notwithstanding authority. The
Secretary of State and Administrator of the United States
Agency for International Development (USAID), as appropriate,
shall include in such notifications detailed information on the
provisions of law being notwithstood and a justification for
the use of such authority.
Congressional notifications submitted by the heads of the
Federal agencies funded in the Act for funds that are being
reallocated prior to initial obligation, reprogrammed, or
reobligated after deobligation, shall, to the maximum extent
practicable, contain detailed information about the sources of
the funds and why such funds are no longer needed or intended
to be used as previously justified.
The Secretary of State and USAID Administrator are directed
to submit notifications for the obligation of funds made
available by the Act and prior Acts not later than 60 days
prior to the expiration of such funds.
Section 7019 of the Act requires that amounts designated in
the respective tables included in this explanatory statement
for funds appropriated in titles III through V, including
tables in title VII, shall be made available in the amounts
designated, unless otherwise provided for in the Act, and shall
be the basis of the report required by section 653(a) of the
Foreign Assistance Act of 1961 (FAA) (653(a) report), where
applicable. In lieu of the funding tables and allocations of
funding contained in the House report, the tables and
allocations contained in this explanatory statement shall guide
departments, agencies, commissions, and other entities when
allocating funds. The Act provides that the amounts designated
in the tables shall be made available notwithstanding the date
of the transmission of the 653(a) report. The authority of
section 7019(b) to deviate by more than 10 percent shall not be
used to deviate to zero unless such funds cannot be legally
obligated or conditions are such that such deviation is
directly related to the national security interest of the
United States.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations unless an
exception or deviation authority is specifically provided in
the Act or this explanatory statement.
The Secretary of State and the USAID Administrator shall
continue to provide the Committees on Appropriations electronic
copies of all reports, notifications, spend plans, and any
other documents required by the Act, prior Acts, this and prior
explanatory statements and statements of managers, the House
report, and prior House and Senate reports.
For purposes of the Act and this explanatory statement, the
term ``prior consultation'' means a pre-decisional engagement
between a relevant Federal agency and the Committees on
Appropriations during which such Committees are given a
meaningful opportunity to provide facts and opinions, in
advance of any public announcement, to inform: (1) the use of
funds; (2) the development, content, or conduct of a program or
activity; or (3) a decision to be taken. Additionally, section
7020 of the Act includes specific requirements regarding multi-
year pledges.
Notwithstanding authority included in any provision of the
Act shall not be construed to exclude the requirements of such
provision.
Pursuant to section 7016(b), any Federal agency receiving
funds made available by the Act shall post on its publicly
available website any report required by the Act not later than
45 days following the receipt of such report by Congress. This
requirement does not apply if: (1) the public posting of the
report would compromise national security, including the
conduct of diplomacy; (2) the report contains proprietary or
other privileged information; or (3) the public posting of the
report is specifically exempted in the House report or this
explanatory statement.
For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), with respect to
appropriations contained in the Act, the term ``program,
project, and activity'' (PPA) means any item for which a dollar
amount is specified in the Act or this explanatory statement.
In addition, the definition of PPA in section 7023 of the Act
shall apply to the accounts listed in that section. In carrying
out any Presidential sequestration, Federal agencies funded by
the Act shall conform to the definition of PPA described in
this paragraph.
In submitting annual CBJs, each Federal agency funded by
the Act shall include detailed information on all available
resources, including estimated prior fiscal year unobligated
balances and recoveries, reimbursable agreements, funds
transferred pursuant to section 632(a) and (b) of the FAA and
significant uses of the Economy Act (31 U.S.C. 1535). Agencies
that use a Working Capital Fund (WCF) shall include in CBJs the
total budgetary resources for each office that receives funds
from a WCF, and include a table on WCF resources that will
serve as a baseline for reprogramming and transfer purposes.
CBJs shall also include estimated savings from any proposed
office or mission closure or reorganization, elimination of
special envoys and other senior level special representatives,
and actual prior fiscal year representation and entertainment
expenses for each department and agency where such expenses are
authorized.Spend plans submitted pursuant to section 7062(b) of
the Act shall: (1) include all intended sources of funds made
available by the Act and any other resources, as applicable,
for such program; and (2) conform to the definition of such
plan under section 7034(s)(4) of the Act.
Consistent with prior fiscal years, none of the funds made
available by the Act may be used to send or otherwise pay for
the attendance of more than 50 employees of Federal agencies
who are stationed in the United States at any single
international conference occurring outside the United States,
unless the Secretary of State reports to the appropriate
congressional committees at least 5 days in advance that such
attendance is important to the national interest.
For purposes of this restriction, the term ``international
conference'' means a conference attended by representatives of
the United States Government and of foreign governments,
international organizations, or nongovernmental organizations
(NGOs).
Federal agencies funded by the Act shall not provide
bonuses to government contractors who fail to complete their
contract in a satisfactory manner, including as a result of
avoidable scheduling delays or cost overruns.
The agreement does not endorse directives under certain
House report headings: Non-discrimination policies (under
Operating Expenses); and Assistance Priorities under section
7045 regarding funding for violence prevention programs at
Mexico's northern border.
In addition to amounts in this division, the agreement
includes $16,565,000,000 in division M to respond to the
situation in Ukraine and in countries impacted by the situation
in Ukraine and for additional support and assistance for other
operations, vulnerable populations, and communities.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The agreement includes $12,963,396,000 for Administration
of Foreign Affairs. The agreement includes a total of
$5,771,528,000 for embassy security, which are allocated
according to the following table:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Worldwide Security Protection.............................. 3,813,707
Embassy Security, Construction, and Maintenance............ 1,957,821
------------
Total.................................................... 5,771,528
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The agreement includes $9,463,159,000 for Diplomatic
Programs in this division. In addition, $147,054,000 is
included under this heading in division M of the Act. Funds
appropriated by the Act for activities, bureaus, and offices
under this heading are allocated according to the following
table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Category Authority
------------------------------------------------------------------------
Human Resources......................................... 3,420,898
Worldwide Security Protection......................... 684,767
Overseas Programs....................................... 1,841,831
Diplomatic Policy and Support........................... 1,043,372
Security Programs....................................... 3,157,058
Worldwide Security Protection......................... 3,128,940
---------------
Total............................................... 9,463,159
------------------------------------------------------------------------
BUREAU/OFFICE
(includes salary and bureau-managed funds)
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration
Freedom of Information Act............................ 41,300
Bureau of Democracy, Human Rights, and Labor
Atrocities Prevention Training........................ 500
Democracy fellowship program.......................... 800
Human Rights Vetting.................................. 20,000
Special Advisor on International Disability Rights.... 750
Special Advisor to Advance the Human Rights of LGBTQI+ 500
Persons..............................................
Bureau of Economic and Business Affairs
Office of Terrorism Financing and Economic Sanctions 10,691
Policy...............................................
Bureau of European and Eurasian Affairs
Office of the Special Envoy for Holocaust Issues...... 1,500
Bureau of Near Eastern Affairs
U.S. Special Envoy for Yemen.......................... 500
Bureau of Oceans and International Environmental and
Scientific Affairs
Ambassador-at-Large for the Arctic Region............. 2,000
Office of International Religious Freedom............... 8,840
Religious freedom curriculum development.............. 600
Office of the Secretary
Office of Diversity and Inclusion..................... 7,249
Office of Global Women's Issues....................... 15,000
Office to Monitor and Combat Anti-Semitism............ 1,500
Office of the Special Presidential Envoy for Hostage 2,000
Affairs..............................................
Special Coordinator for Tibetan Issues................ 1,000
Office to Monitor and Combat Trafficking in Persons..... 17,000
Race, Ethnicity, and Social Inclusion Unit.............. 2,000
------------------------------------------------------------------------
The agreement includes funding for additional Foreign
Service Officers and Civil Service positions for the Department
of State in fiscal year 2023. Prior to submitting the operating
plan required by section 7062(a) of the Act, the Secretary of
State shall consult with the Committees on Appropriations on
major changes from the prior fiscal year, including funding for
programs, offices, and staffing increases referenced in this
explanatory statement.
Arctic.--The Secretary of State shall prioritize filling
the position of Ambassador-at-Large for the Arctic Region and
ensure that the United States enhances its engagement in such
region. The agreement provides $2,000,000 to support the
Ambassador-at-Large, $50,000 for the Indigenous Peoples
Secretariat to support the work of U.S.-based Permanent Party
Participants to the Arctic Council, and funding for the next
Conference of Parliamentarians of the Arctic Region. The
Secretary of State shall support the 2024 Arctic Winter Games
and work with the Department of the Interior to ensure
appropriate support for the Arctic Youth Ambassadors Program.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State shall update the report required
under this heading in Senate Report 116-126 in the manner
described, including progress made in fiscal year 2022 and
efforts planned in fiscal year 2023 to better coordinate Arctic
policy within the Department of State.
Bureau of Cyberspace and Digital Policy.--The agreement
endorses the language under this heading in the House report.
Bureau of Intelligence and Research.--The agreement
includes funding above the prior fiscal year for the Bureau of
Intelligence and Research, including for information technology
(IT) modernization, which shall be made available following
consultation with the Committees on Appropriations.
Caribbean Countries.--The Secretary of State and USAID
Administrator shall, not later than 90 days after the date of
enactment of the Act, review the United States diplomatic and
development presence in the Caribbean and develop and submit to
the Committees on Appropriations a plan for expanding such
presence, with a particular focus on the Eastern and Southern
Caribbean. Such plan shall review and examine: (1) the
personnel, facility, and transportation assets, particularly
options for improved methods for transit between islands,
needed to reengage in a region and in countries where there is
no regular presence of United States diplomatic or development
personnel; (2) provide an estimate of resources required; and
(3) a timeline for the plan's implementation.
Case-Zablocki Act.--The agreement provides increased
funding to enhance Executive Branch reporting to Congress on
binding and non-binding instruments, including implementation
of the Case-Zablocki Act (1 U.S.C. 112b).
Charleston Passport Center.--Not later than 90 days after
the date of enactment of the Act, the Secretary of State shall
consult with the Committees on Appropriations on the operations
of the Charleston Passport Center, particularly the need for
in-person constituent appointments.
Consular Operations.--Not later than 90 days after the date
of enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing steps
taken to address visa and passport processing backlogs,
including the expansion of interview waivers, implementation of
new technology, and increases for staffing.
Conventional Arms Transfer Policy Oversight.--The agreement
includes $5,000,000 above the prior fiscal year to increase
staffing and resources for the Bureaus of Political-Military
Affairs and Democracy, Human Rights, and Labor (DRL) to enable
efficient management and robust oversight of United States
security assistance programs, related statutory requirements,
and implementation of the Conventional Arms Transfer Policy.
Department of State Staffing Reports.--Not later than 60
days after the date of enactment of the Act and every quarter
thereafter until September 30, 2024, the Secretary of State
shall submit a report to the Committees on Appropriations
detailing the on-board personnel levels, hiring, and attrition
of the Civil Service, Foreign Service, eligible family members,
and the Locally Employed Staff (LES) workforce of the
Department of State.
Diversity and Inclusion.--The agreement includes funding
for workforce diversity initiatives, including not less than
$6,000,000 each for the Pickering and Rangel Fellowships and
additional funds for the International Career Advancement
Program. The Department of State should continue to evaluate
diversity across Foreign Service Specialist tracks and
Generalist cones and determine whether the Foreign Affairs IT
Fellowship model or other such existing models could be
expanded to increase diversity in other fields.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State and USAID Administrator shall
submit a report to the appropriate congressional committees
describing the demographic composition of their respective
Federal advisory committees, boards, or commissions, including
any selections for advisory committees, boards, or commissions
in fiscal year 2023.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State shall update the report required
under the heading Department of State Diversity and Inclusion
in the explanatory statement accompanying division K of Public
Law 117-103.
East Asia and the Pacific Region.--The Department of State
shall ensure sufficient personnel are assigned to posts in the
East Asia and Pacific regions, including management, security,
political, consular, and economic officers in Laos, New
Zealand, and Samoa.
Employment in International Organizations.--The agreement
provides $500,000 for grants, programs, and activities to
promote the employment of U.S. citizens by international
organizations and bodies, including through consultation,
analytical services, and related support for such applicants.
Freedom of Expression Curriculum.--Not later than 60 days
after the date of enactment of the Act, the Secretary of State
shall update the report to the Committees on Appropriations on
the status of implementing the curriculum directed to be
established under this heading in Senate Report 116-126.
Global Criminal Justice.--The agreement provides funds
under this heading for the Office of Global Criminal Justice
(GCJ) to hire additional personnel above the prior fiscal year
to enhance GCJ's capacity to manage programs implemented
pursuant to section 7066(b) of the Act. Not later than 45 days
after the date of enactment of the Act, the Ambassador-at-Large
for GCJ shall consult with the Committees on Appropriations on
the implementation of such directive.
Intercountry Adoption.--The Secretary of State should
ensure that the fee schedule approved for the Intercountry
Adoption Accreditation and Maintenance Entity, Inc. (IAAME)
does not impose undue financial burdens on families seeking to
adopt internationally and confirm that fees collected for
monitoring and oversight by IAAME are not used for other
unpermitted purposes. The next annual report on intercountry
adoptions, as required by Public Law 106-279, shall detail
efforts of the Department of State to increase intercountry
adoptions in fiscal year 2023, including steps that the Bureau
of Consular Affairs takes to address impediments to
intercountry adoption and an assessment of the country-specific
technical assistance required to strengthen intercountry
adoption programs in partner countries.
International Fisheries Management Coordination.--The
Secretary of State shall work with Canadian officials and
relevant stakeholders to develop an agreement that addresses
territorial disputes and conflicting fisheries management
measures in the Gulf of Maine. Not later than 120 days after
the date of enactment of the Act, the Secretary shall submit a
report to the Committees on Appropriations detailing progress
toward, and contents of, such an agreement.
Nancy Pelosi Fellowship Program.--The agreement includes
$2,000,000 for a new Nancy Pelosi Fellowship Program for
undergraduate students to take advantage of internship
opportunities at think tanks, foundations, or other non-
education institutions dedicated to global service and
engagement as they pursue a career in the Foreign Service. The
Secretary of State shall consult with the Committees on
Appropriations not later than 90 days after the date of
enactment of the Act on the establishment of such program.
Office of Canadian Affairs.--The agreement provides
$500,000 for the Office of Canadian Affairs to continue leading
the U.S. interagency working group to identify gaps and
limitations within the Memoranda of Understanding between
British Columbia and Alaska, Washington, Idaho, and Montana.
Office of Global Food Security, Department of State.--The
agreement includes $3,000,000 for the Office of Global Food
Security to begin hiring to the Office's pre-2017 staffing
level and to carry out the diplomatic initiatives of the
office.
Outstanding Judgments.--The Secretary of State shall
assist, as appropriate, in obtaining payment of outstanding
judgments against foreign governments and diplomats, including
in the human trafficking civil case Lipenga v. Kambalame, and
submit a report to the Committees on Appropriations not later
than 30 days after the date of enactment of the Act on progress
in resolving that case in the prior fiscal year.
Pacific Islands Countries.--In addition to the reporting
requirements contained in the House report under the heading
Diplomatic and Development Presence in the Pacific Islands, the
Secretary of State, in consultation with the USAID
Administrator, as appropriate, shall report to the Committees
on Appropriations on: (1) the anticipated costs and timeline
for opening diplomatic facilities in Kiribati, Tonga, Solomon
Islands, and Vanuatu and expanding diplomatic and development
personnel in the region, including Samoa; (2) the anticipated
timeline for expanding and stationing United States direct
hires and hiring Locally Employed Staff in such countries, and
the feasibility of posting consular positions at such
facilities; (3) the feasibility for establishing a resident
Ambassador to such countries, and Samoa; and (4) options for
improved methods for transit to and between countries and
islands, including the feasibility and cost of operating and
maintaining dedicated transportation assets.
Paid Internships.--The agreement provides $18,000,000 for
paid internships for the Department of State as authorized by
section 9201 of the Department of State Authorization Act of
2022 (division I of H.R. 7900).
Preventing Diplomats from Aiding and Abetting Flights from
Justice.--The Secretary of State shall update the report
required under this heading in Senate Report 116-126 in the
manner described, except such report shall detail the steps
taken by the Department of State since the submission of the
previous report.
Private Security Companies.--Not later than 90 days after
the date of enactment of the Act, the Secretary of State shall
update the report required under this heading in Senate Report
115-152 regarding actions taken to ensure consistency in
upholding standards and codes of conduct used by certain
private security companies.
Real Property.--The Secretary of State shall assist in
facilitating resolutions of commercial disputes involving
United States entities seeking the return of real property
seized or expropriated by foreign governments, as appropriate.
Sanctions Implementation.--The agreement includes funding
to continue to strengthen implementation of the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et
seq), including for the Bureaus of Economic and Business
Affairs, International Narcotics and Law Enforcement Affairs
(INL), and DRL. The agreement also endorses House report
language under the heading Combating corruption under section
7045 of such report. The Secretary of State shall consult with
the Committees on Appropriations not later than 90 days after
the date of enactment of the Act on the implementation of these
directives.
Security Clearances.--Not later than 90 days after the date
of enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing: (1) the
average processing time to complete a security clearance
investigation; (2) the efforts the Department and partner
agencies are undertaking to reduce that processing time; and
(3) the projected results by the end of fiscal year 2023.
Staff Care and Resilience.--The agreement provides funds to
enhance staff care and resilience programs at the Department of
State. Not later than 120 days after the date of enactment of
the Act, the Secretary of State shall update the report
required under this heading in the explanatory statement
accompanying division K of Public Law 117-103.
Unexplained Health Incidents.--The agreement provides
funding to assist Department of State personnel and their
family members who have been impacted by unexplained health
incidents. Not later than 90 days after the date of enactment
of the Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the Department's ongoing
support for impacted personnel, consistent with the Helping
American Victims Afflicted by Neurological Attacks Act of 2021
(Public Law 117-46).
CAPITAL INVESTMENT FUND
The agreement includes $389,000,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement includes $98,500,000 for Office of Inspector
General in this division, of which $14,775,000 may remain
available until September 30, 2024, and also includes
$35,200,000 under this heading in this division for the Special
Inspector General for Afghanistan Reconstruction (SIGAR). In
addition, $5,500,000 is included under this heading in division
M of the Act.
Afghanistan.--The Secretary of State and USAID
Administrator shall work with SIGAR to resolve any disputes
related to SIGAR's ongoing investigatory and audit work,
consistent with prior fiscal years. The Special Inspector
General, the Secretary of State, and the USAID Administrator
shall brief the Committees on Appropriations on the status of
cooperation not later than 60 days after the date of enactment
of the Act and every 90 days thereafter until September 30,
2023.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The agreement includes $777,500,000 for Educational and
Cultural Exchange Programs, of which not less than $287,500,000
is for the Fulbright Program and $115,000,000 is for Citizen
Exchange Program. Funds under this heading are allocated
according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program.................................. 287,500
Global Academic Exchanges.......................... 63,981
Special Academic Exchanges......................... 22,158
Benjamin Gilman International Scholarship Program 17,000
South Pacific Scholarships....................... 1,000
Vietnam Education Foundation Act of 2000......... 2,500
------------------
Subtotal........................................... 373,639
Professional and Cultural Exchanges
International Visitor Leadership Program........... 105,000
Citizen Exchange Programs.......................... 115,000
Congress-Bundestag Youth Exchange................ 4,125
Special Professional and Cultural Exchanges........ 7,500
J. Christopher Stevens Virtual Exchange.......... 6,000
------------------
Subtotal........................................... 227,500
Special Initiatives
Young Leaders Initiatives.......................... 37,500
Countering State Disinformation and Pressure....... 12,000
Community Engagement Exchange Program.............. 6,000
Pawel Adamowicz Exchange Program................. 1,000
------------------------------------------------------
Subtotal........................................... 55,500
Program and Performance.............................. 15,800
Cultural Antiquities Task Force.................... 1,200
American Spaces...................................... 16,000
Exchanges Support.................................... 89,061
------------------
Total.............................................. 777,500
------------------------------------------------------------------------
Arctic Exchange Program.--The agreement provides $750,000
under this heading for the Arctic Exchange Program for the
purpose of fostering greater ties between business communities
in North America and Greenland.
Community Engagement Exchange Program.--The agreement
directs the Bureau of Educational and Cultural Affairs to
continue to focus on countries ranked as ``not free'' or
``partly free'' in Freedom House's Freedom in the World 2022
report and where the U.S. Government does not offer other
comparable exchange opportunities for civil society
organizations.
Fulbright Program.--The agreement includes additional funds
above the prior fiscal year for the Fulbright Program,
including funding for fellowships in Greece, Laos, and the
Pacific Islands countries (PICs).
Future Leaders Exchange Program.--The Secretary of State
shall increase the number of female participants in the Future
Leaders Exchange Program, including from Central Asia.
Increase and Diversify Education Abroad for U.S.
Students.--The agreement includes funding above the prior
fiscal year for the Increase and Diversify Education Abroad for
U.S. Students Program, and encourages the Secretary of State to
incorporate recommendations of the Commission on the Abraham
Lincoln Study Abroad Fellowship Program into such program, as
appropriate.
Madeleine K. Albright Fellowship Program.--The agreement
provides $1,500,000 to establish the Madeleine K. Albright
Fellowship Program for participants from foreign countries with
a focus on understanding and promoting the core principles of
democratic society. The Secretary of State shall consult with
the Committees on Appropriations prior to establishing such
program.
McCain Scholars and Fellowship Programs.--The agreement
provides $1,600,000 to continue funding for the three McCain
Scholars and Fellowship programs funded in prior Acts,
including $700,000 under the Benjamin Gilman International
Scholarships Program and $900,000 under the Fulbright Program.
Minority Serving Institutions.--The agreement provides
$4,000,000 for the Fulbright Historically Black Colleges and
Universities (HBCU) Institutional Leaders Initiative and the
Fulbright Hispanic-Serving Institution (HSI) Leaders Initiative
to continue to raise and expand awareness of Fulbright
opportunities among HBCU and HSI students and faculty, and
recommends that the Department of State expand these
initiatives to other Minority Serving Institutions. The
agreement endorses the reporting requirement under the heading
Historically Black Colleges and Universities in the House
report.
South Pacific Scholarship Program.--The agreement provides
$1,000,000 for the South Pacific Scholarship Program, which
shall be awarded on an open and competitive basis.
U.S.-Ireland Scholarship Programs.--The agreement includes
funding for U.S.-Ireland scholarship programs to be matched
dollar-for-dollar by the Government of Ireland and awarded on a
competitive basis.
REPRESENTATION EXPENSES
The agreement includes $7,415,000 for Representation
Expenses, subject to section 7010
(e) of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The agreement includes $30,890,000 for Protection of
Foreign Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The agreement includes $1,957,821,000 for Embassy Security,
Construction, and Maintenance.
Funds under this heading are allocated according to the
following table:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Repair, Construction, and Operations.................... 902,615
Repair and Construction............................... 197,405
Operations............................................ 705,210
Worldwide Security Upgrades............................. 1,055,206
Capital Security Cost Sharing and Maintenance Cost 940,206
Sharing Programs.....................................
Compound Security Program............................. 115,000
---------------
Total, Embassy Security, Construction, and 1,957,821
Maintenance........................................
------------------------------------------------------------------------
Argentina.--Not later than 60 days after the date of
enactment of the Act, the Secretary of State shall consult with
the Committees on Appropriations on the timeline for embassy
construction and rehabilitation projects in Buenos Aires,
Argentina.
Art in Embassies Program.--Not later than 180 days after
the date of enactment of the Act, the Secretary of State shall
update the report required under this heading in Senate Report
114-79, as necessary, and identify each U.S. Embassy in which
the art is being displayed.
The Secretary of State shall continue to include in
diplomatic facility construction project notifications that
contain funds for a major purchase of art, a determination that
such purchase is in the national interest of the United States.
For major purchases of art that are not part of a diplomatic
facility construction project, such determination shall be made
and reported to the Committees on Appropriations prior to the
obligation of funds for such purpose.
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The agreement includes $940,206,000 under this
heading, as well as an additional $162,285,000 in consular
fees, for the Department of State contribution to the Capital
Security Cost Sharing and Maintenance Cost Sharing Programs in
fiscal year 2023. An additional $1,101,726,000 is available
from other agency contributions.
United States Embassy in Havana, Cuba.--The Secretary of
State shall update the report under this heading in Senate
Report 116-126 in the manner described.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The agreement includes $8,885,000 for Emergencies in the
Diplomatic and Consular Service.
Quarterly Reports.--The quarterly reports required by
section 124 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204) shall include, by
category, actual expenditures for the prior two fiscal years
and cumulative totals for the current fiscal year of the funds
available under this heading.
REPATRIATION LOANS PROGRAM ACCOUNT
The agreement includes $1,300,000 for Repatriation Loans
Program Account and $1,000,000 transfer authority under
Emergencies in the Diplomatic and Consular Service to support
the subsidy cost and a total loan level of $4,753,048.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The agreement includes $34,083,000 for Payment to the
American Institute in Taiwan.
Taiwan Fellowship Program.--The agreement provides funding
to establish a Taiwan Fellowship Program. Not later than 90
days after the date of enactment of the Act, the Secretary of
State, in consultation with the Director of the American
Institute in Taiwan, shall submit a plan to the Committees on
Appropriations on steps intended to be taken to establish and
implement such program.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The agreement includes $743,000 for International Center,
Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The agreement includes $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The agreement includes $1,438,000,000 for Contributions to
International Organizations, of which $96,240,000 may remain
available until September 30, 2024.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The agreement includes $1,481,915,000 for Contributions for
International Peacekeeping Activities, of which $740,958,000
may remain available until September 30, 2024.
Report.--Not later than 60 days after the date of enactment
of the Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing overdue payments to
United Nations (UN) peacekeeping troop contributing countries
(TCCs), including an assessment of the impact of such overdue
payments on TCCs' operational readiness.
Russian Military Equipment.--The Secretary of State is
directed to work with the UN to reduce the UN's reliance on
Russian military equipment, and to report to the Committees on
Appropriations not later than 90 days after the date of
enactment of the Act on steps to be taken to achieve such
outcome.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The agreement includes $57,935,000 for Salaries and
Expenses, of which $8,690,000 may remain available until
September 30, 2024.
CONSTRUCTION
The agreement includes $53,030,000 for Construction.
Consultation.--Not later than 30 days after the date of
enactment of the Act, the U.S. Commissioner of the U.S. Section
of the International Boundary and Water Commission shall
consult with the Committees on Appropriations on the fiscal
year 2023 operating plan, including the planning, resources,
and timeline for new and ongoing construction projects.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The agreement includes $16,204,000 for American Sections,
International Commissions, of which $10,881,000 is for the
International Joint Commission (IJC), $2,323,000 is for the
International Boundary Commission, and $3,000,000 is for the
North American Development Bank.
Lake Champlain-Richelieu River Watershed.--The agreement
provides the funding requested for the IJC to finalize reports
and responses to stakeholders for its multi-year, U.S.-Canadian
study on the causes and impacts of, and mitigation options for,
flooding in the Lake Champlain-Richelieu River watershed.
Transboundary Watershed Management.--The agreement includes
funds above the prior fiscal year for the IJC, in collaboration
with the U.S. interagency working group led by the Office of
Canadian Affairs, to address gaps and limitations in
transboundary governance between British Columbia and bordering
U.S. states, including Alaska, Washington, Idaho, and Montana.
INTERNATIONAL FISHERIES COMMISSIONS
The agreement includes $65,719,000 for International
Fisheries Commissions. Such funds are allocated according to
the following table:
INTERNATIONAL FISHERIES COMMISSIONS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission.......................... 50,000
Lake Champlain and Lake Memphremagog Basins........... 10,000
Grass Carp............................................ 1,000
Lake Memphremagog Fishery............................. 500
Inter-American Tropical Tuna Commission................. 1,750
Pacific Salmon Commission............................... 5,868
International Pacific Halibut Commission................ 4,582
Other Marine Conservation Organizations................. 3,519
---------------
Total............................................... 65,719
------------------------------------------------------------------------
The agreement includes $50,000,000 for the Great Lakes
Fishery Commission (GLFC) for operations and programs,
including funds for the Commission to address risks to its
programs, fund its infrastructure strategy, implement its
invasive sea lamprey control, conduct research to aid cross-
border fishery management, and manage grass carp control in the
Great Lakes. The agreement also supports the efforts of the
GLFC to combat other invasive carp species in the Great Lakes
Basin.
RELATED AGENCY
United States Agency for Global Media
INTERNATIONAL BROADCASTING OPERATIONS
The agreement includes $875,000,000 for International
Broadcasting Operations, of which $43,750,000 may remain
available until September 30, 2024.
Funds under this heading are allocated according to the
following table and are subject to sections 7015 and 7062 of
the Act:
INTERNATIONAL BROADCASTING OPERATIONS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities
International Broadcasting Bureau..................... 55,508
Office of Cuba Broadcasting........................... 12,973
Office of Technology, Services, and Innovation........ 182,851
Voice of America...................................... 267,476
---------------
Subtotal.............................................. 518,808
Independent Grantee Organizations
Radio Free Europe/Radio Liberty....................... 146,602
Radio Free Asia....................................... 63,000
Middle East Broadcasting Networks..................... 106,590
Open Technology Fund.................................. 40,000
---------------
Subtotal.............................................. 356,192
---------------
Total............................................... 875,000
------------------------------------------------------------------------
Data and Communication Security.--Not later than 90 days
after the date of enactment of the Act, the USAGM Chief
Executive Officer (CEO) and the heads of the independent
grantee organizations shall submit a joint report to the
Committees on Appropriations on a strategy to improve the cyber
resilience of the agency's IT systems.
Language Service Review.--Not later than 60 days after the
date of enactment of the Act, the USAGM CEO shall submit a
report to the appropriate congressional committees detailing
the process and outcome of the 2022 Language Service Review,
including assessments and cost-benefit analyses for
establishing new language services directed in the House report
under the headings Mongolia and Pacific Islands, and the
planned timing and focus of the 2023 Language Service Review.
BROADCASTING CAPITAL IMPROVEMENTS
The agreement includes $9,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The agreement includes $22,000,000 for The Asia Foundation.
United States Institute of Peace
The agreement includes $55,000,000 for United States
Institute of Peace.
Center for Middle Eastern-Western Dialogue Trust Fund
The agreement provides $177,000 from interest and earnings
from the Center for Middle Eastern-Western Dialogue Trust Fund.
The Center shall continue efforts to leverage existing
funds to secure contributions from private and other public
sources to the maximum extent practicable. The agreement
supports Department of State oversight of the annual grant to
the Center; however, the Secretary of State shall not require
prior approval of program participants.
Eisenhower Exchange Fellowship Program
The agreement includes $175,000 from interest and earnings
from the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Pprogram
The agreement includes $91,000 from interest and earnings
from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The agreement includes $22,000,000 for East-West Center.
Funds are provided above the prior fiscal year to expand
programs and activities, particularly in PICs.
National Endowment for Democracy
The agreement includes $315,000,000 for National Endowment
for Democracy, of which $205,632,000 shall be allocated in the
traditional and customary manner, including for the core
institutes, and $109,368,000 for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The agreement includes $819,000 for Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The agreement includes $3,500,000 for United States
Commission on International Religious Freedom as reauthorized
in the United States Commission on International Religious
Freedom Reauthorization Act of 2022 (Public Law 117-181). The
Commission shall regularly monitor, report on, and advocate
against laws and policies of foreign countries that permit or
condone violations of human rights of minority groups and other
vulnerable communities on the basis of religion.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The agreement includes $2,908,000 for Commission on
Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The agreement includes $2,300,000 for Congressional-
Executive Commission on the People's Republic of China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The agreement includes $4,000,000 for United States-China
Economic and Security Review Commission.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The agreement includes $1,743,350,000 for Operating
Expenses in this division, of which $261,503,000 may remain
available until September 30, 2024. In addition, $5,000,000 is
included under this heading in division M of the Act. Funds
under this heading are allocated according to the following
table and subject to sections 7015 and 7062 of the Act:
OPERATING EXPENSES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Overseas Operations..................................... 821,194
Washington Support...................................... 564,771
Central Support......................................... 407,855
Global Development Partnership Initiative............... 111,500
Total, Operating Expenses............................. 1,905,320
of which, fiscal year 2023 appropriations........... 1,743,350
of which, carryover and other sources............... 161,970
------------------------------------------------------------------------
Diversity and Inclusion.--The agreement includes funding to
support diversity, equity, inclusion, and accessibility
initiatives at USAID, including fellowships to promote
diversity in the Foreign Service. Not later than 90 days after
the date of enactment of the Act, the Administrator shall
submit a report to the appropriate congressional committees on
implementation of current workforce diversity activities,
including benchmarks for ensuring accountability and progress
on these initiatives.
Localization.--Not later than 45 days after the date of enactment of
the Act, the USAID Administrator shall submit to the Committees on
Appropriations, and post on the USAID website, a copy of USAID's
policies and procedures for rewarding agency personnel who demonstrate
the skills and commitment to building lasting partnerships with local
government officials and community leaders to implement programs that
encourage and support local initiative and local ownership, including,
but not limited to, Centroamerica Local and Local Works.
Personnel.--The agreement includes funding to support the
Global Development Partnership Initiative, USAID's multi-year
workforce expansion initiative.
Staff Care and Resilience.--The agreement provides funds to
enhance staff care and resilience programs at USAID. Not later
than 120 days after the date of enactment of the Act, the USAID
Administrator shall update the report required under this
heading in the explanatory statement accompanying division K of
Public Law 117-103.
Staffing Report.--Not later than 60 days after the date of
enactment of the Act, and every quarter thereafter until
September 30, 2023, the USAID Administrator shall submit a
report to the Committees on Appropriations on the on-board
personnel levels, hiring, and attrition of the Civil Service,
Foreign Service, and Foreign Service National workforce of
USAID, on an operating unit-by-operating unit basis.
Volunteers.--The USAID Administrator shall implement an
agency-wide policy that attributes additional merit to
proposals and applications that include the use of skilled U.S.
and local volunteers, including, as appropriate, the use of the
Peace Corps Response volunteers and U.S. Government retirees,
to implement locally-driven development activities. Not later
than 45 days after the date of enactment of the Act, such
policy shall be posted on the USAID website and submitted to
the Committees on Appropriations.
CAPITAL INVESTMENT FUND
The agreement includes $259,100,000 for Capital Investment
Fund.
OFFICE OF INSPECTOR GENERAL
The agreement includes $80,500,000 for Office of Inspector
General in this division, of which $12,075,000 may remain
available until September 30, 2024. In addition, $8,000,000 is
included under this heading in division M of the Act.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The agreement includes $10,560,950,000 for Global Health
Programs. Funds under this heading are allocated according to
the following table and subject to section 7019 of the Act:
GLOBAL HEALTH PROGRAMS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health............................... 910,000
Polio................................................. 85,000
The GAVI Alliance..................................... 290,000
Maternal and Neonatal Tetanus......................... 2,000
Nutrition (USAID)....................................... 160,000
Iodine Deficiency Disorder............................ 3,000
Micronutrients........................................ 33,000
of which, Vitamin A................................... [22,500]
Vulnerable Children (USAID)............................. 30,000
Blind Children........................................ 4,500
HIV/AIDS (USAID)........................................ 330,000
Microbicides.......................................... 45,000
HIV/AIDS (Department of State).......................... 6,395,000
The Global Fund to Fight AIDS, Tuberculosis, and 2,000,000
Malaria..............................................
UNAIDS................................................ 50,000
Family Planning/Reproductive Health (USAID)............. 523,950
Global Health Security.................................. 900,000
Coalition for Epidemic Preparedness Innovations....... 100,000
Malaria................................................. 795,000
Tuberculosis............................................ 394,500
Global TB Drug Facility............................... 15,000
Other Public Health Threats............................. 122,500
Neglected Tropical Diseases........................... 114,500
---------------
Total............................................... 10,560,900
------------------------------------------------------------------------
Child Wasting.--Not later than 60 days after the date of
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on efforts to scale-up
USAID procurement of Ready-to-Use Therapeutic Food (RUTF) for
nutrition programming funded under this heading and under
International Disaster Assistance, including the procurement of
American-made RUTF.
Frontline Health Workers.--The agreement includes funds to
increase USAID activities to: (1) support frontline health
workers, including those in conflict settings; (2) expand and
diversify the global health workforce; (3) increase leadership
opportunities for women; and (4) increase investments in
digital technologies for health, including using digital
systems to improve access to primary healthcare services. Not
later than 90 days after the date of enactment of the Act, the
USAID Administrator shall consult with the Committees on
Appropriations on efforts to track funding for, and measure
progress on, such activities in a consistent and standardized
way.
Health Reserve Fund.--The agreement includes up to
$8,000,000 of the funds made available for ``Other Public
Health Threats'' under this heading for the Health Reserve Fund
to support cross-cutting health activities, including health
service delivery, the health workforce, health information
systems, access to essential medicines, health systems
financing, and governance, in challenging environments and
countries in crisis. The USAID Administrator shall consult with
the Committees on Appropriations on the uses of such funds.
HIV-Positive Pregnant Women.--The U.S. Global AIDS
Coordinator is encouraged to prioritize treatment for HIV-
positive pregnant women to prevent mother-to-child
transmission. Not later than 120 days after the date of
enactment of the Act, the Coordinator shall submit a report to
the Committees on Appropriations on services provided to HIV-
positive women during pregnancy, labor and delivery, and the 12
months following delivery, including diagnosis and treatment
services, to ensure mother and child have access to treatment.
HIV, TB, and Malaria Report.--Not later than 90 days after
the date of enactment of the Act, the USAID Administrator and
the U.S. Global AIDS Coordinator shall submit a report to the
Committees on Appropriations detailing the approximate number
of treatments provided for HIV/AIDS, tuberculosis, and malaria,
disaggregated by disease, as a result of U.S. Government
assistance in fiscal years 2020 and 2021. Such report shall
include detail on funds expended to achieve such outcomes.
Leprosy.--The USAID Administrator is encouraged to support
research and development of a vaccine to protect against nerve
damage resulting from leprosy.
Maternal and Child Health Report.--Not later than 90 days
after the date of enactment of the Act, the USAID Administrator
shall submit a report to the Committees on Appropriations on
the following outcomes achieved during the previous fiscal
year, disaggregated by country: (1) the approximate number of
treatments provided to children for pneumonia and diarrhea,
reported separately, as a result of U.S. Government assistance;
and (2) the approximate number of mothers and infants who
received postnatal care within two days of childbirth as a
result of such assistance. Such report shall include detail on
funds expended to achieve such outcomes.
Multilateral Vaccine Development.--The agreement includes
$100,000,000 for a United States contribution to the Coalition
for Epidemic Preparedness Innovations, pursuant to section 6501
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81). Not later than 90 days after the date of
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on such contribution.
Research and Development.--Not later than 60 days after the
date of enactment of the Act, the USAID Administrator shall
update the report required under this heading in Senate Report
116--126. Such report shall also include detail on USAID's
research and development of antibiotics.
Vaccines.--The agreement supports continued efforts at not
less than the prior fiscal year to create effective vaccines
for malaria and HIV/AIDS and to undertake vaccine development
efforts to prevent and respond to infectious disease outbreaks.
Vulnerable Children.--The agreement supports funding to
coordinate assistance for orphans and vulnerable children and
to implement the United States Government Strategy on Advancing
Protection and Care for Children in Adversity (APCCA). The
annual report required by the Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of 2005 (Public
Law 109-95) shall include the amounts invested for each
objective of the APCCA in the prior fiscal year.
Not later than 180 days after the date of enactment of the
Act, the USAID Administrator and the Secretary of State shall
jointly submit a report to the Committees on Appropriations on:
(1) the amount of funding provided under development and
humanitarian assistance accounts for mental health and
psychosocial support programming in the prior fiscal year; and
(2) how USAID and the Department of State are working to
integrate mental health and psychosocial programming, including
child-specific programming, into their development and
humanitarian assistance programs.
DEVELOPMENT ASSISTANCE
The agreement includes $4,368,613,000 for Development
Assistance. Funds for certain countries and programs under this
heading are allocated according to the following table and
subject to section 7019 of the Act:
DEVELOPMENT ASSISTANCE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
Counter-Lord's Resistance Army/Illicit Armed Groups 10,000
Program................................................
Democratic Republic of the Congo........................ 95,000
Ghana................................................... 64,100
Liberia................................................. 71,500
Malawi.................................................. 65,500
Higher education programs............................. 10,000
Mozambique.............................................. 73,500
Somalia55,000...........................................
The Gambia democracy programs........................... 2,000
Power Africa............................................ 100,000
Young African Leaders Initiative (YALI)................. 20,000
East Asia and the Pacific
Cambodia................................................ 58,000
Youth empowerment and countering PRC influence........ 5,000
Democracy programs.................................... 23,000
Greater Mekong rule of law and environment.............. 7,000
Mongolia................................................ 7,000
Thailand................................................ 7,000
Timor-Leste............................................. 16,000
Middle East and North Africa
USAID Middle East Regional
Refugee Scholarships Program in Lebanon............... 10,000
South and Central Asia
Bangladesh
Labor programs........................................ 3,000
Maldives................................................ 6,000
Western Hemisphere
Haiti
Reforestation......................................... 8,500
Global Programs
Bureau for Resilience and Food Security
Feed the Future Innovation Labs....................... 62,000
Global Crop Diversity Trust........................... 5,500
Combating child marriage................................ 20,000
Development Innovation Ventures......................... 40,000
Disability Programs..................................... 20,000
Leahy War Victims Fund.................................. 15,000
Low Cost Eyeglasses..................................... 5,000
Market-Based Social Enterprises......................... 3,000
Mobility Program........................................ 3,000
Ocean Freight Reimbursement Program..................... 2,500
Office of Education..................................... 35,000
Trade Capacity Building................................. 20,000
USAID Advisor for Indigenous Peoples' Issues............ 5,700
Victims of Torture...................................... 12,000
Wheelchairs............................................. 5,000
------------------------------------------------------------------------
Advisor for Indigenous Peoples' Issues.--The agreement
includes $500,000 under title II of the Act for administrative
and other related expenses, and $5,700,000 under this heading
for program costs, personnel, and other administrative expenses
for USAID's Advisor for Indigenous Peoples' Issues, consistent
with the directives under this heading in the explanatory
statement accompanying division K of Public Law 117-103.
Clean Cookstoves.--The Department of State and USAID, in
partnership with other Federal agencies, shall continue to help
address the health and safety issues associated with
traditional cookstoves, including by distributing clean
cookstoves that sustainably reduce fuel consumption and
exposure to harmful smoke.
Digital Risk Impact Assessments.--The agreement supports
USAID's Digital Ecosystem Country Assessment initiative, which
identifies development opportunities and risks in digital
connectivity and infrastructure; digital society, rights, and
governance; and digital economy, and provides additional funds
for USAID to complete such an assessment for each bilateral
mission.
Faith-Based Organizations.--The Secretary of State and
USAID Administrator shall continue to use the faith sector, in
conjunction with the public and private sectors, for the
delivery of assistance in developing countries.
Leahy War Victims Fund.--The agreement includes funds for
the Leahy War Victims Fund (LWVF), which assists people with
severe disabilities as a result of armed conflict. Not later
than 90 days after the date of enactment of the Act, the USAID
Administrator shall submit a report to the Committees on
Appropriations detailing: (1) the amount and purposes of LWVF
funds made available, by country, in fiscal years 2020, 2021,
and 2022, and the amount expected to be made available, by
country, in fiscal year 2023; and (2) the implementing partners
in each country.
Low Cost Eyeglasses.--The agreement includes funds for
USAID's program to support sustainable, locally owned
initiatives that provide needy children and adults with poor
vision access to low cost eyeglasses. Not later than 90 days
after the date of enactment of the Act, the USAID Administrator
shall consult with the Committees on Appropriations on the
planned uses of such funds and on the implementation of USAID's
multiyear strategy to support: (1) government led and
implemented expansion of access to eyeglasses within public
health and education systems; and (2) growing the number of
for-profit optical businesses that serve low-income customers.
Wheelchairs.--The agreement includes funds for USAID's
Wheelchair Program to improve the availability of, and access
to, appropriate wheelchairs in low- and middle-income
countries, including to support international coordination and
professionalization of the wheelchair sector to ensure services
and product standards are developed and promoted globally.
Broader efforts to increase global access to assistive
technology contribute to improved access to wheelchairs, and
these funds may be used to promote such efforts. The USAID
Administrator shall consult with the Committees on
Appropriations prior to the initial obligation of funds for
such purposes.
Youth Report.--The agreement endorses the reporting
requirement under the heading Tracking of Funding for Children
and Youth in the House report. The USAID Administrator shall
consult with the Committees on Appropriations on such report
prior to its submission, including data collected on programs
to ensure all age groups are benefitting proportionately,
particularly infants and children under school age. The USAID
Administrator should work with partner countries to prioritize
the needs of such age group.
INTERNATIONAL DISASTER ASSISTANCE
The agreement includes $3,905,460,000 for International
Disaster Assistance in this division. In addition, $937,902,000
is included under this heading in division M of the Act.
TRANSITION INITIATIVES
The agreement includes $80,000,000 for Transition
Initiatives in this division. In addition, $50,000,000 is
included under this heading in division M of the Act.
COMPLEX CRISES FUND
The agreement includes $60,000,000 for Complex Crises Fund.
ECONOMIC SUPPORT FUND
The agreement includes $4,301,301,000 for Economic Support
Fund in this division. In addition, $12,966,500,000 is included
under this heading in division M of the Act. Funds for certain
countries and programs under this heading are allocated
according to the following table and subject to section 7019 of
the Act:
ECONOMIC SUPPORT FUND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
West Africa anti-slavery programs....................... 2,000
East Asia and the Pacific
Association of Southeast Asian Nations partnership 22,500
programs...............................................
Burma................................................... 50,000
Thailand................................................ 7,000
Middle East and North Africa
Iraq.................................................... 150,000
Scholarships.......................................... 10,000
Democracy............................................. 25,000
Justice sector assistance............................. 2,500
Lebanon................................................. 112,500
Lebanon scholarships.................................. 14,000
Middle East Partnership Initiative...................... 27,200
Scholarship program................................... 20,000
Middle East Regional Cooperation........................ 8,000
Near East Regional Democracy............................ 55,000
Nita M. Lowey Middle East Partnership for Peace Act..... 50,000
West Bank and Gaza...................................... 225,000
South and Central Asia................................
Maldives................................................ 3,000
Western Hemisphere
Organization of American States......................... 5,000
Global Programs
Atrocities Prevention................................... 3,000
Bureau for Oceans and International Environment and
Scientific Affairs.....................................
Arctic Council........................................ 1,000
Conflict and Stabilization Operations................... 5,000
Family Planning/Reproductive Health (USAID)............. 51,050
House Democracy Partnership............................. 2,300
Implementation of Public Law 99-415..................... 4,000
Information Communications Technology Training.......... 1,000
Small Island Developing States.......................... 50,000
------------------------------------------------------------------------
Domestic Resource Mobilization.--USAID shall continue to
encourage partner countries to increase their investments in
health, education, and other development sectors by
strengthening revenue generation and budgetary capacity,
reducing losses from corruption and graft, and countering tax
avoidance.
Middle East Partnership Initiative Availability and
Consultation Requirement.--The agreement includes funds
appropriated under title III of the Act, which shall be made
available for assistance for the Western Sahara. Not later than
90 days after the date of enactment of the Act and prior to the
obligation of such funds, the Secretary of State, in
consultation with the USAID Administrator, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
Office of Global Women's Issues.--The agreement includes
funds above the prior fiscal year for the Office of Global
Women's Issues. The Secretary of State and the Ambassador-at-
Large for Global Women's Issues shall consult with the
Committees on Appropriations on the proposed uses of funds made
available for such office.
Small Island Developing States.--The agreement includes
funds for Small Island Developing States (SIDS) in addition to
funds specifically designated for the Caribbean and PICs in the
Act and this explanatory statement, which should not be limited
to use in the Caribbean and PICs. Such funds shall be used to
help respond to the complex challenges facing SIDS,
particularly those that rely on external financing to help
prepare for, and recover from, climate-related disasters and to
manage growing debt burdens. The Secretary of State and USAID
Administrator shall jointly consult with the Committees on
Appropriations on the allocation of such funds prior to the
submission of the 653(a) report.
DEMOCRACY FUND
The agreement includes $355,700,000 for Democracy Fund, of
which $222,450,000 is for the Department of State's Bureau of
Democracy, Human Rights, and Labor, and $133,250,000 is for
USAID's Bureau for Development, Democracy, and Innovation.
The agreement includes funds for the directives included in
the table under this heading in the House report.
Annual Country Human Rights Report.--In lieu of the
directives on the annual country human rights reports in the
House report, the Secretary of State shall consult with the
Committees on Appropriations on such report.
Human Rights.--In lieu of the directive in the House report
under this heading, the Secretary of State, in consultation
with the USAID Administrator, should submit a report to the
Committees on Appropriations, not later than 60 days after the
date of enactment of the Act, on the activities of special
envoys with responsibilities for issues of concern to
marginalized populations.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The agreement includes $500,334,000 for Assistance for
Europe, Eurasia and Central Asia in this division. In addition,
$350,000,000 is included under this heading in division M of
the Act.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The agreement includes $2,912,188,000 for Migration and
Refugee Assistance in this division. In addition,
$1,535,048,000 is included under this heading in division M of
the Act.
Donor Contributions.--Not later than 90 days after the date
of enactment of the Act, the Secretary of State shall report to
the Committees on Appropriations on steps taken by the
Department of State to encourage increased contributions,
including by the Gulf countries, to international humanitarian
assistance appeals, including for food assistance managed by
the World Food Programme. The report should include the level
of funding pledged and provided to appeals for such assistance
from international organizations by each of the Gulf countries
in fiscal years 2021 and 2022.
Older People.--Not later than 120 days after the date of
enactment of the Act, the Secretary of State and USAID
Administrator shall brief the Committees on Appropriations on
the inclusion of older people as beneficiaries of humanitarian,
evacuation, resettlement, and recovery efforts, including the
relevant policies and reporting mechanisms in place to ensure
such inclusion.
People's Republic of China Special Economic Zones.--The
Secretary of State should review the protection and assistance
needs of migrants and others who have fallen prey to human
trafficking associated with cyber and financial crimes,
including victims of crimes committed by PRC criminal
syndicates within Special Economic Zones in Burma, Laos, and
Cambodia.
Refugee Employment.--The Secretary of State shall expand
efforts, utilizing existing organizations and mechanisms, to
assist refugees and other displaced persons in becoming self-
reliant through labor mobility, as a complementary solution for
refugees in addition to resettlement. The Secretary should also
assess and consider refugees' skills as a factor in assigning
refugees to resettlement locations within the United States in
order to facilitate their success and to meet the needs of
United States businesses by helping to fill skill gaps and
provide needed talent for economic growth. Not later than 60
days after the date of enactment of the Act, the Secretary
shall report to the Committees on Appropriations on steps being
taken in response to this directive.
Rohingya Refugees.--The agreement includes funds to
continue necessary support for Rohingya refugees in Cox's Bazar
and other parts of Bangladesh, as well as those in other
countries in the region. The Secretary of State is directed to
work with neighboring countries to ensure safe transit and full
access to refugees from Burma.
Unaccompanied Refugee Minors.--Funds provided under this
heading should support the resettlement of eligible
unaccompanied refugee minors who have been referred by the UN
High Commissioner for Refugees and NGOs.
United States Refugee Admissions Program.--Not later than
90 days after the date of enactment of the Act, the Secretary
of State shall submit a report on the United States Refugee
Admissions Program (USRAP) to the appropriate congressional
committees. Such report shall include: (1) for each fiscal year
2019 through 2022, the average duration of each step of the
refugee screening process; the number of interviews, approvals,
and denials of refugee applications; and the number of cases
placed on hold or that are pending; (2) for the current fiscal
year, the number of refugees in the USRAP pipeline,
disaggregated by status; (3) the total number of Afghan
nationals referred to the USRAP, disaggregated by P1, P2, P3,
and I-730; the total number of Afghan SIV applicants; and the
number of Afghan nationals with pending Humanitarian Parole
applications; and (4) the number of Iraqi Priority 2 Direct
Access Program adjudications since the resumption of the
program on March 1, 2022.
The Secretary of State shall also update the report
required under this heading in Senate Report 115-282 in the
manner described.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The agreement includes $100,000 for United States Emergency
Refugee and Migration Assistance Fund.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $430,500,000 for Peace Corps, of
which $7,300,000 is for the Office of Inspector General.
Prioritization.--The agreement endorses language in the
House report regarding the prioritization of opening programs
in PICs, including in countries where the Peace Corps
terminated such programs, such as in Palau.
MILLENNIUM CHALLENGE CORPORATION
The agreement includes $930,000,000 for Millennium
Challenge Corporation, including up to $130,000,000 for
administrative expenses.
Supporting Economic Growth.--The Millennium Challenge
Corporation should continue trade-based capacity building
efforts in support of the AGOA and MCA Modernization Act
(Public Law 115-167) and collaborate with other agencies to
address the existing barriers that sub-Saharan African nations
face in the development of free trade agreements.
INTER-AMERICAN FOUNDATION
The agreement includes $47,000,000 for Inter-American
Foundation. The agreement includes sufficient funds to support
the exchange program described under this heading in the House
report.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The agreement includes $45,000,000 for United States
African Development Foundation. The agreement includes
sufficient funds to support partnerships between the United
States African Development Foundation and African diaspora
communities in the United States that further African-led
development projects, as described under this heading in the
House report.
The operating plan required by section 7062(a) of the Act
shall include current and projected staffing levels, as well as
the use of, and rationale for, different hiring authorities,
including for U.S. direct hires and contractors.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The agreement includes $38,000,000 for International
Affairs Technical Assistance, of which not more than $9,500,000
is for administrative expenses.
DEBT RESTRUCTURING
The agreement includes $52,000,000 for Debt Restructuring
to support multilateral debt restructurings, including Paris
Club debt restructurings and the Common Framework on Debt
Treatments, to provide economic relief to low-income countries.
TROPICAL FOREST AND CORAL REEF CONSERVATION
The agreement includes $20,000,000 for Tropical Forest and
Coral Reef Conservation. In implementing the Tropical Forest
and Coral Reef Conservation Act, the Department of the Treasury
should seek to negotiate agreements with eligible partners in
the most expeditious manner possible.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The agreement includes $1,391,004,000 for International
Narcotics Control and Law Enforcement in this division. In
addition, $300,000,000 is included under this heading in
division M of the Act. Funds for certain countries, programs,
and activities under this heading are allocated according to
the following table and subject to section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Association of Southeast Asian Nations partnership 2,500
programs...............................................
Atrocities Prevention................................... 3,000
Combating Wildlife Trafficking.......................... 50,000
Cybercrime and Intellectual Property Rights............. 20,000
Demand Reduction........................................ 20,000
Democratic Republic of the Congo........................ ..............
Virunga National Park security........................ 2,000
Global Crime and Drugs Policy........................... 7,000
International Law Enforcement Academy................... 39,000
International Organized Crime........................... 68,150
Pakistan Border Security................................ 15,000
Thailand................................................ 2,500
Trafficking in Persons.................................. 87,000
Office to Monitor and Combat Trafficking in Persons... 76,000
of which, Child Protection Compacts................... [12,500]
West Bank and Gaza...................................... 42,000
------------------------------------------------------------------------
Anti-Corruption.--The agreement includes funds under this
heading above the prior fiscal year, including to support the
Office of the Coordinator on Global Anti-Corruption.
Environmental Crimes.--The agreement includes not less than
the prior fiscal year for programs to combat environmental
crimes related to logging. The agreement also recommends the
use of additional funds to combat other environmental crimes,
including illegal mining.
Opioids and Other Illicit Drugs.--The agreement endorses
language in the House report supporting Department of State
efforts to address the flow of illegal opioids into the United
States.
Pacific Islands Countries.--In addition to the guidance in
the House report regarding the participation of PICs in
International Law Enforcement Academies Bangkok, the Secretary
of State should consider establishing other programs to bring
officials and civil society representatives from PICs to
Southeast Asia to engage on law enforcement issues, including
narcotics and human trafficking.
West Bank.--The agreement includes additional funds to
strengthen the Palestinian security sector program for the West
Bank under this heading, which shall be the joint
responsibility of the Assistant Secretary for the Bureau of
International Narcotics and Law Enforcement Affairs and the
U.S. Security Coordinator for Israel and the Palestinian
Authority. Not later than 45 days after the date of enactment
of the Act, the Secretary of State shall consult with the
Committees on Appropriations on the intended uses of such funds
and on efforts to professionalize Palestinian security forces
and to build, maintain, and sustain Palestinian security and
justice sector institutions.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The agreement includes $921,000,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs in this division.
In addition, $105,000,000 is included under this heading in
division M of the Act. Funds for certain countries, programs,
and activities under this heading are allocated according to
the following table and subject to section 7019 of the Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Nonproliferation and Disarmament Fund................... 15,000
International Atomic Energy Agency...................... 95,000
Conventional Weapons Destruction........................ 264,103
Humanitarian demining................................. 218,350
of which, Southeast Asia.............................. [73,000]
------------------------------------------------------------------------
Conventional Weapons Destruction.--Not later than 60 days
after the date of enactment of the Act and prior to the
submission of the 653(a) report, the Secretary of State shall
consult with the Committees on Appropriations on the proposed
allocations by country for humanitarian demining.
Nagorno-Karabakh.--The agreement provides $2,000,000 for
humanitarian demining and unexploded ordnance (UXO) clearance
activities in areas affected by the Nagorno-Karabakh conflict,
subject to prior consultation with the Committees on
Appropriations.
PEACEKEEPING OPERATIONS
The agreement includes $460,759,000 for Peacekeeping
Operations, of which $330,000,000 may remain available until
September 30, 2024. Funds for certain countries, programs, and
activities under this heading are allocated according to the
following table and subject to section 7019 of the Act:
PEACEKEEPING OPERATIONS
(Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Africa..................................................
Somalia............................................... 224,800
Africa Regional....................................... 59,050
Political-Military Affairs..............................
Global Peace Operations Initiative.................... 71,000
------------------------------------------------------------------------
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The agreement includes $112,925,000 for International
Military Education and Training.
International Military Education and Training Database.--
For purposes of implementing section 548(a) of the FAA, funds
in the Act shall be made available to foreign governments,
consistent with applicable provisions of law, to assist in the
development and maintenance of a record of each International
Military Education and Training (IMET) recipient's ``subsequent
military or defense ministry career and current position and
location,'' including for programs to develop the human
resources capabilities necessary to comply with such
requirement. The Secretary of State shall require IMET
recipient governments to provide such information in a timely
manner and shall consult with the Committees on Appropriations
on the implementation and impact of such directive on the
program not later than 45 days after the date of enactment of
the Act.
Participation of Civilians.--Not later than 90 days after
the date of enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the participation of civilians, including officials of relevant
foreign government ministries and civil society in IMET courses
for fiscal years 2019 through 2023, disaggregated by
nationality, government agency, and civil society organization.
Participation of Women.--Not later than 90 days after the
date of enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations describing
the short- and long-term steps taken to increase female
participation in IMET courses, including the results achieved
in fiscal year 2022 and activities planned in fiscal year 2023.
FOREIGN MILITARY FINANCING PROGRAM
The agreement includes $6,053,049,000 for Foreign Military
Financing Program in this division. In addition, $80,000,000 is
included under this heading in division M of the Act. Funds
under this heading for certain countries are allocated
according to the following table and subject to section 7019 of
the Act:
FOREIGN MILITARY FINANCING PROGRAM
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Country Authority
------------------------------------------------------------------------
Ecuador................................................. 5,000
Georgia................................................. 35,000
Iraq.................................................... 250,000
------------------------------------------------------------------------
Foreign Military Sales Report.--Not later than 90 days
after the date of enactment of the Act, the Secretary of State
shall submit a report to the Committees on Appropriations on
recommendations for streamlining, expediting, and improving end
use monitoring in the foreign military sales process.
Pakistan.--Funds made available by the Act under this
heading may be made available for assistance for Pakistan. The
Secretary of State should consult with the Committees on
Appropriations prior to making an offer of such assistance to
the Government of Pakistan, the purposes of which should serve
the security interests of the United States and Pakistan.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The agreement includes $508,600,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Organizations/Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 1,200
International Conservation Programs........................ 9,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 51,900
Organization of American States Fund for Strengthening 5,000
Democracy.................................................
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 1,000
UN Children's Fund......................................... 142,000
Joint Program on Eliminating Female Genital Mutilation... 5,000
UN Commission on the Limits of the Continental Shelf....... 100
UN Democracy Fund.......................................... 3,500
UN Development Program..................................... 81,550
UN Environmental Programs.................................. 10,200
UN Intergovernmental Panel on Climate Change/UN Framework 15,000
Convention on Climate Change
UN High Commissioner for Human Rights 17,500
Honduras................................................. 1,000
Colombia................................................. 3,000
Guatemala................................................ 1,000
Mexico................................................... 1,000
UN Human Settlements Program............................... 700
UN Junior Professional Officer Program..................... 2,500
UN Office for the Coordination of Humanitarian Affairs..... 3,500
UN Peacebuilding Fund...................................... 1,000
UN Relief and Works Agency................................. 75,000
UN Resident Coordinator System............................. 23,000
UN Special Coordinator for UN Response to Sexual 1,500
Exploitation and Abuse....................................
UN Special Representative to the Secretary-General (SRSG) 1,750
on Sexual Violence in Conflict............................
UN Trust Fund to End Violence Against Women................ 1,500
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 9,000
UN Women................................................... 12,000
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Organizations of American States.--The agreement includes
$5,000,000 under Economic Support Fund for the Organization of
American States for the autonomous promotion and protection of
human rights.
United Nations Relief and Works Agency (UNRWA).--The
agreement includes funds under this heading, in addition to
funds provided under Migration and Refugee Assistance to
maintain food assistance to vulnerable Palestinians in the West
Bank and Gaza in response to rising food and transport costs.
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The agreement includes $150,200,000 for Global Environment
Facility.
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND
The agreement includes $125,000,000 for Contribution to the
Clean Technology Fund.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
The agreement includes $206,500,000 for Contribution to the
International Bank for Reconstruction and Development.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $1,421,275,728.70 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The agreement includes $1,430,256,000 for Contribution to
the International Development Association towards the third of
three installments for IDA-19 and for the first of three
installments for IDA-20.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The agreement includes $43,610,000 for Contribution to the
Asian Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The agreement includes $54,648,752 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The agreement includes $856,174,624 for Limitation on
Callable Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The agreement includes $171,300,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The agreement includes $43,000,000 for Contribution to the
International Fund for Agricultural Development.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
The agreement includes $10,000,000 for Global Agriculture
and Food Security Program.
CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST
FUNDS
The agreement includes $20,000,000 for Contributions to the
International Monetary Fund Facilities and Trust Funds.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The agreement includes $7,500,000 for Inspector General for
the Export-Import Bank of the United States, of which
$1,125,000 may remain available until September 30, 2024.
ADMINISTRATIVE EXPENSES
The agreement includes $125,000,000 for Administrative
Expenses for the Export-Import Bank of the United States, of
which up to $18,750,000 may remain available until September
30, 2024.
PROGRAM BUDGET APPROPRIATIONS
The agreement includes $15,000,000 for Program Budget
Appropriations.
United States International Development Finance Corporation
INSPECTOR GENERAL
The agreement includes $5,583,000 for Inspector General for
United States International Development Finance Corporation.
CORPORATE CAPITAL ACCOUNT
The agreement includes $1,000,000,000 for Corporate Capital
Account, including $220,000,000 for administrative expenses and
project-specific transaction costs as described in section
1434(k) of the BUILD Act of 2018 (division F of Public Law 115-
254) and $780,000,000 for programs, which may be paid to the
United States International Development Finance Corporation
(DFC) Program Account.
Development Mission.--The DFC CEO shall continue to comply
with section 1412(c) of the BUILD Act of 2018 by prioritizing
support in low- and lower-middle income countries with
significant potential for advancing United States development
priorities. DFC investments should be complementary to, not a
substitute for, other United States foreign assistance
programs.
Digital Surveillance.--Not later than 90 days after the
date of enactment of the Act, the DFC CEO shall submit a report
to the appropriate congressional committees detailing steps
taken to align DFC safeguards on digital surveillance with
international best practices.
Environmental and Social Policies and Procedures.--DFC's
use of waivers of its Environmental and Social Policies and
Procedures should be limited to compelling circumstances and in
furtherance of an important U.S. national interest. The use of
such waivers is subject to the regular notification procedures
of the Committees on Appropriations. Such notification shall
include the justification for the waiver and describe the
environmental and social policies and procedures to be applied
in lieu of DFC's policies and procedures.
Operating Plan.--The operating plan required by section
7062(a) of the Act shall contain detailed information regarding
all funds available to the DFC in the current fiscal year,
including: (1) carryover; (2) funds transferred from other
Federal agencies; and (3) funds that are not allocated for
particular programs, projects, or activities. The DFC shall
also specify in the operating plan funds intended to be made
available for any overseas presence.
Pacific Islands Countries.--In addition to the reporting
requirement in the House report under the heading Investment in
the Pacific Islands and the Caribbean, the DFC CEO shall submit
an analysis of any legislative barriers that may hinder DFC
efforts to fully engage in PICs and compete against
authoritarian influences, including by the PRC, in the Pacific
and Caribbean regions.
Reallocation of Funds.--Notifications submitted for funds
made available by the Act under this heading and under Program
Account shall include detailed information regarding any such
funds that were previously justified for a different purpose.
PROGRAM ACCOUNT
The agreement includes up to $780,000,000 for Program
Account transferred from Corporate Capital Account.
TRADE AND DEVELOPMENT AGENCY
The agreement includes $87,000,000 for Trade and
Development Agency, including not more than $21,000,000 for
administrative expenses.
TITLE VII
GENERAL PROVISIONS
The following general provisions are contained in the Act.
Each is designated as unchanged, modified, or new as compared
to division K of Public Law 117-103:
Section 7001. Allowances and Differentials (unchanged)
Section 7002. Unobligated Balances Report (unchanged)
Report on Unallocated Funds.--Not later than 45 days after
the date of enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
all funds appropriated in prior Acts under Foreign Military
Financing Program, or a predecessor account, that have been
obligated into the Foreign Military Sales Trust Fund and are
unallocated to a case as of the date of enactment of the Act.
Section 7003. Consulting Services (unchanged)
Section 7004. Diplomatic Facilities (modified)
New Embassy and Consulate Compound Construction.--Not later
than 60 days after the date of enactment of the Act, the
Director of the Bureau of Overseas Buildings Operations shall
brief the Committees on Appropriations on efforts to expand
opportunities for additional, qualified U.S. companies to
participate in Department of State construction projects
abroad, including minority-owned companies, and the results of
those efforts.
Section 7005. Personnel Actions (unchanged)
Section 7006. Prohibition on Publicity or Propaganda (unchanged)
Section 7007. Prohibition Against Direct Funding for Certain Countries
(unchanged)
Section 7008. Coups d'Etat (modified)
Modifications.--The agreement provides a new program-by-
program national security interest waiver of the prohibition on
funds for the government of a country whose duly elected head
of government is deposed by a coup d'etat. Such waiver is
intended to be used to improve consistency and transparency in
the application of this section.
Section 7009. Transfer of Funds Authority (modified)
Section 7010. Prohibition and Limitation on Certain Expenses
(unchanged)
Section 7011. Availability of Funds (unchanged)
Section 7012. Limitation on Assistance to Countries in Default
(unchanged)
Section 7013. Prohibition on Taxation of United States Assistance
(unchanged)
Section 7014. Reservations of Funds (unchanged)
Section 7015. Notification Requirements (modified)
Funds Received from Foreign Governments.--The Secretary of
State and the USAID Administrator, as appropriate, shall report
to the Committees on Appropriations within 15 days of the
receipt of funds received from foreign governments pursuant to
sections 607 and 635(d) of the FAA, other than from countries
that are North Atlantic Treaty Organization (NATO) or major
non-NATO allies designated pursuant to section 517(b) of such
Act. The report shall include the source and the amount of
funds received.
Partnership for Global Infrastructure and Investment.--
Subsection (h)(2)(H) requires that funds specifically allocated
for the Partnership for Global Infrastructure and Investment
(PGII) are subject to the regular notification procedures of
the Committees on Appropriations. Such requirement is not
intended to apply to funds that are being attributed to PGII
and have been justified or designated for other purposes,
including to meet other directives in the Act or this
explanatory statement.
Section 7016. Documents, Report Posting, Records Management, and
Related Cybersecurity Protections (unchanged)
Section 7017. Use of Funds in Contravention of this Act (unchanged)
Section 7018. Prohibition on Funding for Abortions and Involuntary
Sterilization (unchanged)
Section 7019. Allocations and Reports (unchanged)
Section 7020. Multi-Year Pledges (unchanged)
Section 7021. Prohibition on Assistance to Governments Supporting
International Terrorism (unchanged)
Section 7022. Authorization Requirements (unchanged)
Section 7023. Definition of Program, Project, and Activity (unchanged)
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation, and United States African Development Foundation
(unchanged)
Section 7025. Commerce, Trade and Surplus Commodities (unchanged)
Section 7026. Separate Accounts (unchanged)
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Disability Programs (modified)
Children.--The Secretary of State and USAID Administrator
shall increase funding for programs implemented by the UN
Children's Fund and its partners to protect the rights of, and
increase access to services and opportunities for, children
with severe cognitive and physical disabilities in developing
countries.
Disability Programs.--Funds made available for ``Disability
Programs'' under Development Assistance shall be made available
for USAID disability programs, including to support disability
rights advocacy organizations in developing countries, and
shall be in addition to funds otherwise directed, including for
assistive technology and the Leahy War Victims Fund.
Section 7029. International Financial Institutions (modified)
Accountability, Standards, and Best Practices.--The
Secretary of the Treasury shall instruct the United States
Executive Director of each international financial institution
to use the voice and vote of the United States to promote the
prioritization of the use of local labor and trade-off
standards that determine best value bids, rather than lowest-
price technically acceptable, including with State-owned
companies and enterprises.
Human Rights.--The United States executive director of each
international financial institution (IFI) shall consult with
the Assistant Secretary for DRL prior to voting on a loan,
grant, policy, or strategy if the executive director has reason
to believe it could result in, or facilitate, forced
displacement or other violations of human rights.
Implementation Report.--In lieu of the reports required
under this section in prior Acts and in the House report, not
later than 180 days after the date of enactment of the Act and
every 180 days thereafter until September 30, 2024, the
Secretary of the Treasury shall submit a consolidated report to
the appropriate congressional committees detailing the actions
taken by the United States executive directors of the
international financial institutions to implement subsections
(a), (b), (d), (e), (f), (g), and (h) of this section.
Such report shall include a description of the extent to
which the United States executive directors consult with the
Department of State on the implementation of such subsections,
including instructions given to such executive directors, and
how assessments of corruption are incorporated into United
States voting practices at the international financial
institutions.
Section 7030. Technology Security (modified)
Pursuant to subsection (b)(1), the agreement allocates
$100,000,000 made available by the CHIPS Act of 2022 (Public
Law 117-167) for the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America International Technology
Security and Innovation Fund according to the following table
for fiscal year 2023:
CHIPS FOR AMERICA INTERNATIONAL TECHNOLOGY SECURITY AND INNOVATION FUND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Diplomatic Programs..................................... 15,800
of which, salaries and expenses and administration...... 34,500
Office of Inspector General............................. 500
Economic Support Fund................................... 66,700
Nonproliferation, Anti-terrorism, Demining and Related 17,000
Programs...............................................
---------------
Total............................................... 100,000
------------------------------------------------------------------------
Digital Connectivity and Cybersecurity Partnership.--The
agreement includes funding above the prior fiscal year for the
Digital Connectivity and Cybersecurity Partnership and
encourages relevant Federal agencies, including the United
States Trade and Development Agency (USTDA), to further
collaborate with other agencies on policy and technical
training to promote open, interoperable, reliable, and secure
networks, including through programs to strengthen civilian
cybersecurity capabilities of United States allies and
partners.
Strategy Requirement.--Not later than 90 days after the
date of enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations describing
the steps taken to implement the strategy required under this
section in the explanatory statement accompanying division K of
Public Law 116-260.
Section 7031. Financial Management, Budget Transparency, and Anti-
Corruption (modified)
Anti-Kleptocracy and Human Rights.--For purposes of
subsection (c)(1)(B), ``as appropriate'' means circumstances
when the individual about whom there is credible information
under subsection (c)(1)(A) may own property or have other
pecuniary interests in the United States or may seek to engage
in financial transactions in the United States.
Corruption.--Not later than 90 days after the date of
enactment of the Act, the Secretary of State shall consult with
the Committees on Appropriations on the standards established
to implement the condition in subsection (a)(1)(B).
Specific Cases.--The Secretary of State shall apply
subsection (c) to foreign government officials involved in
threatening, unjustly or wrongfully imprisoning, or otherwise
depriving of liberty independent journalists who speak out or
publish about corruption or other abuses.
Waiver.--The Secretary of State shall submit a written
notification to the appropriate congressional committees and
the Committees on the Judiciary of the Senate and House of
Representatives not less than 5 days prior to exercising the
waiver authority in subsection (c)(3), including the
justification for each waiver.
Section 7032. Democracy Programs (modified)
The agreement includes a total of $2,900,000,000 for
democracy programs under several accounts in a manner similar
to the prior fiscal year to strengthen democracy abroad against
rising authoritarianism and erosion of the rule of law.
Subsection (a)(2) designates not less than $117,040,000 for DRL
for certain countries and regional programs. Such funds are
allocated according to the following table:
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund
Afghanistan........................................... 5,000
Burma................................................. 4,000
Maldives.............................................. 500
Near East Regional Democracy.......................... 15,000
North Korea........................................... 5,000
People's Republic of China............................ 12,000
South Sudan........................................... 1,000
Sri Lanka............................................. 2,000
Sudan................................................. 1,000
Syria................................................. 11,000
Venezuela............................................. 10,000
Yemen................................................. 3,000
HRDF.................................................. 19,600
Countering Transnational Regression................... 2,640
Warsaw Declaration.................................... 2,500
Assistance for Europe, Eurasia and Central Asia
Europe and Eurasia.................................... 22,000
------------------------------------------------------------------------
Democracy Assessment.--Following consultation with the
Committees on Appropriations, the Comptroller General of the
United States shall conduct an assessment of USAID, DRL, and
INL democracy programs funded by prior Acts from fiscal years
2018 through 2022, which shall include: (1) the amounts and a
summary of the priority areas of such programs, disaggregated
by entity and fiscal year; (2) an assessment of the respective
and collective efforts of such entities to coordinate democracy
assistance programs; (3) an assessment of the respective
efforts by such entities to assess results and evaluate the
impact of such assistance; and (4) an assessment of the funding
obligated by such entities for democracy programs through
contracts, grants, and cooperative agreements.
Democracy Assistance for Africa.--The agreement includes
funding above the budget request for democracy assistance for
countries in Africa, which are facing increasing threats to
stability and development gains.
Digital Security and Countering Disinformation.--For the
purposes of subsection (g), programs to advance digital
security and counter disinformation should: (1) address digital
security to enhance the safety of implementers and
beneficiaries; (2) support civil society organizations working
to counter government surveillance, censorship, and repression
by digital means; (3) combat weaponized technology, including
the misuse of social media; (4) prevent the digital
manipulation of elections, electoral data, and critical
infrastructure; and (5) counter disinformation propagated by
malign actors, including the People's Republic of China (PRC)
and the Russian Federation.
Labor Programs.--Not later than 90 days after the date of
enactment of the Act, the USAID Administrator shall submit to
the Committees on Appropriations an update to the report
required under section 7032(k)(1) of division K of Public Law
117-103 on labor programs that support labor rights,
independent worker organizing, and capacity in collective
bargaining through partnership with relevant stakeholders.
Funds for labor programs administered by USAID are subject
to prior consultation with the Committees on Appropriations.
Program Changes.--The Secretary of State or USAID
Administrator, as appropriate, shall continue to report to the
appropriate congressional committees within 30 days of a
decision to significantly change the objectives or the content
of a democracy program or to close such a program due to
increasing repression by the host government. The report shall
also include a strategy for continuing support for democracy
promotion, if such programming is feasible.
Program Coordination.--Not later than 90 days after the
date of enactment of the Act, the Secretary of State, in
consultation with the USAID Administrator, shall submit a
report to the appropriate congressional committees describing
the framework and mechanisms for the coordination of democracy
programs supported by the Department of State and USAID,
including at the headquarters and mission level, and at
multilateral fora.
Protection of Civil Society Activists and Journalists,
Independence of the Media, and Freedom of Expression.--The
agreement provides funds for programs to protect civil society
activists and journalists who are harassed, threatened, and
attacked for their legitimate advocacy activities. The
Assistant Secretary of State for DRL shall consult with the
Committees on Appropriations and relevant stakeholders prior to
the obligation of such funds. Funds should be made available
for programs to protect and strengthen independent media in
Afghanistan, including for educational programming.
Restrictions on Foreign Government Interference.--The
Secretary of State, in coordination with the USAID
Administrator, shall continue to submit a report to the
appropriate congressional committees every 90 days until
September 30, 2023, detailing steps taken by the Department of
State and USAID to comply with the requirements of subsection
(e).
Spend Plan.--The spend plan required under section 7062(b)
of the Act for democracy programs should include accounts,
regions, and global programs.
Transnational Repression.--Not later than 90 days after the
date of enactment of the Act, the Secretary of State shall
brief the appropriate congressional committees on steps taken
to combat transnational repression through multilateral fora
and in bilateral diplomacy.
Section 7033. International Religious Freedom (unchanged)
Assistance.--The agreement includes not less than
$10,000,000 under Economic Support Fund for programs to protect
and investigate the persecution of religious minorities, and
not less than $10,000,000 for international religious freedom
programs under Democracy Fund.
Countries of Particular Concern.--If the United States
Commission on International Religious Freedom (USCIRF)
recommends the designation of a country as a country of
particular concern (CPC) in its annual report, and such country
is not designated as a CPC by the Department of State, the
Secretary of State shall provide the rationale for such
decision to the appropriate congressional committees within 30
days of such decision.
Curriculum Report.--Not later than 45 days after the date
of enactment of the Act, the Secretary of State shall brief the
Committees on Appropriations on the status of implementation of
training for all Foreign Service Officers in international
humanitarian law and policy, and the development and
implementation of training based on the curriculum required
under section 103 of the Frank R. Wolf International Religious
Freedom Act (Public Law 114-281).
Expansion of Activities Report.--Not later than 90 days
after the date of enactment of the Act, and following
consultation with the Committees on Appropriations, the
Secretary of State shall brief such Committees on efforts and
opportunities to expand international religious freedom
programs, including through roundtables that bring together
individuals from diverse religions and beliefs.
Section 7034. Special Provisions (modified)
Several provisions of law included in prior Acts that
extended certain authorities are not included in the Act due to
the extension of such authorities in the Department of State
Authorization Act of 2022 (division I of H.R. 7900).
Atrocities Prevention.--Funds made available by the Act
under Economic Support Fund for programs to prevent atrocities
shall be the responsibility of the Assistant Secretary of State
for DRL. The Assistant Secretary of State for DRL and the
Assistant Secretary of State for INL shall coordinate
atrocities prevention programs funded under Economic Support
Fund and International Narcotics Control and Law Enforcement,
respectively. Such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
Exchange Visitor Program Clarification.--For purposes of
subsection (d)(7), the term ``modify'' means any executive
action that changes the number, origin, or eligibility of
program participants during any 60 day period, or that
otherwise changes the manner in which the program is
implemented, including the suspension of visas.
Ex-Post Evaluations.--The agreement endorses language in
the House report under this section regarding ex-post
evaluations of the sustainability of United States assistance
programs. Not later than 120 days after the date of enactment
of the Act, the Secretary of State and USAID Administrator
shall submit a report to the Committees on Appropriations on
the uses of funds made available for ex-post evaluations in
fiscal year 2023.
Forensic Anthropology Assistance.--Funding for forensic
anthropology assistance shall be used to support activities,
including DNA analysis and the exhumation and identification of
remains, in countries where large numbers of people were killed
or forcibly disappeared and presumed dead as a result of armed
conflict, crimes against humanity, or other gross violations of
human rights, including to support activities in Central
America to exhume remains of victims of atrocities. Not later
than 120 days after the date of enactment of the Act, the
Secretary of State shall consult with the Committees on
Appropriations on the planned uses of funds.
Innovation Incentive Awards.--In lieu of the biannual
directive included under this heading in the explanatory
statement accompanying division K of Public Law 114-113, the
USAID Administrator shall submit such report to the Committees
on Appropriations every 12 months on the use of the authority
provided under subsection (d)(5) of the Act.
Localization Report.--In addition to the requirements
enumerated under the heading Locally-led development in the
House report, such report shall also describe how USAID: (1)
defines a ``locally-established partner'' and an
``underutilized partner'', including any plans to modify such
definitions, or the definition of a ``local entity''; and (2)
assesses the capacity of local entities to effectively
implement and manage funds. Such report shall also include
details on funding implemented by local entities in fiscal
years 2021 and 2022, including development and humanitarian
assistance programs.
Local Works.--Not later than 90 days after the date of
enactment of the Act, the USAID Administrator shall submit to
the Committees on Appropriations an updated report on the Local
Works program including: (1) an assessment of progress in
achieving the central goal of Local Works to move USAID toward
a model of sustainability-based partnership with local
governments, organizations, and communities; (2) a description
of the factors that limit or prevent such partnerships from
being achieved and steps being taken to address those factors
and to expand Local Works; and (3) recommendations for
administrative or legislative action that would support further
expansion of such partnerships.
New Partnerships Initiative.--The agreement includes funds
at not less than the prior fiscal year to support the New
Partnerships Initiative and directs the USAID Administrator to
report to the Committees on Appropriations not later than 90
days after the date of enactment of the Act on funding provided
to new, under-utilized, and local partners under such
initiative in the prior fiscal year.
Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--For purposes of
implementing section 203(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457), the Secretary of State shall consider the
following as sufficient to determine that a diplomatic mission
``tolerated such actions'': (1) the failure to provide a
replacement passport within a reasonable period of time to a T-
visa recipient; (2) the existence of multiple concurrent civil
suits against members of the diplomatic mission; or (3) the
failure to satisfy a civil judgment against an employee of the
diplomatic mission.
Small Island Developing States.--The agreement authorizes
loan guarantees for certain countries, including SIDS. This
authority provides the Secretary of State and USAID
Administrator additional means for supporting countries in the
Caribbean and PICs, including to mitigate and address the
impacts of climate change.
Section 7035. Law Enforcement and Security (modified)
Crowd Control.--Not later than 90 days after the date of
enactment of the Act, and every 90 days thereafter until
September 30, 2024, the Secretary of State shall submit a
report to the Committees on Appropriations detailing any
actions taken pursuant to subsection (c)(3).
Foreign Military Training Report.--Section 656 of the FAA
requires the inclusion of units of operation of military
personnel who receive training. The agreement directs that such
units shall be specified at the battalion or equivalent level.
International Prison Conditions.--The agreement includes
funding for programs to eliminate inhumane prison conditions
and reduce pre-trial detention, including overcrowding and the
use of solidarity confinement, that violate due process and
harm human health. Such funds are in addition to other funds
made available by the Act for such purposes.
Reports Continued.--The Secretary of State shall submit the
report on security assistance required by section 7035(d)(1) of
division G of Public Law 116-94 in the manner described, except
such report shall include funds obligated and expended during
fiscal year 2022.
The Secretary of State shall submit the report on vetting
required by section 7049(d)(3) of division F of Public Law 116-
6 in the manner described.
Section 620M of the Foreign Assistance Act.--For purposes
of section 620M of the Foreign Assistance Act of 1961, the term
``credible information'' means information that, considering
the source of such information and the surrounding
circumstances, supports a reasonable belief that a violation
has occurred, and shall not be determined solely on the basis
of: (1) the number of sources; (2) whether the source has been
critical of a policy or action of the U.S. Government or its
security partners; (3) whether the source has a personal
connection to the information being reported; or (4) whether
the U.S. Government is able to independently verify the
information.
Not later than 45 days after the date of enactment of the
Act, the Secretary of State shall submit a report to the
Committees on Appropriation on progress in obtaining the
written agreements with recipients of U.S. assistance required
by section 620M(c) of the FAA, including a list of the
countries to which the written agreements are applicable and
the number of agreements signed. Such agreements shall utilize
standardized language that is fully consistent with and
specific to implementation of the letter and intent of such
section.
Security Assistance Coordination.--The agreement supports
increased measures to ensure that security cooperation programs
funded by the Act are strategic, address clearly defined goals
and objectives, and are integrated with other programs. Not
later than 90 days after the date of enactment of the Act, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the Committees on Appropriations an
integrated security cooperation strategy for assistance for
Georgia, Kenya, Peru, and Vietnam.
Security Force Professionalization.--Prior fiscal year
funds appropriated for security force professionalization
programs under Peacekeeping Operations and International
Narcotics Control and Law Enforcement remain available to
increase partner capacity to collect, track, and analyze data
on arbitrary arrest, abuse of detainees, and harm to civilians
from law enforcement operations of the respective government.
Not later than 90 days after the date of enactment of the Act,
the Secretary of State shall consult with the Committees on
Appropriations on the planned uses and program management of
such funds in fiscal years 2023 and 2024.
Training Related to International Humanitarian Law.--Not
later than 90 days after the date of enactment of the Act, and
following consultation with the Committees on Appropriations,
the Secretary of State shall submit a report to such Committees
on the implementation of section 7035(a)(4) of division G of
Public Law 116-94. Such report shall include the amount of
funds made available by country under Peacekeeping Operations
and Foreign Military Financing Program.
Section 7036. Assistance for Innocent Victims of Conflict (modified)
Section 7037. Palestinian Statehood (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian Broadcasting
Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza (unchanged)
Section 7040. Limitation on Assistance for the Palestinian Authority
(unchanged)
Section 7041. Middle East and North Africa (modified)
Bahrain Report.--Not later than 60 days after the date of
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing efforts
made on behalf of political prisoners in Bahrain and the
Government of Bahrain's response.
Egypt.--The agreement includes assistance for Egypt at
levels consistent with the prior fiscal year.
In accordance with paragraph (3)(A)(vi), the Secretary of
State shall certify and report that the Government of Egypt is
taking sustained and effective steps to provide American
citizens with fair and commensurate compensation for injuries
and losses caused by the Egyptian military, including in an
attack on September 13, 2015 as described under this heading in
the House report.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State, in consultation with the Secretary
of Defense, shall update the report required under this heading
in Senate Report 116-126 on Egypt's compliance with end-user
monitoring agreements for the use of United States military
equipment in the Sinai, in the manner described.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State shall submit a report to the
appropriate congressional committees on incidents of
harassment, threats, and arbitrary detention against American
citizens, and their family members in Egypt and the United
States.
Iraq.--In addition to the amounts designated in the Act for
Iraq under Economic Support Fund and Foreign Military Financing
Program, the agreement includes not less than the following
amounts for assistance for Iraq: $47,500,000 under
Nonproliferation, Anti-terrorism, Demining and Related
Programs; and $1,000,000 under International Military Education
and Training.
Funds made available under Economic Support Fund for
democracy programs for Iraq should be the responsibility of the
Assistant Secretary of State for DRL.
The agreement includes $10,000,000 under Economic Support
Fund to support American-style higher education institutions in
Iraq, including in the Kurdistan region, on an open and
competitive basis.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State shall submit a report to the
Committees on Appropriations on steps taken by the governments
of the United States and Iraq to maintain the Memorandum of
Understanding terms for United States specific rice tender.
Jordan.--The agreement supports the Government of Jordan in
making sustainable economic reforms, including in the water and
public sectors, consistent with the terms of the new Memorandum
of Understanding between the United States and the Government
of Jordan. Within the total amounts designated in the Act for
assistance for Jordan, the agreement includes not less than the
following: $10,400,000 under Nonproliferation, Anti-terrorism,
Demining and Related Programs; and $3,800,000 under
International Military Education and Training.
Lebanon.--The agreement includes assistance for Lebanon at
levels not less than those requested for fiscal year 2023.
The agreement continues to support the efforts of the
Lebanese Armed Forces to combat Hezbollah and other terrorist
groups in Lebanon, and to continue to serve as a stabilizing
force in that country and for the region. As a current
recipient of United States foreign assistance, the Lebanese
Armed Forces are not controlled by a Foreign Terrorist
Organization, as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
Morocco.--The agreement includes not less than $10,000,000
under Economic Support Fund, not less than $10,000,000 under
Development Assistance, and $10,000,000 under Foreign Military
Financing Program for assistance for Morocco.
Nita M. Lowey Middle East Partnership for Peace Act
(MEPPA).--The MEPPA consultation required under this section in
the House report shall include detail on funds made available
specifically for women's leadership programs that bring
together Israeli and Palestinian women who are committed to
working in pursuit of Middle East peace.
Syria.--Recognizing that the failure to address extremism
at al-Hol Camp could further destabilize the region and
strengthen the Islamic State, the agreement includes funds
under Economic Support Fund for programs to address instability
and insecurity in al-Hol Camp, including to mitigate extremism
among Camp youth, following consultation with the Committees on
Appropriations.
Not later than 45 days after the date of enactment of the
Act, the Secretary of State, in consultation with the heads of
other relevant Federal agencies, shall brief the Committees on
Appropriations on plans to work with United States allies to
address the growing security threat posed by conditions at the
al-Hol displacement camp in Syria and associated ISIS-detention
sites being guarded by the Syrian Democratic Forces, where over
70 percent of the population is reportedly under age 18.
UN Political Process on Western Sahara.--The Secretary of
State shall continue to support a United Nations-led political
process that achieves a just, lasting, and mutually acceptable
political solution in accordance with relevant United Nations
Security Council resolutions.
Yemen.--The agreement includes funds under title III of the
Act and under Nonproliferation, Anti-terrorism, Demining and
Related Programs for health, humanitarian, and stabilization
assistance for Yemen, including demining operations.
Section 7042. Africa (modified)
Benin.--The agreement includes $2,000,000 for democracy
programs for Benin to support civil society and free and fair
elections.
Democratic Republic of the Congo.--The agreement endorses
the reporting directive under this section in the House report
regarding the ongoing violence and instability in the eastern
region of the Democratic Republic of the Congo (DRC) affecting
minority communities, including the Banyamulenge. In addition,
the report should include an assessment of the support provided
by Rwanda to the M23 rebel group and the impact of such support
on civilian populations and stability in the region.
The Secretary of State shall brief the Committees on
Appropriations not later than 90 days after the date of
enactment of the Act, on efforts to work with the Government of
the DRC and the UN to thoroughly investigate and bring to
justice those responsible for the deaths of Michael Sharp and
Zaida Catalan.
Equatorial Guinea.--The agreement includes $2,000,000 for
democracy programs for Equatorial Guinea to support civil
society and anti-corruption programs.
Mozambique.--The agreement includes assistance for
Mozambique above the prior fiscal year, including for efforts
to help counter and reverse ISIS--Mozambique gains by
strengthening the legitimacy and capacity of the armed forces
and addressing the lack of basic services and political and
economic exclusion.
Prosper Africa.--Of the funds made available in the Act
under Development Assistance, $100,000,000 should be made
available for the Prosper Africa initiative to increase two-way
trade and investment between the United States and African
countries.
Rwanda.--Not later than 45 days after the date of enactment
of the Act, the Secretary of State shall brief the Committees
on Appropriations on abuse of the judicial system by the
Government of Rwanda to silence critics of the government,
including arbitrary and incommunicado detention, mistreatment
of prisoners, coerced confessions, lack of due process, and
unfair trials.
Sahel.--Not later than 90 days after the date of enactment
of the Act, the Secretary of State, in consultation with the
heads of other relevant Federal agencies, shall update the
report required under the heading Report on Sub-Saharan
Security Programs in Senate Report 116-126.
The Secretary of State should work with the governments of
Burkina Faso, Mali, and Niger to ensure the transparent
investigation, and appropriate punishment, of security force
personnel and those associated with such personnel who are
implicated in gross violations of human rights. Not later than
60 days after the date of enactment of the Act, the Secretary
shall brief the Committees on Appropriations on the status of
such investigations and the intended uses of funds made
available under title IV of the Act and prior Acts for
assistance for such governments.
South Sudan.--The agreement includes funds for democracy
programs to support civil society organizations in South Sudan
that document human rights violations and advocate for
conditions conducive to free and fair elections, peace and
stability, and for conflict mitigation and reconciliation
programs, at levels above the prior fiscal year. Any funds made
available for the central government of South Sudan may only be
made available, following consultation with the Committees on
Appropriations, for: (1) humanitarian assistance; (2) health
programs, including to prevent, detect, and respond to
infectious diseases; (3) assistance to support South Sudan
peace negotiations or to advance or implement a peace
agreement; and (4) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement, and
subsequent and mutual arrangements related to such agreement,
or any other internationally recognized viable peace agreement
in South Sudan.
Not later than 45 days after the date of enactment of the
Act, the Secretary of State shall submit an updated report to
the appropriate congressional committees on steps taken, and
planned to be taken, by the governments of the United States
and South Sudan to obtain justice and fair compensation for the
victims of the attack on the Terrain Hotel on July 11, 2016.
Sudan.--Funds made available for assistance for Sudan
should be prioritized for civil society capacity building,
political party and coalition building, women and youth
empowerment, protection of human rights, and support for
elections if the Secretary of State determines that conditions
exist for free and fair elections.
Not later than 90 days after the date of enactment of the
Act, the Secretary of State and USAID Administrator shall
submit a report to the Committees on Appropriations detailing
steps taken in the prior year to prevent the Sudan Humanitarian
Aid Commission from disrupting or diverting humanitarian and
development assistance provided for the people of Sudan.
Virunga National Park.--The agreement includes funding
under International Narcotics Control and Law Enforcement for
equipment and training to bolster security in Virunga National
Park, including against illegal armed groups.
Section 7043. East Asia and the Pacific (modified)
Association of Southeast Asian Nations.--Funds provided
under Economic Support Fund and International Narcotics Control
and Law Enforcement to support the Association of Southeast
Asian Nations (ASEAN) shall be coordinated with the Ambassador
of the United States Mission to ASEAN.
Countering PRC Influence Fund.--The Secretary of State and
USAID Administrator shall allocate funds from the Countering
PRC Influence Fund (CPRCIF) to activities that provide the
highest strategic impact to counter PRC influence globally. Not
later than 90 days after the date of enactment of the Act, and
prior to the initial obligation of funds, the Secretary of
State and USAID Administrator shall consult with the Committees
on Appropriations on the development of an impact measurement
system that scores the strategic impact of each proposed
activity to assist in the prioritization and allocation of
funds from the CPRCIF.
Funds are allocated according to the following table and
subject to section 7019 of the Act:
COUNTERING PRC INFLUENCE FUND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance.................................. 90,000
Economic Support Fund................................... 80,000
International Narcotics Control and Law Enforcement..... 80,000
Nonproliferation, Anti-terrorism, Demining and Related 25,000
Programs...............................................
Foreign Military Financing Program...................... 50,000
------------------------------------------------------------------------
Indonesia.--Not later than 45 days after the date of
enactment of the Act, the Secretary of State shall consult with
the Committees on Appropriations on the feasibility and cost of
establishing American Presence Posts in Indonesia to increase
official presence in geographic areas of strategic importance
to the United States and Indonesia.
Laos.--The agreement includes $1,000,000 for trilateral
programs in Laos, to be coordinated and conducted by the
Department of State and USAID, as appropriate, with the
Government of Vietnam, and $1,000,000 for short-term
undergraduate and graduate scholarships, including for
Government of Laos officials at universities in Thailand and
Vietnam, as appropriate. An additional $1,500,000 is provided
for the Global Undergraduate Exchange Program (Global UGRAD) in
Laos.
Funds made available by the Act under Department of the
Treasury, International Affairs Technical Assistance shall be
made available for assistance for Laos, including for the
deployment of temporary duty personnel.
The agreement includes funding for programs to combat
trafficking in persons in Laos, including $2,000,000 to address
trafficking along the northern border.
For purposes of subsection (d), dioxin assessments,
conducted in coordination with the Government of Laos, should
include environmental testing in areas with possible
contamination to determine the actual need for remediation, if
any. These areas include villages close to multiple spraying
runs and former United States facilities where Agent Orange may
have been stored, and where there is a disproportionate number
of persons with disabilities consistent with exposure to
dioxin.
Mongolia.--The agreement includes funding above the prior
fiscal year for democracy programs for Mongolia, including
political party strengthening activities.
Pacific Islands Countries.--For purposes of the Act, the
term ``Pacific Islands countries'' includes the Cook Islands,
the Republic of Fiji, the Republic of Kiribati, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, Niue, the Republic of Palau, the Independent
State of Papua New Guinea, the Independent State of Samoa, the
Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic
of Vanuatu.
Funds made available for assistance for PICs shall support:
trade capacity building; climate change mitigation and
adaptation programs; emergency preparedness and technical
assistance for emergencies and post-disaster relief and
recovery; economic programs to advance inclusive and
sustainable long-term economic development, including
$60,000,000 for the South Pacific Tuna Treaty; democratic
governance; and security programs, including $5,000,000 for
trilateral programs to be conducted with regional allies,
including Taiwan. The Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on the mechanisms for a flexible response fund
and new initiatives to strengthen governance and rule of law in
the PICs.
In order to craft a coherent communications strategy
targeting the region, funds made available in the Act for PICs
shall be made available on a bilateral basis, and the
Department of State and USAID shall attribute regional funding
made available for such countries on a country-by-country
basis, to the extent practicable.
The agreement includes funds above the prior fiscal year to
address WWII-era UXO in PICs, including $2,500,000 for the
Solomon Islands.
Not later than 90 days after the date of enactment of the
Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations detailing projects awarded by the
Asian Development Bank and the World Bank from fiscal years
2016 through 2021 to companies owned by, or affiliated with,
the PRC in PICs, on a country-by-country and project-by-project
basis. Such report shall include a description of the project
awarded, including dollar amount, and factors that determined
awards, such as least cost assessment.
People's Republic of China.--Not later than 90 days after
the date of enactment of the Act, the Secretary of State shall
update the report required under this heading in Senate Report
115-282 in the manner described.
The Secretary of State shall brief the Committees on
Appropriations, not later than 90 days after the date of
enactment of the Act, on the United States government's plan to
use sanctions, including those authorized by the Hong Kong
Autonomy Act and the Uyghur Human Rights Policy Act, against
PRC officials and other entities complicit in genocide, crimes
against humanity, and other gross violations of human rights.
The agreement supports funding for NGOs within the Indo-
Pacific region that are focused on the protection and
advancement of freedom of expression, association, assembly,
and religion for women, human rights activists, and ethnic and
religious minorities in the PRC. The Assistant Secretary of
State for DRL shall consult with the Committees on
Appropriations and representatives of civil society regarding:
(1) strengthening the capacity of such entities; (2) protecting
members of organizations who have been targeted for arrest,
harassment, forced sterilization, coercive abortion, forced
labor, or intimidation, including members residing outside the
PRC; and (3) messaging to reach the broadest possible audiences
within the PRC about United States Government efforts to
protect freedom of expression, association, assembly, and
religion.
None of the funds made available by the Act shall be used
to implement, administer, carry out, modify, revise, or enforce
any action that directly supports or facilitates forced labor
and other violations of human rights, crimes against humanity,
and genocide in the PRC.
Philippines.--The Secretary of State shall update the
report required under this heading in Senate Report 116-126 and
include in such report how United States assistance for the
armed forces of the Philippines is helping to achieve results
in addressing the findings in such report. Such report shall
also assess actions taken by the Government of the Philippines
during the preceding 12 months to bring to justice those
involved in the killings of nine social activists on March 7,
2021.
The Secretary of State shall consult with the Committees on
Appropriations regarding the content of the report required in
the House report under this heading regarding the rule of law.
Taiwan.--The agreement includes funds under International
Military Education and Training for assistance to enhance
Taiwan's defense capabilities and strengthen interoperability
between the United States and Taiwan.
Thailand.--The agreement provides $4,000,000 for democracy,
conflict resolution, and reconciliation programs in Southern
Thailand.
Tibet.--For purposes of the report required by section
653(a) of the FAA, spend plans, and notifications, the
Department of State and USAID shall differentiate assistance
made available by the Act for Tibet from any such assistance
made available for India and in the PRC.
Funds made available by the Act shall not be used to
produce or disseminate documents, reports, maps, or other
materials that recognize, identify, or otherwise refer to
Tibet, including the Tibet Autonomous Region and other Tibetan
autonomous counties and prefectures, as part of the PRC, until
the Secretary of State reports to the appropriate congressional
committees that the Government of the PRC has reached a final
negotiated agreement on Tibet with the Dalai Lama or his
representatives or with democratically-elected leaders of the
Tibetan people.
The Secretary of State shall continue to pursue the
establishment of a consulate in Lhasa to provide services to
American citizens traveling in Tibet and to monitor political,
economic, and cultural developments in the Tibet Autonomous
Region. Until such consulate is established, the Department of
State should not permit the establishment of any additional PRC
consulates in the United States.
USAID should consider supporting a project to provide
housing for Tibetan refugee families in India.
Vietnam.--The agreement includes funds to strengthen
Vietnam's capacity to conduct DNA analysis and to otherwise
assist in locating and identifying the remains of Vietnamese
soldiers and civilians missing from the war, which may include
oral histories, and to support communications and outreach that
furthers reconciliation including museum and other exhibits on
war legacy cooperation. These funds are intended to complement
funds made available by the Department of Defense for the
Reconciliation/Vietnamese Wartime Accounting Initiative. The
USAID Administrator shall consult with the Committees on
Appropriations on the planned uses of such funds.
The agreement includes $2,500,000 under Educational and
Cultural Exchange Programs and $7,500,000 under title III for
the Vietnam Education Foundation Act of 2000.
Section 7044. South and Central Asia (modified)
Afghanistan.--The Secretary of State and USAID
Administrator shall take all appropriate actions to support and
protect women and girls and ensure such efforts are a top
priority in the Department of State's diplomatic engagement on
Afghanistan. Not later than 90 days after the date of enactment
of the Act, the Secretary and Administrator shall jointly
submit a report to the appropriate congressional committees
detailing steps taken, and intended to be taken, to protect the
rights of Afghan women and girls, including advocating for
their freedom of movement, right to education and employment,
political participation, and access to healthcare.
Bangladesh.--The Secretary of State and USAID
Administrator, as applicable, shall consult with the Committees
on Appropriations concerning any plans for assistance for
Rohingya refugees in Bhasan Char, Bangladesh prior to the
development of the program plan for funds made available in the
Act under Migration and Refugee Assistance and International
Disaster Assistance.
Of the funds made available pursuant to subsection (b)(3),
$2,000,000 should be made available for programs for the
Rohingya community in Bangladesh, consistent with prior years.
India.--The Secretary of State and USAID Administrator
should work with the Government of India and Indian civil
society organizations to increase economic opportunities,
encourage tolerance, protect human rights, and strengthen the
administration of justice in the remote States of North Eastern
India. Not later than 180 days after the date of enactment of
the Act, the Secretary and Administrator shall brief the
appropriate congressional committees on the situation in North
Eastern India.
Pakistan.--The agreement supports assistance for the basic
needs of the people of Pakistan as they recover from
devastating flooding. The Secretary of State and USAID
Administrator shall consult with the Committees on
Appropriations on: (1) the cost estimates for recovery from the
floods; (2) United States assistance provided, and anticipated
to be provided, in support of such recovery; and (3) how such
support serves United States national interests.
The agreement includes funding for assistance for Pakistan
for democracy and gender programs consistent with the prior
fiscal year.
Funds made available in the Act under Economic Support Fund
and Nonproliferation, Anti-Terrorism, Demining and Related
Programs for Pakistan shall be made available to interdict
precursor materials from Pakistan to Afghanistan that are used
to manufacture improvised explosive devices (IEDs) and for
agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual-use
of fertilizer in the manufacturing of IEDs.
Section 7045. Latin America and the Caribbean (modified)
Central America.--Funds for certain assistance for Central
America are allocated according to the following table and
subject to section 7019 of the Act:
SELECTED ASSISTANCE FOR CENTRAL AMERICA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance
El Salvador...........................................
National Commission for the Search of Persons 1,000
Disappeared in the Context of the Armed Conflict...
Honduras.............................................. 126,650
Economic Support Fund
State Western Hemisphere Regional.....................
Central America Program to Protect Judicial 2,500
Officials, Independent Media, and Human Rights
Defenders..........................................
International Narcotics Control and Law Enforcement
Central America Regional Security Initiative of [32,500]
which, Costa Rica..................................
International Military Education and Training
Costa Rica.......................................... 725
Foreign Military Financing Program
Costa Rica.......................................... 7,500
------------------------------------------------------------------------
Within the funds provided pursuant to subsection
(a)(1)(A)(ii), the agreement includes funding for support of
bilateral compacts with the governments of Central America for
the purpose of strengthening their capacity to protect women
and children from domestic violence, sexual assault,
trafficking, and child abuse or neglect, including by holding
perpetrators accountable.
The Government of Guatemala should fulfill its commitment
under the financing agreement for the Chixoy Reparations Plan
in a timely manner, and the USAID Administrator shall submit a
report to the Committees on Appropriations on progress not
later than 60 days after the date of enactment of the Act,
including the reasons for any delay in implementing the
agreement.
The agreement endorses language under this section in the
House report concerning the purposes and allocation of funds
made available pursuant to subsection (a)(1)(A)(i) to combat
corruption and impunity.
Funds made available by the Act for assistance for El
Salvador, Guatemala, and Honduras shall, as appropriate and in
accordance with the conditions of subsection (a)(2), be made
available for programs that: (1) increase productivity in
targeted economic sectors in which each country could be
regionally or globally competitive, consistent with United
States and international law; (2) reduce trade barriers
regionally and with the United States; (3) enhance
infrastructure at key border crossings in order to facilitate
trade regionally and with the United States; (4) provide
technical assistance to promote economic growth that is
equitable and reaches all, including the most marginalized, and
attract foreign investment, including by implementing legal,
regulatory, and economic reforms; and (5) provide technical
assistance to increase the collection of taxes.
Not later than 60 days after the date of enactment of the
Act, the USAID Administrator shall consult with the Committees
on Appropriations on funds allocated for the National
Commission for the Search of Persons Disappeared in the Context
of the Armed Conflict in El Salvador for fiscal years 2022 and
2023.
Colombia.--Pursuant to subsection (b), funds for certain
assistance for Colombia are allocated according to the
following table and subject to section 7019 of the Act:
COLOMBIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance
Biodiversity.......................................... 15,000
Economic Support Fund
Afro-Colombian and Indigenous Communities............. 25,000
Human Rights.......................................... 15,000
International Narcotics Control and Law Enforcement
Rule of Law and Human Rights.......................... 37,500
of which, Justice Sector Institutional Strengthening & [19,500]
Reform...............................................
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs...............................................
International Military Education and Training........... 1,850
Foreign Military Financing Program...................... 38,525
------------------------------------------------------------------------
Section 7062(b) of the Act requires the submission of a
spend plan prior to making funds appropriated by the Act
available for assistance for Colombia. Concurrent with the
submission of such plan, and with respect to funds appropriated
under International Narcotics Control and Law Enforcement, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the counternarcotics strategy of the
Government of Colombia and the planned United States assistance
in support of such strategy. Such report shall include (1) a
summary of the strategy, including for eradication,
interdiction, and law enforcement objectives; (2) an
explanation of how United States assistance will support
implementation of such strategy; (3) a description of how such
assistance aligns with United States national interests; (4) a
description of any ways in which the Government of Colombia's
counternarcotics strategy does not align with United
Statesinterests and priorities, and steps intended to be taken to
ensure that such assistance is advancing United States national
interests; and (5) an assessment of the likelihood that such strategy
will sustainably reduce illicit drug cultivation, production, and
trafficking.
The Secretary of State shall regularly review the progress
of the Government of Colombia in meeting the objectives of the
counternarcotics strategy and inform the Committees on
Appropriations of the outcome of such review.
The agreement provides funding to continue programs and
activities to protect Colombia's biodiversity in national
parks, protected areas, and Indigenous reserves.
The agreement supports programs, including demining and UXO
clearance activities, to reintegrate demobilized combatants
into civilian pursuits, consistent with United States and
Colombian law. Funds for such programs may only be made
available following consultation with the Committees on
Appropriations and the Government of Colombia.
The agreement provides not less than $2,000,000 for
continued support for efforts to improve education, digital
connectivity, tertiary roads, and other improvements in
Indigenous coffee producing communities, to increase incomes
and expand economic opportunities, which should be matched with
donations from non-United States Government sources.
Cuba.--The Secretary of State shall update the Consular
Services Report and U.S. Government Personnel Report contained
under the Cuba heading in section 7035 of Senate Report 116-126
in the manner described.
Haiti.--The Secretary of State should use every appropriate
diplomatic tool to press for meaningful dialogue between the
current authorities, civil society, the political opposition,
and other relevant stakeholders to restore democratic
governance through free and fair elections, counter violent
gangs, improve security, and deliver basic services to the
Haitian people. Additionally, the Secretary is directed to
continue to take strong legal action against individuals
engaged in human rights abuses, corruption, and other illicit
activities.
The agreement includes not less than $5,000,000 to continue
efforts to help meet the sanitary, medical, and nutritional
needs of Haitian prisoners, the vast majority of whom are in
pre-trial detention. The Secretary of State shall consult with
the Committees on Appropriations on the planned uses of funds.
Mexico.--The agreement includes assistance for Mexico
commensurate with prior fiscal years, which should be
prioritized for programs and activities described in the first
paragraph under the heading Assistance Priorities under this
section in the House report.
The Secretary of State should press the Government of
Mexico to provide answers to the families of an estimated
100,000 cases of disappeared persons and identify the thousands
of human remains that have been recovered. The Department of
State should provide forensic assistance to Mexico to help
address the significant backlog of cases.
The agreement includes funds under International Narcotics
Control and Law Enforcement for a Resident Legal Advisor at the
United States Embassy in Mexico, including to address cases of
migrant kidnappings and particularly cases in which extortion
payments are being demanded from relatives in the United
States.
Nicaragua.--The agreement provides not less than
$15,000,000 for democracy programs for Nicaragua, including to
support civil society, journalists, and other activists
promoting the transparency and accountability of government
institutions.
The Caribbean.--Funds for certain assistance for the
Caribbean are allocated according to the following table and
subject to section 7019 of the Act:
THE CARIBBEAN
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Initiative Authority
------------------------------------------------------------------------
Development Assistance
Barbados and the Eastern Caribbean.................... 9,500
Dominican Republic.................................... 18,100
USAID Caribbean Development Program 13,000
Caribbean Energy Initiative........................... 7,500
USAID Latin America and the Caribbean Regional........
Strengthening Resilience to Natural Disasters......... 10,000
Inclusive Economic Growth............................. 12,000
Economic Support Fund
Barbados and the Eastern Caribbean.................... 9,500
USAID Latin America and the Caribbean Regional........
Strengthening Resilience to Natural Disasters......... 7,000
State Western Hemisphere Regional.....................
Caribbean Basin Security Initiative................... 37,000
International Narcotics Control and Law Enforcement
State Western Hemisphere Regional.....................
Caribbean Basin Security Initiative................... 35,000
Foreign Military Financing Program
State Western Hemisphere Regional.....................
Caribbean Basin Security Initiative................... 10,000
---------------
Subtotal, Resilience to Natural Disasters........... 17,000
---------------
Subtotal, Caribbean Basin Security Initiative....... 82,000
------------------------------------------------------------------------
Not later than 45 days after the date of enactment of the
Act the USAID Administrator shall consult with the Committees
on Appropriations on the design and allocation of funds made
available for inclusive economic growth in the Caribbean for
fiscal years 2022 and 2023.
Venezuela.--Pursuant to subsection (f), the agreement
directs that $50,000,000 under Economic Support Fund should be
made available for democracy programs for Venezuela, and that
funds under title III of the Act shall be made available to
assist with the needs of Venezuelan migrants, subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
Western Hemisphere Report on United States Counternarcotics
Strategy.--The Secretary of State, in consultation with the
USAID Administrator, shall submit a report to the Committees on
Appropriations not later than 120 days after the date of
enactment of the Act on the United States counternarcotics
strategy in Central and South America. Such report shall
include: (1) a review disaggregated by country of prior
counternarcotics initiatives in Peru, Bolivia, Colombia,
Central America, and Mexico and whether past results achieved
the goals and projected outcomes of such initiatives, including
an explanation of lessons learned and reasons for not achieving
projected outcomes; (2) a description of how the current
strategy has incorporated such lessons and changed over time;
and (3) the goals and projected outcomes of the current
strategy.
Section 7046. Europe and Eurasia (modified)
Anti-Semitism, Racism, and Intolerance.--The agreement
provides $1,000,000 under Assistance for Europe, Eurasia and
Central Asia for programs to address racism, Islamophobia, and
xenophobia in Europe. The Secretary of State shall consult with
the appropriate congressional committees on plans to counter
anti-Semitism, racism, and intolerance in Europe, including
through initiatives supported by the Organization for Security
and Cooperation in Europe (OSCE), the OSCE Parliamentary
Assembly, and the Commission on Security and Cooperation in
Europe.
Armenia.--The agreement includes not less than $60,000,000
for Armenia, including for programs to support economic
development, private sector productivity, energy independence,
democracy, and the rule of law.
Balkans.--Not later than 90 days after the date of
enactment of the Act, the Secretary of State and USAID
Administrator shall jointly brief the Committees on
Appropriations on programs and initiatives being conducted or
intended to be conducted, in addition to those briefed the
prior fiscal year, to increase bilateral trade between the
United States and the Balkans, to reduce youth unemployment in
the region, and to grow small and medium enterprises to spur
economic growth.
Baltic States.--The agreement provides assistance for
Latvia, Lithuania, and Estonia as a means to defend against the
malign influence and aggression of the Russian Federation.
Belarus.--The agreement includes not less than $30,000,000
for democracy programs and other purposes for Belarus, which
shall be made available to promote human rights and support
civil society activists, independent media, and political
opposition forces.
Black Sea Countries.--Not later than 180 days after the
date of enactment of the Act, the Secretary of State, in
coordination with the heads of other relevant Federal agencies,
shall submit to the appropriate congressional committees a
strategy for working with NATO allies to deepen economic ties
with, and strengthen economic and security assistance for,
Black Sea countries, including to support efforts to bolster
democratic resilience.
Civil Society and Independent Journalists.--The Department
of State, USAID, and NED are encouraged to continue supporting
civil society organizations and independent journalists in
European and Eurasian countries where democratic progress and
freedom of expression and association are threatened.
Conflict in the Caucasus.--The agreement endorses language
under this heading in the House report and directs that, prior
to the initial obligation of funds appropriated under title IV
of the Act for assistance for Armenia and Azerbaijan, the
Secretary of State shall consult with the Committees on
Appropriations on the proposed uses of such funds.
Georgia.--Not later than 90 days after the date of
enactment of the Act, the Secretary of State shall update and
submit to the Committees on Appropriations the report described
under this section in the explanatory statement accompanying
division K of Public Law 116-260.
Hungary.--The agreement includes $2,000,000 for democracy
programs for Hungary, particularly to support independent media
and civil society.
Ukraine.--Provisions related to the oversight of
supplemental funds for Ukraine, including for budget support,
humanitarian assistance, and security assistance, are included
under division M of the Act.
Section 7047. Countering Russian Influence and Aggression (modified)
Countering Russian Influence Fund.--The agreement includes
not less than $300,000,000 for the Countering Russian Influence
Fund (CRIF), which is in addition to amounts made available for
bilateral assistance for countries in Europe, Eurasia, and
Central Asia. Funds are allocated according to the following
table and subject to section 7019 of the Act:
COUNTERING RUSSIAN INFLUENCE FUND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia......... 95,000
International Narcotics Control and Law Enforcement..... 50,000
International Military Education and Training........... 5,000
Foreign Military Financing Program...................... 150,000
------------------------------------------------------------------------
Obligation and Expenditure Report.--Not later than 90 days
after the initial obligation of funds and every 90 days
thereafter until September 30, 2024, the Secretary of State and
USAID Administrator shall submit a consolidated report to the
Committees on Appropriations containing updated information on
obligations and expenditures of the CRIF on a country and
project basis.
Section 7048. United Nations (modified)
Annual Report on Arrears.--The Secretary of State shall
continue to submit the reports on arrears required by section
7048(j) of division J of Public Law 115-31 during fiscal year
2023.
Section 7049. War Crimes Tribunal (modified)
Section 7050. Global Internet Freedom (modified)
The agreement includes not less than $90,500,000 for
programs to promote Internet freedom globally, of which
$40,000,000 is from funds appropriated under International
Broadcasting Operations for the Open Technology Fund (OTF).
Funds for such activities are allocated according to the
following table and subject to section 7019 of the Act:
GLOBAL INTERNET FREEDOM
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund................................... 27,000
Near East Regional Democracy.......................... 16,750
Democracy Fund (Department of State).................... 14,000
Democracy Fund (USAID).................................. 3,500
Assistance for Europe, Eurasia and Central Asia......... 6,000
International Broadcasting Operations, Open Technology 40,000
Fund...................................................
------------------------------------------------------------------------
Internet Freedom Cost Matching.--Funds in the agreement
that are made available for Internet freedom programs should be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
Section 7051. Torture and Other Cruel, Inhuman, or Degrading Treatment
or Punishment (unchanged)
Section 7052. Aircraft Transfer, Coordination, and Use (unchanged)
Section 7053. Parking Fines and Real Property Taxes Owed by Foreign
Governments (unchanged)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Extradition (unchanged)
Section 7056. Enterprise Funds (unchanged)
Section 7057. United Nations Population Fund (unchanged)
Section 7058. Global Health Activities (modified)
Family Planning/Reproductive Health.--The agreement
maintains prior year funding levels and policy related to
family planning/reproductive health. The agreement does not
endorse directives under certain House report headings:
Research, regarding contraception; and Women's reproductive
healthcare in El Salvador.
World Health Assembly Multilateral Instrument.--The
Secretary of State is encouraged to prioritize spillover
prevention within the new pandemic prevention multilateral
instrument being negotiated among the World Health Assembly.
Section 7059. Gender Equality and Women's Empowerment (modified)
Section 7060. Sector Allocations (modified)
Basic Education.--The agreement includes $130,000,000 for
the Global Partnership for Education and $30,000,000 for
Education Cannot Wait. The USAID Administrator shall consult
with the Committees on Appropriations on such contributions to
ensure adequate monitoring, evaluation, effectiveness, and
sustainability of programs.
Deviation Authority.--The agreement retains deviation
authority for funds made available in the Act pursuant to this
section and sections 7059 and 7061. Deviation authority
provided in the Act should be exercised only to address
unforeseen or exigent circumstances, including opportunities to
advance United States foreign policy and development interests.
Consultations conducted and notifications submitted prior to
the use of such authority shall include detailed information
justifying the purpose for which funds will be used, the source
of funding, and efforts taken by the Department of State and
USAID to identify other available funding.
Economic Growth.--The agreement includes funds requested
for macroeconomic growth and private sector engagement. Not
later than 120 days after the date of enactment of the Act, the
Secretary of State, USAID Administrator, and Secretary of the
Treasury shall submit a report to the Committees on
Appropriations detailing the strategies, resources, and
mechanisms available to support sustainable economic growth in
foreign countries, including: (1) how such support is targeted
and measured for effectiveness; and (2) recommendations for
improvements to such efforts.
Food Security.--Not later than 90 days after the date of
enactment of the Act, the Secretary of State shall consult with
the Committees on Appropriations on the directive contained in
subsection (c)(2), including: (1) key parties to be engaged in,
and potential timelines for, such negotiations; and (2) how
such a fund would complement existing bilateral and
multilateral mechanisms intended to transition global food
security efforts from emergency response toward comprehensive,
country-led strategies to sustainably address food insecurity.
Global Child Thrive Act.--The USAID Administrator should
prioritize implementation of the Global Child Thrive Act
(Subtitle I, Title XII, Public Law 116-283) and integrate early
childhood development interventions across humanitarian and
development programming, including within nutrition, maternal
and child health, basic education, and vulnerable children
programs.
Pursuant to the Reinforcing Education Accountability in
Development Act (division A of Public Law 115-56), the annual
report to Congress on the United States Government Strategy on
International Basic Education should include funding data
disaggregated by country, education level, and populations
affected by crisis and conflict.
International Food Security Balances Report.--The USAID
Administrator shall submit the international food security
balances report required under this heading in the explanatory
statement accompanying division K of Public Law 117-103 every
90 days until September 30, 2023, as required in such
explanatory statement.
Land Grant Institutions.--USAID should continue supporting
the work of land grant institutions of higher learning and
continue partnering with such institutions with specialized
capability in agriculture research to assist developing
countries in improving food production.
Market-Based Social Enterprises.--Funds used to support
market-based assistance for smallholder farmers through
locally-based social enterprises should support organizations
that are significantly funded through earned revenue and
demonstrate social impact through rigorously measured impact
data, including measuring attributable crop yield increases.
Not later than 180 days after the date of enactment of the
Act, the USAID Administrator shall submit a report to the
Committees on Appropriations detailing how USAID: (1) defines
market-based social enterprises; and (2) intends to program and
track funds for this purpose in fiscal year 2023.
Scholar Rescue Programs.--Funding for programs to rescue
scholars shall be awarded on a competitive basis. The Secretary
of State and USAID Administrator shall consult with the
Committees on Appropriations prior to the initial obligation of
funds for such purpose, including to identify the operating
unit or units responsible for administering such funds.
Section 7061. Environment Programs (modified)
Funds for certain bilateral environment programs are
allocated according to the following table and subject to
section 7019 of the Act:
ENVIRONMENT PROGRAMS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Andean Amazon........................................... 25,000
Brazilian Amazon........................................ 25,000
Central Africa Regional Program for the Environment..... 45,000
Endangered Sea Turtles.................................. 150
Great Apes.............................................. 45,000
Guatemala/Belize/Mexico................................. 7,500
Lacey Act............................................... 4,000
Plastic Impacted Marine Species......................... 1,000
Toxic Chemicals......................................... 9,000
Lead exposure......................................... 3,000
United States Fish and Wildlife Service................. 6,500
Migratory bird conservation........................... 1,500
United States Forest Service............................ 8,500
------------------------------------------------------------------------
Climate Action and Support Transparency Training.--The
agreement includes funds to support implementation of the
United States component of the Climate Action and Support
Transparency Training Adaptation Academy.
Environmental Defenders.--Subsection (i) provides
$20,000,000 to support Indigenous and other civil society
organizations. These funds are intended for small grants to
local environmental defenders who, often at great personal
risk, work to protect landscapes, rivers, wildlife, and human
health that are imperiled by mining, logging, and other
extractive industries, petrochemical manufacturing, or other
sources of pollution or environmental degradation.
Great Apes.--Of the funds provided to protect the habitat
of great apes in Central Africa and Indonesia, $8,500,000 shall
be directly transferred to the United States Fish and Wildlife
Service and the agreement includes $5,500,000 for USAID's
orangutan conservation program.
Illegal, Unreported, and Unregulated (IUU) Fishing.--
USAID's Bureau for Development, Democracy, and Innovation and
Bureau for Resilience and Food Security are directed to work
together to address the fundamental system failures that allow
for IUU fishing to persist, jeopardizing economic,
environmental, and food security objectives, including through
new or expanded initiatives undertaken by the Bureau for
Resilience and Food Security.
Marine Partnerships.--The agreement supports efforts by
United States research institutions to partner with marine
science researchers in developing countries, to improve
scientific knowledge and management practices that support
sustainably managed marine fish and other resources.
Maya Biosphere Reserve.--The agreement includes funding for
tropical forest conservation in the Maya Biosphere Reserve, of
which not less than $2,500,000 shall be provided by direct
transfer to the Department of the Interior's International
Technical Assistance Program to: (1) strengthen environmental
governance; (2) expand community-based conservation
initiatives; (3) protect archeological sites; and (4) encourage
sustainable economic opportunities including in Belize and
Mexico. The agreement does not provide funding for logging or
the construction of roads, except for community forest
concessions and temporary roads in support of such concessions.
Methane Emissions Detection Technologies.--Not later than
90 days after the date of enactment of the Act, the Secretary
of State, in coordination with the Special Presidential Envoy
for Climate, shall consult with the Committees on
Appropriations on efforts to engage with stakeholders, such as
members of the Global Methane Initiative, on public-private
partnerships to identify and mitigate methane emissions.
National Parks and Protected Areas.--Funds made available
for law enforcement in national parks and protected areas shall
only be made available pursuant to the directives listed under
this heading in the House report, and the Secretary of State
and USAID Administrator shall consult with the Committees on
Appropriations not later than 45 days after the date of
enactment of the Act on implementation of such requirements.
Ocean Plastic Pollution.--Pursuant to subsection (h), not
less than $50,000,000 shall be made available for programs to
reduce ocean plastic pollution and other marine debris. If
progress is made on a new global agreement for plastic
pollution, including for a multilateral fund to support such
agreement, or on a new international public-private partnership
to address plastics pollution, additional funds are available
in the Act to support such efforts.
Not later than 60 days after the date of enactment of the
Act, the Secretary of State and USAID Administrator, in
consultation with the heads of other relevant Federal agencies,
shall report to the Committees on Appropriations on: (1) the
status of negotiations for a global agreement on plastic
pollution; (2) progress made toward establishing a new
multilateral fund to reduce ocean plastic pollution and other
marine debris, including engagement with the World Bank and
other key bilateral and multilateral donors; (3) how such fund
would be structured, administered, and financed; (4) the status
of a new international public-private partnership to address
ocean pollution; and (5) efforts to implement ocean plastic
pollution programming to date, including support for bilateral
and multilateral programs.
Plastic Impacted Marine Species.--The agreement includes
funds to be administered pursuant to 16 U.S.C. 3701 for cost-
matching projects that protect marine species severely impacted
by marine plastic debris, and the USAID Administrator shall
consult with the Committees on Appropriations prior to the
obligation of such funds.
Small Modular Reactors.--Not later than 120 days after the
date of enactment of the Act, the Secretary of State, in
consultation with the USAID Administrator, the DFC CEO, the
USTDA Director, and the heads of other relevant Federal
agencies, shall brief the Committees on Appropriations on
efforts to support deployment of advanced small modular reactor
technology for the purpose of increasing energy independence
and providing alternative access to clean energy.
United States Fish and Wildlife Service, United States
Forest Service, National Oceanic and Atmospheric
Administration, and the Department of the Interior.--Funds
provided by direct transfer to United States Fish and Wildlife
Service (USFWS), United States Forest Service (USFS), National
Oceanic and Atmospheric Administration (NOAA), and the
Department of the Interior (DOI) shall be transferred
expeditiously and in a manner that is consistent with prior
fiscal years. Prior to the obligation and expenditure of funds
USFWS, USFS, NOAA, and DOI shall submit spend plans to the
Committees on Appropriations and USAID detailing the intended
uses of such funds. Prior to the submission of spend plans,
such agencies shall consult on the intended uses of funds with
USAID, as appropriate.
Wildlife Poaching and Trafficking.--The agreement continues
to support the use of aircraft for antipoaching and protected
area management activities pursuant to the authority provided
in section 484(a)(2) of the FAA for transfer of title of
aircraft to support anti-poaching and protected area management
activities.
Section 7062. Budget Documents (modified)
Spend Plans.--The following spend plans shall be submitted
pursuant to section 7062(b) of the Act: (1) assistance for
countries in Central America (including for the youth
empowerment program on a country-by-country basis) and the
Caribbean, Ethiopia, PICs, Sri Lanka, and Tunisia; (2)
assistance for the Africa Regional Counterterrorism program,
Caribbean Basin Security Initiative, Central America Regional
Security Initiative, Counterterrorism Partnerships Fund, Global
Peace Operations Initiative, Indo-Pacific Strategy and the
CPRCIF, Partnership for Global Infrastructure and Investment,
Partnership for Regional East Africa Counterterrorism, Power
Africa and Prosper Africa initiatives, and Trans-Saharan
Counterterrorism Partnership; (3) assistance made available
pursuant to the following sections in the Act: section 7032;
section 7035(a)(4); section 7047(d) (on a country-by-country
basis); section 7059; and subsections (a), (c), (d), (e), (f)
and (g) of section 7060; (4) funds provided under International
Narcotics Control and Law Enforcement for International
Organized Crime and for Cybercrime and Intellectual Property
Rights, to include bilateral and global programs funded under
such heading; and (5) implementation of the Global Fragility
Act of 2019 (GFA) (title V of division J of Public Law 116-94).
Section 7063. Reorganization (unchanged)
Section 7064. Department of State Management (modified)
Report on Compliance.--The report accompanying the
certification required in subsection (b)(1) shall include a
description of the criteria used by the Secretary of State to
certify that an office or bureau is capable of managing and
overseeing foreign assistance.
Report on Sole Source Awards.--Not later than 45 days after
the date of enactment of the Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
all sole source awards made by the Department of State during
the prior fiscal year in excess of $2,000,000, which shall be
posted on the Department website.
Section 7065. United States Agency for International
Development Management (modified)
Crisis Operations Staffing.--The agreement includes a new,
temporary authority for USAID to respond to foreign crises and
contexts with growing instability. Not later than 180 days
after the date of enactment of the Act, the USAID Administrator
shall brief the appropriate congressional committees on the
implementation and impact of this authority, and whether the
benefits necessitate the establishment of a more permanent
authority.
USAID Accountability Mechanism.--Not later than 60 days
after the date of enactment of the Act, the USAID Administrator
shall update the report required under this heading in the
explanatory statement accompanying division K of Public Law
117-103.
Section 7066. Stabilization and Development in Regions Impacted by
Extremism and Conflict (modified)
Consolidated Report.--Not later than 45 days after the date
of enactment of the Act, and every 90 days thereafter until
September 30, 2023, the Secretary of State and USAID
Administrator shall submit a consolidated report to the
Committees on Appropriations containing updated information on
obligations and expenditures of the Prevention and
Stabilization Fund (PSF) on a country and program basis.
Prevention and Stabilization Fund.--The agreement includes
$135,000,000 for the PSF as one source of funds for
implementation of the Global Fragility Act. The Secretary of
State and USAID Administrator shall prioritize the use of such
funds in countries with national and local governments with the
demonstrated political will and capacity to partner on
strengthening government legitimacy, and where the objectives
of the Global Fragility Act can also be measurably advanced
through support for civil society and enhanced partner
ownership. The Secretary of State and USAID Administrator shall
consult with the Committees on Appropriations on the intended
prioritization and allocation of such funds not later than 60
days prior to submitting the pre-obligation spend plans
required by section 7062(b) of the Act, and such consultations
and spend plans shall include detailed information on how
sources other than the PSF are being coordinated as part of
implementation of the Global Fragility Act.
Section 7067. Debt-for-Development (unchanged)
Section 7068. Extension of Consular Fees and Related Authorities
(modified)
Section 7069. Management of International Transboundary Water Pollution
(new)
Section 7070. Waiver Authority (new)
Section 7071. Organization of American States (modified)
Section 7072. Multilateral Development Banks (new)
Section 7073. War Crimes Accountability (new)
Section 7074. Rescissions (modified)
The agreement rescinds $242,000,000 in prior year
unobligated balances. Of the total, $100,000,000 is from
unobligated Millennium Challenge Corporation balances,
$100,000,000 is from unobligated Contributions for
International Peacekeeping Activities balances, and $42,000,000
is from unobligated Embassy Security, Construction, and
Maintenance balances.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither the bill nor the explanatory statement contains
any congressional earmarks or congressionally directed spending
items, limited tax benefits or limited tariff benefits as
defined in the applicable House and Senate rules.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
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[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$171,014,000: Provided, That of the sums appropriated under
this heading--
(1) $3,569,000 shall be available for the immediate
Office of the Secretary;
(2) $1,277,000 shall be available for the immediate
Office of the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of
the General Counsel;
(4) $17,469,000 shall be available for the Office of
the Under Secretary of Transportation for Policy, of
which $2,000,000 is for the Office for Multimodal
Freight Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of
the Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of
the Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of
the Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of
Public Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of
the Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of
the Chief Information Officer; and
(12) $1,450,000 shall be available for the Office of
Tribal Government Affairs:
Provided further, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') 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 7 percent
by all such transfers: Provided further, That notice of any
change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for
allocation within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $48,996,000, of which
$37,542,000 shall remain available until expended: Provided,
That of such amounts that are available until expended,
$3,224,000 shall be for necessary expenses of the Advanced
Research Projects Agency--Infrastructure (ARPA-I) as authorized
by section 119 of title 49, United States Code: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further,
That any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to
the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional
project assistance grant program under section 6702 of title
49, United States Code, $800,000,000, to remain available until
expended: Provided, That section 6702(f)(2) of title 49, United
States Code, shall not apply to amounts made available under
this heading in this Act: Provided further, That of amounts
made available under this heading in this Act, not less than
$20,000,000 shall be awarded to projects in historically
disadvantaged communities or areas of persistent poverty as
defined under section 6702(a)(1) of title 49, United States
Code: Provided further, That section 6702(g) of title 49,
United States Code, shall not apply to amounts made available
under this heading in this Act: Provided further, That of the
amounts made available under this heading in this Act not less
than 5 percent shall be made available for the planning,
preparation, or design of eligible projects: Provided further,
That grants awarded under this heading in this Act for eligible
projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this
Act, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas,
including Tribal areas, and the investment in a variety of
transportation modes: Provided further, That section
6702(c)(2)(C) of title 49, United States Code, shall not apply
to amounts made available under this heading in this Act:
Provided further, That a grant award under this heading in this
Act shall be not greater than $45,000,000: Provided further,
That section 6702(c)(3) of title 49, United States Code, shall
not apply to amounts made available under this heading in this
Act: Provided further, That not more than 15 percent of the
amounts made available under this heading in this Act may be
awarded to projects in a single State: Provided further, That
for amounts made available under this heading in this Act, the
Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall
financing package: Provided further, That section 6702(f)(1) of
title 49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further,
That of the amounts awarded under this heading in this Act, not
more than 50 percent shall be allocated for eligible projects
located in rural areas and not more than 50 percent shall be
allocated for eligible projects located in urbanized areas:
Provided further, That for the purpose of determining if an
award for planning, preparation, or design under this heading
in this Act is an urban award, the project location is the
location of the project being planned, prepared, or designed:
Provided further, That the Secretary may retain up to 2 percent
of the amounts made available under this heading in this Act,
and may transfer portions of such amounts to the Administrators
of the Federal Aviation Administration, the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration to fund
the award and oversight of grants and credit assistance made
under the program authorized under section 6702 of title 49,
United States Code: Provided further, That for amounts made
available under this heading in this Act, the Secretary shall
consider and award projects based solely on the selection
criteria as identified under section 6702(d)(3) and (d)(4) of
title 49, United States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2025:
Provided, That the Secretary of Transportation shall make such
amounts available for technical assistance and cooperative
agreements to develop and implement technical assistance,
planning, and capacity building to improve and foster thriving
communities through transportation improvements: Provided
further, That the Secretary may enter into cooperative
agreements with philanthropic entities, non-profit
organizations, other Federal agencies, State or local
governments and their agencies, Indian Tribes, or other
technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local, or
Tribal governments, United States territories, metropolitan
planning organizations, transit agencies, or other political
subdivisions of State or local governments: Provided further,
That to be eligible for a cooperative agreement under this
heading, a recipient shall provide assistance to entities
described in the preceding proviso on engaging in public
planning processes with residents, local businesses, non-profit
organizations, and to the extent practicable, philanthropic
organizations, educational institutions, or other community
stakeholders: Provided further, That such cooperative
agreements shall facilitate the planning and development of
transportation and community revitalization activities
supported by the Department of Transportation under titles 23,
46, and 49, United States Code, that increase mobility, reduce
pollution from transportation sources, expand affordable
transportation options, facilitate efficient land use, preserve
or expand jobs, improve housing conditions, enhance connections
to health care, education, and food security, or improve health
outcomes: Provided further, That the Secretary may prioritize
assistance provided with amounts made available under this
heading to communities that have disproportionate rates of
pollution and poor air quality, communities experiencing
disproportionate effects (as defined by Executive Order No.
12898), areas of persistent poverty as defined in section
6702(a)(1) of title 49, United States Code, or historically
disadvantaged communities: Provided further, That the preceding
proviso shall not prevent the Secretary from providing
assistance with amounts made available under this heading to
entities described in the second proviso under this heading
that request assistance through the thriving communities
program: Provided further, That planning and technical
assistance made available under this heading may include pre-
application assistance for capital projects eligible under
titles 23, 46, and 49, United States Code: Provided further,
That the Secretary may retain amounts made available under this
heading for the necessary administrative expenses of (1)
developing and disseminating best practices, modeling, and
cost-benefit analysis methodologies to assist entities
described in the second proviso under this heading with
applications for financial assistance programs under titles 23,
46, and 49, United States Code, and (2) award, administration,
and oversight of cooperative agreements to carry out the
provisions under this heading: Provided further, That such
amounts and payments as may be necessary to carry out the
thriving communities program may be transferred to appropriate
accounts of other operating administrations within the
Department of Transportation: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations not later than 3 business days prior to a
transfer carried out under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$8,850,000, to remain available until expended: Provided, That
the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and
project finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended
to pay for such costs: Provided further, That such amounts are
in addition to other amounts made available for such purposes
and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of
title 23, United States Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such direct
loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain available
through September 30, 2024.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting data,
implementation of Federal cyber security initiatives, and
implementation of enhanced security controls on agency
computers and mobile devices, $48,100,000, to remain available
until September 30, 2024.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $36,543,000, to remain available
until expended: Provided, That of such amount, $5,436,000 shall
be for necessary expenses of the Interagency Infrastructure
Permitting Improvement Center (IIPIC): Provided further, That
there may be transferred to this appropriation, to remain
available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for
IIPIC activities not related to transportation infrastructure:
Provided further, That the tools and analysis developed by the
IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not
related to transportation only to the extent that other Federal
agencies provide funding to the Department in accordance with
the preceding proviso: Provided further, That of the amounts
made available under this heading, $12,914,000 shall be made
available for the purposes, and in amounts, specified for
Community Project Funding/Congressionally Directed Spending in
the table entitled ``Community Project Funding/Congressionally
Directed Spending'' included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$505,285,000, shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further, That
the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58:
Provided further, That no funds made available by this Act to
an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital
Fund Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations
and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,132,000, to remain
available until September 30, 2024: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related to
any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to
carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$354,827,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That
basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under section
41732(b)(3) of title 49, United States Code: Provided further,
That amounts authorized to be distributed for the essential air
service program under section 41742(b) of title 49, United
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account
established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of
title 49, United States Code, for fiscal year 2023, the
requirements established under subparagraphs (B) and (C) of
section 41731(a)(1) of title 49, United States Code, and the
subsidy cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 41731 of
title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescission and transfer of funds)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of this
Act, unless such assessments or agreements have completed the
normal reprogramming process for congressional notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to
record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all
Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working Capital
Fund, to be expended in advance to provide uninterrupted
transit benefits to Government employees: Provided further,
That such reserve shall not exceed 1 month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund shall be fully reimbursed by each customer
agency from available funds for the actual cost of the transit
benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49, United
States Code, for unused transit and van pool benefits, in an
amount not to exceed 10 percent of fiscal year 2023
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided, That
obligations in fiscal year 2023 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the prior
written approval of the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and collect
and maintain a reserve at rates which will return full cost of
transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the House
and Senate Committees on Appropriations; the Committee on
Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. For an additional amount for necessary expenses of
the Volpe National Transportation Systems Center, as authorized
in section 328 of title 49, United States Code, $4,500,000, to
remain available until expended.
Sec. 109. (a) The remaining unobligated balances, as of
September 30, 2023, from amounts made available in section
157(a) of the Continuing Appropriations Act, 2023 (division A
of Public Law 117-180) are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the
amount rescinded is hereby appropriated on September 30, 2023,
to remain available until September 30, 2024, and shall be
available, without additional competition, for completing the
funding of awards made pursuant to the fiscal year 2020
national infrastructure investments program, in addition to
other funds as may be available for such purposes.
(b) The remaining unobligated balances, as of September 30,
2023, from amounts made available in section 157(b) of the
Continuing Appropriations Act, 2023 (division A of Public Law
117-180) are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2023, to
remain available until September 30, 2024, and shall be
available, without additional competition, for completing the
funding of awards made pursuant to the fiscal year 2019
national infrastructure investments program, in addition to
other funds as may be available for such purposes.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act or in Public Law 117-103 for the
costs of award, administration, or oversight of financial
assistance under the programs identified in subsection (c) may
be transferred to the account identified in section 801 of
division J of Public Law 117-58, to remain available until
expended, for the necessary expenses of award, administration,
or oversight of any financial assistance programs in the
Department of Transportation.
(b) Amounts transferred under the authority in this section
are available in addition to amounts otherwise available for
such purpose.
(c) The program from which funds made available under this
Act or in Public Law 117-103 may be transferred under
subsection (a) is the local and regional project assistance
program under section 6702 of title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading
``National Infrastructure Investments'', not less than
$1,000,000 and not greater than $25,000,000 shall be available
to complete port infrastructure projects that received awards
from the national infrastructure investments program under
title I of division G of the Consolidated Appropriations Act,
2019 (Public Law 116-6) or rail infrastructure projects that
received awards from the national infrastructure investments
program under title I of division L of the Consolidated
Appropriations Act, 2018 (Public Law 115-141): Provided, That
an award funded under this section may allow the total award to
a recipient to be greater than $25,000,000: Provided further,
That sponsors of projects eligible for funds made available
under this section shall provide sufficient written
justification describing, at a minimum, the current project
cost estimate, why the project cannot be completed with the
obligated grant amount, and any other relevant information, as
determined by the Secretary: Provided further, That the
allocation under the preceding proviso will be for the amounts
necessary to cover increases to eligible project costs since
the grant was obligated, based on the information provided:
Provided further, That section 200.204 of title 2, Code of
Federal Regulations, shall not apply to amounts made available
under this section: Provided further, That the amounts made
available under this section shall not be part of the Federal
share of total project costs and shall be up to 100 percent:
Provided further, That section 6702(c)(3) of title 49, United
States Code, shall not apply to amounts made available under
this section: Provided further, That section 6702(f) of title
49, United States Code, shall not apply to amounts made
available under this section: Provided further, That of amounts
made available under this section, the Secretary may award to
rail infrastructure projects only amounts that the Secretary
determines are not needed to complete port infrastructure
projects.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, the lease or purchase of passenger motor vehicles
for replacement only, $11,915,000,000, to remain available
until September 30, 2024, of which $9,993,821,000 to be derived
from the Airport and Airway Trust Fund: Provided, That of the
amounts made available under this heading--
(1) not less than $1,630,794,000 shall be available
for aviation safety activities;
(2) $8,812,537,000 shall be available for air traffic
organization activities;
(3) $37,854,000 shall be available for commercial
space transportation activities;
(4) $918,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $152,509,000 shall be available for security and
hazardous materials safety activities; and
(7) $297,676,000 shall be available for staff
offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any
appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section 405
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 not later than 60 days
after the submission of the budget request, the Administrator
of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of the Vision 100-
Century of Aviation Reauthorization Act (49 U.S.C. 40101 note):
Provided further, That the amounts made available under this
heading shall be reduced by $100,000 for each day after 60 days
after the submission of the budget request that such report has
not been transmitted to Congress: Provided further, That not
later than 60 days after the submission of the budget request,
the Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller
staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: Provided further, That
the amounts made available under this heading shall be reduced
by $100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds made
available by this Act shall be available for new applicants for
the second career training program: Provided further, That none
of the funds made available by this Act shall be available for
the Federal Aviation Administration to finalize or implement
any regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment
of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received
from States, counties, municipalities, foreign authorities,
other public authorities, and private sources for expenses
incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than
$187,800,000 shall be used to fund direct operations of the
current air traffic control towers in the contract tower
program, including the contract tower cost share program, and
any airport that is currently qualified or that will qualify
for the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities conducted
by, or coordinated through, the Working Capital Fund: Provided
further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate
the Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment, as
authorized under part A of subtitle VII of title 49, United
States Code, including initial acquisition of necessary sites
by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of
quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made
available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport
and Airway Trust Fund, $2,945,000,000, of which $570,000,000 is
for personnel and related expenses and shall remain available
until September 30, 2024, $2,221,200,000 shall remain available
until September 30, 2025, and $153,800,000 is for terminal
facilities and shall remain available until September 30, 2027:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses incurred
in the establishment, improvement, and modernization of
national airspace systems: Provided further, That not later
than 60 days after submission of the budget request, the
Secretary of Transportation shall transmit to the Congress an
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2024 through 2028, with total funding for each year of the plan
constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided
further, That section 405 of this Act shall apply to amounts
made available under this heading in title VIII of the
Infrastructure Investments and Jobs Appropriations Act
(division J of Public Law 117-58): Provided further, That the
amounts in the table entitled ``Allocation of Funds for FAA
Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2023'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) shall be the baseline for application of
reprogramming and transfer authorities for the current fiscal
year pursuant to paragraph (7) of such section 405 for amounts
referred to in the preceding proviso: Provided further, That,
notwithstanding paragraphs (5) and (6) of such section 405,
unless prior approval is received from the House and Senate
Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the
table referred to in the preceding proviso may be transferred
to any other funding level specified for projects and
activities in such table and no transfer of such funding levels
may increase or decrease any funding level in such table by
more than 10 percent: Provided further, That of the amounts
made available under this heading for terminal facilities,
$45,000,000 shall be made available for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $255,000,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2025: Provided, That there
may be credited to this appropriation as offsetting
collections, funds received from States, counties,
municipalities, other public authorities, and private sources,
which shall be available for expenses incurred for research,
engineering, and development: Provided further, That amounts
made available under this heading shall be used in accordance
with the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level
specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) may be transferred to any other funding
level specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That no transfer may
increase or decrease any funding level by more than 10 percent:
Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,350,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the amounts made
available under this heading shall be available for the
planning or execution of programs the obligations for which are
in excess of $3,350,000,000, in fiscal year 2023,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the amounts made available
under this heading shall be available for the replacement of
baggage conveyor systems, reconfiguration of terminal baggage
areas, or other airport improvements that are necessary to
install bulk explosive detection systems: Provided further,
That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs
under paragraph (2) of such section for subgrants or paragraph
(3) of such section shall be 95 percent for a project at other
than a large or medium hub airport that is a successive phase
of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding
any other provision of law, of amounts limited under this
heading, not less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the Airport
Cooperative Research Program, $40,828,000 shall be available
for Airport Technology Research, and $10,000,000, to remain
available until expended, shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out
the Small Community Air Service Development Program: Provided
further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include
the participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the
Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'',
to enable the Secretary of Transportation to make grants for
projects as authorized by subchapter 1 of chapter 471 and
subchapter 1 of chapter 475 of title 49, United States Code,
$558,555,000, to remain available through September 30, 2025:
Provided, That amounts made available under this heading shall
be derived from the general fund, and such funds shall not be
subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471 of title
49, United States Code: Provided further, That of the sums
appropriated under this heading--
(1) $283,555,000 shall be made available for the
purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in
the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
and
(2) up to $275,000,000 shall be made available to the
Secretary to distribute as discretionary grants to
airports, of which not less than $25,000,000 shall be
made available to any commercial service airport,
notwithstanding the requirement for the airport to be
located in an air quality nonattainment or maintenance
area in section 47102(3)(K) and 47102(3)(L) of title
49, United States Code, for work necessary to construct
or modify airport facilities to provide low-emission
fuel systems, gate electrification, other related air
quality improvements, acquisition of airport-owned
vehicles or ground support equipment with low-emission
technology:
Provided further, That the Secretary may make discretionary
grants to primary airports for airport-owned infrastructure
required for the on-airport distribution, blending, or storage
of sustainable aviation fuels that achieve at least a 50
percent reduction in lifecycle greenhouse gas emissions, using
a methodology determined by the Secretary, including, but not
limited to, on-airport construction or expansion of pipelines,
rail lines and spurs, loading and off-loading facilities,
blending facilities, and storage tanks: Provided further, That
the Secretary may make discretionary grants for airport
development improvements of primary runways, taxiways, and
aprons necessary at a nonhub, small hub, medium hub, or large
hub airport to increase operational resilience for the purpose
of resuming commercial service flight operations following an
earthquake, flooding, high water, hurricane, storm surge, tidal
wave, tornado, tsunami, wind driven water, or winter storms:
Provided further, That the amounts made available under this
heading shall not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.5 percent of the
amounts made available under this heading to fund the award and
oversight by the Administrator of grants made under this
heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during fiscal
year 2023.
Sec. 111. None of the funds made available by this Act shall
be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Federal Aviation
Administration without cost building construction, maintenance,
utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply
to negotiations between the agency and airport sponsors to
achieve agreement on ``below-market'' rates for these items or
to grant assurances that require airport sponsors to provide
land without cost to the Federal Aviation Administration for
air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to satisfy
section 41742(a)(1) of title 49, United States Code, from fees
credited under section 45303 of title 49, United States Code,
and any amount remaining in such account at the close of any
fiscal year may be made available to satisfy section
41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and
available for the same purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall
be available for paying premium pay under section 5546(a) of
title 5, United States Code, to any Federal Aviation
Administration employee unless such employee actually performed
work during the time corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft
to obtain, upon a request to the Administrator of the Federal
Aviation Administration, a blocking of that owner's or
operator's aircraft registration number, Mode S transponder
code, flight identification, call sign, or similar identifying
information from any ground based display to the public that
would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a
Government agency, for the noncommercial flights of that owner
or operator.
Sec. 117. None of the funds made available by this Act shall
be available for salaries and expenses of more than nine
political and Presidential appointees in the Federal Aviation
Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title 49,
United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations a
report that justifies all fees related to aeronautical
navigation products and explains how such fees are consistent
with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in advance.
Sec. 119A. None of the funds made available by or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval any
new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program participants
so long as the Federal Aviation Administration has received an
application from the airport, and so long as the Administrator
determines such tower is eligible using the factors set forth
in Federal Aviation Administration published establishment
criteria.
Sec. 119C. None of the funds made available by this Act may
be used to open, close, redesignate as a lesser office, or
reorganize a regional office, the aeronautical center, or the
technical center unless the Administrator submits a request for
the reprogramming of funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration
Administrative Services Franchise Fund may be reimbursed after
performance or paid in advance from funds available to the
Federal Aviation Administration and other Federal agencies for
which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's
obligations under section 44502(e) of title 49, United States
Code, unless the eligible air traffic system or equipment to be
transferred to the FAA under section 44502(e) of title 49,
United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5,
2018 and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor
airports located in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading ``Grants-
in-aid for Airports'', up to $3,500,000 shall be for necessary
expenses, including an independent verification regime, to
provide reimbursement to airport sponsors that do not provide
gateway operations and providers of general aviation ground
support services, or other aviation tenants, located at those
airports closed during a temporary flight restriction (TFR) for
any residence of the President that is designated or identified
to be secured by the United States Secret Service, and for
direct and incremental financial losses incurred while such
airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or
distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support
services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law,
or through fault or negligence, of such operators and service
providers or of third parties (including airports) are not
eligible for reimbursements: Provided further, That obligation
and expenditure of funds are conditional upon full release of
the United States Government for all claims for financial
losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $473,535,991 together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration
and operation of the Federal Highway Administration: Provided,
That in addition, $3,248,000 shall be transferred to the
Appalachian Regional Commission in accordance with section
104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety construction
programs shall not exceed total obligations of $58,764,510,674
for fiscal year 2023: Provided, That the limitation on
obligations under this heading shall only apply to contract
authority authorized from the Highway Trust Fund (other than
the Mass Transit Account), unless otherwise specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
authorized Federal-aid highway and highway safety construction
programs, $59,503,510,674 shall be derived from the Highway
Trust Fund (other than the Mass Transit Account), to remain
available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $3,417,811,613:
Provided, That the funds made available under this heading
shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2023 in this or any other
Act for: (1) ``Federal-aid Highways'' under chapter 1 of title
23, United States Code; (2) the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-
240; (3) the nationally significant Federal lands and Tribal
projects program under section 1123 of the FAST Act, as amended
(23 U.S.C. 201 note); (4) the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.); or (5) the Denali
Commission, and shall not affect the distribution or amount of
funds provided in any other Act: Provided further, That, except
for funds made available under this heading for the Northern
Border Regional Commission and the Denali Commission, section
11101(e) of Public Law 117-58 shall apply to funds made
available under this heading: Provided further, That unless
otherwise specified, amounts made available under this heading
shall be available until September 30, 2026, and shall not be
subject to any limitation on obligations for Federal-aid
highways or highway safety construction programs set forth in
any Act making annual appropriations: Provided further, That of
the sums appropriated under this heading--
(1) $1,862,811,613 shall be for the purposes, and in
the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That,
except as otherwise provided under this heading, the
funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That funds
made available under this paragraph that are used for
Tribal projects shall be administered as if allocated
under chapter 2 of title 23, United States Code, except
that the set-asides described in subparagraph (C) of
section 202(b)(3) of title 23, United States Code, and
subsections (a)(6), (c), and (e) of section 202 of such
title, and section 1123(h)(1) of MAP-21 (as amended by
Public Law 117-58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway
System, as authorized under section 1069(y) of Public
Law 102-240: Provided, That for the purposes of funds
made available under this paragraph, the term
``Appalachian State'' means a State that contains 1 or
more counties (including any political subdivision
located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States
Code: Provided further, That funds made available under
this heading for construction of the Appalachian
Development Highway System shall remain available until
expended: Provided further, That, except as provided in
the following proviso, funds made available under this
heading for construction of the Appalachian Development
Highway System shall be administered as if apportioned
under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds
made available under this heading for construction of
the Appalachian Development Highway System shall be
carried out in the same manner as a project under
section 14501 of title 40, United States Code: Provided
further, That subject to the following proviso, funds
made available under this heading for construction of
the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian
Development Highway System Cost-to-Complete Estimate,
adopted in Appalachian Regional Commission Resolution
Number 736, and confirmed as each Appalachian State's
relative share of the estimated remaining need to
complete the Appalachian Development Highway System,
adjusted to exclude those corridors that such States
have no current plans to complete, as reported in the
2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned
a higher priority for completion of an Appalachian
Development Highway System corridor, as reported in the
2020 Appalachian Development Highway System Future
Outlook: Provided further, That the Secretary shall
adjust apportionments made under the preceding proviso
so that no Appalachian State shall be apportioned an
amount in excess of 30 percent of the amount made
available for construction of the Appalachian
Development Highway System under this heading: Provided
further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments
under the preceding two provisos: Provided further,
That the Federal share of the costs for which an
expenditure is made for construction of the Appalachian
Development Highway System under this heading shall be
up to 100 percent;
(3) $40,000,000 shall be for the nationally
significant Federal lands and Tribal projects program
under section 1123 of the FAST Act (23 U.S.C. 201
note), of which not less than $20,000,000 shall be for
competitive grants to tribal governments;
(4) $12,000,000 shall be for the regional
infrastructure accelerator demonstration program
authorized under section 1441 of the FAST Act (23
U.S.C. 601 note): Provided, That for funds made
available under this paragraph, the Federal share of
the costs shall be, at the option of the recipient, up
to 100 percent;
(5) $20,000,000 shall be for the national scenic
byways program under section 162 of title 23, United
States Code: Provided, That, except as otherwise
provided under this heading, the funds made available
under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States
Code;
(6) $45,000,000 shall be for the active
transportation infrastructure investment program under
section 11529 of the Infrastructure Investment and Jobs
Act (23 U.S.C. 217 note): Provided, That except as
otherwise provided under such section or this heading,
the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title
23, United States Code: Provided further, That funds
made available under this paragraph shall remain
available until expended;
(7) $3,000,000 shall be to carry out the Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-
Way Program under section 332 of title 23, United
States Code;
(8) $5,000,000 shall be for a cooperative series of
agreements with universities, Federal agencies, the
National Academy of Sciences, transportation agencies,
or nonprofit organizations, to examine the impacts of
culverts, roads, and bridges on threatened or
endangered salmon populations: Provided, That, for
funds made available under this paragraph, the Federal
share of the costs of an activity carried out with such
funds shall be 80 percent: Provided further, That,
except as otherwise provided under this heading, the
funds made available under this paragraph shall be
administered as if authorized under chapter 5 of title
23, United States Code;
(9) $1,145,000,000 shall be for a bridge replacement
and rehabilitation program: Provided, That, for the
purposes of funds made available under this paragraph,
the term ``State'' means any of the 50 States or the
District of Columbia and the term ``qualifying State''
means any State in which the percentage of total deck
area of bridges classified as in poor condition in such
State is at least 5 percent or in which the percentage
of total bridges classified as in poor condition in
such State is at least 5 percent: Provided further,
That, of the funds made available under this paragraph,
the Secretary shall reserve $6,000,000 for each State
that does not meet the definition of a qualifying
State: Provided further, That, after making the
reservations under the preceding proviso, the Secretary
shall distribute the remaining funds made available
under this paragraph to each qualifying State by the
proportion that the percentage of total deck area of
bridges classified as in poor condition in such
qualifying State bears to the sum of the percentages of
total deck area of bridges classified as in poor
condition in all qualifying States: Provided further,
That, of the funds made available under this
paragraph--
(A) no qualifying State shall receive more
than $60,000,000;
(B) each State shall receive an amount not
less than $6,000,000; and
(C) after calculating the distribution of
funds pursuant to the preceding proviso, any
amount in excess of $60,000,000 shall be
redistributed equally among each State that
does not meet the definition of a qualifying
State:
Provided further, That the funds made available under
this paragraph shall be used for highway bridge
replacement or rehabilitation projects on public roads:
Provided further, That for purposes of this paragraph,
the Secretary shall calculate the percentages of total
deck area of bridges (including the percentages of
total deck area classified as in poor condition) and
the percentages of total bridge counts (including the
percentages of total bridges classified as in poor
condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, That, except as
otherwise provided under this heading, the funds made
available under this paragraph shall be administered as
if apportioned under chapter 1 of title 23, United
States Code;
(10) $15,000,000 shall be transferred to the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.) to
make grants, in addition to amounts otherwise made
available to the Northern Border Regional Commission
for such purpose, to carry out pilot projects that
demonstrate the capabilities of wood-based
infrastructure projects: Provided, That a grant made
with funds made available under this paragraph shall be
administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(11) $150,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4) of title
23, United States Code, of which $125,000,000 shall be
for such activities eligible under subparagraph (A) of
such section, and of which $25,000,000 shall be for
such activities eligible under subparagraph (C) of such
section: Provided, That, except as otherwise provided
under this heading, the funds made available under this
paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided
further, That, except as otherwise provided under this
heading, funds made available under this paragraph
shall be administered as if made available to carry out
section 176(d) of such title: Provided further, That,
for purposes of the calculation under section
176(d)(5)(G)(ii) of such title, amounts made available
under this paragraph shall be included in the
calculation of the total amount provided for fiscal
year 2023 under section 176(d) of such title: Provided
further, That for purposes of applying the set-asides
under section 176(d)(5)(H)(ii) and (iii) of such title,
amounts made available under this paragraph for
competitive awards for activities eligible under
sections 176(d)(4)(A) and 176(d)(4)(C) of such title
shall be included in the calculation of the amounts
made available to carry out section 176(d) of such
title for fiscal year 2023: Provided further, That, the
Secretary may retain not more than a total of 5 percent
of the amounts made available under this paragraph to
carry out this paragraph and to review applications for
grants under this paragraph, and may transfer portions
of the funds retained under this proviso to the
relevant Administrators to fund the award and oversight
of grants provided under this paragraph: Provided
further, That a project assisted with funds made
available under this paragraph shall be treated as a
project on a Federal-aid highway;
(12) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e)
of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277): Provided, That funds made
available under this paragraph shall not be subject to
section 311 of such Act: Provided further, That except
as otherwise provided under section 307(e) of such Act
or this heading, funds made available under this
paragraph shall be administered as if directly
appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the
requirement in section 307(e) of such Act that the
local community provides a 10 percent non-Federal match
in the form of any necessary land or planning and
design funds: Provided further, That such funds shall
be available until expended: Provided further, That the
Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall
be up to 90 percent; and
(13) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali Access System
Program under section 309 of the Denali Commission Act
of 1998 (42 U.S.C. 3121 note; Public Law 105-277):
Provided, That a transfer under this paragraph shall
not be subject to section 311 of such Act: Provided
further, That except as otherwise provided under this
heading, funds made available under this paragraph
shall be administered as if directly appropriated to
the Denali Commission and subject to applicable
provisions of such Act: Provided further, That funds
made available under this paragraph shall not be
subject to section 309(j)(2) of such Act: Provided
further, That funds made available under this paragraph
shall be available until expended: Provided further,
That the Federal share of the costs for which an
expenditure is made with funds transferred under this
paragraph shall be up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative
expenses and programs by section 104(a) of
title 23, United States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation
limitation for Federal-aid highways that is equal to
the unobligated balance of amounts--
(A) made available from the Highway Trust
Fund (other than the Mass Transit Account) for
Federal-aid highway and highway safety
construction programs for previous fiscal years
the funds for which are allocated by the
Secretary (or apportioned by the Secretary
under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was
provided in a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of
this subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and
highway safety construction programs (other
than sums authorized to be appropriated for
provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums
authorized to be appropriated for section 119
of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the
amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for each of
the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
authorized Federal-aid highway and highway safety
construction programs, or apportioned by the Secretary
under section 202 or 204 of title 23, United States
Code, by multiplying--
(A) the proportion determined under paragraph
(3); by
(B) the amounts authorized to be appropriated
for each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-
aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and the
amounts distributed under paragraph (4), for Federal-
aid highway and highway safety construction programs
that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned
for the National Highway Performance Program in section
119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the
amounts apportioned under sections 202 and 204 of that
title) in the proportion that--
(A) amounts authorized to be appropriated for
the programs that are apportioned under title
23, United States Code, to each State for such
fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are
apportioned under title 23, United States Code,
to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation
Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat.
2714);
(3) section 9 of the Federal-Aid Highway Act of 1981
(95 Stat. 1701);
(4) subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982 (96 Stat.
2119);
(5) subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2027);
(7) section 157 of title 23, United States Code (as
in effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as
in effect for fiscal years 1998 through 2004, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation
Equity Act for the 21st Century (112 Stat. 107) or
subsequent Acts for multiple years or to remain
available until expended, but only to the extent that
the obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as
in effect for fiscal years 2005 through 2012, but only
in an amount equal to $639,000,000 for each of those
fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in
accordance with that section were not subject to a
limitation on obligations at the time at which the
funds were initially made available for obligation; and
(12) section 119 of title 23, United States Code
(but, for each of fiscal years 2013 through 2023, only
in an amount equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation
limitation made available under subsection (a) if an
amount distributed cannot be obligated during that
fiscal year; and
(2) redistribute sufficient amounts to those States
able to obligate amounts in addition to those
previously distributed during that fiscal year, giving
priority to those States having large unobligated
balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States
Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
the obligation limitation for Federal-aid highways
shall apply to contract authority for transportation
research programs carried out under--
(A) chapter 5 of title 23, United States
Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the
Infrastructure Investment and Jobs Act (Public
Law 117-58).
(2) Exception.--Obligation authority made available
under paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the
date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the
States any funds (excluding funds authorized for the
program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for
such fiscal year for Federal-aid highway
programs; and
(B) the Secretary determines will not be
allocated to the States (or will not be
apportioned to the States under section 204 of
title 23, United States Code), and will not be
available for obligation, for such fiscal year
because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under
paragraph (1) in the same proportion as the
distribution of obligation authority under subsection
(a)(5).
(3) Availability.--Funds distributed to each State
under paragraph (1) shall be available for any purpose
described in section 133(b) of title 23, United States
Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data
products, for necessary expenses incurred pursuant to chapter
63 of title 49, United States Code, may be credited to the
Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for
Federal-aid highways projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity on
the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall post on a website any
waivers granted under the Buy America requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least 60
days before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation for
the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of its
intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to
which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under
this section, such funds and associated obligation limitation
shall remain available for obligation for a period of 3 fiscal
years after the fiscal year in which the Secretary is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in
rule XLIV of the Standing Rules of the Senate,
identified in a prior law, report, or joint explanatory
statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal
Highway Administration; or
(2) a congressional earmark, as defined in rule XXI
of the Rules of the House of Representatives,
identified in a prior law, report, or joint explanatory
statement, which was authorized to be appropriated or
appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal
Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than
10 percent of the amount made available for obligation as of
October 1 of the current fiscal year, and shall be applied to
projects within the same general geographic area within 25
miles for which the funding was designated, except that a State
or territory may apply such authority to unexpended balances of
funds from projects or activities the State or territory
certifies have been closed and for which payments have been
made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to
the House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United
States Code, as amended by the Infrastructure Investment and
Jobs Act (Public Law 117-58), $367,500,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution, or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $367,500,000, for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2023, of which
$14,073,000, to remain available for obligation until September
30, 2025, is for the research and technology program, and of
which not less than $63,098,000, to remain available for
obligation until September 30, 2025, is for development,
modernization, enhancement, and continued operation and
maintenance of information technology and information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
$506,150,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed
total obligations of $506,150,000 in fiscal year 2023 for
``Motor Carrier Safety Grants'': Provided further, That of the
amounts made available under this heading--
(1) $398,500,000, to remain available for obligation
until September 30, 2024, shall be for the motor
carrier safety assistance program;
(2) $42,650,000, to remain available for obligation
until September 30, 2024, shall be for the commercial
driver's license program implementation program;
(3) $58,800,000, to remain available for obligation
until September 30, 2024, shall be for the high
priority program;
(4) $1,200,000, to remain available for obligation
until September 30, 2024, shall be for the commercial
motor vehicle operators grant program; and
(5) $5,000,000, to remain available for obligation
until September 30, 2024, shall be for the commercial
motor vehicle enforcement training and support grant
program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the receipt
of the notice by the persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal
Regulations, as recommended by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use of
electronic logging devices by operators of commercial motor
vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of title
49, United States Code, $210,000,000, to remain available
through September 30, 2024.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of section 403 of title 23, United States Code,
including behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58), and
chapter 303 of title 49, United States Code, $197,000,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be available
for the planning or execution of programs the total obligations
for which, in fiscal year 2023, are in excess of $197,000,000:
Provided further, That of the sums appropriated under this
heading--
(1) $190,000,000 shall be for programs authorized
under section 403 of title 23, United States Code,
including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and
section 25024 of the Infrastructure Investment and Jobs
Act (Public Law 117-58); and
(2) $7,000,000 shall be for the National Driver
Register authorized under chapter 303 of title 49,
United States Code:
Provided further, That within the $197,000,000 obligation
limitation for operations and research, $57,500,000 shall
remain available until September 30, 2024, and shall be in
addition to the amount of any limitation imposed on obligations
for future years: Provided further, That amounts for behavioral
research on Automated Driving Systems and Advanced Driver
Assistance Systems and improving consumer responses to safety
recalls are in addition to any other funds provided for those
purposes for fiscal year 2023 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and grant administration expenses under chapter 4
of title 23, United States Code, to remain available until
expended, $795,220,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs for which the total obligations in fiscal
year 2023 are in excess of $795,220,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States
Code, and grant administration expenses under chapter 4 of
title 23, United States Code: Provided further, That of the
sums appropriated under this heading--
(1) $370,900,000 shall be for ``Highway Safety
Programs'' under section 402 of title 23, United States
Code;
(2) $346,500,000 shall be for ``National Priority
Safety Programs'' under section 405 of title 23, United
States Code;
(3) $38,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23,
United States Code; and
(4) $39,520,000 shall be for grant administrative
expenses under chapter 4 of title 23, United States
Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ``National Priority
Safety Programs'' under section 405 of title 23, United States
Code, for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for
technical assistance to the States: Provided further, That with
respect to the ``Transfers'' provision under section 405(a)(8)
of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the preceding proviso or under section
405(a)(8) of title 23, United States Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management
reviews and to pay for core competency development training and
related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds in this Act or any other Act
shall be used to enforce the requirements of section 405(a)(9)
of title 23, United States Code.
Sec. 143. Section 24220 of the Infrastructure Investment and
Jobs Act (Public Law 117-58) is amended by adding at the end
the following:
``(f) Short Title.--This section may be cited as the
`Honoring the Abbas Family Legacy to Terminate Drunk Driving
Act'.''.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $250,449,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$44,000,000, to remain available until expended: Provided, That
of the amounts provided under this heading, up to $3,000,000
shall be available pursuant to section 20108(d) of title 49,
United States Code, for the construction, alteration, and
repair of buildings and improvements at the Transportation
Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership
for Intercity Passenger Rail grants as authorized by section
24911 of title 49, United States Code, $100,000,000, to remain
available until expended: Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under
this heading in this Act for the costs of award and project
management oversight of grants carried out under title 49,
United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized by
section 22907 of title 49, United States Code, $535,000,000, to
remain available until expended: Provided, That of the amounts
made available under this heading in this Act--
(1) not less than $150,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United
States Code, that support the development of new
intercity passenger rail service routes including
alignments for existing routes;
(2) not less than $25,000,000 shall be for projects
eligible under section 22907(c)(11) of title 49, United
States Code: Provided, That for amounts made available
in this paragraph, the Secretary shall give preference
to projects that are located in counties with the most
pedestrian trespasser casualties;
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment
of magnetic levitation transportation projects;
(4) $30,426,000 shall be made available for the
purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in
the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That requirements under subsections (g) and
(l) of section 22907 of title 49, United States Code,
shall not apply to this paragraph: Provided further,
That any remaining funds available after the
distribution of the Community Project Funding/
Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to
distribute as discretionary grants under this heading;
and
(5) not less than $5,000,000 shall be available for
workforce development and training activities as
authorized under section 22907(c)(13) of title 49,
United States Code:
Provided further, That for amounts made available under this
heading in this Act, eligible projects under section
22907(c)(8) of title 49, United States Code, shall also include
railroad systems planning (including the preparation of
regional intercity passenger rail plans and State Rail Plans)
and railroad project development activities (including railroad
project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the
development and analysis of project alternatives): Provided
further, That section 22905(f) of title 49, United States Code,
shall not apply to amounts made available under this heading in
this Act for projects that implement or sustain positive train
control systems otherwise eligible under section 22907(c)(1) of
title 49, United States Code: Provided further, That amounts
made available under this heading in this Act for projects
selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the
appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided further,
That for amounts made available under this heading in this Act,
eligible recipients under section 22907(b)(7) of title 49,
United States Code, shall include any holding company of a
Class II railroad or Class III railroad (as those terms are
defined in section 20102 of title 49, United States Code):
Provided further, That section 22907(e)(1)(A) of title 49,
United States Code, shall not apply to amounts made available
under this heading in this Act: Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply
to amounts made available under this heading in previous fiscal
years if such funds are announced in a notice of funding
opportunity that includes funds made available under this
heading in this Act: Provided further, That the preceding
proviso shall not apply to funds made available under this
heading in the Infrastructure Investment and Jobs Act (division
J of Public Law 117-58): Provided further, That unobligated
balances remaining after 6 years from the date of enactment of
this Act may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the amounts
made available under this heading in this Act for the costs of
award and project management oversight of grants carried out
under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by section
22101(a) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), $1,260,000,000, to remain available until
expended: Provided, That the Secretary may retain up to one-
half of 1 percent of the amounts made available under both this
heading in this Act and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading in this Act
to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further,
That in addition to the project management oversight funds
authorized under section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58), the Secretary may
retain up to an additional $5,000,000 of the amounts made
available under this heading in this Act to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
22101(b) of the Infrastructure Investment and Jobs Act
(division B of Public Law 117-58), $1,193,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $3,000,000 of the funds provided
under this heading in this Act to fund expenses associated with
the State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further, That
at least $50,000,000 of the amount provided under this heading
in this Act shall be available for the development,
installation and operation of railroad safety improvements,
including the implementation of a positive train control
system, on State-supported routes as defined under section
24102(13) of title 49, United States Code, on which positive
train control systems are not required by law or regulation as
identified on or before the date of enactment of this Act:
Provided further, That any unexpended balances from amounts
provided under this heading in this Act and in prior fiscal
years for the development, installation and operation of
railroad safety technology on State-supported routes on which
positive train control systems are not required by law or
regulation shall also be available for railroad safety
improvements on State-supported routes as identified on or
before the date of enactment of Public Law 117-103: Provided
further, That none of the funds provided under this heading in
this Act shall be used by Amtrak to give notice under
subsection (a) or (c) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined
in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a
positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance or
construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially
alter the route of rail service on any portion of such route
operated in fiscal year 2018, including implementation of
service permitted by section 24305(a)(3)(A) of title 49, United
States Code, in lieu of rail service: Provided further, That
the National Railroad Passenger Corporation may use up to
$66,000,000 of the amounts made available under this heading in
this Act to support planning and capital costs, and operating
assistance consistent with the Federal funding limitations
under section 22908 of title 49, United States Code, of
corridors selected under section 25101 of title 49, United
States Code, that are operated by the National Railroad
Passenger Corporation.
administrative provisions--federal railroad administration
(including rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 151. The amounts made available to the Secretary or to
the Federal Railroad Administration for the costs of award,
administration, and project management oversight of financial
assistance which are administered by the Federal Railroad
Administration, in this and prior Acts, may be transferred to
the Federal Railroad Administration's ``Financial Assistance
Oversight and Technical Assistance'' account for the necessary
expenses to support the award, administration, project
management oversight, and technical assistance of financial
assistance administered by the Federal Railroad Administration,
in the same manner as appropriated for in this and prior Acts:
Provided, That this section shall not apply to amounts that
were previously 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. 152. Amounts made available under the heading
``Department of Transportation--Federal Railroad
Administration--Restoration and Enhancement'' in any prior
fiscal years are subject to the requirements of section 22908
of title 49, United States Code, as in effect on the effective
date of the Infrastructure Investment and Jobs Act (Public Law
117-58).
Sec. 153. Section 802 of title VIII of division J of Public
Law 117-58 is amended--
(1) in the first proviso, by inserting ``that could
be'' after ``amounts''; and
(2) in the second proviso, by inserting ``that could
be'' after ``amounts'':
Provided, That amounts repurposed by the amendments made by
this section that were previously designated by the Congress as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 or a concurrent
resolution on the budget are designated 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.
Sec. 154. Of the unobligated balances of funds remaining
from--
(1) ``Rail Line Relocation and Improvement Program''
account totaling $1,811,124.16 appropriated by Public
Law 112-10 is hereby permanently rescinded; and
(2) ``Railroad Safety Grants'' account totaling
$1,610,000.00 appropriated by Public Law 114-113 is
hereby permanently rescinded.
Sec. 155. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee:
Provided, That the President of Amtrak may waive the cap set in
the preceding proviso for specific employees when the President
of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further, That
the President of Amtrak shall report to the House and Senate
Committees on Appropriations no later than 60 days after the
date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2022 and the 3 prior calendar
years: Provided further, That such summary shall include the
total number of employees that received waivers and the total
overtime payments Amtrak paid to employees receiving waivers
for each month for 2022 and for the 3 prior calendar years.
Sec. 156. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities
or rights-of-way below the staffing level on May 1, 2019.
Sec. 157. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-
needed transportation access for 4,700,000 riders in
325 communities in 40 States and are particularly
important in rural areas; and
(2) long-distance passenger rail routes and services
should be sustained to ensure connectivity throughout
the National Network (as defined in section 24102 of
title 49, United States Code).
Sec. 158. State-supported routes operated by Amtrak. Section
24712(a) of title 49, United States Code, is hereby amended by
inserting after section 24712(a)(7) the following--
``(8) Staffing.--The Committee may--
``(A) appoint, terminate, and fix the
compensation of an executive director and other
Committee employees necessary for the Committee
to carry out its duties; and
``(B) enter into contracts necessary to carry
out its duties, including providing Committee
employees with retirement and other employee
benefits under the condition that Non-Federal
members or officers, the executive director,
and employees of the Committee are not Federal
employees for any purpose.
``(9) Authorization of appropriations.--Amounts made
available by the Secretary of Transportation for the
Committee may be used to carry out this section.''.
Sec. 159. For an additional amount for ``Consolidated Rail
Infrastructure and Safety Improvements'', $25,000,000, to
remain available until expended, for projects selected in
response to the Notice of Funding Opportunity published by the
Federal Railroad Administration on August 19, 2019 (84 FR
42979), and where a grant for the project was obligated after
June 1, 2021 and remains open: Provided, That sponsors of
projects eligible for funds made available under this heading
in this section shall provide sufficient written justification
describing, at a minimum, the current project cost estimate,
why the project cannot be completed with the obligated grant
amount, and any other relevant information, as determined by
the Secretary: Provided further, That funds made available
under this section shall be allocated to projects eligible to
receive funding under this section in order of the date the
grants were obligated: Provided further, That the allocation
under the preceding proviso will be for the amounts necessary
to cover increases to eligible project costs since the grant
was obligated, based on the information provided: Provided
further, That the amounts made available under this section
shall not be part of the Federal share of total project costs
under section 22907(h)(2) of title 49, United States Code:
Provided further, That the Federal Railroad Administration
shall provide the amounts allocated to projects under this
section no later than 90 days after the date the sufficient
written justifications required under this section have been
submitted.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the
Infrastructure Investment and Jobs Act, section 20005(b) of
Public Law 112-141, and section 3006(b) of the Fixing America's
Surface Transportation Act, $13,634,000,000, to be derived from
the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available
for the implementation or execution of programs authorized
under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the
Infrastructure Investment and Jobs Act, section 20005(b) of
Public Law 112-141, and section 3006(b) of the Fixing America's
Surface Transportation Act, shall not exceed total obligations
of $13,634,000,000 in fiscal year 2023.
transit infrastructure grants
For an additional amount for buses and bus facilities grants
under section 5339(b) of title 49, United States Code, low or
no emission grants under section 5339(c) of such title, ferry
boats grants under section 5307(h) of such title, bus testing
facilities under section 5318 of such title, innovative
mobility solutions grants under section 5312 of such title,
accelerating innovative mobility initiative grants under
section 5312 of such title, accelerating the adoption of zero
emission buses under section 5312 of such title, Community
Project Funding/Congressionally Directed Spending for projects
and activities eligible under chapter 53 of such title, and
ferry service for rural communities under section 71103 of
division G of Public Law 117-58, $541,959,324, to remain
available until expended: Provided, That of the sums provided
under this heading in this Act--
(1) $90,000,000 shall be available for buses and bus
facilities competitive grants as authorized under
section 5339(b) of such title;
(2) $50,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of
such title: Provided, That the minimum grant award
shall be not less than $750,000;
(3) $15,000,000 shall be available for ferry boat
grants as authorized under section 5307(h) of such
title: Provided, That of the amounts provided under
this paragraph, no less than $5,000,000 shall be
available for low or zero emission ferries or ferries
using electric battery or fuel cell components and the
infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation
and maintenance of the bus testing facilities selected
under section 5318 of such title;
(5) $360,459,324 shall be available for the purposes,
and in amounts, specified for Community Project
Funding/Congressionally Directed Spending in the table
entitled ``Community Project Funding/Congressionally
Directed Spending'' included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act):
Provided, That unless otherwise specified, applicable
requirements under chapter 53 of title 49, United
States Code, shall apply to amounts made available in
this paragraph, except that the Federal share of the
costs for a project in this paragraph shall be in an
amount equal to 80 percent of the net costs of the
project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project
consistent with administration of similar projects
funded under chapter 53 of title 49, United States
Code;
(6) $17,500,000 shall be available for ferry service
for rural communities under section 71103 of division G
of Public Law 117-58: Provided, That for amounts made
available in this paragraph, notwithstanding section
71103(a)(2)(B), eligible service shall include
passenger ferry service that serves at least two rural
areas with a single segment over 20 miles between the
two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code:
Provided further, That entities that provide eligible
service pursuant to the preceding proviso may use
amounts made available in this paragraph for public
transportation capital projects to support any ferry
service between two rural areas: Provided further, That
entities eligible for amounts made available in this
paragraph shall only provide ferry service to rural
areas;
(7) $1,000,000 shall be available for the
demonstration and deployment of innovative mobility
solutions as authorized under section 5312 of title 49,
United States Code: Provided, That such amounts shall
be available for competitive grants or cooperative
agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public
transportation fleet vehicles through riders mobile
devices or other advanced means: Provided further, That
the Secretary shall evaluate the potential for software
developed with grants or cooperative agreements to be
shared for use by public transportation agencies;
(8) $1,000,000 shall be for the accelerating
innovative mobility initiative as authorized under
section 5312 of title 49, United States Code: Provided,
That such amounts shall be available for competitive
grants to improve mobility and enhance the rider
experience with a focus on innovative service delivery
models, creative financing, novel partnerships, and
integrated payment solutions in order to help
disseminate proven innovation mobility practices
throughout the public transportation industry; and
(9) $5,000,000 shall be available to support
technical assistance, research, demonstration, or
deployment activities or projects to accelerate the
adoption of zero emission buses in public transit as
authorized under section 5312 of title 49, United
States Code:
Provided further, That amounts made available under this
heading in this Act shall be derived from the general fund:
Provided further, That amounts made available under this
heading in this Act shall not be subject to any limitation on
obligations for transit programs set forth in this or any other
Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until
September 30, 2024: Provided, That the assistance provided
under this heading does not duplicate the activities of section
5311(b) or section 5312 of title 49, United States Code:
Provided further, That amounts made available under this
heading are in addition to any other amounts made available for
such purposes: Provided further, That amounts made available
under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94), $2,210,000,000, to
remain available until expended: Provided, That of the sums
appropriated under this heading in this Act--
(1) $1,772,900,000 shall be available for projects
authorized under section 5309(d) of title 49, United
States Code;
(2) $100,000,000 shall be available for projects
authorized under section 5309(e) of title 49, United
States Code;
(3) $215,000,000 shall be available for projects
authorized under section 5309(h) of title 49, United
States Code; and
(4) $100,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing
America's Surface Transportation Act:
Provided further, That the Secretary shall continue to
administer the capital investment grants program in accordance
with the procedural and substantive requirements of section
5309 of title 49, United States Code, and of section 3005(b) of
the Fixing America's Surface Transportation Act: Provided
further, That projects that receive a grant agreement under the
Expedited Project Delivery for Capital Investment Grants Pilot
Program under section 3005(b) of the Fixing America's Surface
Transportation Act shall be deemed eligible for funding
provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not exceed
the Federal share under section 3005(b): Provided further, That
upon submission to the Congress of the fiscal year 2024
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on capital investment
grants, including proposed allocations for fiscal year 2024.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432), $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve
grants for capital and preventive maintenance expenditures for
the Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That the Secretary shall determine that the
Washington Metropolitan Area Transit Authority has placed the
highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for
projects specified in this Act not obligated by September 30,
2026, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they were
originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2022, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project
advancement or approval for any project seeking a Federal
contribution from the capital investment grants program of
greater than 40 percent of project costs as authorized under
section 5309 of title 49, United States Code.
Sec. 165. For an additional amount for ``Department of
Transportation--Federal Transit Administration--Capital
Investment Grants'', $425,000,000, to remain available until
expended, for allocation to recipients with existing full
funding grant agreements under sections 5309(d) and 5309(e) of
title 49, United States Code: Provided, That allocations shall
be made only to recipients--
(1) that have received allocations for fiscal year
2022 or that have expended 100 percent of the funds
allocated under section 3401(b)(4) of the American
Rescue Plan Act of 2021 (Public Law 117-2); and
(2) that have a non-capital investment grant share of
at least $800,000,000 and either a capital investment
grant share of 40 percent or less or signed a full
funding grant agreement between January 20, 2017 and
January 20, 2021; and
(3) that have expended at least 75 percent of the
allocations received under paragraph (4) of section
3401(b) of the American Rescue Plan Act of 2021 (Public
Law 117-2) or expended at least 50 percent of the
Federal operating assistance allocations received under
section 5307 of title 49, United States Code, in the
Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136), the Coronavirus Response and
Relief Supplemental Appropriations Act, 2021 (division
M of Public Law 116-260), or the American Rescue Plan
Act of 2021 (Public Law 117-2):
Provided further, That recipients with projects open for
revenue service shall not be eligible to receive an allocation
of funding under this section: Provided further, That amounts
shall be provided to recipients proportionally based on the
non-capital investment grant share of the project: Provided
further, That no project may receive an allocation of more than
15 percent of the total amount in this section: Provided
further, That the Secretary shall proportionally distribute
funds in excess of such 15 percent to recipients for which the
percent of funds does not exceed 15 percent: Provided further,
That amounts allocated pursuant to this section shall be
provided to eligible recipients notwithstanding the limitation
of any calculation of the maximum amount of Federal financial
assistance for the project under section 5309(k)(2)(C)(ii) of
title 49, United States Code: Provided further, That the
Federal Transit Administration shall allocate amounts under
this section no later than 30 days after the date of enactment
of this Act.
Sec. 166. (a) The remaining unobligated balances, as of
September 30, 2023, from amounts made available to the
Department of Transportation in section 422 under title IV of
division L of the Consolidated Appropriations Act, 2022 (Public
Law 117-103) are hereby rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2023, for an additional
amount for fiscal year 2023, to remain available until
September 30, 2025, and shall be available for the same
purposes and under the same authorities for which such amounts
were originally provided in the Consolidated Appropriations
Act, 2019 (Public Law 116-6).
(b) The remaining unobligated balances, as of September 30,
2023, from amounts made available to the Department of
Transportation under the heading ``Federal Transit
Administration--Capital Investment Grants'' in division H of
the Further Consolidated Appropriations Act, 2020 (Public Law
116-94) are hereby rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2023, for an additional amount
for fiscal year 2023, to remain available until September 30,
2025, and shall be available for the same purposes and under
the same authorities for which such amounts were originally
provided in Public Law 116-94.
Sec. 167. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component
assessment under 49 U.S.C. 5312(h) under the headings ``Transit
Formula Grants'' and ``Transit Infrastructure Grants'' in
fiscal years 2021 and 2022 may be used by the facilities
selected for such vehicle component assessment for capital
projects in order to build new infrastructure and enhance
existing facilities in order to expand component testing
capability, in accordance with the industry stakeholder testing
objectives and capabilities as outlined through the work of the
Federal Transit Administration Transit Vehicle Innovation and
Deployment Centers program and included in the Center for
Transportation and the Environment report submitted to the
Federal Transit Administration for review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with 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 programs set forth in the
Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on portions
of the St. Lawrence Seaway owned, operated, and maintained by
the Great Lakes St. Lawrence Seaway Development Corporation,
$38,500,000, to be derived from the Harbor Maintenance Trust
Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the
amounts made available under this heading, not less than
$14,800,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of the
United States, $318,000,000, to remain available until
expended: Provided, That of the unobligated balances from prior
year appropriations available under this heading, $55,000,000
are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $60,000,000, to
remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $213,181,000: Provided, That of the sums
appropriated under this heading--
(1) $87,848,000 shall remain available until
September 30, 2024, for the operations of the United
States Merchant Marine Academy;
(2) $11,900,000 shall remain available until
expended, for facilities maintenance and repair, and
equipment, at the United States Merchant Marine
Academy;
(3) $31,921,000 shall remain available until
expended, for capital improvements at the United States
Merchant Marine Academy;
(4) $6,000,000 shall remain available until September
30, 2024, for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of
title 46, United States Code; and
(5) $10,000,000 shall remain available until
expended, for the America's Marine Highway Program to
make grants for the purposes authorized under
paragraphs (1) and (3) of section 55601(b) of title 46,
United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for fiscal year 2017 (46
U.S.C. 51318): Provided further, That available balances under
this heading for the Short Sea Transportation Program (now
known as the America's Marine Highway Program) from prior year
recoveries shall be available to carry out activities
authorized under paragraphs (1) and (3) of section 55601(b) of
title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $120,700,000:
Provided, That of the sums appropriated under this heading--
(1) $30,500,000 shall remain available until
expended, for maintenance, repair, life extension,
insurance, and capacity improvement of National Defense
Reserve Fleet training ships, and for support of
training ship operations at the State Maritime
Academies, of which not more than $8,000,000 shall be
for expenses related to training mariners, and for
costs associated with training vessel sharing pursuant
to section 51504(g)(3) of title 46, United States Code,
for costs associated with mobilizing, operating and
demobilizing the vessel; travel costs for students,
faculty and crew; and the costs of the general agent,
crew costs, fuel, insurance, operational fees, and
vessel hire costs, as determined by the Secretary;
(2) $75,000,000 shall remain available until
expended, for the National Security Multi-Mission
Vessel Program, including funds for construction,
planning, administration, and design of school ships
and, as determined by the Secretary, necessary expenses
to design, plan, construct infrastructure, and purchase
equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September
30, 2027, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended,
for training ship fuel assistance; and
(5) $6,000,000 shall remain available until September
30, 2024, for direct payments for State Maritime
Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under paragraph
(2) and the funds provided for shoreside infrastructure
improvements in Public Law 117-103 for the purposes described
in paragraph (2): Provided further, That such funds may be used
to reimburse State Maritime Academies for costs incurred prior
to the date of enactment of this Act.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000, to
remain available until expended.
ship disposal
(including rescission of funds)
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000, to remain available until expended:
Provided, That of the unobligated balances from prior year
appropriations made available under this heading, $12,000,000
are hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ``Maritime Administration--
Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $212,203,512, to
remain available until expended: Provided, That projects
eligible for amounts made available under this heading in this
Act shall be projects for coastal seaports, inland river ports,
or Great Lakes ports: Provided further, That of the amounts
made available under this heading in this Act, not less than
$187,203,512 shall be for coastal seaports or Great Lakes
ports: Provided further, That the requirements under section
3501(a)(12) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) shall apply to amounts
made available under this heading in this Act: Provided
further, That for grants awarded under this heading in this
Act, the minimum grant size shall be $1,000,000: Provided
further, That for amounts made available under this heading in
this Act, the requirement under section 54301(a)(6)(A)(ii) of
title 46, United States Code, shall not apply to projects
located in noncontiguous States or territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease,
contract, or occupancy involving Government property under
control of the Maritime Administration: Provided, That payments
received therefor shall be credited to the appropriation
charged with the cost thereof and shall remain available until
expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such
utilities, services, or repairs shall be deposited into the
Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $29,936,000, of
which $4,500,000 shall remain available until September 30,
2025.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $70,743,000, of which $12,070,000 shall remain
available until September 30, 2025, of which $1,000,000 shall
be made available for carrying out section 5107(i) of title 49,
United States Code: Provided, That up to $800,000 in fees
collected under section 5108(g) of title 49, United States
Code, shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred
for training, for reports publication and dissemination, and
for travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $190,385,000, to remain available until September 30,
2025, of which $29,000,000 shall be derived from the Oil Spill
Liability Trust Fund; of which $153,985,000 shall be derived
from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title
49, United States Code, and deposited in the Liquefied Natural
Gas Siting Account for compliance reviews of liquefied natural
gas facilities; and of which $7,000,000 shall be derived from
fees collected under section 60302 of title 49, United States
Code, and deposited in the Underground Natural Gas Storage
Facility Safety Account for the purpose of carrying out section
60141 of title 49, United States Code: Provided, That not less
than $1,058,000 of the amounts made available under this
heading shall be for the One-Call State grant program: Provided
further, That any amounts made available under this heading in
this Act or in prior Acts for research contracts, grants,
cooperative agreements or research other transactions
agreements (``OTAs'') shall require written notification to the
House and Senate Committees on Appropriations not less than 3
full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the
Secretary shall transmit to the House and Senate Committees on
Appropriations the report on pipeline safety testing
enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116-260): Provided
further, That the Secretary may obligate amounts made available
under this heading to engineer, erect, alter, and repair
buildings or make any other public improvements for research
facilities at the Transportation Technology Center after the
Secretary submits an updated research plan and the report in
the preceding proviso to the House and Senate Committees on
Appropriations and after such plan and report in the preceding
proviso are approved by the House and Senate Committees on
Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2025, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay the administrative
costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of
title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of
title 49, United States Code, and the limitation on obligations
provided under this heading, prior year recoveries recognized
in the current year shall be available to develop and deliver
hazardous materials emergency response training for emergency
responders, including response activities for the
transportation of crude oil, ethanol, flammable liquids, and
other hazardous commodities by rail, consistent with National
Fire Protection Association standards, and to make such
training available through an electronic format: Provided
further, That the prior year recoveries made available under
this heading shall also be available to carry out sections
5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title
49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $108,073,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C.
App.), to investigate allegations of fraud, including false
statements to the government (18 U.S.C. 1001), by any person or
entity that is subject to regulation by the Department of
Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be
available for the purchase, maintenance, operation, and
deployment of unmanned aircraft systems that advance the
missions of the Department of Transportation or an operating
administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of enactment
of this Act shall be deemed authorized by Congress as if this
provision was in effect when the system was purchased,
procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
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 an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this
Act shall disseminate personal information (as defined in
section 2725(3) of title 18, United States Code) obtained by a
State department of motor vehicles in connection with a motor
vehicle record as defined in section 2725(1) of title 18,
United States Code, except as provided in section 2721 of title
18, United States Code, for a use permitted under section 2721
of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if
a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall
be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered by
this provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from States,
counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited
respectively to the Federal Highway Administration's ``Federal-
Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in
title VIII of division J of Public Law 117-58 to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, letter of intent, federally funded cooperative
agreement, full funding grant agreement, or discretionary grant
unless the Secretary of Transportation notifies the House and
Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to
receive any discretionary grant award, letter of intent, loan
commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full
funding grant agreement is announced by the Department or its
operating administrations: Provided, That the Secretary of
Transportation shall provide the House and Senate Committees on
Appropriations with a comprehensive list of all such loans,
loan guarantees, lines of credit, letters of intent, federally
funded cooperative agreements, full funding grant agreements,
and discretionary grants prior to the notification required
under the preceding proviso: Provided further, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees,
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to organizational units of the
Department of Transportation using fair and equitable criteria
and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any
funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, transmission of
such reprogramming notice shall be provided solely to the House
and Senate Committees on Appropriations, and such reprogramming
action shall be approved or denied solely by the House and
Senate Committees on Appropriations: Provided, That the
Secretary of Transportation may provide notice to other
congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not
sooner than 30 days after the date on which the reprogramming
action has been approved or denied by the House and Senate
Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or reimbursable
agreements only when such amounts are for the costs of goods
and services that are purchased to provide a direct benefit to
the applicable operating administration or administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or
trainees, a pool of readily available but unemployed
individuals possessing the knowledge, skill, and
ability to perform the work that the contract requires
resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the
contractor does not displace any of its existing
employees in order to satisfy such hiring preference;
and
(3) that any increase in the cost of labor, training,
or delays resulting from the use of such hiring
preference does not delay or displace any
transportation project in the applicable Statewide
Transportation Improvement Program or Transportation
Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-to-
date and shall ensure that systems procured with funds provided
under this title were procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $18,500,000, to remain
available until September 30, 2024: Provided, That not to
exceed $25,000 of the amount made available under this heading
shall be available to the Secretary of Housing and Urban
Development (referred to in this title as ``the Secretary'')
for official reception and representation expenses as the
Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $659,600,000, to remain available until
September 30, 2024: Provided, That of the sums appropriated
under this heading--
(1) $90,000,000 shall be available for the Office of
the Chief Financial Officer;
(2) $125,000,000 shall be available for the Office of
the General Counsel, of which not less than $20,300,000
shall be for the Departmental Enforcement Center;
(3) $225,000,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may
be for modernization and deferred maintenance of the
Weaver Building;
(4) $51,500,000 shall be available for the Office of
the Chief Human Capital Officer;
(5) $28,000,000 shall be available for the Office of
the Chief Procurement Officer;
(6) $65,500,000 shall be available for the Office of
Field Policy and Management;
(7) $4,600,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of
the Chief Information Officer:
Provided further, That funds made available under this heading
may be used for necessary administrative and non-administrative
expenses of the Department, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code:
Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support
program activities funded in this title: Provided further, That
the Secretary shall provide the House and Senate Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further, That
the Secretary shall provide in electronic form all signed
reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$1,054,300,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $278,200,000 shall be available for the Office of
Public and Indian Housing;
(2) $163,400,000 shall be available for the Office of
Community Planning and Development;
(3) $465,000,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be
for the Office of Recapitalization;
(4) $39,600,000 shall be available for the Office of
Policy Development and Research;
(5) $97,000,000 shall be available for the Office of
Fair Housing and Equal Opportunity; and
(6) $11,100,000 shall be available for the Office of
Lead Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the Department
of Housing and Urban Development Act (42 U.S.C. 3535(f)),
amounts transferred, including reimbursements pursuant to
section 7(f), to the Fund under this heading shall be available
only for Federal shared services used by offices and agencies
of the Department, and for any such portion of any office or
agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined
shall be provided through the Fund, and the operational
expenses of the Fund: Provided, That amounts within the Fund
shall not be available to provide services not specifically
authorized under this heading: Provided further, That upon a
determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be
provided through the Fund, amounts made available in this title
for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program
Offices'', and ``Government National Mortgage Association'',
for such services shall be transferred to the Fund, to remain
available until expended: Provided further, That the Secretary
shall notify the House and Senate Committees on Appropriations
of its plans for executing such transfers at least 15 days in
advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$23,599,532,000, to remain available until expended, which
shall be available on October 1, 2022 (in addition to the
$4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2022), and $4,000,000,000, to
remain available until expended, which shall be available on
October 1, 2023: Provided, That of the sums appropriated under
this heading--
(1) $23,748,420,000 shall be available for renewals
of expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance
under section 8(t) of the Act) and including renewal of
other special purpose incremental vouchers: Provided,
That notwithstanding any other provision of law, from
amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2023
funding cycle shall provide renewal funding for each
public housing agency based on validated voucher
management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor
as established by the Secretary, by notice published in
the Federal Register, and by making any necessary
adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under
this paragraph may be used to fund a total number of
unit months under lease which exceeds a public housing
agency's authorized level of units under contract,
except for public housing agencies participating in the
Moving to Work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified
under this paragraph (except as otherwise modified
under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to
this paragraph: Provided further, That except as
provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to
the public housing agencies based on the allocation and
pro rata method described above, and the Secretary
shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this
Act or March 1, 2023: Provided further, That the
Secretary may extend the notification period with the
prior written approval of the House and Senate
Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their
MTW agreements, if any, and shall be subject to the
same pro rata adjustments under the preceding provisos:
Provided further, That the Secretary may offset public
housing agencies' calendar year 2023 allocations based
on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in
calendar year 2022 that is verifiable and complete), as
determined by the Secretary: Provided further, That
public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2023
MTW funding allocation: Provided further, That the
Secretary shall use any offset referred to in the
preceding two provisos throughout the calendar year to
prevent the termination of rental assistance for
families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided
further, That up to $200,000,000 shall be available
only:
(A) for adjustments in the allocations for
public housing agencies, after application for
an adjustment by a public housing agency that
experienced a significant increase, as
determined by the Secretary, in renewal costs
of vouchers resulting from unforeseen
circumstances or from portability under section
8(r) of the Act;
(B) for vouchers that were not in use during
the previous 12-month period in order to be
available to meet a commitment pursuant to
section 8(o)(13) of the Act, or an adjustment
for a funding obligation not yet expended in
the previous calendar year for a MTW-eligible
activity to develop affordable housing for an
agency added to the MTW demonstration under the
expansion authority provided in section 239 of
the Transportation, Housing and Urban
Development, and Related Agencies
Appropriations Act, 2016 (division L of Public
Law 114-113);
(C) for adjustments for costs associated with
HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers;
(D) for public housing agencies that despite
taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be
required to terminate rental assistance for
families as a result of insufficient funding;
(E) for adjustments in the allocations for
public housing agencies that--
(i) are leasing a lower-than-average
percentage of their authorized
vouchers,
(ii) have low amounts of budget
authority in their net restricted
assets accounts and HUD-held
programmatic reserves, relative to
other agencies, and
(iii) are not participating in the
Moving to Work demonstration, to enable
such agencies to lease more vouchers;
(F) for withheld payments in accordance with
section 8(o)(8)(A)(ii) of the Act for months in
the previous calendar year that were
subsequently paid by the public housing agency
after the agency's actual costs were validated;
and
(G) for public housing agencies that have
experienced increased costs or loss of units in
an area for which the President declared a
disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate
amounts under the preceding proviso based on need, as
determined by the Secretary;
(2) $337,000,000 shall be available for section 8
rental assistance for relocation and replacement of
housing units that are demolished or disposed of
pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8,
relocation of witnesses (including victims of violent
crimes) in connection with efforts to combat crime in
public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, Choice
Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-
based assistance to prevent the displacement of
unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as
amended, or under the authority as provided under this
Act: Provided, That when a public housing development
is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8
rental assistance from amounts made available under
this paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units
pose an imminent health and safety risk to residents:
Provided further, That of the amounts made available
under this paragraph, no less than $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as
the result of: (A) the maturity of a HUD-insured, HUD-
held or section 202 loan that requires the permission
of the Secretary prior to loan prepayment; (B) the
expiration of a rental assistance contract for which
the tenants are not eligible for enhanced voucher or
tenant protection assistance under existing law; or (C)
the expiration of affordability restrictions
accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That
such tenant protection assistance made available under
the preceding proviso may be provided under the
authority of section 8(t) or section 8(o)(13) of the
Act: Provided further, That any tenant protection
voucher made available from amounts under this
paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by
the Secretary by notice, when the initial family that
received any such voucher no longer receives such
voucher, and the authority for any public housing
agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied
within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds;
(3) $2,777,612,000 shall be available for
administrative and other expenses of public housing
agencies in administering the section 8 tenant-based
rental assistance program, of which up to $30,000,000
shall be available to the Secretary to allocate to
public housing agencies that need additional funds to
administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,747,612,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2023 funding cycle based on section 8(q)
of the Act (and related Appropriation Act provisions)
as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998
(Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are
insufficient to pay the amounts determined under the
preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide
full payment of amounts determined under the preceding
proviso, utilize unobligated balances, including
recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban
Development under this heading from prior fiscal years,
excluding special purpose vouchers, notwithstanding the
purposes for which such amounts were appropriated:
Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any,
and shall be subject to the same uniform percentage
decrease as under the preceding proviso: Provided
further, That amounts provided under this paragraph
shall be only for activities related to the provision
of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $606,500,000 shall be available for the renewal
of tenant-based assistance contracts under section 811
of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative
and other expenses of public housing agencies in
administering the special purpose vouchers in this
paragraph shall be funded under the same terms and be
subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this
heading: Provided further, That up to $10,000,000 shall
be available only--
(A) for adjustments in the allocation for
public housing agencies, after applications for
an adjustment by a public housing agency that
experienced a significant increase, as
determined by the Secretary, in Mainstream
renewal costs resulting from unforeseen
circumstances; and
(B) for public housing agencies that despite
taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be
required to terminate the rental assistance for
Mainstream families as a result of insufficient
funding:
Provided further, That the Secretary shall allocate
amounts under the preceding proviso based on need, as
determined by the Secretary: Provided further, That
upon turnover, section 811 special purpose vouchers
funded under this heading in this or prior Acts, or
under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up
to $7,500,000 shall be available for rental assistance
and associated administrative fees for Tribal HUD-VASH
to serve Native American veterans that are homeless or
at-risk of homelessness living on or near a reservation
or other Indian areas: Provided, That such amount shall
be made available for renewal grants to recipients that
received assistance under prior Acts under the Tribal
HUD-VASH program: Provided further, That the Secretary
shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That
such assistance shall be administered in accordance
with program requirements under the Native American
Housing Assistance and Self-Determination Act of 1996
and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to
waive, or specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
assistance: Provided further, That grant recipients
shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed
by the Secretary: Provided further, That the Secretary
may reallocate, as determined by the Secretary, amounts
returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $50,000,000 shall be available for incremental
rental voucher assistance for use through a supported
housing program administered in conjunction with the
Department of Veterans Affairs as authorized under
section 8(o)(19) of the United States Housing Act of
1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available,
notwithstanding section 203 (competition provision) of
this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of
Veterans Affairs, based on geographical need for such
assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as
specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in
consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or
regulation that the Secretary of Housing and Urban
Development administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary
for the effective delivery and administration of such
voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over:
Provided further, That of the total amount made
available under this paragraph, up to $10,000,000 may
be for additional fees established by and allocated
pursuant to a method determined by the Secretary for
administrative and other expenses (including those
eligible activities defined by notice to facilitate
leasing, such as security deposit assistance and costs
related to the retention and support of participating
owners) of public housing agencies in administering
HUD-VASH vouchers;
(7) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of
the Act: Provided, That the amounts made available
under this paragraph are provided as follows:
(A) $5,000,000 shall be available for new
incremental voucher assistance: Provided, That
the assistance made available under this
subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $25,000,000 shall be available for new
incremental voucher assistance to assist
eligible youth as defined by such section
8(x)(2)(B) of the Act: Provided, That
assistance made available under this
subparagraph shall continue to remain available
for such eligible youth upon turnover: Provided
further, That of the total amount made
available under this subparagraph, up to
$15,000,000 shall be available on a
noncompetitive basis to public housing agencies
that partner with public child welfare agencies
to identify such eligible youth, that request
such assistance to timely assist such eligible
youth, and that meet any other criteria as
specified by the Secretary: Provided further,
That the Secretary shall review utilization of
the assistance made available under the
preceding proviso, at an interval to be
determined by the Secretary, and unutilized
voucher assistance that is no longer needed
shall be recaptured by the Secretary and
reallocated pursuant to the preceding proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a
prior Act under the family unification program, or made
available and competitively selected under this
paragraph, that determines that it no longer has an
identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary
shall recapture such assistance from the agency and
reallocate it to any other public housing agency or
agencies based on need for voucher assistance in
connection with such specified program or eligible
youth, as applicable;
(8) $50,000,000 shall be available for new
incremental voucher assistance under section 8(o) of
the Act to be allocated pursuant to a method, as
determined by the Secretary, which may include a
formula that may include such factors as severe cost
burden, overcrowding, substandard housing for very low-
income renters, homelessness, and administrative
capacity, where such allocation method shall include
both rural and urban areas: Provided, That the
Secretary may specify additional terms and conditions
to ensure that public housing agencies provide vouchers
for use by survivors of domestic violence, or
individuals and families who are homeless, as defined
in section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), or at risk of
homelessness, as defined in section 401(1) of such Act
(42 U.S.C. 11360(1)); and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'' and the heading ``Project-
Based Rental Assistance'', for fiscal year 2023 and prior years
may be used for renewal of or amendments to section 8 project-
based contracts and for performance-based contract
administrators, notwithstanding the purposes for which such
funds were appropriated: Provided, That any obligated balances
of contract authority from fiscal year 1974 and prior fiscal
years that have been terminated shall be rescinded: Provided
further, That amounts heretofore recaptured, or recaptured
during the current fiscal year, from section 8 project-based
contracts from source years fiscal year 1975 through fiscal
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts
otherwise available.
public housing fund
For 2023 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C. 1437g(d)),
$8,514,000,000, to remain available until September 30, 2026:
Provided, That of the sums appropriated under this heading--
(1) $5,109,000,000 shall be available for the
Secretary to allocate pursuant to the Operating Fund
formula at part 990 of title 24, Code of Federal
Regulations, for 2023 payments;
(2) $25,000,000 shall be available for the Secretary
to allocate pursuant to a need-based application
process notwithstanding section 203 of this title and
not subject to such Operating Fund formula to public
housing agencies that experience, or are at risk of,
financial shortfalls, as determined by the Secretary:
Provided, That after all such shortfall needs are met,
the Secretary may distribute any remaining funds to all
public housing agencies on a pro-rata basis pursuant to
such Operating Fund formula;
(3) $3,200,000,000 shall be available for the
Secretary to allocate pursuant to the Capital Fund
formula at section 905.400 of title 24, Code of Federal
Regulations: Provided, That for funds provided under
this paragraph, the limitation in section 9(g)(1) of
the Act shall be 25 percent: Provided further, That the
Secretary may waive the limitation in the preceding
proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the
Act: Provided further, That the Secretary shall notify
public housing agencies requesting waivers under the
preceding proviso if the request is approved or denied
within 14 days of submitting the request: Provided
further, That from the funds made available under this
paragraph, the Secretary shall provide bonus awards in
fiscal year 2023 to public housing agencies that are
designated high performers: Provided further, That the
Department shall notify public housing agencies of
their formula allocation within 60 days of enactment of
this Act;
(4) $50,000,000 shall be available for the Secretary
to make grants, notwithstanding section 203 of this
title, to public housing agencies for emergency capital
needs, including safety and security measures necessary
to address crime and drug-related activity, as well as
needs resulting from unforeseen or unpreventable
emergencies and natural disasters excluding
Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief
and Emergency Act (42 U.S.C. 5121 et seq.) occurring in
fiscal year 2023, of which $20,000,000 shall be
available for public housing agencies under
administrative and judicial receiverships or under the
control of a Federal monitor: Provided, That of the
amount made available under this paragraph, not less
than $10,000,000 shall be for safety and security
measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and
security measures, any amounts that remain available,
after all applications received on or before September
30, 2024, for emergency capital needs have been
processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $65,000,000 shall be available for competitive
grants to public housing agencies to evaluate and
reduce residential health hazards in public housing,
including lead-based paint (by carrying out the
activities of risk assessments, abatement, and interim
controls, as those terms are defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold,
radon, and fire safety: Provided, That not less than
$25,000,000 of the amounts provided under this
paragraph shall be awarded for evaluating and reducing
lead-based paint hazards: Provided further, That for
purposes of environmental review, a grant under this
paragraph shall be considered funds for projects or
activities under title I of the Act for purposes of
section 26 of the Act (42 U.S.C. 1437x) and shall be
subject to the regulations implementing such section:
Provided further, That amounts made available under
this paragraph shall be combined with amounts made
available under the sixth paragraph under this heading
in the Consolidated Appropriations Act, 2021 (Public
Law 116-260) and shall be used in accordance with the
purposes and requirements under this paragraph;
(6) $15,000,000 shall be available to support the
costs of administrative and judicial receiverships and
for competitive grants to PHAs in receivership,
designated troubled or substandard, or otherwise at
risk, as determined by the Secretary, for costs
associated with public housing asset improvement, in
addition to other amounts for that purpose provided
under any heading under this title; and
(7) $50,000,000 shall be available to support ongoing
public housing financial and physical assessment
activities:
Provided further, That notwithstanding any other provision of
law or regulation, during fiscal year 2023, the Secretary of
Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) of the Act regarding the
extension of the time periods under such section: Provided
further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts
are subject to a binding agreement that will result in outlays,
immediately or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States Housing
Act of 1937 (42 U.S.C. 1437v) unless otherwise specified under
this heading), for transformation, rehabilitation, and
replacement housing needs of both public and HUD-assisted
housing and to transform neighborhoods of poverty into
functioning, sustainable, mixed-income neighborhoods with
appropriate services, schools, public assets, transportation,
and access to jobs, $350,000,000, to remain available until
September 30, 2027: Provided, That grant funds may be used for
resident and community services, community development, and
affordable housing needs in the community, and for conversion
of vacant or foreclosed properties to affordable housing:
Provided further, That not more than 20 percent of the amount
of any grant made with amounts made available under this
heading may be used for necessary supportive services
notwithstanding subsection (d)(1)(L) of such section 24:
Provided further, That the use of amounts made available under
this heading shall not be deemed to be for public housing,
notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20
years: Provided further, That grantees shall provide a match in
State, local, other Federal, or private funds: Provided
further, That grantees may include local governments, Tribal
entities, public housing agencies, and nonprofit organizations:
Provided further, That for-profit developers may apply jointly
with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amounts made available under this
heading, not less than $175,000,000 shall be awarded to public
housing agencies: Provided further, That such grantees shall
create partnerships with other local organizations, including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That not
more than $10,000,000 of the amounts made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from amounts made available under the
heading ``Revitalization of Severely Distressed Public Housing
(HOPE VI)'' in fiscal year 2011 and prior fiscal years may be
used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated: Provided
further, That the Secretary shall make grant awards not later
than 1 year after the date of enactment of this Act in such
amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until
September 30, 2023, obligate any available unobligated balances
made available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2026,
$175,000,000: Provided, That of the sums appropriated under
this heading--
(1) $125,000,000 shall be available for the Family
Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United
States Housing Act of 1937 (42 U.S.C. 1437u), to
promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9
of such Act with public and private resources, and
enable eligible families to achieve economic
independence and self-sufficiency;
(2) $35,000,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and
congregate services as authorized by section 34 of the
United States Housing Act of 1937 (42 U.S.C. 1437z-6)
and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.):
Provided, That amounts made available under this
paragraph may be used to renew Resident Opportunity and
Self-Sufficiency program grants to allow the public
housing agency, or a new owner, to continue to serve
(or restart service to) residents of a project with
assistance converted from public housing to project-
based rental assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or
assistance under section 8(o)(13) of such Act under the
heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as
amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph
shall be available for competitive grants to
partnerships between public housing authorities, local
workforce investment boards established under section
107 of the Workforce Innovation and Opportunity Act of
2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public
housing residents obtain employment and increase
earnings: Provided further, That applicants must
demonstrate the ability to provide services to
residents, partner with workforce investment boards,
and leverage service dollars: Provided further, That
the Secretary may allow public housing agencies to
request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United
States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as
necessary to implement the Jobs-Plus program, on such
terms and conditions as the Secretary may approve upon
a finding by the Secretary that any such waivers or
alternative requirements are necessary for the
effective implementation of the Jobs-Plus Initiative as
a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the
Federal Register any waivers or alternative
requirements pursuant to the preceding proviso no later
than 10 days before the effective date of such notice.
native american programs
(including rescission)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.),
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) with respect to Indian tribes, and
related training and technical assistance, $1,020,000,000, to
remain available until September 30, 2027: Provided, That of
the sums appropriated under this heading--
(1) $787,000,000 shall be available for the Native
American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That,
notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based
on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater
of the two resulting allocation amounts: Provided
further, That the Secretary shall notify grantees of
their formula allocation not later than 60 days after
the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive
grants under the Native American Housing Block Grants
program, as authorized under title I of NAHASDA:
Provided, That the Secretary shall obligate such amount
for competitive grants to eligible recipients
authorized under NAHASDA that apply for funds: Provided
further, That in awarding amounts made available in
this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation
of housing: Provided further, That a grant funded
pursuant to this paragraph shall be in an amount not
greater than $7,500,000: Provided further, That any
amounts transferred for the necessary costs of
administering and overseeing the obligation and
expenditure of such additional amounts in prior Acts
may also be used for the necessary costs of
administering and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided, That such costs,
including the cost of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this
and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including
recaptures and carryover, shall be available to
subsidize the total principal amount of any notes and
other obligations, any part of which is to be
guaranteed, not to exceed $50,000,000, to remain
available until September 30, 2024: Provided further,
That any remaining loan guarantee limitation authorized
for this program in fiscal year 2020 or prior fiscal
years is hereby rescinded;
(4) $75,000,000 shall be available for grants to
Indian tribes for carrying out the Indian Community
Development Block Grant program under title I of the
Housing and Community Development Act of 1974,
notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law
(including section 203 of this Act), not more than
$5,000,000 may be used for emergencies that constitute
imminent threats to health and safety: Provided, That
not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration;
and
(5) $7,000,000, in addition to amounts otherwise
available for such purpose, shall be available for
providing training and technical assistance to Indian
tribes, Indian housing authorities, and tribally
designated housing entities, to support the inspection
of Indian housing units, for contract expertise, and
for training and technical assistance related to
amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the
amounts made available in this paragraph, not less than
$2,000,000 shall be for a national organization as
authorized under section 703 of NAHASDA (25 U.S.C.
4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States
Code (commonly known as the Federal Grant and
Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the
Secretary to enter into cooperative agreements with
public and private organizations, agencies,
institutions, and other technical assistance providers
to support the administration of negotiated rulemaking
under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section
302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407
of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
(including rescission)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,521,000, 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 (2 U.S.C. 661a): Provided
further, That amounts made available in this and prior Acts for
the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a), that are unobligated, including recaptures and
carryover, shall be available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$1,400,000,000, to remain available until September 30, 2024:
Provided further, That any remaining loan guarantee limitation
authorized under this heading in fiscal year 2020 or prior
fiscal years is hereby rescinded: Provided further, That any
amounts determined by the Secretary to be unavailable are
hereby returned to the General Fund of the Treasury.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $22,300,000, to remain available until September 30,
2027: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest grant
amounts made available under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the Hawaiian
Home Lands, notwithstanding any other provision of law:
Provided further, That up to $1,000,000 of the amounts made
available under this heading shall be for training and
technical assistance related to amounts made available under
this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), any part of which is to be guaranteed, shall
not exceed $28,000,000 in total loan principal, to remain
available until September 30, 2024: Provided, That the
Secretary may enter into commitments to guarantee loans used
for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $499,000,000, to remain available
until September 30, 2024, except that amounts allocated
pursuant to section 854(c)(5) of such Act shall remain
available until September 30, 2025: Provided, That the
Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees of
their formula allocation within 60 days of enactment of this
Act.
community development fund
For assistance to States and units of general local
government, and other entities, for economic and community
development activities, and other purposes, $6,397,285,641, to
remain available until September 30, 2026: Provided, That of
the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying
out the community development block grant program under
title I of the Housing and Community Development Act of
1974, as amended (42 U.S.C. 5301 et seq.) (in this
heading ``the Act''): Provided, That not to exceed 20
percent of any grant made with funds made available
under this paragraph shall be expended for planning and
management development and administration: Provided
further, That a metropolitan city, urban county, unit
of general local government, or insular area that
directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer
all or any portion of such funds to another such entity
in exchange for any other funds, credits, or non-
Federal considerations, but shall use such funds for
activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this paragraph may
be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless
such project has been evaluated and selected in
accordance with guidelines required under subsection
(e)(2) of section 105;
(2) $85,000,000 shall be available for the Secretary
to award grants on a competitive basis to State and
local governments, metropolitan planning organizations,
and multijurisdictional entities for additional
activities under title I of the Act for the
identification and removal of barriers to affordable
housing production and preservation: Provided, That
eligible uses of such grants include activities to
further develop, evaluate, and implement housing policy
plans, improve housing strategies, and facilitate
affordable housing production and preservation:
Provided further, That the Secretary shall prioritize
applicants that are able to (A) demonstrate progress
and a commitment to overcoming local barriers to
facilitate the increase in affordable housing
production and preservation; and (B) demonstrate an
acute demand for housing affordable to households with
incomes below 100 percent of the area median income:
Provided further, That funds allocated for such grants
shall not adversely affect the amount of any formula
assistance received by a jurisdiction under paragraph
(1) of this heading: Provided further, That in
administering such amounts the Secretary may waive or
specify alternative requirements for any provision of
such title I except for requirements related to fair
housing, nondiscrimination, labor standards, the
environment, and requirements that activities benefit
persons of low- and moderate-income, upon a finding
that any such waivers or alternative requirements are
necessary to expedite or facilitate the use of such
amounts;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for
Patients and Communities Act (Public Law 115-271):
Provided, That funds allocated pursuant to this
paragraph shall not adversely affect the amount of any
formula assistance received by a State under paragraph
(1) of this heading: Provided further, That the
Secretary shall allocate the funds for such activities
based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that
the formula shall use age-adjusted rates of drug
overdose deaths for 2020 based on data from the Centers
for Disease Control and Prevention; and
(4) $2,982,285,641 shall be available for grants for
the Economic Development Initiative (EDI) for the
purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in
the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That eligible expenses of such grants may
include administrative, planning, operations and
maintenance, and other costs: Provided further, That
such grants for the EDI shall be available for
reimbursement of otherwise eligible expenses incurred
on or after the date of enactment of this Act and prior
to the date of grant execution: Provided further, That
none of the amounts made available under this paragraph
for grants for the EDI shall be used for reimbursement
of expenses incurred prior to the date of enactment of
this Act: Provided further, That grants for the EDI
authorized under this heading in the Department of
Housing and Urban Development Appropriations Act, 2022
(Public Law 117-103) shall also be available for
reimbursement of otherwise eligible expenses (including
those eligible expenses identified in the first proviso
of this paragraph) incurred on or after the date of
enactment of such Act and prior to the date of grant
execution, and shall not be subject to the second
proviso under such heading in such Act:
Provided further, That for amounts made available under
paragraphs (1) and (3), the Secretary shall notify grantees of
their formula allocation within 60 days of enactment of this
Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2023, commitments to
guarantee loans under section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such section
108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974: Provided further, That such commitment authority
funded by fees may be used to guarantee, or make commitments to
guarantee, notes or other obligations issued by any State on
behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or
commitment under the preceding proviso shall distribute all
funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the
commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,500,000,000, to remain available until September 30, 2026:
Provided, That notwithstanding section 231(b) of such Act (42
U.S.C. 12771(b)), all unobligated balances remaining from
amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made
available under this heading and allocated in accordance with
the formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations within 60 days
after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in any calendar year from 2016 through 2025 under that
section: Provided further, That section 231(b) of such Act (42
U.S.C. 12771(b)) shall not apply to any uninvested funds that
otherwise were deducted or would be deducted from the line of
credit in the participating jurisdiction's HOME Investment
Trust Fund in any calendar year from 2018 through 2025 under
that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize
manufactured housing and eligible manufactured housing
communities (including pre-1976 mobile homes) under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.), $225,000,000, to remain available
until September 30, 2027: Provided, That recipients of grants
provided with amounts made available under this heading shall
be States, units of general local government, resident-owned
manufactured housing communities, cooperatives, nonprofit
entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes (as such term
is defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4103)), or other entities approved by the Secretary:
Provided further, That the Secretary may reserve an amount for
Indian Tribes within such competition: Provided further, That
the Secretary may approve entities for selection that partner
with one or several residents of such eligible communities or
that propose to implement a grant program that would assist
residents of such eligible communities: Provided further, That
eligible uses of such grants may include infrastructure,
planning, resident and community services (including relocation
assistance and eviction prevention), resiliency activities, and
providing other assistance to residents or owners of
manufactured homes, which may include providing assistance for
manufactured housing land and site acquisition: Provided
further, That, except as determined by the Secretary,
participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners,
or communities: Provided further, That when selecting
recipients, the Secretary shall prioritize applications that
primarily benefit low- or moderately low-income residents and
preserve long-term housing affordability for residents of
manufactured housing or a manufactured housing community:
Provided further, That eligible manufactured housing
communities may include those that are--
(1) owned by the residents of the manufactured
housing community through a resident-controlled entity,
as defined by the Secretary; or
(2) determined by the Secretary to be subject to
binding agreements that will preserve the community and
maintain affordability on a long-term basis:
Provided further, That, of the amounts made available under
this heading, $25,000,000 shall be for a pilot program for the
Secretary to provide grants to assist in the redevelopment of
manufactured housing communities (including pre-1976 mobile
homes) as replacement housing that is affordable, as defined by
the Secretary: Provided further, That each such redevelopment
project shall provide, for each unit of single-family
manufactured housing (including pre-1976 mobile homes) replaced
under the project, up to 4 dwelling units of such affordable
housing: Provided further, That the Secretary shall define
eligible activities for grant assistance under the pilot
program, which may include relocation assistance or buy-outs
for residents of a manufactured housing community or
downpayment assistance for such residents: Provided further,
That the Secretary shall require each grantee under the pilot
program to supplement the amount of the grant with non-Federal
amounts exceeding 50 percent of the grant: Provided further,
That resiliency activities means the reconstruction, repair, or
replacement of manufactured housing and manufactured housing
communities to protect the health and safety of manufactured
housing residents and to address weatherization and energy
efficiency needs, except that for pre-1976 mobile homes, funds
made available under this heading may be used only for
replacement: Provided further, That the Secretary may waive or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
heading (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding that such waiver or alternative requirement is
necessary to facilitate the use of such amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), and for related activities and assistance, $62,500,000,
to remain available until September 30, 2025: Provided, That of
the sums appropriated under this heading--
(1) $13,500,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under
such section 11;
(2) $42,000,000 shall be available for the second,
third, and fourth capacity building entities specified
in section 4(a) of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be for rural capacity building
activities: Provided, That for purposes of awarding
grants from amounts made available in this paragraph,
the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations;
(3) $6,000,000 shall be available for capacity
building by national rural housing organizations having
experience assessing national rural conditions and
providing financing, training, technical assistance,
information, and research to local nonprofit
organizations, local governments, and Indian Tribes
serving high need rural communities; and
(4) $1,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-
income veterans, as authorized under section 1079 of
the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (38
U.S.C. 2101 note): Provided, That the issuance of a
Notice of Funding Opportunity for the amounts made
available in this paragraph shall be completed not
later than 120 days after enactment of this Act and
such amounts shall be awarded not later than 180 days
after such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related
activities and assistance, $3,633,000,000, to remain available
until September 30, 2025: Provided, That of the sums
appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of
such title IV (42 U.S.C. 11371 et seq.): Provided, That
the Department shall notify grantees of their formula
allocation from amounts allocated (which may represent
initial or final amounts allocated) for the Emergency
Solutions Grant program not later than 60 days after
enactment of this Act;
(2) $3,154,000,000 shall be available for the
Continuum of Care program authorized under subtitle C
of such title IV (42 U.S.C. 11381 et seq.) and the
Rural Housing Stability Assistance programs authorized
under subtitle D of such title IV (42 U.S.C. 11408):
Provided, That the Secretary shall prioritize funding
under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate
funding from lower performing projects to higher
performing projects: Provided further, That the
Secretary shall provide incentives to create projects
that coordinate with housing providers and healthcare
organizations to provide permanent supportive housing
and rapid re-housing services: Provided further, That
the Secretary may establish by notice an alternative
maximum amount for administrative costs related to the
requirements described in sections 402(f)(1) and
402(f)(2) of subtitle A of such title IV or no more
than 5 percent or $50,000, whichever is greater,
notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That
of the amounts made available for the Continuum of Care
program under this paragraph, not less than $52,000,000
shall be for grants for new rapid re-housing projects
and supportive service projects providing coordinated
entry, and for eligible activities that the Secretary
determines to be critical in order to assist survivors
of domestic violence, dating violence, sexual assault,
or stalking: Provided further, That amounts made
available for the Continuum of Care program under this
paragraph and any remaining unobligated balances under
this heading in prior Acts may be used to competitively
or non-competitively renew or replace grants for youth
homeless demonstration projects under the Continuum of
Care program, notwithstanding any conflict with the
requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national
homeless data analysis project: Provided, That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-
6308), the amounts made available under this paragraph
and any remaining unobligated balances under this
heading for such purposes in prior Acts may be used by
the Secretary to enter into cooperative agreements with
such entities as may be determined by the Secretary,
including public and private organizations, agencies,
and institutions;
(4) $107,000,000 shall be available to implement
projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25
communities with a priority for communities with
substantial rural populations in up to eight locations,
can dramatically reduce youth homelessness: Provided,
That of the amount made available under this paragraph,
not less than $25,000,000 shall be for youth
homelessness system improvement grants to support
communities, including but not limited to the
communities assisted under the matter preceding this
proviso, in establishing and implementing a response
system for youth homelessness, or for improving their
existing system: Provided further, That of the amount
made available under this paragraph, up to $10,000,000
shall be to provide technical assistance to
communities, including but not limited to the
communities assisted in the preceding proviso and the
matter preceding such proviso, on improving system
responses to youth homelessness, and collection,
analysis, use, and reporting of data and performance
measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with
other technical assistance funds provided under this
title: Provided further, That the Secretary may use up
to 10 percent of the amount made available under the
preceding proviso to build the capacity of current
technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth
experiencing homelessness; and
(5) $75,000,000 shall be available for one-time
awards under the Continuum of Care program for new
construction, acquisition, or rehabilitation of new
permanent supportive housing, of which not more than 20
percent of such awards may be used for other Continuum
of Care eligible activities associated with such
projects and not more than 10 percent of such awards
may be used for project administration: Provided, That
these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the
Secretary, including incentives to establish projects
that coordinate with housing providers, healthcare
organizations and social service providers: Provided
further, That not less than $30,000,000 shall be
awarded to applicants for projects within States with
populations less than 2,500,000, except that if such
amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for projects in any
State: Provided further, That the grants for ongoing
costs associated with such projects shall be eligible
for renewal under the Continuum of Care program subject
to the same terms and conditions as other renewal
applicants:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide
third party documentation to establish their eligibility under
subsection (a) or (b) of section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302) to receive services:
Provided further, That unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in
unsafe situations may be served by youth-serving providers
funded under this heading: Provided further, That persons
eligible under section 103(a)(5) of the McKinney-Vento Homeless
Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-
housing: Provided further, That for all matching funds
requirements applicable to funds made available under this
heading for this fiscal year and prior fiscal years, a grantee
may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available
to provide funding for new projects, except for projects
created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they improve
the continuum of care's system performance: Provided further,
That any unobligated amounts remaining from funds made
available under this heading in fiscal year 2012 and prior
years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes
under this heading, notwithstanding the purposes for which such
funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from
funds transferred to or appropriated under this heading in
fiscal year 2019 or prior years, except for rental assistance
amounts that were recaptured and made available until expended,
shall be available for the current purposes authorized under
this heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $13,537,580,000, to remain available until
expended, shall be available on October 1, 2022 (in addition to
the $400,000,000 previously appropriated under this heading
that became available October 1, 2022), and $400,000,000, to
remain available until expended, shall be available on October
1, 2023: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership
Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded
under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $343,000,000 shall
be available for performance-based contract administrators for
section 8 project-based assistance, for carrying out 42 U.S.C.
1437(f): Provided further, That the Secretary may also use such
amounts in the preceding proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing Act
(12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s); section 236(f)(2) rental assistance payments
(12 U.S.C. 1715z-1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided
further, That amounts recaptured under this heading, the
heading ``Annual Contributions for Assisted Housing'', or the
heading ``Housing Certificate Fund'', may be used for renewals
of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated: Provided
further, That, notwithstanding any other provision of law, upon
the request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section
8 project-based Housing Assistance Payments contract that
authorizes the Department or a housing finance agency to
require that surplus project funds be deposited in an interest-
bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to
the Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the preceding proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as authorized
by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for
supportive services associated with the housing, $1,075,000,000
to remain available until September 30, 2026: Provided, That of
the amount made available under this heading, up to
$120,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further, That
any funding for existing service coordinators under the
preceding proviso shall be provided within 120 days of
enactment of this Act: Provided further, That amounts made
available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That
the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon request
of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 202
project rental assistance contract, and that upon termination
of such contract are in excess of an amount to be determined by
the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September
30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available,
in addition to the amounts otherwise provided by this heading,
for the purposes authorized under this heading: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated
under this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided
further, That of the total amount made available under this
heading, up to $25,000,000 shall be used to expand the supply
of intergenerational dwelling units (as such term is defined in
section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note))
for elderly caregivers raising children: Provided further, That
for the purposes of the preceding proviso the Secretary may
waive, or specify alternative requirements for, any provision
of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) in
order to facilitate the development of such units, except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment: Provided further, That of the
total amount made available under this heading, up to
$6,000,000 shall be used by the Secretary to support
preservation transactions of housing for the elderly originally
developed with a capital advance and assisted by a project
rental assistance contract under the provisions of section
202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons
with disabilities under section 811(d)(2) of such Act, for
project assistance contracts pursuant to subsection (h) of
section 202 of the Housing Act of 1959, as added by section
205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments
to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 5-year term, for
project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Affordable Housing
Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section
811(b)(1) of such Act, $360,000,000, to remain available until
September 30, 2026: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated
with section 811 projects: Provided further, That, upon the
request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a section
811 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2026: Provided further, That amounts
deposited in this account pursuant to the preceding proviso
shall be available in addition to the amounts otherwise
provided by this heading for the purposes authorized under this
heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to
or appropriated under this heading shall be used for the
current purposes authorized under this heading in addition to
the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended, $57,500,000, to remain
available until September 30, 2024, including up to $4,500,000
for administrative contract services: Provided, That funds
shall be used for providing counseling and advice to tenants
and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and
such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing
counselor training: Provided further, That for purposes of
awarding grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be derived
from the Manufactured Housing Fees Trust Fund (established
under section 620(e) of such Act (42 U.S.C. 5419(e)): Provided,
That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund
pursuant to section 620 of such Act: Provided further, That the
amount made available under this heading from the general fund
shall be reduced as such collections are received during fiscal
year 2023 so as to result in a final fiscal year 2023
appropriation from the general fund estimated at zero, and fees
pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2023 appropriation: Provided
further, That for the dispute resolution and installation
programs, the Secretary may assess and collect fees from any
program participant: Provided further, That such collections
shall be deposited into the Trust Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary expenses
of such Act: Provided further, That, notwithstanding the
requirements of section 620 of such Act, the Secretary may
carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2024:
Provided, That during fiscal year 2023, obligations to make
direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $1,000,000:
Provided further, That the foregoing amount in the preceding
proviso shall be for loans to nonprofit and governmental
entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under
the Mutual Mortgage Insurance Fund: Provided further, That for
administrative contract expenses of the Federal Housing
Administration, $150,000,000, to remain available until
September 30, 2024: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2023, an additional $1,400 for administrative
contract expenses shall be available for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the
first sentence of section 255(g) of the National Housing Act
(12 U.S.C. 1715z-20(g)), during fiscal year 2023 the Secretary
may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance does
not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General
and Special Risk Insurance Funds, as authorized by sections 238
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), shall not exceed $35,000,000,000 in total loan
principal, any part of which is to be guaranteed, to remain
available until September 30, 2024: Provided, That during
fiscal year 2023, gross obligations for the principal amount of
direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed
$1,000,000, which shall be for loans to nonprofit and
governmental entities in connection with the sale of single
family real properties owned by the Secretary and formerly
insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $900,000,000,000, to remain
available until September 30, 2024: Provided, That $40,400,000,
to remain available until September 30, 2024, shall be for
necessary salaries and expenses of the Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or
before April 1, 2023, an additional $100 for necessary salaries
and expenses shall be available until expended for each
$1,000,000 in additional guaranteed loan commitments (including
a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed
$3,000,000: Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the National
Housing Act (12 U.S.C. 1716 et seq.) shall be credited as
offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems,
not otherwise provided for, as authorized by title V of the
Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 et
seq.), including carrying out the functions of the Secretary of
Housing and Urban Development under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, and for technical
assistance, $125,400,000, to remain available until September
30, 2024: Provided, That with respect to amounts made available
under this heading, notwithstanding section 203 of this title,
the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally
designated housing entities, or colleges or universities for
research projects: Provided further, That with respect to the
preceding proviso, such partners to the cooperative agreements
shall contribute at least a 50 percent match toward the cost of
the project: Provided further, That for non-competitive
agreements entered into in accordance with the preceding two
provisos, the Secretary shall comply with section 2(b) of the
Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided further,
That prior to obligation of technical assistance funding, the
Secretary shall submit a plan to the House and Senate
Committees on Appropriations on how the Secretary will allocate
funding for this activity at least 30 days prior to obligation:
Provided further, That none of the funds provided under this
heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional
$20,000,000, to remain available until September 30, 2025,
shall be for competitive grants to nonprofit or governmental
entities to provide legal assistance (including assistance
related to pretrial activities, trial activities, post-trial
activities and alternative dispute resolution) at no cost to
eligible low-income tenants at risk of or subject to eviction:
Provided further, That in awarding grants under the preceding
proviso, the Secretary shall give preference to applicants that
include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal
assistance to low-income individuals, including those with
limited English proficiency or disabilities, and have
sufficient capacity to administer such assistance: Provided
further, That the Secretary shall ensure, to the extent
practicable, that the proportion of eligible tenants living in
rural areas who will receive legal assistance with grant funds
made available under this heading is not less than the overall
proportion of eligible tenants who live in rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $86,355,000, to remain available until September 30,
2024: Provided, That notwithstanding section 3302 of title 31,
United States Code, the Secretary may assess and collect fees
to cover the costs of the Fair Housing Training Academy, and
may use such funds to develop on-line courses and provide such
training: Provided further, That none of the funds made
available under this heading may be used to lobby the executive
or legislative branches of the Federal Government in connection
with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $1,355,000
shall be available to the Secretary for the creation and
promotion of translated materials and other programs that
support the assistance of persons with limited English
proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852), the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 and 1701z-2),
and for related activities and assistance, $410,000,000, to
remain available until September 30, 2025: Provided, That the
amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants
pursuant to such section 1011, of which not less than
$95,000,000 shall be provided to areas with the highest
lead-based paint abatement needs;
(2) $85,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the
Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration
efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related
diseases and hazards, and mitigating housing-related
health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the
implementation of projects in up to five
communities that are served by both the Healthy
Homes Initiative and the Department of Energy
weatherization programs to demonstrate whether
the coordination of Healthy Homes remediation
activities with weatherization activities
achieves cost savings and better outcomes in
improving the safety and quality of homes; and
(B) $30,000,000 shall be for grants to
experienced non-profit organizations, States,
local governments, or public housing agencies
for safety and functional home modification
repairs and renovations to meet the needs of
low-income seniors to enable them to remain in
their primary residence: Provided, That of the
total amount made available under this
subparagraph no less than $10,000,000 shall be
available to meet such needs in communities
with substantial rural populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and
1052 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4854, 4854a);
(4) Up to $2,000,000 in total of the amounts made
available under paragraphs (2) and (3) may be
transferred to the heading ``Research and Technology''
for the purposes of conducting research and studies and
for use in accordance with the provisos under that
heading for non-competitive agreements;
(5) $25,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct
lead hazard screenings or lead-risk assessments during
housing quality standards inspections of units in which
a family receiving assistance under section 8(o) of the
U.S. Housing Act of 1937 (42 U.S.C. 1437f(o)) resides
or expects to reside, and has or expects to have a
child under age 6 residing in the unit, while
preserving rental housing availability and
affordability; and
(6) $5,000,000 shall be for grants for a radon
testing and mitigation safety demonstration program
(the radon demonstration) in public housing: Provided,
That the testing method, mitigation method, or action
level used under the radon demonstration shall be as
specified by applicable State or local law, if such law
is more protective of human health or the environment
than the method or level specified by the Secretary:
Provided further, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program, or other
demonstrations or programs under this heading or under prior
appropriations Acts for such purposes under this heading, or
under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That each applicant for a grant or
cooperative agreement under this heading shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available
under this heading, except for amounts in paragraph (2)(B) for
home modification repairs and renovations, in this or prior
appropriations Acts, still remaining available, may be used for
any purpose under this heading notwithstanding the purpose for
which such amounts were appropriated if a program competition
is undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information
technology systems and infrastructure, $374,750,000, to remain
available until September 30, 2025, of which up to $23,950,000
shall be for development, modernization, and enhancement
projects, including planning for such projects: Provided, That
not more than 10 percent of the funds made available under this
heading for development, modernization, and enhancement may be
obligated until the Secretary submits and the House and Senate
Committees on Appropriations approve a plan that--
(1) identifies for each development, modernization,
and enhancement project to be funded from available
balances, including carryover--
(A) plain language summaries of the project
scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance
capabilities to be delivered and the mission
benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the
project end date, including any identified
system decommissioning;
(D) a description of the procurement strategy
and governance structure for the project and
the number of HUD staff and contractors
supporting the project; and
(E) certification from the Chief Information
Officer that each project is compliant with the
Department's enterprise architecture, life-
cycle management and capital planning and
investment control requirements:
Provided further, That not later than 30 days after the end of
each quarter, the Secretary shall submit an updated report to
the Committees on Appropriations of the House of
Representatives and the Senate summarizing the status, cost and
plan for all modernization projects; and for each major
modernization project with an approved project plan,
identifying--
(1) results and actual expenditures of the prior
quarter;
(2) any variances in cost, schedule (including
procurement), or functionality from the previously
approved project plan, reasons for such variances and
estimated impact on total life-cycle costs; and
(3) risks and mitigation strategies associated with
ongoing work.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act of
1978, as amended, $146,000,000: Provided, That the Inspector
General shall have independent authority over all personnel
issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437f
note) shall be rescinded or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or
local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for
which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or
cash recaptured and not rescinded or remitted to the Treasury
to provide project owners with incentives to refinance their
project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2023 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of the
Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act,
as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any appropriation
for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of
amounts set forth in the budget estimates submitted to
Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2023 for
such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments only
to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for
in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each
program and activity within the jurisdiction of the Department
and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. None of the funds made available by this title may
be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for fiscal
years 2023 and 2024, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-
based assistance, debt held or insured by the Secretary and
statutorily required low-income and very low-income use
restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing
project or projects.
(b) Phased Transfers.--Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or
constructing the project or projects to which the assistance is
transferred, to ensure that such project or projects meet the
standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring
project: The number of low-income and very low-
income units and the configuration (i.e.,
bedroom size) provided by the transferring
project shall be no less than when transferred
to the receiving project or projects and the
net dollar amount of Federal assistance
provided to the transferring project shall
remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a
reduction in the number of dwelling units in
the receiving project or projects to allow for
a reconfiguration of bedroom sizes to meet
current market demands, as determined by the
Secretary and provided there is no increase in
the project-based assistance budget authority.
(2) The transferring project shall, as determined by
the Secretary, be either physically obsolete or
economically nonviable, or be reasonably expected to
become economically nonviable when complying with State
or Federal requirements for community integration and
reduced concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or
exceed applicable physical standards established by the
Secretary.
(4) The owner or mortgagor of the transferring
project shall notify and consult with the tenants
residing in the transferring project and provide a
certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who
remain eligible for assistance to be provided by the
receiving project or projects shall not be required to
vacate their units in the transferring project or
projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in
the best interest of the tenants.
(7) If either the transferring project or the
receiving project or projects meets the condition
specified in subsection (d)(2)(A), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the
Secretary may waive this requirement upon determination
that such a waiver is necessary to facilitate the
financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the
requirements of subsection (d)(2), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions.
(9) The transfer does not increase the cost (as
defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a)) of any FHA-insured mortgage,
except to the extent that appropriations are provided
in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income''
shall have the meanings provided by the statute and/or
regulations governing the program under which the
project is insured or assisted;
(2) the term ``multifamily housing project'' means
housing that meets one of the following conditions--
(A) housing that is subject to a mortgage
insured under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects
undergoing mark to market debt restructuring
under the Multifamily Assisted Housing Reform
and Affordability Housing Act;
(C) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(D) housing that is assisted under section
202 of the Housing Act of 1959 (12 U.S.C.
1701q), as such section existed before the
enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section
811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013); or
(F) housing or vacant land that is subject to
a use agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to
assistance provided under section 8(b)(2) of
such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section
101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section
236 and/or additional assistance payments under
section 236(f)(2) of the National Housing Act
(12 U.S.C. 1715z-1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means
the multifamily housing project or projects to which
some or all of the project-based assistance, debt, and
statutorily required low-income and very low-income use
restrictions are to be transferred;
(5) the term ``transferring project'' means the
multifamily housing project which is transferring some
or all of the project-based assistance, debt, and the
statutorily required low-income and very low-income use
restrictions to the receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of
Housing and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial conditions,
and long-term preservation of the affected properties.
Sec. 210. (a) No assistance shall be provided under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of
higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term
is defined in section 3(b)(3)(E) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was
not receiving assistance under such section 8 as of
November 30, 2005;
(7) is not a youth who left foster care at age 14 or
older and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has
parents who, individually or jointly, are not eligible,
to receive assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance
(in excess of amounts received for tuition and any other
required fees and charges) that an individual receives under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or from an institution of higher education (as
defined under section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (2) of such
heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2023, in managing and disposing of any multifamily
property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, and during the process of
foreclosure on any property with a contract for rental
assistance payments under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance
payments under section 8 of the United States Housing Act of
1937 and other programs that are attached to any dwelling units
in the property. To the extent the Secretary determines, in
consultation with the tenants and the local government that
such a multifamily property owned or having a mortgage held by
the Secretary is not feasible for continued rental assistance
payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (in this section ``MAHRAA'') (42 U.S.C. 1437f note), and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to foreclosure,
subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to
health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy under
the operating fund formula shall not be exempt from asset
management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937
(42 U.S.C. 1437g(d),(e)), the Secretary shall not impose any
requirement or guideline relating to asset management that
restricts or limits in any way the use of capital funds for
central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under paragraph (1) or (2) of section
9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National Mortgage
Association--Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account'', and ``Office of Inspector
General'' within the Department of Housing and Urban
Development.
Sec. 216. The Secretary shall, for fiscal year 2023, notify
the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding opportunity
(NOFO) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2023, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ``Administrative Support
Offices'' or ``Program Offices'' to any other such office under
such headings: Provided, That no appropriation for any such
office under such headings shall be increased or decreased by
more than 10 percent or $5,000,000, whichever is less, without
prior written approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary shall
provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10
percent or $5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary conditions,
as determined by the Secretary, and comply with any standards
under applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any property
covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a contract under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) or a
contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 59 or less; or
(2) fails to certify in writing to the Secretary
within 3 days that all Exigent Health and Safety
deficiencies identified by the inspector at the project
have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), but
shall not apply to such units assisted under section 8(o)(13)
of such Act (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the Notice
of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project
management with a management agent approved by the
Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by
the Secretary, with priority given to the tenants of
the property affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner,
approved by the Secretary under established procedures,
who will be obligated to promptly make all required
repairs and to accept renewal of the assistance
contract if such renewal is offered;
(E) transfer the existing section 8 contract to
another project or projects and owner or owners;
(F) pursue exclusionary sanctions, including
suspensions or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage
the property and cure all project deficiencies or seek
a judicial order of specific performance requiring the
owner to cure all project deficiencies;
(H) work with the owner, lender, or other related
party to stabilize the property in an attempt to
preserve the property through compliance, transfer of
ownership, or an infusion of capital provided by a
third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist relocation
of tenants for major threats to health and safety after written
notice to the affected tenants. To the extent the Secretary
determines, in consultation with the tenants and the local
government, that the property is not feasible for continued
rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the
property and all available Federal, State, and local
resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied
in a cost-effective fashion, the Secretary may contract
for project-based rental assistance payments with an
owner or owners of other existing housing properties,
or provide other rental assistance.
(e) The Secretary shall report semi-annually on all
properties covered by this section that are assessed through
the Real Estate Assessment Center and have UPCS physical
inspection scores of less than 60 or have received an
unsatisfactory management and occupancy review within the past
36 months. The report shall include--
(1) identification of the enforcement actions being
taken to address such conditions, including imposition
of civil money penalties and termination of subsidies,
and identification of properties that have such
conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect
tenants of such identified properties; and
(3) any administrative or legislative recommendations
to further improve the living conditions at properties
covered under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be submitted
within 180 days of the transmittal of the first report.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program) and
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), may be used by any public housing agency for any
amount of salary, including bonuses, for the chief executive
officer of which, or any other official or employee of which,
that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time
during any public housing agency fiscal year 2023.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may
be used to make a grant award unless the Secretary notifies the
House and Senate Committees on Appropriations not less than 3
full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices: Provided, That such notification
shall list each grant award by State and congressional
district.
Sec. 222. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Association, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been
subject to eminent domain condemnation or seizure, by a State,
municipality, or any other political subdivision of a State.
Sec. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5302)) with respect to grants under section 106 of such Act (42
U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of
the Department of Housing and Urban Development and functions
thereof, for research, evaluation, or statistical purposes, and
that are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that
fiscal year or the subsequent fiscal year for the research,
evaluation, or statistical purposes for which the amounts are
made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to the
effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2023 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of grant
recipients may count toward meeting the recipient's matching
requirements, provided the costs are eligible CoC costs that
supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the Secretary
may award 1-year transition grants to recipients of funds for
activities under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) to transition from one
Continuum of Care program component to another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum of
care and meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 229. None of the amounts made available in this Act may
be used to consider Family Self-Sufficiency performance
measures or performance scores in determining funding awards
for programs receiving Family Self-Sufficiency program
coordinator funding provided in this Act.
Sec. 230. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of Public
Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon
such designation, use funds (except for special purpose
funding, including special purpose vouchers) previously
allocated to any such public housing agency under section 8 or
9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held
by the Department of Housing and Urban Development, pursuant to
the authority for use of section 8 or 9 funding provided under
such section and section 204 of title II of the Departments of
Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-
134; 110 Stat. 1321-28), notwithstanding the purposes for which
such funds were appropriated.
Sec. 231. None of the amounts made available by this Act may
be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such funds
to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 232. None of the funds made available by this title may
be used to issue rules or guidance in contravention of section
1210 of Public Law 115-254 (132 Stat. 3442) or section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155).
Sec. 233. Funds previously made available in the
Consolidated Appropriations Act, 2016 (Public Law 114-113) for
the ``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2018 are to remain available
through fiscal year 2024 for the liquidation of valid
obligations incurred in fiscal years 2016 through 2018.
Sec. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 235. For fiscal year 2023, if the Secretary determines
or has determined, for any prior formula grant allocation
administered by the Secretary through the Offices of Public and
Indian Housing, Community Planning and Development, or Housing,
that a recipient received an allocation greater than the amount
such recipient should have received for a formula allocation
cycle pursuant to applicable statutes and regulations, the
Secretary may adjust for any such funding error in the next
applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula
allocation in the next applicable formula allocation cycle) by
the amount of any such funding error, and (b) reallocating any
available balances that are attributable to the offset to the
recipient or recipients that would have been allocated
additional funds in the formula allocation cycle in which any
such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable
formula allocation cycle) in an amount proportionate to such
recipient's eligibility under the next applicable formula
allocation cycle: Provided, That all offsets and reallocations
from such available balances shall be recorded against funds
available for the next applicable formula allocation cycle:
Provided further, That the term ``next applicable formula
allocation cycle'' means the first formula allocation cycle for
a program that is reasonably available for correction following
such a Secretarial determination: Provided further, That if,
upon request by a recipient and giving consideration to all
Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula
grant, the Secretary may adjust for the funding error across
two or more formula allocation cycles.
Sec. 236. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(a) in section 515, by adding at the end the following new
subsection:
``(d) Rent Adjustments and Subsequent Renewals.--After the
initial renewal of a section 8 contract pursuant to this
section and notwithstanding any other provision of law or
contract regarding the adjustment of rents or subsequent
renewal of such contract for a project, including such a
provision in section 514 or this section, in the case of a
project subject to any restrictions imposed pursuant to
sections 514 or this section, the Secretary may, not more often
than once every 10 years, adjust such rents or renew such
contracts at rent levels that are equal to the lesser of
budget-based rents or comparable market rents for the market
area upon the request of an owner or purchaser who--
``(1) demonstrates that--
``(A) project income is insufficient to
operate and maintain the project, and no
rehabilitation is currently needed, as
determined by the Secretary; or
``(B) the rent adjustment or renewal contract
is necessary to support commercially reasonable
financing (including any required debt service
coverage and replacement reserve) for
rehabilitation necessary to ensure the long-
term sustainability of the project, as
determined by the Secretary, and in the event
the owner or purchaser fails to implement the
rehabilitation as required by the Secretary,
the Secretary may take such action against the
owner or purchaser as allowed by law; and
``(2) agrees to--
``(A) extend the affordability and use
restrictions required under 514(e)(6) for an
additional twenty years; and
``(B) enter into a binding commitment to
continue to renew such contract for and during
such extended term, provided that after the
affordability and use restrictions required
under 514(e)(6) have been maintained for a term
of 30 years:
``(i) an owner with a contract for
which rent levels were set at the time
of its initial renewal under section
514(g)(2) shall request that the
Secretary renew such contract under
section 524 for and during such
extended term; and
``(ii) an owner with a contract for
which rent levels were set at the time
of its initial renewal under section
514(g)(1) may request that the
Secretary renew such contract under
section 524 for and during such
extended term.''; and
(b) in section 579, by striking ``October 1, 2022'' each
place it appears and inserting in lieu thereof ``October 1,
2027''.
Sec. 237. The Secretary may transfer from amounts made
available for salaries and expenses under this title (excluding
amounts made available under the heading ``Office of Inspector
General'') up to $500,000 from each office to the heading
``Information Technology Fund'' for information technology
needs, including for additional development, modernization, and
enhancement, to remain available until September 30, 2025:
Provided, That the total amount of such transfers shall not
exceed $5,000,000: Provided further, That this transfer
authority shall not be used to fund information technology
projects or activities that have known out-year development,
modernization, or enhancement costs in excess of $500,000:
Provided further, That the Secretary shall provide notification
to the House and Senate Committees on Appropriations no less
than three business days in advance of any such transfer.
Sec. 238. Funds previously made available in the
Consolidated Appropriations Act, 2019 (Public Law 116-6) for
``Lead Hazard Reduction'' that were available for obligation
through fiscal year 2020 are to remain available through fiscal
year 2027 for the liquidation of valid obligations incurred in
fiscal years 2019 through 2020.
Sec. 239. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking
to revise any annual contributions contract.
Sec. 240. None of the funds appropriated or otherwise made
available in this or prior Acts may be used by the Department
to carry out customer experience activities within the Office
of the Assistant Chief Financial Officer for Budget.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,850,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds
received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 46107), 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; and uniforms or allowances
therefore, as authorized by sections 5901 and 5902 of title 5,
United States Code, $38,260,000, of which $2,000,000 shall
remain available until September 30, 2024: Provided, That not
to exceed $3,500 shall be for official reception and
representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the
provisions of the Inspector General Act of 1978 (5 U.S.C. App.
3), $27,935,000: Provided, That the Inspector General shall
have all necessary authority, in carrying out the duties
specified in such Act, to investigate allegations of fraud,
including false statements to the Government under section 1001
of title 18, United States Code, by any person or entity that
is subject to regulation by the National Railroad Passenger
Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and
with private persons, subject to the applicable laws and
regulations that govern the obtaining of such services within
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out the
functions, powers, and duties of the Office of Inspector
General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year
2024, the Inspector General shall submit to the House and
Senate Committees on Appropriations a budget request for fiscal
year 2024 in similar format and substance to budget requests
submitted by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as 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 a GS-15; uniforms, or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code, $129,300,000, of which not to
exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made
available to the National Transportation Safety Board in this
Act include amounts necessary to make lease payments on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for
use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-
8107), $166,000,000: Provided, That an additional $4,000,000,
to remain available until September 30, 2026, shall be for the
promotion and development of shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $41,429,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface Transportation
Board shall be credited to this appropriation as offsetting
collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made
available 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, to result in
a final appropriation from the general fund estimated at not
more than $40,179,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States Code,
of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended, $4,000,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. 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. 402. 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, unless
expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a 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. 404. (a) None of the funds made available in this 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. 405. 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 either the House or Senate Committees on
Appropriations 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, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on
Appropriations or the table accompanying the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act),
whichever is more detailed, unless prior approval is
received from the House and Senate Committees on
Appropriations:
Provided, 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
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include--
(A) a table for each appropriation with a
separate column 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;
(B) 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,
the table accompanying the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act),
accompanying reports of the House and Senate
Committee on Appropriations, or in the budget
appendix for the respective appropriations,
whichever is more detailed, and shall apply to
all items for which a dollar amount is
specified and to all programs for which new
budget (obligational) authority is provided, as
well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. 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 House and Senate
Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public
use shall not be construed to include economic development that
primarily benefits private entities: Provided further, That any
use of funds for mass transit, railroad, airport, seaport or
highway projects, as well as utility projects which benefit or
serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-
utility functions that serve the general public and are subject
to regulation and oversight by the government, and projects for
the removal of an immediate threat to public health and safety
or brownfields as defined in the Small Business Liability
Relief and Brownfields Revitalization Act (Public Law 107-118)
shall be considered a public use for purposes of eminent
domain.
Sec. 408. 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. 409. 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 sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. 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 the Buy American Act (41
U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention
of sections 301-10.122 and 301-10.123 of title 41, Code of
Federal Regulations.
Sec. 412. 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 of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That 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.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United States
Code.
Sec. 414. (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. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede 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.
(b) 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.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise 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 unless
such awards or incentive fees are consistent with 16.401(e)(2)
of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by an
employee who has left to enter the Armed Forces of the United
States and has satisfactorily completed his or her period of
active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his or her former
position and has been certified by the Office of Personnel
Management as still qualified to perform the duties of his or
her former position and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with the
U.S.-E.U.-Iceland-Norway Air Transport Agreement and United
States law.
Sec. 419. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
Sec. 420. (a) Funds previously made available in chapter 9 of
title X of the Disaster Relief Appropriations Act, 2013 (Public
Law 113-2, division A; 127 Stat. 36) under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' that
were available for obligation through fiscal year 2017 are to
remain available until expended for the liquidation of valid
obligations incurred in fiscal years 2013 through 2017.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the
budget are designated 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.
Sec. 421. In the table of projects in the explanatory
statement referenced in section 417 of the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2022 (division L of Public Law 117-103)--
(1) the item relating to ``Greensboro Judy Center
Early Learning Hub Facility'' is deemed to be amended
by striking ``Greensboro Judy Center Early Learning Hub
Facility'' and inserting ``Building maintenance for
Greensboro Judy Center Early Learning Hub Facility'';
(2) the item relating to ``Constructing commercial
kitchen to increase access to healthy food'' is deemed
to be amended by striking recipient ``Cross Street
Partners'' and inserting ``The Good Stuff'';
(3) the item relating to ``Covenant House PA
Transition Housing'' is deemed to be amended by
striking recipient ``Covenant House Pennsylvania'' and
inserting ``Covenant House Pennsylvania Under 21'';
(4) the item relating to ``Long Island Greenway'' is
deemed to be amended by striking ``Long Island
Greenway'' and inserting ``For the planning and design
of the Long Island Greenway'';
(5) the item relating to ``Acquisition of property
for permanent Veterans' homeless shelter'' is deemed to
be amended by striking ``Acquisition of property for
permanent Veterans' homeless shelter'' and inserting
``Acquisition or rehabilitation of property for
permanent veterans' homeless shelter'';
(6) the item relating to ``Gourdy Ampitheater
Project'' is deemed to be amended by striking ``Gourdy
Ampitheater Project'' and inserting ``Goudy Park'';
(7) the item relating to ``Community Bike Works:
Easton'' is deemed to be amended by striking ``Easton''
and inserting ``Easton and Allentown'';
(8) the item relating to ``Barrington Town Offices
and Emergency Operations Center Construction'' is
deemed to be amended by striking ``Barrington Town
Offices and Emergency Operations Center Construction''
and inserting ``For activities of the Town of
Barrington'';
(9) the item relating to ``Holladay Community Center
Public Facility'' is deemed to be amended by striking
recipient ``Housing Authority of Salt Lake City
(HASLC)'' and inserting ``Salt Lake County'';
(10) the item relating to ``Somersworth Fire Training
Tower'' is deemed to be amended by striking ``Tower''
and inserting ``and Equipment'';
(11) the item relating to ``Generator and structure
to house generator for Guma Esperansa'' is deemed to be
amended by striking ``Generator and structure to house
generator for Guma Esperansa'' and inserting ``For the
installation and ongoing maintenance of the generator
and its structure at Guma Esperansa'';
(12) the item relating to ``Facility Improvements''
is deemed to be amended by striking recipient
``Sterling House Community Center Inc.'' and inserting
``Town of Stratford'';
(13) the item relating to ``Stateline Boys & Girls
Club--Beloit, WI Facility Construction'' is deemed to
be amended by striking ``Facility Construction'';
(14) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is
deemed to be amended by striking recipient ``Will
County Development Corporation'' and inserting ``Will
County Housing Development Corporation'';
(15) the item relating to ``Bluefield Historic
District Restoration'' is deemed to be amended by
striking ``Historic District''; and
(16) the item relating to ``Port of West Virginia
Railroad Bridge Improvements'' is deemed to be amended
by striking ``Bridge''.
Sec. 422. None of the funds made available to the Department
of Housing and Urban Development in this or prior Acts may be
used to issue a solicitation or accept bids on any solicitation
that is substantially equivalent to the draft solicitation
entitled ``Housing Assistance Payments (HAP) Contract Support
Services (HAPSS)'' posted to www.Sam.gov on July 27, 2022.
Sec. 423. Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 109
Stat. 598; 133 Stat. 3018) is amended by striking the seventh,
eighth, and ninth sentences.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2023''.
[Clerk's note.--Reproduced below is the material relating
to division L 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 S9325 of
Book III.
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DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 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 117-402
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 where the
House has directed the submission of a report, such report is
to be submitted to both the House and Senate Committees on
Appropriations. The Department of Transportation [DOT] and the
Department of Housing and Urban Development [HUD] are directed
to notify the House and Senate Committees on Appropriations
seven days prior to the announcement of a new program,
initiative, or authority. Any reprogramming requests must be
submitted to the Committees on Appropriations no later than
June 30, 2023.
For fiscal year 2023, the terms ``program, project, and
activity'' [PPA] shall mean any item for which a dollar amount
is contained in this act, House Report 117-402, or this joint
explanatory statement. The table in the operating plan required
by House Report 117-402 shall apply to all items for which a
dollar amount is specified and to all programs for which new
budget (obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations.
CONGRESSIONAL BUDGET JUSTIFICATIONS
The agreement directs each agency to include within its
budget justification a report on all efforts made to address
the programmatic duplication identified by the annual
Government Accountability Office [GAO] reports along with legal
barriers preventing the agency's ability to further reduce
duplication and legislative recommendations, if applicable.
TRANSPARENCY REQUIREMENT
The agreement directs the Secretary of Transportation to
follow recommendations suggested by the GAO in the GAO-19-541
report and issue a department-wide directive to promote
transparency and fairness by establishing uniform procedures to
be followed by the DOT in reviewing and selecting discretionary
grants. The Secretary shall report to the House and Senate
Committees on Appropriations within 90 days of the enactment of
this act.
The agreement directs the agencies in this act to state
within the text, audio, or video used for new advertising
purposes, including advertising/posting on the Internet, that
the advertisements are printed, published, or produced and
disseminated at U.S. taxpayer expense, with exemptions for
safety or conflicts with the agency's ability to carry out
their statutory authority.
The agreement directs agencies to collect data on what
information Federal grant recipients currently include in the
public documents announcing the grant award to determine
whether recipients of funding in this act could comply with the
Stevens amendment (section 505 of title V, division H of Public
Law 115-141) without unreasonable burden.
AUDIT STANDARDS
For all contract actions, including awards, renewals, and
amendments, Departments and agencies provided funding in this
act shall require any accounting firm providing financial
auditing or audit remediation services to provide a statement
setting forth the details of any disciplinary proceedings
occurring within 1 year of the projected performance period
related to noncompliance with rules or laws applying to audit
services.
DATA ACT COMPLIANCE
The agreement expects agencies to prioritize the submission
of timely, accurate, quality, and complete financial and award
information under existing U.S. Treasury reporting obligations
in accordance with established management guidance, reporting
processes, and data standards established under the
requirements of the Digital Accountability and Transparency Act
(Public Law 113-101).
FEDERALLY FUNDED RESEARCH
The agreement urges the Departments funded under this
division to affirmatively determine and make available on a
publicly accessible website a justification that Federally
funded research grants or agreements promote the progress of
science in the United States or will advance a national
security or economic interest.
HUMAN TRAFFICKING
The agreement encourages the DOT to continue efforts to
combat human trafficking through the transportation leaders
against human trafficking initiative and the blue lightning
initiative. The agreement encourages prioritizing grants from
the Federal Transit Administration's [FTA] 5307 program and the
Federal Aviation Administration's [FAA] airport improvement
program to transit providers and airport sponsors serving areas
with high rates of human trafficking. In addition, the DOT
should also encourage use of best practices and recommendations
from the DOT advisory committee on human trafficking.
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
The bill provides $171,014,000 for the salaries and
expenses of the Office of the Secretary [OST].
The agreement directs the Department to abide by both the
will and intent of Congress in all funding and policy
decisions, and to consult with the House and Senate Committees
on Appropriations prior to issuing all notices of funding
opportunities [NOFO].
Local hiring.--The agreement encourages the Department to
update its guidance on local hiring flexibility to allow local
hiring preferences on projects funded by the Infrastructure
Investment and Jobs Act [IIJA] to the extent permissible under
section 25019 of Public Law 117-58.
Freight.--The agreement reminds the Department to provide
the report required in fiscal year 2021 regarding potential
options for modifying existing transportation programs to allow
improvements to inland waterways to the House and Senate
Committees on Appropriations, the House Committee on
Transportation and Infrastructure, and the Senate Committee on
Commerce, Science, and Transportation within 30 days of
enactment of this act.
Permit streamlining.--The agreement encourages the
Secretary to coordinate with project sponsors to use
interactive and digital platforms where possible in meeting
environmental review and community engagement requirements
under the National Environmental Policy Act. The Secretary is
directed to brief the House and Senate Committees on
Appropriations within 180 days of enactment of this act on its
efforts to implement the IIJA and metrics needed to make the
permitting process more effective, efficient, and transparent,
including its efforts to reduce paperwork, improve efficiencies
across modes, reduce timelines for completing environmental
review, and determine whether digital platforms facilitate
transparency and reduce the time needed to complete project
permitting.
Consumer protections.--The agreement includes an increase
of $1,000,000 above the request for the Department's Office of
Aviation Consumer Protection to increase efforts to protect
aviation consumers from deceptive practices.
Office of the Under Secretary of Transportation for
Policy.--The agreement supports an additional position in the
Office of International Aviation for transportation economic
research and sufficient resources to fill the long-term
vacancies in the Policy and Aviation and International Affairs
offices and in support of the regional transportation attaches.
The agreement does not include additional staffing for the
launch of a national equity accelerator and instead provides
funding to facilitate further technical assistance efforts
within the National Surface Transportation and Innovation
Finance Bureau.
Office of the Assistant Secretary for Budget and
Programs.--The recommended level for the Office of the
Assistant Secretary for Budget and Programs is $21,026,000 for
adjustments to base and seven additional positions.
Office of the Assistant Secretary for Governmental
Affairs.--The recommended level for the Office of the Assistant
Secretary for Governmental Affairs is $3,968,000 to accommodate
adjustments to base and two additional positions.
Office of the Assistant Secretary for Administration.--The
recommended level for the Office of the Assistant Secretary for
Administration is $41,399,000 in order to accommodate
adjustments to base, contract support as requested, and the
presidential management fellows internship program as
requested. The recommended level provides sufficient resources
for an additional nine positions for Departmental oversight and
accountability responsibilities, human resources, single audit
liaisons, grants and financial assistance, contracting and
acquisitions, and environmental sustainability to meet the new
requirements of the Energy Act of 2020.
Office of Public Affairs and Public Engagement.--The
recommended level for the Office of Public Affairs and Public
Engagement is $5,727,000 in order to accommodate adjustments to
base and five additional positions, of which three are for
public affairs and two are for public engagement.
Office of the Chief Information Officer.--The recommended
level for the Office of the Chief Information Officer is
$29,195,000 to accommodate adjustments to base and the request
for electronic records management.
RESEARCH AND TECHNOLOGY
The bill provides $48,996,000 for research and technology,
of which $37,542,000 shall remain available until expended. Of
the total amount, the agreement provides the following levels
for specific activities:
------------------------------------------------------------------------
------------------------------------------------------------------------
Highly automated systems safety center of excellence.... $5,000,000
Advanced research projects agency--infrastructure....... 3,224,000
Position and navigation timing.......................... 15,000,000
Interdisciplinary transportation law and policy......... 600,000
Executive order 13905 implementation and signal 5,000,000
authentication.........................................
Transportation vulnerability and resiliency data program 3,000,000
------------------------------------------------------------------------
Advanced research projects agency--infrastructure [ARP A-I]
research plan.--The agreement requires the Department within
120 days from the date of enactment of this act to complete the
staffing plan and outline of planned research as directed in
House Report 117-402.
Position navigation and timing [PNT] technologies and
global positioning system [GPS] backup.--Building on the
$15,000,000 provided in fiscal year 2022, the agreement
provides another $15,000,000 in fiscal year 2023 to enable the
Secretary to support the GPS backup/complementary PNT
technologies program, which will allow for the wide adoption of
multiple technologies that provide the necessary GPS backup and
complementary PNT as identified in 2021 in the ``Complementary
PNT and GPS Backup Technologies Demonstration Report'' (DOT-
VNTSC-20-07). The agreement expects the Department to report
its findings and recommendations enabling GPS backup to the
House and Senate Committees on Appropriations within 1 year of
enactment of this act.
Resiliency.--The agreement directs the Department to expand
its technical assistance and trainings to help state DOTs,
local governments, and Tribal governments develop reliable
indicators of vulnerability and actionable mitigation measures
in all phases of transportation planning, asset management,
project-specific planning and development, and operations
toward improving resiliency and reducing lifecycle costs. The
agreement also directs the Department to prioritize research
and demonstrations of new and proven technologies that could
make infrastructure systems more resilient and to share such
technologies with other state and Federal partners as
appropriate.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $800,000,000 for local and regional
project assistance grants as authorized under 49 U.S.C. 6702,
to remain available until expended. Of this amount, not less
than $20,000,000 is for projects in historically disadvantaged
communities or areas of persistent poverty and not less than
five percent is for planning grants. Consistent with 49 U.S.C.
6702, not more than 50 percent of the funding shall be
allocated to projects in rural and urbanized areas,
respectively, and the Secretary may increase the Federal cost-
share above 80 percent for projects in rural areas,
historically disadvantaged communities, or areas of persistent
poverty. The bill directs the Secretary to take such measures
to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of rural and urban
communities, including Tribal areas, and the investment in a
variety of transportation modes. Further, the bill requires the
Secretary to consider and award projects solely based upon the
selection criteria in 49 U.S.C. 6702(d)(3) and (d)(4). The
agreement reiterates to the Department and potential applicants
that this competitive grant program supports a broad variety of
transportation projects, including highway, bridge, or road
projects; public transportation projects; passenger and freight
rail projects, including high speed passenger rail; port
infrastructure improvement projects; intermodal projects,
including commercial, transit, and intermodal parking garages;
bicycle and pedestrian projects; multimodal infrastructure
projects; and infrastructure reuse projects. The agreement also
reminds the Department that projects that alleviate blocked
highway-rail grade crossings are eligible for funding under
this heading.
Mega grants.--When awarding advance appropriations funds
for the mega grants program, the agreement encourages the
Secretary to consider mega grant applications that include the
development of coastal and inland ports in order to facilitate
an efficient supply chain.
THRIVING COMMUNITIES INITIATIVE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $25,000,000 for a thriving communities
program, to remain available until September 30, 2025.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The bill provides $8,850,000 for the National Surface
Transportation and Innovative Finance Bureau, to remain
available until expended.
Selection process for INFRA grants.--The agreement directs
the Department to continue to advance recommendations in the
GAO reports entitled ``Discretionary Transportation Grants: DOT
Should Take Actions to Improve the Selection of Freight and
Highway Projects'' [GAO-18-38] and ``Discretionary
Transportation Grants: DOT Should Clarify Application
Requirements and Oversight Activities'' [GAO-22-104532] and
further clarify application requirements.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The bill authorizes the Secretary to issue direct loans and
loan guarantees pursuant to chapter 224 of title 49, United
States Code.
FINANCIAL MANAGEMENT CAPITAL
The bill provides $5,000,000 for the financial management
capital program, to remain available until September 30, 2024.
CYBER SECURITY INITIATIVES
The bill provides $48,100,000 for departmental cyber
security initiatives, to remain available until September 30,
2024.
OFFICE OF CIVIL RIGHTS
The bill provides $14,800,000 for the Office of Civil
Rights. The agreement specifies that amounts provided above the
fiscal year 2022 enacted level are to accommodate adjustments
to base.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $36,543,000 for planning, research, and
development activities, to remain available until expended. Of
this amount, $5,436,000 is for the interagency infrastructure
permitting improvement center and $12,914,000 is for the
purposes and amounts specified in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in this joint explanatory statement. Further, the
agreement directs that the specific funding allocated in the
table entitled ``Community Project Funding/Congressionally
Directed Spending'' included in this joint explanatory
statement shall not diminish or prejudice any application or
geographic region to receive other discretionary grants or
loans.
Autonomous vehicle research in rural communities.--The
agreement directs the Department to provide another $15,000,000
to continue this research from the unobligated balances
remaining from the funds provided for the highly automated
vehicle research and development program under the heading
``Department of Transportation-Federal Motor Carrier Safety
Administration-Motor Carrier Safety Grants'' in division L of
the Consolidated Appropriations Act, 2018.
Concrete research.--The agreement includes $5,000,000 for
an accredited research university of higher education, in
partnership with a producer of steel in the United States, to
conduct research on the properties of steel slag materials for
use in cement and concrete, furthering previous research under
the Federal Highway Administration's [FHWA] highway research
and development.
Non-traditional emerging technologies council [NETT].--The
agreement encourages the NETT to develop and establish
Department-wide processes, solutions, and best practices for
identifying and managing non-traditional and emerging
transportation technologies and projects, and to provide
assistance to local and state governments for non-traditional
emerging technologies.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The bill limits expenditures for working capital fund
activities to $505,285,000.
The limitation allows the Department to complete the
migration of commodity information technology [IT] to the
working capital fund. Permission to expand activities to human
capital and non-commodity IT activities is denied.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The bill provides $5,132,000 for small and disadvantaged
business utilization and outreach, to remain available until
September 30, 2024.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The act provides $354,827,000 for payments to air carriers,
to remain available until expended, and continues to waive
certain eligibility requirements.
GAO report.--The agreement directs the GAO to provide a
report on the current state of commercial air service to small
airports, including the impact of COVID-19 and COVID-19-related
financial assistance programs enacted by Congress. The report
shall include any recommendations to Congress and the DOT that
would help maintain or increase commercial air service to small
communities.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations, except for activities underway on
the date of enactment of this act, unless such assessments or
agreements have completed the normal reprogramming process for
congressional notification.
Section 102 requires the Secretary of Transportation to
post on the Internet a schedule of all council on credit and
finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation's
working capital fund to provide payments in advance to vendors
for the Federal transit pass fringe benefit program, and to
provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Section 104 allows the Department of Transportation's
working capital fund to use certain recoveries from the transit
benefit program to improve the administration of that program.
Section 105 requires approval from the Assistant Secretary
for Administration for retention or senior executive bonuses
for all DOT employees.
Section 106 requires the Department of Transportation's
working capital fund to transfer equipment into the working
capital fund and collect replacement reserve for the equipment
equal to the useful life and estimated replacement cost of such
equipment.
Section 107 requires congressional notification before the
Department of Transportation provides credit assistance under
the transportation infrastructure finance and innovation act
[TIFIA] program.
Section 108 provides $4,500,000 for expenses related to the
building replacement of the Volpe national transportation
systems center.
Section 109 extends the liquidation of valid obligations
for one fiscal year for amounts made available for the national
infrastructure investments program in Public Law 117-180.
Section 109A allows the Secretary to transfer funds
appropriated for administrative expenses in this act and in
Public Law 117-103 to the account identified in section 801 of
division J of Public Law 117-58 for the national infrastructure
investments.
Section 109B makes funds available to bring certain
projects to completion.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $11,915,000,000 for the operations
of the Federal Aviation Administration [FAA], to remain
available until September 30, 2024. Of the total amount
provided, $9,993,821,000 is to be derived from the airport and
airway trust fund. The act distributes funds by budget
activity. The agreement does not include the realignment
included in the budget request. The FAA is directed to include
in its fiscal year 2023 operating plan and fiscal year 2024
budget request any carryover and how it plans to use these
unobligated balances.
The agreement continues to direct the FAA to report
immediately to the House and Senate Committees on
Appropriations in the event resources are insufficient to
operate a safe and effective air traffic control system, and
appreciates the FAA's efforts to inform the committees of
additional funding needs in fiscal year 2023 for controller
hiring and training. The FAA has had to reduce its hiring
targets for air traffic controllers [ATCs] in fiscal years 2021
and 2022 due to COVID-19, and staffing levels in certain high
demand facilities remain a challenge. Funding from previous
fiscal years intended for hiring new ATCs was redirected to
personal safety supplies and necessary COVID-19 cleanings, in
order to protect the workforce, as well as for additional costs
associated with COVID-19 related leave. As a result, the
agreement allows the FAA to increase the number of new air
traffic controllers by up to 480 above the levels included in
the 2022-2031 ATC controller workforce plan [CWP]. The FAA may
use air traffic organization [ATO] contract savings and
reductions in discretionary adjustments from the President's
budget request that are not referenced elsewhere in this joint
explanatory statement to pay for this increased controller
staffing level. Funding is also included in the facilities and
equipment account for increased air traffic simulator training.
As a condition of this increase, the FAA is directed to
brief the House and Senate Committees on Appropriations on a
quarterly basis on: (1) the status of hiring for all new
controllers funded in this bill; (2) actual staffing levels,
including hiring and separation levels, at all ATC facilities;
and (3) flight delays at each ATC facility by category. The FAA
is also working through the collaborative resource workgroup
[CRWG] to improve the process for determining controller
staffing targets that may be included in the annual CWP. All
relevant stakeholders, as determined by the Secretary, should
be a part of the overall process.
The FAA is reminded that the annual CWP serves as the basis
of the House and Senate Committees on Appropriations' funding
recommendations every year, should reflect the Administration's
budget request, and should be submitted solely by the
Administrator of the FAA. For the 2023-2032 CWP, the FAA shall
provide both total and facility specific data based on the
current staffing standard and may include additional data from
the CRWG process for comparative purposes. The 2023-2032 CWP
should also include end of fiscal year 2022 counts of certified
professional controllers [CPC], CPCs in training, and
developmental controllers by facility. The agreement directs
the FAA to brief the House and Senate Committees on
Appropriations on the methods used to determine the controller
staffing targets for the 2023-2032 CWP upon its submission. The
FAA is also directed to update the House and Senate Committees
on Appropriations within 30 days of enactment of this act on
the open recommendations from the Office of Inspector General's
reports AV2019013 and AV2021035.
Advanced air mobility [AAM].--The agreement recognizes the
FAA's ongoing work on AAM and encourages the FAA to provide a
transparent framework and requirements to stakeholders for the
safe use of AAM in the future. The agreement further recognizes
that the FAA has committed to completing the proposed special
Federal aviation requirement which will enable commercial
operations and pilot licensing in a manner by December 31,
2024.
Air traffic control privatization.--The agreement does not
support any efforts to transfer the FAA's air traffic functions
to a not-for-profit, independent, private corporation.
Aircraft Certification, Safety, and Accountability Act
[ACSAA].--The FAA is directed to provide all reports and
briefings that are mandated by ACSAA to the House and Senate
Committees on Appropriations. The agreement directs the FAA to
notify the House and Senate Committees on Appropriations of any
significant difference identified by the GAO report GAO-22-
104480 between the U.S. and the European Union in approving new
designs of commercial transport airplanes that warrant changes
to the FAA's processes.
Aircraft certification.--The agreement provides not less
than $320,457,000 for aircraft certification service, and the
FAA may use these funds to ensure the certification and safety
of products and technologies that could reduce noise and
emissions worldwide. The agreement expects the FAA to continue
its efforts on training safety oversight personnel involved in
the certification process through opportunities for knowledge-
sharing, including demonstration projects, between the FAA and
industry, and access to the FAA training for the FAA employees
and other individuals performing oversight work on behalf of
the agency.
Commercial space operations.--The agreement includes
$37,854,000, an increase of $5,384,000 above the fiscal year
2022 enacted level, and includes up to 40 new positions for
launch and reentry licensing activities and human spaceflight
activities. The agreement directs the FAA to report within 90
days of enactment of this act to the House and Senate
Committees on Appropriations on its efforts to integrate
commercial space operations into the national airspace system
[NAS], data on delays to commercial airline flights resulting
from commercial space operations, and an evaluation of the
impact of commercial space operations on the environment and
communities.
Community engagement and noise.--The agreement includes the
requested increase of $1,308,000 and four new positions for
community engagement to address aviation noise issues,
including funding for technical and analytical support services
to help address noise issues for communities that may not have
such expertise themselves. The FAA should place retiring air
traffic controllers in positions that can provide the necessary
technical expertise to noise impacted communities.
Contract towers.--The agreement provides not less than
$187,800,000 for the contract tower program, and directs the
FAA to continue to operate all contract towers currently in the
program and to expeditiously add qualified eligible airports.
The agreement also directs the FAA to provide flexibility to
contract towers at small-hub airports with unique terrain and
winter weather challenges so that each contract tower includes
a minimum of two controllers during all regularly scheduled
commercial flights, where permissible under current law.
Contracting.--The agreement urges the FAA to close all open
recommendations from the Office of Inspector General report
ZA2020020 and directs the FAA to brief the House and Senate
Committees on Appropriations on any open recommendations from
the Office of the Inspector General report ZA2017098.
Cybersecurity.--The agreement includes the requested
increase of $24,926,000 and 26 new positions for cybersecurity.
FAA public hearing.--The agreement notes that the recent
proposal to modify the condor 1 and condor 2 military operating
areas has been withdrawn. However, the agreement remains
concerned with any potential proposals to modify these military
operating areas and encourages the FAA to work with its partner
agencies by holding a public hearing with representatives from
the relevant Federal agencies in western Maine if any such
proposal is issued. Should any similar proposal be issued, the
agreement directs the FAA to report to the House and Senate
Committees on Appropriations prior to the issuance of a record
of decision regarding any modification of the condor 1 and
condor 2 military operations areas that includes a summary of
any public meetings and hearings and a list of the comments,
questions, and responses presented at these meetings and
hearings.
Helicopter safety.--The FAA is expected to respond to and
address all National Transportation Safety Board [NTSB]
recommendations from the final report on the December 26, 2019
air tour helicopter crash in Kekaha, Hawaii. The FAA is also
strongly urged to develop a cue-based training program for
commercial air tour pilots in Hawaii that specifically
addresses hazardous aspects of local weather phenomena and
inflight decision-making.
The agreement also continues to provide $5,000,000 for
efforts to improve helicopter safety and directs the FAA to
brief the House and Senate Committees on Appropriations within
120 days of enactment of this act on an execution strategy,
including program structure, phased plan, schedule with
milestones, deliverables, and barriers to completion.
Infill radar.--The agreement directs the FAA to provide a
briefing the House and Senate Committees on Appropriations on
efforts to certify infill radar for use in the NAS to mitigate
wind farm interference on the North American aerospace defense
command's radars and the FAA ATC radars as soon as possible.
Mitigating radar gaps for high-traffic airports.--The FAA
shall brief the House and Senate Committees on Appropriations
on the feasibility and challenges of increasing staffing and/or
providing terminal radar approach control facility services at
airports in the mountain west where fire management air traffic
contributes to airspace congestion and where inadequate radar
coverage is limiting airport capacity for commercial, military,
and fire management air traffic.
Radio altimeters and 5G.--The FAA is directed to
immediately notify Congress of any anticipated disruptions to
the aviation system due to further implementation of 5G and to
continue its collaboration with other Federal agencies and
industry stakeholders to mitigate disruptions caused by the 5G
rollout in order to maintain a safe and efficient national
airspace as additional telecommunications companies deploy 5G.
These efforts should be achieved in a mutually beneficial and
reasonable timeline that accounts for unpredictable
contingencies.
The agreement directs the FAA to continue altimeter
research and support voluntary forums with industry partners in
order to establish new performance standards that consider the
future of 5G, 6G, 7G, and beyond. The agreement directs the FAA
to brief the House and Senate Committees on Appropriations on
its assessment of current radio altimeter technologies,
including filters and other redesigns to reduce their
susceptibility to potential 5G interference, and the extent to
which such technologies can accommodate all future desired uses
of C-band spectrum adjacent to the radar altimeter band. The
FAA's assessment should be based on feedback from airlines,
airports, the telecommunications industry, and radio altimeter
manufacturers on the limits of current technologies, the need
for future research, the extent to which industry is already
investing in such research, and any research and development
activities that the FAA can conduct and/or sponsor to prepare
for 6G, 7G, and beyond.
Small unmanned aircraft systems [UAS] procurement.--For any
acquisition of small UAS using funds provided by the FAA,
including those to Federal grant recipients, the FAA should
require certification of review of the Department of Homeland
Security [DHS] industry alert, and any subsequent and relevant
UAS guidance, and completion of a risk assessment that
considers the proposed use of the foreign-made UAS. The
agreement directs the FAA to regularly brief the House and
Senate Committees on Appropriations, on an as needed basis, on
any security risks or challenges identified by either agency
from any small UAS or UAS components.
Spaceports.--Not more than 180 days after the submission of
the report to Congress required by section 580 of the FAA
Authorization Act of 2018 on national spaceports policy, the
FAA shall submit an assessment to the House and Senate
Committees on Appropriations of the effectiveness and
suitability of existing infrastructure grant programs at the
DOT and other Federal agencies that could be used for
spaceports in a manner consistent with the section 580 report.
Special use airspace.--The agreement directs the FAA to
continue its efforts to improve airspace sharing with the
Department of Defense [DOD] for special use airspace.
Strengthen aviation safety oversight.--The agreement
provides the requested increase of $11,397,000 and 110 new
positions to help the FAA keep pace with a growing number of
safety issues, including oversight of air carrier aircraft
maintenance, general aviation repair facilities, and contract
towers, as well as the growing role of the FAA's medical
officers.
Technical operations.--Within the air traffic organization,
the agreement includes the requested level of funding for
technical operations to ensure a sufficient number of personnel
with the appropriate skill mix to keep facilities and equipment
in working order.
UAS beyond visual line of sight [BVLOS].--Instead of the
requirement in House Report 117-402 to provide a BVLOS
rulemaking plan no later than October 1, 2022, the agreement
directs the FAA to engage with UAS stakeholders to inform them
of its proposed UAS BVLOS rulemaking schedule, the challenges
associated with this rulemaking, and any differences between
the proposed rulemaking and the BVLOS aviation rulemaking
committee's [ARC's] recommendations. The agreement also directs
the FAA to brief the House and Senate Committees on
Appropriations within 60 days of enactment of this act on: (1)
its plans to align policies that do not require rulemaking,
including issuance of waivers, with the proposals recommended
in the BVLOS ARC report; and (2) its plans to issue guidance
providing accelerated pathways to enable low-altitude
operations under existing rules, such as standard scenarios or
pre-defined risk assessments.
UAS test sites.--The agreement includes $6,000,000 for
providing matching funds to commercial entities that contract
with an FAA-designated UAS test site.
Unfinished rulemaking.--The agreement directs the FAA to
brief the House and Senate Committees on Appropriations on the
unfinished rulemaking related to the safety of foreign repair
stations and the rulemaking required by section 102 of the
ACSAA within 30 days of enactment of this act. The rulemaking
required by section 102 of the ACSAA is expected to be scalable
and flexible for operations of various sizes, and expected to
include specifics on how it can be implemented.
Workforce diversity.--Of the amount provided for staff
offices, the agreement includes not less than $5,000,000 for
the minority serving institutions internship program, which the
FAA should continue to grow and manage in a cost-effective
manner.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $2,945,000,000 for facilities and
equipment. Of the total amount available, $570,000,000 is for
personnel and related expenses and available until September
30, 2024; $2,221,200,000 is available until September 30, 2025;
and $153,800,000 is for terminal facilities and available until
September 30, 2027. The FAA is expected to make sound
investment decisions and report to the House and Senate
Committees on Appropriations on any major cost overruns or
delays.
The table below provides allocations of funds for FAA
facilities and equipment from the IIJA for fiscal year 2023,
which are subject to section 405 of this act:
Allocation of Funds for FAA Facilities and Equipment from the
Infrastructure Investment and Jobs Act--Fiscal Year 2023
------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
Air Route Traffic Control Center [ARTCC] & Combined $45,000,000
Control Facility [CCF] Building Improvements...........
Air Traffic Control En Route Radar Facilities 1,000,000
Improvements...........................................
Activity 3--Non-Air Traffic Control Facilities and ..............
Equipment..............................................
Terminal Air Traffic Control Facilities--Replace........ 510,000,000
Air Traffic Control Tower [ATCT]/Terminal Radar Approach 147,000,000
Control [TRACON] Facilities--Improve...................
Unstaffed Infrastructure Sustainment and Real Property 52,000,000
Disposition............................................
Electrical Power Systems--Sustain/Support and Fuel 148,000,000
Storage Tank Replacement and Management................
Activity 4--Facilities and Equipment Mission Support.... ..............
Hazardous Materials Management and NAS Facilities OSHA 36,000,000
and Environmental Standards Compliance.................
Facility Security Risk Management....................... 1,000,000
Activity 5--Personnel and Related Expenses.............. 60,000,000
---------------
Total, IIJA......................................... 1,000,000,000
------------------------------------------------------------------------
The table below provides details by activity for FAA
facilities and equipment from funds made available under this
heading in this act:
------------------------------------------------------------------------
Facilities and Equipment Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and
Evaluation
Advanced Technology Development and Prototyping.... $24,300,000
William J. Hughes Technical Center Laboratory 16,900,000
Sustainment.......................................
William J. Hughes Technical Center Infrastructure 15,000,000
Sustainment.......................................
NextGen--Separation Management Portfolio........... 17,000,000
NextGen--Traffic Flow Management Portfolio......... 15,000,000
NextGen--On Demand NAS Portfolio................... 8,500,000
NextGen--NAS Infrastructure Portfolio.............. 20,850,000
NextGen Support Portfolio.......................... 5,000,000
NextGen--Unmanned Aircraft Systems [UAS]........... 13,000,000
NextGen--Enterprise, Concept Development, Human 11,000,000
Factors, & Demonstrations Portfolio...............
------------------
Total, Activity 1................................ 146,550,000
Activity 2--Air Traffic Control Facilities and
Equipment
a. En Route Programs
En Route Automation Modernization [ERAM]--System 108,150,000
Enhancements and Tech Refresh.....................
Next Generation Weather Radar [NEXRAD]............. 3,000,000
Air Route Traffic Control Center [ARTCC] & Combined 81,700,000
Control Facility [CCF] Building Improvements......
Air/Ground Communications Infrastructure........... 9,400,000
Air Traffic Control En Route Radar Facilities 6,700,000
Improvements......................................
Oceanic Automation System.......................... 12,250,000
Next Generation Very High Frequency Air/Ground 57,000,000
Communications [NEXCOM]...........................
System-Wide Information Management................. 10,200,000
ADS-B NAS Wide Implementation...................... 155,200,000
Windshear Detection Service........................ 3,200,000
Air Traffic Management Implementation Portfolio.... 7,400,000
Time Based Flow Management Portfolio............... 21,300,000
NextGen Weather Processor.......................... 30,700,000
Data Communications in Support of NextGen Air 103,050,000
Transportation System.............................
Offshore Automation................................ 48,000,000
Reduced Oceanic Separation......................... 2,050,000
En Route Service Improvements...................... 1,000,000
Commercial Space Integration....................... 5,000,000
------------------
Subtotal, En Route Programs...................... 665,300,000
b. Terminal Programs
Terminal Doppler Weather Radar [TDWR]--Provide..... 1,000,000
Standard Terminal Automation Replacement System 68,000,000
[STARS] [TAMR Phase 1]............................
Terminal Automation Program........................ 3,000,000
Terminal Air Traffic Control Facilities--Replace... 100,000,000
ATCT/Terminal Radar Approach Control [TRACON] 53,800,000
Facilities--Improve...............................
NAS Facilities OSHA and Environmental Standards 24,200,000
Compliance........................................
Integrated Display System [IDS].................... 52,000,000
Terminal Flight Data Manager [TFDM]................ 61,800,000
Performance Based Navigation Support Portfolio..... 8,000,000
Unmanned Aircraft Systems [UAS] Implementation..... 5,000,000
Airport Ground Surveillance Portfolio.............. 18,000,000
Terminal and EnRoute Surveillance Portfolio........ 113,000,000
Terminal and EnRoute Voice Switch and Recorder 40,100,000
Portfolio.........................................
Enterprise Information Platform.................... 9,000,000
Remote Towers...................................... 3,000,000
------------------
Subtotal, Terminal Programs...................... 559,900,000
c. Flight Service Programs
Aviation Surface Observation System [ASOS]......... 10,000,000
Future Flight Services Program..................... 1,500,000
Alaska Flight Service Facility Modernization 2,700,000
[AFSFM]...........................................
Juneau Airport Wind System [JAWS]--Technology 500,000
Refresh...........................................
Weather Camera Program............................. 1,200,000
------------------
Subtotal, Flight Service Programs................ 15,900,000
d. Landing and Navigational Aids Program
Very High Frequency [VHF] Omnidirectional Radio 7,100,000
Range [VOR] Minimum Operating Network [MON].......
Wide Area Augmentation System [WAAS] for GPS....... 91,800,000
Instrument Flight Procedures Automation [IFPA]..... 3,600,000
Runway Safety Areas--Navigational Mitigation....... 2,500,000
Landing and Lighting Portfolio..................... 72,900,000
Distance Measuring Equipment [DME], Very High 10,000,000
Frequency [VHF] Omni-Directional Range [VOR],
Tactical Air Navigation [TACAN] [DVT] Sustainment
Portfolio.........................................
------------------
Subtotal, Landing and Navigational Aids Programs. 187,900,000
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and Management....... 26,200,000
Unstaffed Infrastructure Sustainment............... 45,300,000
Aircraft Replacement and Related Equipment Program. 46,200,000
Airport Cable Loop Systems--Sustained Support...... 10,000,000
Alaskan Satellite Telecommunications Infrastructure 500,000
[ASTI]............................................
Real Property Disposition.......................... 4,500,000
Electrical Power Systems--Sustain/Support.......... 110,000,000
Energy Management and Compliance [EMC]............. 6,900,000
Child Care Center Sustainment...................... 1,200,000
FAA Telecommunications Infrastructure.............. 69,000,000
Operational Analysis and Reporting Systems......... 6,100,000
------------------
Subtotal, Other ATC Facilities Programs.......... 325,900,000
==================
Total, Activity 2................................ 1,754,900,000
Activity 3--Non-Air Traffic Control Facilities and
Equipment
a. Support Equipment
Hazardous Materials Management..................... 24,300,000
Aviation Safety Analysis System [ASAS]............. 28,200,000
National Air Space [NAS] Recovery Communications 12,000,000
[RCOM]............................................
Facility Security Risk Management.................. 14,000,000
Information Security............................... 23,000,000
System Approach for Safety Oversight [SASO]........ 26,700,000
Aviation Safety Knowledge Management Environment 12,000,000
[ASKME]...........................................
Aerospace Medical Equipment Needs [AMEN]........... 2,200,000
NextGen System Safety Management Portfolio......... 17,000,000
National Test Equipment Program.................... 3,000,000
Mobile Assets Management Program................... 1,900,000
Aerospace Medicine Safety Information Systems --
[AMSIS]...........................................
Configuration, Logistics, and Maintenance Resource 19,700,000
Solutions [CLMRS].................................
------------------
Subtotal, Support Equipment...................... 184,000,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure Sustainment..... 20,000,000
Distance Learning.................................. 17,200,000
------------------
Subtotal, Training, Equipment and Facilities..... 37,200,000
==================
Total, Activity 3................................ 221,200,000
Activity 4--Facilities and Equipment Mission Support
System Engineering and Development Support......... 38,000,000
Program Support Leases............................. 45,000,000
Logistics and Acquisition Support Services......... 12,000,000
Mike Monroney Aeronautical Center Leases........... 16,000,000
Transition Engineering Support..................... 19,000,000
Technical Support Services Contract [TSSC]......... 28,000,000
Resource Tracking Program [RTP].................... 8,000,000
Center for Advanced Aviation System Development 57,000,000
[CAASD]...........................................
Aeronautical Information Management Program........ 29,350,000
------------------
Total, Activity 4................................ 252,350,000
Activity 5--Personnel and Related Expenses
Personnel and Related Expenses..................... 570,000,000
------------------
Total, All Activities............................ 2,945,000,000
------------------------------------------------------------------------
Terminal air traffic control facilities--replace.--The
agreement directs the FAA to continue working to address aging
and antiquated air traffic control facilities that it leases
from airport authorities to ensure they are fully compliant
with current building codes consistent with being occupied by
air traffic controllers. The agreement directs the FAA to
consider creative financing options and to include
consideration of long-term cost recovery leases, when
conditions warrant the construction of new air traffic control
towers. Funding above the budget request is for the purposes
and amounts specified in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' [CPF/CDS] included
in this joint explanatory statement. CPF/CDS funding shall not
diminish or prejudice the application of a specific airport or
geographic region to receive other discretionary grants or
multi-year letters of intent.
Standard terminal automation replacement system [STARS].--
The FAA may consider including funding for STARS enhancements 2
and multi-platform ATC re-hosting solutions display platform
advancements upon conducting an investment analysis to
determine the most optimal solution.
Landing and lighting portfolio.--The agreement includes
$72,900,000 and supports the FAA's work to modernize and
enhance navigation aids [NavAids] monitoring and control
capabilities in air traffic control towers. The agreement
includes $10,000,000 for instrument landing systems and
$10,000,000 for precision approach path indicators. The FAA
shall train existing technical staff and hire additional staff
if necessary to install these critical systems. The FAA may use
established contractors to augment FAA resources if necessary.
The FAA should also refresh the software and technology of
NavAids control and monitoring systems, which provide real
time, mission critical capabilities, and enhance situational
awareness, safety, and efficiency in managing air traffic.
Military operations areas.--Radar and future NextGen
systems capable of controlling airspace down to 500 feet above
ground level enhances aviation safety in military operations
areas that overlay public use airports. The agreement
recommends that the FAA utilize existing resources to promptly
provide radar or NextGen capability in areas with more than
5,000 operations per year.
Air/ground communications infrastructure.--The agreement
provides $1,600,000 above the budget request for infrastructure
in mountainous terrain that will enable continuous radio
communication between the pilots of low-flying tour flights and
ground support personnel, as well as infrastructure
improvements needed to improve coverage in mountainous terrain.
Weather camera program.--The FAA is expected to
expeditiously install all weather cameras previously funded for
Hawaii, provide access to the real-time imagery from these
weather cameras to the general public, and equip its flight
service station specialists with the technical capabilities and
training to provide verbal preflight and en route briefings.
Aerospace medicine safety information system [AMSIS].--The
agreement does not include any funding for the AMSIS. The
agreement directs the FAA to reprogram up to $9,300,000 for
distance learning for the tower training simulators from the
unobligated balances previously appropriated under this heading
for AMSIS.
Distance learning.--The agreement provides $17,200,000 for
distance learning, of which $15,400,000 is for tower simulation
systems, $1,000,000 is for distance learning, and $800,000 is
for the safety and technical education platform.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $255,000,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2025.
The following table provides details by program:
------------------------------------------------------------------------
Research, Engineering, and Development Agreement
------------------------------------------------------------------------
Fire Research and Safety................................ $7,136,000
Propulsion and Fuel Systems............................. 3,000,000
Advanced Materials /Structural Safety................... 14,720,000
Aircraft Icing.......................................... 2,472,000
Digital System Safety................................... 3,689,000
Continued Air Worthiness................................ 8,829,000
Flight deck/Maintenance/System Integration Human Factors 14,301,000
System Safety Management/Terminal Area Safety........... 9,252,000
Air Traffic Control/Technical Operations Human Factors.. 5,911,000
Aeromedical Research.................................... 9,000,000
Weather Program......................................... 13,786,000
Unmanned Aircraft Systems Research...................... 22,077,000
Alternative Fuels for General Aviation.................. 10,000,000
Commercial Space Transportation Safety.................. 4,708,000
Wake Turbulence......................................... 3,728,000
NextGen--Weather Technology in the Cockpit.............. 4,000,000
Information/Cyber Security.............................. 4,769,000
Environment and Energy.................................. 21,000,000
NextGen--Environmental Research--Aircraft Technologies 68,000,000
and Fuels..............................................
System Planning and Resource Management................. 4,141,000
Aviation Workforce Development--Section 625............. 15,000,000
William J. Hughes Technical Center Laboratory Facilities 5,481,000
---------------
Total............................................... 255,000,000
------------------------------------------------------------------------
Advanced materials/structural safety.--The agreement
includes $14,720,000 for advanced materials/structural safety,
of which: (1) $6,000,000 is to advance the use of these new
additive materials (both metallic and non-metallic based
additive processes) in the commercial aviation industry; (2)
$4,000,000 is to advance the use of fiber reinforced composite
materials in the commercial aviation industry through the FAA
joint advanced materials and structures center of excellence;
and (3) $2,000,000 is for the FAA to continue its work with
existing public-private partnerships that provide leading-edge
research, development, and testing of composite materials and
structures.
Aviation emissions and noise.--The agreement includes
$21,000,000 for environment and energy, of which $7,500,000 is
to conduct research within the aviation sustainability center
[ASCENT] center of excellence [COE]. The agreement includes
$68,000,000 for NextGen-Environmental Research-Aircraft
Technologies and Fuels, of which $26,565,000 is for ASCENT and
$38,000,000 is for the continuous lower energy, emissions, and
noise [CLEEN] program.The agreement directs the FAA to
prioritize research related to sustainable aviation fuels
[SAFs] and certification of SAFs, and expects this research to
help identify and overcome key barriers to entry to the SAF
market.
Aviation workforce development programs.--Within amounts
for the section 625 program, the agreement provides $10,000,000
for the aviation maintenance workforce and $5,000,000 for the
aircraft pilot workforce. Funds provided for aircraft pilot
workforce should be prioritized for applicants that can
increase the number of pilots across the aviation industry,
including commercial service.
UAS research.--The agreement includes $22,077,000 for UAS
research. Of this amount: (1) $12,000,000 is directed to
support the expanded role of the UAS COE in areas of UAS
research, including cybersecurity, agricultural applications,
beyond visual line of sight technology, studies of advanced
composites and other non-metallic engineering materials not
common to manned aircraft but utilized in UAS, the STEM
program, and to continue efforts with the UAS safety standards
for UAS and to develop and validate certification standards for
such systems; (2) $2,000,000 for the Center's role in
transportation disaster preparedness and response, partnering
with institutions that have demonstrated experience in damage
assessment, collaboration with state transportation agencies,
and applied UAS field testing; and (3) $8,000,000 is to support
UAS research activities at the FAA technical center and other
FAA facilities.
Alternative fuels for general aviation.--The agreement
directs the FAA to prioritize funding to the testing and
identification of unleaded fuels that can be safely used in
piston-engine aircraft fleet. The agreement directs the FAA to
prioritize the identification and testing of unleaded
replacement fuels that are viable candidates for fleet
authorization and to brief the House and Senate Committees on
Appropriations within 120 days of enactment of this act on the
progress it has made on these pending applications. The FAA is
expected to move forward expeditiously on a rulemaking
triggered by the Environmental Protection Agency's [EPA's]
endangerment finding for lead emissions from aircraft engines
that operate on leaded fuel.
Safety systems management/terminal area safety.--The
agreement encourages the FAA to conduct research on the
development, collection, and maintenance of safety critical
data for vertical flight operations, infrastructure, and
technology concepts using subject matter experts and laboratory
facilities at the FAA's William J. Hughes technical center.
This research should include a revised heliport/vertiport
facility obstruction policy, development of geospatial data
standards, which define a data model for accuracy, standards,
and maintenance updates, as well as instrument flight procedure
development, automation, simulation and flight test data
collection and evaluation, and technologies to support safer
low-altitude operations.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,350,000,000, to remain available until expended. Within the
obligation limitation, the agreement provides not less than
$137,372,000 for administrative expenses, $15,000,000 for the
airport cooperative research program, $40,828,000 for airport
technology research, and $10,000,000 for the small community
air service development program.
Airport technology.--Of the amount for airport technology
research, $6,000,000 is for the airfield pavement technology
program authorized under section 744 of Public Law 115-254, of
which $3,000,000 is for concrete pavement research and
$3,000,000 is for asphalt pavement research.
Airport improvement program [AIP] formula.--The agreement
directs the FAA to consider the full range of flight activities
(such as flight training, air cargo, emergency response, pilot
training, etc.) and associated metrics when considering AIP
discretionary grants.
Boarding bridges.--The agreement continues to direct the
FAA to consult with the U.S. Trade Representative [USTR] and
the U.S. Attorney General to develop, to the extent
practicable, a list of entities that: (1) are a foreign state-
owned enterprise that is identified by the USTR in the report
required by subsection (a)(1) of section 182 of the Trade Act
of 1974 (Public Law 93-618) and subject to monitoring by the
USTR under section 306 of the Trade Act of 1974; and (2) have
been determined by a Federal court, after exhausting all
appeals, to have misappropriated intellectual property or trade
secrets from an entity organized under the laws of the United
States or any jurisdiction within the United States. The FAA
shall make such list available to the public and work with the
USTR, to the extent practicable, to utilize the system for
award management database to exclude such entities from being
eligible for Federal non-procurement awards. The FAA is
expected to notify the House and Senate Committees on
Appropriations of any significant challenges the agency faces
in completing these actions.
Burdensome regulations.--The FAA should continue to
identify opportunities to eliminate unnecessary regulations and
streamline burdensome regulations and identify areas where more
autonomy can be given to local jurisdictions with a better
understanding of needs and challenges in building and
maintaining infrastructure.
National plan of integrated airport systems [NPIAS].--The
agreement directs the FAA to expeditiously review requests for
entry into the NPIAS. Public-use airports that meet all
applicable criteria and which have had significant and material
investment from their local communities should be included in
the NPIAS.
Noise.--The agreement directs the FAA to ensure that AIP
funds are made available to reduce the impact of noise on
communities and on communities further from airports that
experience highly repetitive overflights.
Transition plan to fluorine-free firefighting foam.--Not
later than 120 days after the date of the publication of the
new military specification [MIL-SPEC] for firefighting foam,
the FAA is directed to develop a transition plan for part 139
airports to use the MIL-SPEC. In addition to the requirements
for the transition plan in House Report 117-402, the FAA shall
also provide airports information on any supplemental equipment
needed to utilize approved MIL-SPEC products.
GRANTS-IN-AID FOR AIRPORTS
The agreement provides $558,555,000 in new budget authority
for additional discretionary grants for airport construction
projects, of which $283,555,000 is for Community Project
Funding/Congressionally Directed Spending included in this
joint explanatory statement. Funding allocated for Community
Project Funding/Congressionally Directed Spending shall not
diminish or prejudice the application of a specific airport or
geographic region to receive other AIP discretionary grants or
multi-year letters of intent.
Voluntary airport low emissions [VALE] program.--The
agreement expects the FAA to engage with airport sponsors at
major hubs to identify projects suitable for the VALE program.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA ``without
cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with government issued credit cards.
Section 116 requires the administrator to block the
identifying information of an owner or operator's aircraft in
any flight tracking display to the public upon the request of
an owner or operator.
Section 117 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 118 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with executive order no. 13642.
Section 119 requires the FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing a
regional operations center or reducing the services provided.
Section 119A prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119B prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119C prohibits funds from being used to open,
close, redesignate, or reorganize a regional office, the
aeronautical center, or the technical center subject to the
normal reprogramming requirements outlined under section 405 of
this act.
Section 119D improves the efficiency of the FAA franchise
fund.
Section 119E provides restrictions on the use of the
authorities under 49 U.S.C. 44502(e) to transfer certain air
traffic system or equipment to the FAA.
Section 119F allows the transfer of funds from the
``Grants-in-Aid for Airports'' account to reimburse airports
affected by temporary flight restrictions for residences of the
president.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The agreement limits obligations for the administrative
expenses of the Federal Highway Administration [FHWA] to
$476,783,991, of which $3,248,000 is for the administrative
expenses of the Appalachian Regional Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement limits obligations for the Federal-aid
highways program to $58,764,510,674 in fiscal year 2023.
Implementation plan.--The agreement directs the FHWA to
brief the House and Senate Committees on Appropriations on the
implementation plan for conducting the research outlined in the
transportation research board's truck size and weight research
plan within 30 days of enactment of this act.
Emergency relief manual.--The agreement directs the FHWA to
provide an update to the House and Senate Committees on
Appropriations within 30 days of enactment of this act on the
status of implementation and a timeline for completion, and
every 30 days thereafter, until the emergency relief manual is
updated, as required by section 11519 of the IIJA.
Resilient infrastructure.--The agreement directs the FHWA
to continue to prioritize research, development, deployment,
and demonstrations of new and proven technologies that could
make infrastructure systems more resilient.
Electric vehicle [EV] charging infrastructure.--In granting
exemptions from the Joint Office of Energy and Transportation's
[Joint Office's] requirements for EV charging infrastructure
deployment, the agreement directs the Joint Office to consider
the estimated volume of customers at a proposed charging site.
The agreement directs the Joint Office to coordinate with
stakeholders to ensure the exemption process is transparent,
user-friendly, efficient, and accounts for the unique needs of
rural areas. The agreement also directs the FHWA to clarify the
eligibility of infrastructure for wireless charging, such as
inductive charging, under 23 U.S.C. 151(f).
The agreement directs the Joint Office to carry out a
nationwide assessment of EV charging infrastructure in
underserved and disadvantaged communities, including urban,
rural, and suburban areas. The Joint Office shall provide a
briefing not later than 90 days after enactment of this act to
the House and Senate Committees on Appropriations on the
methodology that will be used to obtain information provided in
the assessment, and shall release the assessment on a publicly
accessible website within 1 year of enactment of this act. The
Joint Office may coordinate the assessment with the electric
vehicle working group established under section 25006 of the
IIJA.
The agreement also directs the Joint Office to brief the
House and Senate Committees on Appropriations on: (1) the
extent to which funding from the IIJA for EV charging
infrastructure will be beneficial to underserved communities,
disadvantaged communities, and individuals living in multi-
family or affordable housing; and (2) the extent to which
community input and stakeholder engagement will be considered
in the deployment of EV charging infrastructure.
Categorical exclusions [CE].--The agreement directs the
FHWA to work with stakeholders, including state DOTs, to
determine how to best minimize the bureaucratic burdens of the
CE qualification process.
Appalachian development highway system [ADHS].--The
agreement continues to direct the FHWA to submit the report
required by the joint explanatory statement accompanying the
fiscal year 2022 Consolidated Appropriations Act on ADHS.
Greenhouse gas [GHG] emissions.--The agreement directs the
Department to continue efforts to research, develop, promote,
and deploy materials that will help reduce lifecycle GHG
emissions.
Interstate projects in the intermountain west.--The
agreement encourages the FHWA to work with state DOTs and local
governments to move forward on several projects in the
intermountain west, including I-10 improvements, I-11
construction, I-17 improvements, U.S. 95 expansion, the North-
South corridor study in Pinal County, and completion of the
Sonoran corridor.
Wildlife crossings pilot program.--The agreement directs
the FHWA to provide technical assistance related to the
implementation of 23 U.S.C. 148(a)(4)(B)(xvii), as needed.
Road maintenance on Indian land.--The agreement encourages
the Secretary of Transportation to work with the Secretary of
the Interior to provide a study addressing the deferred
maintenance backlog of existing roads on Indian land as
described in section 14006 of the IIJA. The agreement directs
the Secretary of Transportation to collaborate with the
Secretary of the Interior to: (1) issue a public update on
efforts to increase data accessibility on Tribal roads; and (2)
issue an update on progress in meeting the recommendations from
the report GAO-17-423.
Use of funds.--The agreement directs the FHWA to continue
to engage with stakeholders, including state DOTs and local
governments, to clarify that the DOT is not seeking to
discourage projects that are eligible under current law and
will not penalize states that use highway formula funds for
projects eligible under current law. The agreement also directs
the Secretary to identify the extent to which the authority
under section 1420 of the Fixing America's Surface
Transportation [FAST] Act, as amended by section 11306 of the
IIJA, is used, including when such requests are denied and the
reason for any such denials, and report to the House and Senate
Committees on Appropriations within 30 days of enactment of
this act on its findings.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$59,503,510,674, which is available until expended, to pay the
outstanding obligations of the various highway programs at the
levels provided in this act and prior appropriations acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $3,417,811,613 from the general
fund. Of the total amount, the bill provides $1,862,811,613 for
Community Project Funding/Congressionally Designated Spending
for projects listed in the table at the end of this joint
explanatory statement in the corresponding amounts,
$100,000,000 for the ADHS, $40,000,000 for the nationally
significant Federal lands and Tribal projects program (of which
not less than $20,000,000 shall be set-aside for projects in
Tribal areas), $12,000,000 for the regional infrastructure
accelerator demonstration program, $20,000,000 for the national
scenic byways program, $45,000,000 for the active
transportation infrastructure investment program, $3,000,000
for the pollinator-friendly practices on roadsides and highway
rights-of-way program, $5,000,000 for cooperative agreements on
endangered salmon populations, $1,145,000,000 for a bridge
replacement and rehabilitation program, $15,000,000 to be
transferred to the Northern Border Regional Commission,
$150,000,000 for PROTECT grants, as authorized under 23 U.S.C.
176, and $20,000,000 to be transferred to the Denali
Commission.
Nationally significant Federal lands and Tribal projects
[NSFLTP] program.--The agreement directs the FHWA to award not
less than 50 percent of the funds for the NSFLTP program for
projects on Tribal transportation facilities, consistent with
section 1123 of the FAST Act, as amended by section 11127 of
the IIJA.
National scenic byways program [NSBP].--The agreement
directs the FHWA to not include the preference for projects
that have a total cost of $500,000 or larger for the funds
provided for fiscal year 2023.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the Federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to be
credited to the Federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America Act requirements.
Section 123 requires 60-day notification to the House and
Senate Committees on Appropriations for any INFRA grants
awarded under 23 U.S.C. 117, provided that such notification
shall be made no later than 180 days from the date of enactment
of this act.
Section 124 allows state DOTs to repurpose certain highway
project funding within 25 miles of its original designation.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $367,500,000 for the
operations and programs of the Federal Motor Carrier Safety
Administration [FMCSA]. Of this limitation, $14,073,000 is for
the research and technology program, and $63,098,000 is for IT
and information management [IM], to remain available for
obligation until September 30, 2025.
IT and IM.--The agreement directs the FMCSA to report no
less than annually on the spending plans for the amounts
provided for IT and IM and to update the House and Senate
Committees on Appropriations about progress on modernizing its
legacy systems.
Unlawful brokerage activities.--The agreement modifies the
reporting requirement in House Report 117-402 by also requiring
the FMCSA to identify safety concerns arising from unlawful
brokerage activities. Further, the agreement directs the FMCSA
to finalize the interim guidance issued on November 16, 2022 in
the Federal Register on its interpretation of the definitions
of ``broker'' and ``bona fide agents'' as required by section
23021 of the IIJA no later than June 16, 2023.
Safe driver apprenticeship pilot [SDAP] program.--The
agreement directs the FMCSA to provide interim updates on the
SDAP program as directed and enumerated in House Report 117-
402. If the FMCSA encounters data limitations, then the FMCSA
may provide alternative data or no data on certain enumerated
items in such interim updates and the FMCSA is directed to
explain such data limitations as part of such interim updates.
Border crossing capital improvement program [CIP].--The
agreement directs the FMCSA to include the current status of
the border crossing CIP in its annual budget request.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $506,150,000 for motor
carrier safety grants.
The bill provides the following funding levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program.............. $398,500,000
Commercial driver's license program implementation 42,650,000
program.............................................
High priority activities program..................... 58,800,000
Commercial motor vehicle operators grant program..... 1,200,000
Commercial motor vehicle enforcement training and 5,000,000
support grant program...............................
------------------------------------------------------------------------
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires the FMCSA to send notice of 49 CFR
section 385.308 violations by certified mail, registered mail,
or some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 131 requires the FMCSA to update inspection
regulations for rear underride guards as specified in GAO-19-
264.
Section 132 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $210,000,000 from the general fund
for operations and research. The agreement directs the National
Highway Traffic Safety Administration [NHTSA] to include the
same level of detail as was included in the fiscal year 2020
budget estimate in future budget estimates.
New car assessment program [NCAP].--The agreement directs
the NHTSA to continue research to address gender inequity as
evidenced through available crash data so that NCAP can
transition to use the latest crash test dummy technology in
tests and can be periodically updated to enhance crash
protection to male and female occupants of different sizes. The
agreement directs the NHTSA to provide quarterly updates to the
House and Senate Committees on Appropriations upon enactment of
this act on its progress. The agreement further directs the
Secretary to submit to the House and Senate Committees on
Appropriations the report required under section 24221(b) of
the IIJA.
Automated vehicles [AVs].--The agreement encourages the
NHTSA to use up to $9,000,000 of amounts from this account for
AV testing. The agreement directs the NHTSA to submit a report
within 90 days of enactment of this act on the status of
current research and rulemakings related to the safe deployment
of new AV technology that may improve safety outcomes, and
incorporate novel vehicle designs that improve mobility and
access for all.
Virtual modeling and simulation.--The agreement directs up
to $3,500,000 to support the virtual review, assessment and
validation of AVs and increased coordination with the highly
automated systems safety COE.
Causal factors of auto crashes.--The agreement modifies
direction under this heading in House Report 117-402 and
instead encourages the NHTSA to focus amounts made available
within this account on research on causal factors of auto
crashes, such as distracted driving, road conditions, and
congestion.
Highway fatalities.--The agreement supports the use of
increased funding provided by the IIJA for the purposes of
reducing the growing number of traffic fatalities through
implementation of the national roadway safety strategy,
addressing all rulemaking mandates in the IIJA, and addressing
open NTSB recommendations.
Digital alert technology.--The agreement supports the use
of digital alert technologies that can provide up-to-date
information about dynamic conditions on roads to drivers. The
NHTSA should deploy this technology with local law enforcement
in the field.
Conspicuity tape.--The agreement urges the NHTSA to move
forward with rulemaking initiated in 2014 to improve visibility
of commercial trucks over 10,000 pounds by requiring them to
have reflective markings, consistent with past NTSB
recommendations.
Partnership for analytics research in traffic safety.--The
agreement directs the NHTSA to continue its cooperative work
for analytics research in traffic safety and its focus on real-
world insights that can improve the performance of advanced
vehicle safety technologies.
Spinal cord research.--The agreement directs the Department
to provide an update within 180 days of enactment of this act
to the House and Senate Committees on Appropriations on its
efforts to expand spinal cord research with outside
organizations.
Transportation safety and human health.--The agreement
directs the NHTSA to partner with an accredited university of
higher education with a university hospital to conduct research
on the intersection of transportation safety and human health,
and to create evidence-based training programs in order to
reduce traffic crashes and improve transportation safety. The
agreement directs the NHTSA to use up to $3,000,000 from the
amounts made available under the heading ``Vehicle Safety and
Behavioral Research Programs'' in title VIII of division J of
the IIJA for these activities.
Advanced impaired driving prevention technology
rulemaking.--The agreement expects the NHTSA to deliver the
Volpe report on advanced drunk driving prevention systems as
required by House Report 116-452, which may point to
technologies that could help meet the rulemaking requirements
in section 24220 of the IIJA, and directs the NHTSA to
emphasize its research on driver monitoring and to identify
promising technologies that will reduce or eliminate impaired
and distracted driving. The agreement expects the NHTSA to
prioritize resources to meet the rulemaking requirements of
section 24220 of the IIJA and to issue the final rule within
the timelines set forth in such section. The agreement also
expects the NHTSA to notify the House and Senate Committees on
Appropriations if funding, staffing, or other resource
constraints are delaying or hindering this rulemaking.
The agreement directs that within 90 days of enactment of
this act, and annually thereafter, the Secretary shall post on
a publicly available website a report that includes: (1) the
current status of the rulemaking required by section 24220 of
the IIJA, including an anticipated timeline for finalizing the
rulemaking as set forth in section 24220 of the IIJA; (2) any
issues that could lead to delays in the Secretary not issuing
the rulemaking by November 2024, as is permissible under
section 24220 of the IIJA; (3) a list or summary of products
that are currently available for installation in passenger
motor vehicles to prevent drunk and impaired driving; and (4) a
summary of the progress made in carrying out the collaborative
research efforts through the driver alcohol detection system
for safety program, including an accounting of the use of
Federal funds and matching funds from the private sector.
Drug impaired driving.--The agreement directs the NHTSA to
work with the Department of Justice, the Department of Health
and Human Services [HHS], and the Department of Commerce to
ensure that state highway safety offices and state law
enforcement have the most up-to-date information from the
Federal government on detecting impaired driving. The agreement
also directs the NHTSA to work with states to determine their
toxicology testing and funding needs and to make states aware
that assistance for state toxicology labs are eligible expenses
under sections 402 and 405 formula grant funds and to provide
information to states about oral fluid roadside screening
programs.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $197,000,000, to remain available
until expended, which reflects the authorized level of contract
authority, and of which $57,500,000 shall remain available
until September 30, 2024. Of the total amount, the agreement
provides $190,000,000 for programs authorized under section 403
of title 23, U.S.C., including behavioral research on automated
driving systems and advanced driver assistance systems and
improving consumer responses to safety recalls, and section
25024 of Public Law 117-58.
Child hyperthermia.--The directive under this heading in
House Report 117-402 is modified by providing up to $3,000,000.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $795,220,000 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits funds from being used to enforce
certain state maintenance of effort requirements under 23
U.S.C. 405.
Section 143 provides a short title to section 24220 of the
IIJA.
Federal Railroad Administration
SAFETY AND OPERATIONS
The bill provides $250,449,000 for the safety and
operations of the Federal Railroad Administration [FRA], of
which $25,000,000 shall remain available until expended. The
agreement provides the following funding levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Automated track inspection program................... $17,000,000
Positive train control support program............... up to $1,000,000
Trespasser prevention................................ up to $3,000,000
Highway-rail grade crossing safety................... up to $3,000,000
Confidential close call reporting system............. up to $4,300,000
Grant and project development technical assistance, up to $1,500,000
oversight...........................................
------------------------------------------------------------------------
Blocked railroad crossings.--The agreement directs the FRA
to continue to use the information gathered through the FRA's
website on blocked railroad crossings in order to identify the
root causes of blocked crossing incidents and identify
meaningful solutions to prevent future occurrences. In doing
so, the agreement encourages the FRA to continue working with
all stakeholders, including communities, state and local
agencies, law enforcement, freight railroads, and others.
Further, the agreement directs the FRA to incorporate
information collected by the FRA from both the freight
railroads and the FRA's website on blocked railroad crossings
into the national highway-rail crossing inventory, to the
extent permissible under current law.
Intercity passenger rail competition.--The agreement
modifies the direction in House Report 117-402 to allow for
competitive bidding procedures at the option of eligible
applicants.
Automated track inspection technologies.--Instead of the
direction in House Report 117-402, the agreement directs the
Department to continue to evaluate the performance of automated
track inspection technology and determine whether any
additional data is needed. In evaluating these technologies,
the Department shall evaluate the ability of automated track
inspection technology to detect all defects outlined in 49 CFR
213 track safety standards. The Department shall report to the
House and Senate Committees on Appropriations on such
evaluation and any next steps the FRA is considering, including
any potential regulatory actions, to incorporate automated
track inspections into the inspection process within 90 days of
enactment of this act. The Department is further directed to
only consider regulatory action following the completion with
recommendations of railroad safety advisory committee task 19-
05.
RAILROAD RESEARCH AND DEVELOPMENT
The bill provides $44,000,000 for railroad research and
development, to remain available until expended. Of this
amount, up to $3,000,000 is available to make improvements at
the transportation technology center as authorized under 49
U.S.C. 20108(d).
Rail research and development COE.--The agreement provides
up to 10 percent of the amounts made available under this
heading for grants to establish and maintain a rail research
and development COE as authorized by section 22102(d) of the
IIJA. The agreement directs the FRA to report to the House and
Senate Committees on Appropriations on its efforts to establish
such COE no later than 90 days after enactment of this act.
Safe transportation of energy products.--The agreement
provides up to $2,000,000 to research and mitigate risks
associated with the transportation of crude oil, ethanol,
liquefied natural gas [LNG], and other hazardous materials,
including tank car research in partnership with other Federal
agencies. The FRA is directed to continue to undertake
comprehensive efforts in collaboration with the Pipeline and
Hazardous Materials Safety Administration [PHMSA] to identify
and address gaps in research relating to the transportation of
LNG in rail tank cars, including recommendations from the
transportation research board special reports 339 and 345,
which should inform rulemaking.
Emissions reduction and alternative fuel locomotives.--The
agreement provides not less than $2,500,000 for the FRA to
continue ongoing research, development, and testing on
innovative technologies and solutions for low- or no-emission
alternative fuels for locomotives, engine improvements, and
motive power technologies. The FRA is directed to work in
collaboration with the Department of Energy and the private
sector in order to hasten the transition from traditional
diesel fuel locomotives, spur the development and deployment of
low- or no-emission technologies, and achieve widespread
commercial use. Further, the agreement directs the FRA to
conduct research, development, testing, and analysis to
determine the safety of such technologies, any additional
emergency response planning and training requirements relating
to such technologies, related infrastructure requirements to
support such technologies, and any other activities the FRA
deems necessary to ensure the safe operations of such
technologies.
Short-line safety.--The agreement provides $2,500,000 to
continue to improve safety practices and training for class II
and class III freight railroads, including efforts to improve
the safe transportation of crude oil, other hazardous
materials, freight, and passenger rail.
Research partnerships with universities.--The agreement
provides up to $5,000,000 for partnerships with qualified
universities on research related to improving the safety,
capacity, and efficiency of the nation's rail infrastructure,
including $1,000,000 for research on intelligent railroad
systems. Research conducted in conjunction with the FRA at
universities should also be structured to facilitate the
education and training of the next generation of professionals
in rail engineering and transportation.
Windows.--The agreement directs the FRA to study window
glazing retention systems pursuant to section 22420 of the
IIJA.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
The bill provides $100,000,000 for Federal-state
partnership for intercity passenger rail grants as authorized
under 49 U.S.C. 24911, to remain available until expended.
The agreement commends the FRA for issuing the 2022
northeast corridor [NEC] project inventory, as required by
section 22307 of the IIJA, on November 15, 2022. The agreement
modifies the direction in House Report 117-402, and directs the
FRA to continue working toward issuing a NOFO for the Federal-
state partnership for intercity passenger rail grants program
to solicit applications for NEC projects listed on the NEC
project inventory.
Regional rail planning.--Of the funds provided under this
heading in this act and in Public Law 117-58 for fiscal year
2023, the agreement directs the Secretary to exercise the
authorities under 49 U.S.C. 24911(k) to withhold up to 5
percent of the total amounts made available to carry out
planning and development activities related to the corridor
identification and development program authorized under 49
U.S.C. 25101.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $535,000,000 for consolidated rail
infrastructure and safety improvements [CRISI] grants as
authorized under 49 U.S.C. 22907, to remain available until
expended. Of this amount, not less than $150,000,000 is for
projects eligible under 49 U.S.C. 22907(c)(2) that support the
development of new intercity passenger rail service routes
including alignments for existing routes; not less than
$25,000,000 is for projects eligible under 49 U.S.C.
22907(c)(11); $5,000,000 is for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects; $30,426,000 is for
the purposes and amounts specified in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in this joint explanatory statement; and not less than
$5,000,000 is for workforce development and training activities
eligible under 49 U.S.C. 22907(c)(13).
The agreement directs the FRA to provide funding for those
projects listed in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in this
joint explanatory statement in the corresponding amounts.
Further, the agreement directs that the specific funding
allocated in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement shall not diminish or prejudice any
application or geographic region to receive other discretionary
grants or loans.
THE NATIONAL RAILROAD PASSENGER CORPORATION [AMTRAK]
The agreement provides a total of $2,453,000,000 for
Amtrak. The agreement directs the FRA to make a timely
disbursement of funds to maximize Amtrak's ability to
efficiently manage its cash flow. The agreement directs the FRA
to release adequate funding in the first quarter of the fiscal
year in order to allow Amtrak to efficiently manage its
financial obligations in a timely manner.
ADA accessibility at Amtrak stations.--The agreement
modifies the direction in House Report 117-402, and directs
Amtrak to submit an updated report to the House and Senate
Committees on Appropriations no later than July 28, 2023,
detailing the ADA stations program plan and timeline to make
the remaining 292 stations ADA compliant and accessible.
Station agents.--The agreement directs Amtrak to either
provide a station agent in each Amtrak station that had a
ticket agent position eliminated in fiscal year 2018 or, with
respect to any given station on that list, to instead reach an
agreement with the labor organization representing employees at
such station to provide a station agent in a different station.
Safety.--The agreement modifies the reporting directive in
House Report 117-402 in this section to bi-annually.
COVID-19 pandemic impact on Amtrak operations.--The
agreement directs Amtrak to provide regular updates to the
House and Senate Committees on Appropriations on any new
revenue projections, estimates, or needs as they become
available in order to assess reasonable funding needs to
preserve all route operations nationwide.
Food and beverage.--The agreement directs Amtrak to
periodically update the House and Senate Committees on
Appropriations on the food and beverage offerings, new
initiatives, operating loss, and workforce impacts, as
appropriate.
U.S. services.--The agreement directs Amtrak to take the
necessary affirmative steps to ensure that contracts for
customer service, professional, and IT services, including
subsidiary services, shall be performed within the United
States.
Office of Inspector General reports.--The agreement expects
the funds provided to aggressively address the recent Amtrak
Office of Inspector General report that identified specific
challenges that Amtrak may face in executing the funding
provided through the IIJA to ensure the vision of an efficient
national passenger rail network operating in a state of good
repair is fully realized. The agreement directs Amtrak to
provide a plan within 180 days of enactment of this act that
explains how it intends to address each of the challenges
identified by the Amtrak Office of Inspector General.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The bill provides $1,260,000,000, to remain available until
expended, for the Secretary to make grants to Amtrak for
activities associated with the NEC. The bill provides up to
$5,000,000 for the northeast corridor commission [NECC], which
is in addition to the up to $5,000,000 in advance
appropriations made available for the NECC in fiscal year 2023
in the IIJA.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $1,193,000,000, to remain available until
expended, for the Secretary to make grants to Amtrak for
activities associated with the national network. The agreement
provides a sufficient level of funding to meet all of the
capital and operational needs to support the national network.
Of this amount, at least $50,000,000 is for the development,
installation, and operation of railroad safety improvements,
including the implementation of a positive train control
system, and up to $66,000,000 is to support the planning,
capital costs, and operating assistance of corridors selected
under the corridor identification and development program that
are operated by Amtrak. The bill also provides up to $3,000,000
for the state-supported route committee, which is in addition
to the up to $3,000,000 in advance appropriations made
available for the state-supported route committee in fiscal
year 2023 in the IIJA. The agreement does not provide
additional funding for the interstate rail compacts grant
program, as the up to $3,000,000 in advance appropriations in
fiscal year 2023 in the IIJA fully funds such grants as
authorized in section 22101(f) of the IIJA.
National network services.--The agreement does not support
proposals that will inevitably lead to long-term or permanent
service cuts or segmentation of Amtrak's long-distance routes,
which will lead to less service for rural communities.
Corridor identification and development program [CIDP].--
Once corridors are selected, the Secretary shall partner with
eligible entities that submitted each proposal, relevant
states, and Amtrak, as appropriate, to prepare a service
development plan to help advance the implementation of the
intercity passenger rail service. The Department is directed to
provide the report required by 49 U.S.C. 25101(g) once
corridors are selected to the House and Senate Committees on
Appropriations each February 1 of each year thereafter.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSION)
(INCLUDING TRANSFER OF FUNDS)
Section 150 prohibits the use of funds made available by
this act by Amtrak in contravention of the Worker Adjustment
and Retraining Notification Act.
Section 151 allows the FRA to transfer certain amounts made
available in this and prior acts to the financial assistance
oversight and technical assistance account to support the
award, administration, project management oversight, and
technical assistance of grants administered by the FRA, with an
exception.
Section 152 specifies that amounts made available in any
prior fiscal years for the restoration and enhancement program
are subject to 49 U.S.C. 22908, as in effect on the effective
date of Public Law 117-58.
Section 153 makes technical corrections to title VIII of
division J of Public Law 117-58.
Section 154 rescinds certain unobligated balances.
Section 155 limits overtime to $35,000 per Amtrak employee,
allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons, and requires Amtrak to submit a report on overtime
payments to the House and Senate Committees on Appropriations.
Section 156 prohibits the use of funds made available to
Amtrak to reduce the total number of Amtrak police department
uniformed officers patrolling on board passenger trains or at
stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
Section 157 expresses the sense of Congress that long-
distance passenger rail routes and services should be sustained
to ensure connectivity throughout the national network.
Section 158 allows the state-supported route committee to
hire employees to carry out the state-supported route committee
responsibilities.
Section 159 provides an additional amount for the CRISI
program.
Federal Transit Administration
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations from the mass transit account
for transit formula grants of $13,634,000,000, as authorized by
the IIJA.
Innovation in affordable transit demonstration program.--
The agreement encourages the FTA to support a demonstration
program to determine the impacts of need-based transit subsidy
programs in areas with the worst air quality and traffic
congestion in the country through the public transportation
innovation program authorized under 49 U.S.C. 5312.
Agricultural worker transportation.--The agreement
encourages the FTA, through the national rural transportation
assistance program, in coordination with the U.S. Department of
Agriculture [USDA] rural housing service, to develop materials
and best practices that can be disseminated to local
governments, nonprofit organizations, and operators of public
transportation with the goal of identifying options to
establish or expand affordable and reliable transit services
for farmworkers, especially those residing in housing financed
by the USDA.
Health and safety of public transit workers.--The agreement
notes that the transit cooperative research program [TCRP]
completed research report 217 entitled ``Improving the Health
and Safety of Transit Workers with Corresponding Impacts on the
Bottom Line'' in December 2020. In place of the direction in
House Report 117-402, the agreement directs the FTA to work
with the TCRP to conduct follow-on research to research report
217 in order to increase transit agencies' understanding of
ways to improve the health and safety of transit workers,
including operators and non-operators such as mechanics and
engineers. The agreement directs the FTA to complete such
research and report its findings to the House and Senate
Committees on Appropriations no later than 18 months after
enactment of this act.
COVID-19 pandemic impacts on transit accessibility.--
Instead of the direction in House Report 117-402, the agreement
directs the FTA to provide a report no later than 1 year after
enactment of this act to the House and Senate Committees on
Appropriations on the ways the COVID-19 pandemic impacted
transit agencies and transit riders throughout the nation,
including historically disadvantaged communities who rely upon
public transportation.
Transit trends.--The agreement directs the Secretary to
submit a report to the House and Senate Committees on
Appropriations providing transit ridership levels from 2019 to
present and an assessment of anticipated future trends and
needs in the transit industry.
Low or no emission bus program.--The agreement directs the
FTA to implement 49 U.S.C. 5339(c) in a manner that encourages
a variety of different fuel types, and to consider procurements
that reduce an agency's overall greenhouse gas emissions.
TRANSIT INFRASTRUCTURE GRANTS
The bill provides an additional $541,959,324 in transit
infrastructure grants, to remain available until expended. Of
the funds provided, $90,000,000 is available for buses and bus
facilities competitive grants as authorized under 49 U.S.C.
5339(b); $50,000,000 is available for low or no emission grants
as authorized under 49 U.S.C. 5339(c); $15,000,000 is available
for ferry boats grants as authorized under 49 U.S.C. 5307(h),
of which no less than $5,000,000 is available only for low or
zero emission ferries or ferries using electric battery or fuel
cell components and the infrastructure to support such ferries;
$2,000,000 is available for bus testing facilities as
authorized under 49 U.S.C. 5318; $360,459,324 is available for
the purposes and in amounts specified in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in this joint explanatory statement; $17,500,000 is
available for ferry service for rural communities as authorized
under section 71103 of division G of Public Law 117-58;
$1,000,000 is available for an innovative mobility
demonstration pilot program; $1,000,000 is available for the
accelerating innovative mobility program; and $5,000,000 is
available for technical assistance, research, demonstration, or
deployment activities or projects to accelerate the adoption of
zero emission buses in public transit as authorized under 49
U.S.C. 5312. The specific funding allocated in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement shall
not diminish or prejudice the application of a specific project
or geographic region to receive other discretionary grants or
loans.
Transit vehicle innovation deployment centers [TVIDC].--The
agreement directs the FTA to utilize the TVIDC program to
identify and suggest priorities for zero emission bus component
focused research and innovation development, using the TVIDC
industry wide coordination structure and understanding of zero
emission bus components and vehicles. In addition, the
agreement directs the FTA to collaborate with TVIDC in order to
accelerate the production and deployment of zero emission
transit technologies and infrastructure that reduce the impacts
of the transportation sector on greenhouse gas emissions
through research and technical assistance.
TECHNICAL ASSISTANCE AND TRAINING
The bill provides $7,500,000 for technical assistance and
training activities under 49 U.S.C. 5314, to remain available
until September 30, 2024. The funding provided under this
heading is supplemental to the funding provided under the
heading ``Transit Formula Grants'', as authorized by the IIJA.
Workforce development and standards-based training.--The
agreement directs that not less than $2,500,000 shall be for a
cooperative agreement consistent with the direction in House
Report 117-402.
Small-urban, rural, and Tribal transit providers.--The
agreement directs that not less than $1,500,000 shall be for a
cooperative agreement for a technical assistance center to
assist small-urban, rural, and Tribal public transit recipients
and planning organizations with applied innovation and capacity
building consistent with the direction in House Report 117-402.
CAPITAL INVESTMENT GRANTS
The bill provides $2,210,000,000 for fixed-guideway
projects, to remain available until expended. Of the funds
provided, $1,772,900,000 is available for new starts projects,
$100,000,000 is available for core capacity projects,
$215,000,000 is available for small starts projects,
$100,000,000 is available for the expedited project delivery
pilot program, and $22,100,000 is available for oversight
activities consistent with 49 U.S.C. 5338(c). The bill directs
the Secretary to administer the capital investment grants [CIG]
program and move projects through the program to construction
in accordance with the requirements of 49 U.S.C. 5309 and
section 3005(b) of the FAST Act. The bill also clarifies that
project sponsors may be concurrently eligible for both the new
starts and expedited project delivery pilot programs.
Amounts provided in this act, combined with the funding
provided in the Consolidated Appropriations Act, 2022 which
remain unallocated, are sufficient to support projects that
currently have executed grant agreements, projects that meet
the requirements of 49 U.S.C. 5309 and are anticipating grant
agreements in fiscal year 2023, and activities authorized under
49 U.S.C. 5309(b)(1).
Project management oversight [PMO] activities.--The
agreement directs the FTA to continue to submit to the House
and Senate Committees on Appropriations the quarterly PMO
reports for each project with a full funding grant agreement.
New transportation projects in low-growth areas.--The
agreement encourages the FTA to prioritize projects that
connect communities unserved or underserved by transit to
employment centers and projects that support economic growth in
disadvantaged areas.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110-432, to remain available until
expended.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this act that remain
unobligated by September 30, 2026, for fixed guideway capital
investment projects to be available for projects to use the
funds for the purposes for which they were originally provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2022, from older accounts to be merged into
new accounts with similar current activities.
Section 163 prohibits the use of funds to adjust
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Section 164 prohibits the use of funds to impede or hinder
project advancement or approval for any project seeking a
Federal contribution from the CIG program of greater than 40
percent of project costs.
Section 165 provides an additional amount for the CIG
program.
Section 166 extends the period of availability for amounts
made available for CIG in Public Law 117-103 and Public Law
116-94.
Section 167 permits the use of unexpended balances
appropriated for low or no emission component assessment under
49 U.S.C. 5312(h) to be used for specified capital activities.
Great Lakes St. Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The bill provides $38,500,000 for the operations,
maintenance, and capital infrastructure activities of the Great
Lakes St. Lawrence Seaway Development Corporation [GLS]. Of
that amount, not less than $14,800,000 is provided for the
seaway infrastructure program. The agreement provides
$1,000,000 for trade and economic development activities at the
GLS, to be carried out in conjunction with system stakeholders.
Seaway infrastructure program.--The agreement directs the
GLS to continue to submit an annual report to the House and
Senate Committees on Appropriations, not later than 90 days
after enactment of this act, summarizing the activities of the
seaway infrastructure program during the immediate preceding
fiscal year.
Maritime Administration
MARITIME SECURITY PROGRAM
(INCLUDING RESCISSION OF FUNDS)
The bill provides $318,000,000 for the maritime security
program, to remain available until expended, and rescinds
$55,000,000 in unobligated amounts made available in prior
fiscal years.
CABLE SECURITY FLEET
The bill provides $10,000,000 for the cable security fleet
program, to remain available until expended.
TANKER SECURITY PROGRAM
The bill provides $60,000,000 for the tanker security fleet
program, to remain available until expended.
OPERATIONS AND TRAINING
The bill provides $213,181,000 for the Maritime
Administration's [MARAD] operations and training account. The
agreement provides the following funding levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
USMMA operations........................................ $87,848,000
USMMA facilities maintenance and repair, and equipment.. 11,900,000
USMMA capital improvement program....................... 31,921,000
Maritime environmental and technical assistance program. 6,000,000
America's marine highway program........................ 10,000,000
MARAD headquarters operations........................... 65,512,000
------------------------------------------------------------------------
MARAD headquarters operations.--The agreement includes
funding for two new full-time equivalents for a new compliance
business unit at the MARAD headquarters as proposed in the
budget request.
Sexual assault and sexual harassment [SASH] at USMMA.--The
agreement directs the MARAD to follow the direction included in
House Report 117-402 relating to SASH at the U.S. Merchant
Marine Academy [USMMA]. In addition, the agreement directs the
MARAD to continue to engage with U.S. commercial vessel
operators on the every mariner builds a respectful culture
[EMBARC] SASH prevention standards in order to enroll
additional vessel operators in the sea year program and address
impediments to participation. Further, the MARAD is directed to
report to the House and Senate Committees on Appropriations
quarterly in writing on the ways in which it is conducting such
outreach and engagement in order to improve EMBARC program
carrier enrollment. The agreement notes that the DOT
established concurrent criminal jurisdiction over the USMMA
campus, as required by Public Law 115-232 and Public Law 116-
94, in October 2022 and therefore the agreement does not
include the reporting requirement on this matter in House
Report 117-402.
The agreement reiterates the importance of the USMMA
conducting surveys on SASH every other year, as required by
law, as these surveys and accompanying analysis are important
tools in determining the effectiveness of the policies,
training, and procedures the USMMA and the MARAD have put in
place to address SASH. The agreement directs the USMMA to
expeditiously complete the 2021-2022 academic year survey on
SASH, and transmit the report to Congress.
The Department shall also conduct routine assessments of
the satellite phone functionality to ensure cadets serving in
sea year have the means for direct 24/7 communication with the
USMMA.
USMMA facility maintenance.--The agreement notes that the
USMMA and the MARAD recently executed a comprehensive
facilities and systems maintenance contract for the USMMA. The
agreement expects such contract to result in efficient and
timely routine maintenance of the USMMA campus. Instead of the
briefing required in House Report 117-402, the MARAD is
directed to brief the House and Senate Committees on
Appropriations on such contract and the subsequent transition
to such contract within 30 days of enactment of this act. In
addition, the MARAD shall maintain a written list of the status
of all essential and recurring maintenance and repair needs and
activities, annual estimates of capital resources needed to
replace and rehabilitate major operating systems that are not
anticipated to be recapitalized under projects within the
capital improvement program, the date by which such activities
should be completed, and the date by which they were completed.
The MARAD shall transmit such list in writing and provide a
briefing to the House and Senate Committees on Appropriations
each quarter.
USMMA capital improvements.--The agreement includes
$31,921,000 for the USMMA's capital improvement program [CIP],
which combined with the $51,111,573 in available unobligated
prior year funding will result in a total of $83,032,573 for
CIP projects in fiscal year 2023. Of the CIP funds previously
allocated to specific facilities, such terms and conditions no
longer apply and any such funds are available for projects
identified in the CIP. The agreement continues to direct the
MARAD to expand and improve the capacity of the USMMA staff in
order to facilitate the proper management and oversight of CIP
projects, and directs the Department to consider using design
build contracts in order to expedite the renovation of academic
facilities and related pier infrastructure this fiscal year.
The agreement reiterates the expectation that the MARAD
complete CIP projects on an annual basis.
The agreement notes with concern the state of the USMMA's
facilities and the lack of progress by the USMMA, the MARAD,
and the Department on renovating or rehabilitating facilities,
which has a direct impact on the quality of the education
provided to students and the ability to attract new entrants to
serve as future leaders in the United States Merchant Marine.
The fiscal year 2019 CIP, completed on December 18, 2019, is
the most recent annual report, and the agreement notes with
disappointment that despite direction in Senate Report 116-109,
the Consolidated Appropriations Act, 2021, and the Consolidated
Appropriations Act, 2022, to provide such annual reports on the
status of the CIP, an updated CIP has not been completed. The
agreement acknowledges that the Department and the MARAD are in
the process of finalizing the fiscal year 2022 CIP, and directs
the Department to issue the overdue fiscal year 2022 CIP within
30 days of enactment of this act. A current and up-to-date CIP
annual report is critical to providing safe learning and living
environments for students, and for utilizing the resources
provided for the USMMA CIP under this heading in this and prior
fiscal years.
Further, the USMMA, the MARAD, and the Department shall
continue to provide quarterly briefings to the House and Senate
Committees on Appropriations on the status of all short- and
long-term CIP projects and provide an annual report on all CIP
projects in the same manner and context as in previous fiscal
years. In addition to planning for the renovation or
replacement of academic facilities, the CIP for fiscal year
2023 should identify the long-term goals and sequencing of
dormitory building renovations or replacements.
Domestic fuel transportation capabilities.--The agreement
reiterates the importance of the Jones Act. Several reports on
the Jones Act have been conducted by the GAO, and the DOD, in
consultation with DOT, recently completed an analysis on the
current U.S.-flagged fuel tanker vessel capacity; therefore,
the agreement does not include the review required in House
Report 117-402.
Secure composite shipping containers.--The agreement
directs the MARAD to collaborate with the Federal Maritime
Commission, DOD, and DHS to support the transition of secure
composite shipping containers into wider use to provide
increased security, shipment visibility, and cargo
facilitation. The agreement directs the MARAD to use the
existing America's marine highway program and the port
infrastructure development program to promote and provide
funding for secure composite shipping containers, if available
and if eligible.
STATE MARITIME ACADEMY OPERATIONS
The bill provides $120,700,000 for state maritime academy
[SMA] operations. The bill provides the following funding
levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Training ships....................................... $30,500,000
[Training vessel sharing].......................... [not more than
$8,000,000]
National security multi-mission vessel program....... 75,000,000
Student incentive program............................ 2,400,000
Fuel assistance payments............................. 6,800,000
Direct payments for SMAs............................. 6,000,000
------------------------------------------------------------------------
National security multi-mission vessel [NSMV].--The
agreement includes resources to assist SMAs in making shore-
side infrastructure improvements to support the delivery and
operation of the NSMVs. Shore-side infrastructure shall only
include NSMV-specific improvements required by the MARAD to
safely moor the vessels and other improvements that are
necessary for SMAs to receive the NSMVs. Specifically, shore-
side infrastructure shall include pier construction and
upgrades directly related to the mooring of the vessel, but not
for general maintenance that would otherwise be necessary
absent receiving an NSMV, and is inclusive of associated
utility upgrades directly related to mooring and operating the
vessel, including but not limited to electricity and steam. The
agreement directs the MARAD to implement a Federal-state cost-
share of not less than 80/20 for shore-side infrastructure
improvements. In the event that there are extenuating
circumstances that an SMA is unable to meet an 80/20 Federal-
state cost-share requirement, the MARAD may determine whether a
different Federal-state cost-share requirement is appropriate,
necessary, and executable. In addition, the agreement directs
the MARAD to sequence the funding distributed to SMAs for
shore-side infrastructure improvements based on the vessel
delivery schedule. The agreement applies the aforementioned
direction on shore-side infrastructure improvements to funding
provided for shore-side infrastructure improvements under this
heading in fiscal year 2022. Further, the MARAD shall notify
the House and Senate Committees on Appropriations prior to
obligating any funds for shore-side infrastructure
improvements, and such notification shall include the amount of
funding provided by non-Federal sources for such
infrastructure.
The agreement directs the MARAD to conduct vigorous
oversight of the vessel construction manager, as well as the
shipyard, to ensure the NSMVs are delivered on budget and on
time. The MARAD is directed to continue to provide briefings to
the House and Senate Committees on Appropriations on the status
of the NSMV program on a quarterly basis, including detailed
reporting on the SMAs shore-side infrastructure improvements
needed to ensure successful delivery and operation of the
NSMVs, and to provide immediate notification of any risks to
the construction schedule or cost.
Home port designation.--The agreement notes that the MARAD
has committed to continuing the longstanding practice of
designating the home port of NSMVs as the location of the SMA
which they serve. The agreement directs the MARAD to continue
to work with the House and Senate Committees on Appropriations
and the SMAs to ensure successful delivery and full
implementation of the NSMVs.
ASSISTANCE TO SMALL SHIPYARDS
The bill provides $20,000,000 for the small shipyard grant
program, to remain available until expended.
SHIP DISPOSAL
(INCLUDING RESCISSION OF FUNDS)
The bill provides $6,000,000 for the ship disposal program,
to remain available until expended, and rescinds $12,000,000 in
unobligated amounts made available in prior fiscal years.
National maritime heritage grants program.--With the
increasing cost of scrap steel, the MARAD is expected to ensure
it is able to secure the highest price possible from vessels
recycled through the ship disposal program. The funds received
from these sales are deposited into the vessel operations
revolving fund [VORF], and the MARAD distributes funding from
the VORF according to the authorized purposes and allocations
under 54 U.S.C. 308704, including to the national maritime
heritage grants program. The agreement supports the use of
funding from the VORF for the national maritime heritage grants
program and directs the MARAD to continue to work with the
National Park Service to ensure that the portion of the VORF
allocated for the national maritime heritage grants program
under 54 U.S.C. 308704(b)(1)(A) is distributed in a timely
fashion.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $3,000,000 for the administrative
expenses of the Title XI program and directs that these funds
be transferred to the MARAD's operations and training account.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The bill provides $212,203,512 for the port infrastructure
development program, to remain available until expended.
Set asides and prioritization.--The agreement directs the
MARAD to set aside 25 percent of the funds for small inland
river and coastal ports and terminals, as required by 46 U.S.C.
54301. Theagreement directs the MARAD to allow Federal cost
shares above 80 percent for projects in rural areas, as
permitted by 46 U.S.C. 54301.
ADMINISTRATIVE PROVISION--MARITIME ADMINISTRATION
Section 170 authorizes the MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of the MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The bill provides $29,936,000 for the necessary operational
expenses of the PHMSA, of which $4,500,000 shall remain
available until September 30, 2025. The agreement specifies
that $2,000,000 shall be for pipeline safety information grants
to communities as authorized by 49 U.S.C. 60130 and $2,500,000
shall be for emergency response grants as authorized by 49
U.S.C. 60125(b).
HAZARDOUS MATERIALS SAFETY
The bill provides $70,743,000 for the PHMSA's hazardous
materials safety functions, of which $12,070,000 shall remain
available until September 30, 2025. Funds made available until
September 30, 2025, are for long-term research and development
contracts, grants, and, in a more limited scope, contract
safety programs.
The agreement specifies that $1,000,000 shall be for
community safety grants as authorized by 49 U.S.C. 5107(i), up
to $2,500,000 shall be for the state hazardous materials safety
inspection program, and $1,000,000 shall be for the Assistance
for Local Emergency Response Training [ALERT] grants. The
agreement directs the PHMSA to prioritize ALERT grants for
training in rural areas.
Staffing and outreach activities.--The agreement provides
funding for a total of 213 full-time positions [FTPs] to
support the Office of Hazardous Materials Safety, which
includes five new FTPs to expand the hazardous materials safety
assistance team, enhance the accident investigation program,
and improve the safe transportation of emerging energy sources.
The PHMSA may determine how to prioritize the new FTPs among
these three activities.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The bill provides $190,385,000 for the PHMSA's pipeline
safety program, to remain available until September 30, 2025.
Of that amount, $29,000,000 is derived from the oil spill
liability trust fund, $153,985,000 is derived from the pipeline
safety fund, $400,000 is derived from fees collected under 49
U.S.C. 60303 and deposited in the liquefied natural gas siting
account, and $7,000,000 is derived from fees collected under 49
U.S.C. 60302 and deposited in the underground natural gas
storage facility safety account.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Operations.............................................. $85,864,000
Contract safety programs................................ 23,963,000
Research and development................................ 12,500,000
State pipeline safety grants............................ 60,500,000
Underground natural gas storage facility safety grants.. 5,000,000
One-call state grants................................... 1,058,000
State damage prevention grants.......................... 1,500,000
------------------------------------------------------------------------
Staffing and hiring plans.--The agreement provides up to
$2,000,000 for hiring and retention incentives to recruit and
retain highly qualified inspectors and engineers.
Enhanced positive response [EPR].--The agreement encourages
the PHMSA to advance broader adoption of EPR.
Liquefied natural gas [LNG] COE.--The agreement notes that
the PHMSA submitted the report required under section 111(c) of
the Protecting Our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (PIPES Act, division R of Public Law 116-
260) to Congress, and provides up to $8,400,000 for PHMSA to
establish the national center of excellence for LNG safety
[Center] as authorized in section 111(b) of the PIPES Act. The
agreement directs that the use of such funds shall include
authorized activities that would improve the safety of LNG
facilities, including operations and management, and shall not
take resources away from other safety critical activities
within this account. Further, in establishing the Center, the
PHMSA is directed to follow the requirements in section
111(e)(2), which the agreement notes aligns with ``Model 3'' in
the report submitted to Congress. The PHMSA is also directed to
ensure that resources from the existing training and
qualifications center will not be relocated or duplicated at
the new Center.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
The bill provides an obligation limitation of $28,318,000
for emergency preparedness grants, to remain available until
September 30, 2025.
While the House and Senate Committees on Appropriations
support increased funding for emergency preparedness grants as
authorized by section 26001 of the IIJA, the agreement does not
include this increase because it is not supported by the level
of fees permitted under 49 U.S.C. 5108(g). The agreement
directs the PHMSA to work with the authorizing committees and
relevant stakeholders to develop a proposal for increased fee
levels that would support the authorized level of spending
under section 26001 of the IIJA.
The agreement encourages the PHMSA to train public sector
emergency response personnel in communities on or near rail
lines, which transport a significant volume of high-risk energy
commodities or toxic inhalation hazards.
Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $108,073,000 for the salaries and
expenses of the Office of Inspector General.
General Provisions--Department of Transportation
Section 180 provides authorization for the DOT to maintain
and operate aircraft, hire passenger motor vehicles and
aircraft, purchase liability insurance, pay for uniforms, and
purchase and operate unmanned aircraft systems.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 up to the rate permitted for an executive
level IV.
Section 182 prohibits recipients of funds in this act from
disseminating personal information obtained by state
departments of motor vehicles in connection to motor vehicle
records with an exception.
Section 183 prohibits funds in this act for salaries and
expenses of more than 125 political and presidential appointees
in the Department of Transportation.
Section 184 stipulates that revenue collected by the FHWA
and the FRA from states, counties, municipalities, other public
authorities, and private sources for training may be credited
to specific accounts within the agencies, with an exception for
state rail safety inspectors participating in training.
Section 185 prohibits the DOT from using funds to make a
loan, loan guarantee, line of credit, letter of intent,
Federally funded cooperative agreement, full funding grant
agreement, or discretionary grant unless the DOT gives a 3-day
advance notice to the House and Senate Committees on
Appropriations. The provision requires the DOT to provide a
comprehensive list of all such loans, loan guarantees, lines of
credit, letters of intent, Federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants that will be announced with a 3-day advance notice to
the House and Senate Committees on Appropriations. The
provision also requires concurrent notice of any ``quick
release'' of funds from the FHWA's emergency relief program,
and prohibits notifications from involving funds not available
for obligation.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of the
DOT.
Section 187 requires reprogramming actions to be approved
or denied by the House and Senate Committees on Appropriations,
and reprogramming notifications shall be transmitted solely to
the Appropriations Committees.
Section 188 allows funds appropriated to operating
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to the operating administrations.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 190 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
Section 191 directs the Secretary of Transportation to work
with the Secretary of Homeland Security to ensure that best
practices for industrial control systems procurement are up to
date and that systems procured with funds provided under this
title were procured using such practices.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management And Administration
Broadband deployment locations map.--The agreement directs
the Department to submit a report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this act 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 IIJA (Public Law 117-58).
Energy codes.--The agreement urges the Department to work
in partnership with USDA to expeditiously update the standards
as required by law, which will reduce operating expenses for
HUD-owned and subsidized properties.
Eviction data collection.--The agreement directs the GAO to
examine the barriers that exist to collecting, digitizing, and
standardizing data from the beginning to the end of the
eviction process, such as pre-eviction information; the
renter's race or ethnicity, age and gender, as well as the
composition of the household and landlord data; and the extent
to which such information could inform future funding and
policy decisions. The agreement directs the GAO to brief the
House and Senate Committees on Appropriations on its
preliminary findings within 180 days of enactment of this act
and to provide a full report upon completion.
Connections to other Federal, state, and local services.--
The agreement urges HUD to use its technical assistance
resources to increase the knowledge and capacity of HUD
grantees to connect program participants to local opportunities
and other government services, where appropriate.
Buying preference.--The agreement urges the Department to
comply with the Buy America requirements of the IIJA.
Rural areas.--The agreement urges the Department to enhance
its efforts to provide decent, affordable housing and to
promote economic development for Americans living in rural
areas. When designing programs and making funding decisions,
the Department shall take into consideration the unique
conditions, challenges, and scale of rural areas.
Appropriations attorneys.--The agreement funds
appropriations attorneys in the Office of the Chief Financial
Officer [OCFO] and directs the Department to refer all
appropriations law issues to such attorneys within the OCFO.
The agreement urges the Department to ensure the office has
adequate personnel and non-personnel resources to fulfill their
responsibilities, including training HUD staff in funds control
procedures and directives, as required by section 215 of this
act.
Organizational charts and staffing realignments.--The
agreement directs HUD to submit, in consultation with the House
and Senate Committees on Appropriations, current and accurate
organizational charts for each office within the Department as
part of the fiscal year 2024 congressional justifications. HUD
is further directed to submit any staff realignments or
restructuring to the House and Senate Committees on
Appropriations, consistent with section 405 of this act.
GAO priority recommendations.--The agreement directs HUD,
within 30 days of enactment of this act, to report to the House
and Senate Committees on Appropriations on the steps it has
taken in fiscal year 2022 to implement the 10 outstanding
priority recommendations made by the GAO and additional actions
the Department will undertake in fiscal year 2023 to implement
these recommendations.
Regional approaches to affordable housing.--The agreement
encourages the Department to make explicit in competitions for
Federal funding that regional councils, councils of government,
metropolitan planning organizations, and multi-jurisdictional
consortiums may apply whenever these entities are eligible
applicants. Furthermore, the agreement encourages the
Department to actively seek opportunities for these entities to
serve as lead applicants and grantees in order to promote and
expand local, state, and regional collaboration.
Encouraging more affordable housing.--The agreement
encourages HUD to continue research to identify opportunities
to increase efficiency in housing manufacturing. The agreement
recognizes that off-site construction, including modular and
panelized, can be a promising means of increasing the supply of
affordable housing and encourages HUD to support consensus-
based off-site construction standards.
Executive Offices
The agreement includes $18,500,000 for the salaries and
expenses for executive offices, available until September 30,
2024. The agreement directs HUD to outline how budgetary
resources will be allocated among the seven offices funded
under this heading as part of the Department's operating plan
for fiscal year 2023. The agreement directs HUD to complete the
realignments of both the Disaster Management Division from the
Office of Administration to the Office of the Deputy Secretary
and the Executive Secretariat Division into the Office of the
Secretary by April 15, 2023.
Violence Against Women Act [VAWA].--The agreement provides
sufficient resources within this account for the VAWA director
and the Gender-based Violence Prevention Office as authorized
by section 41413 of the Violence Against Women Act of 1994 (34
U.S.C. 12493). The agreement directs the Department to provide
updates to the House and Senate Committees on Appropriations at
key milestones on its progress to collect information on the
extent to which public housing agencies [PHAs] and owners have
adopted emergency transfer policies since the publication of
the Department's model emergency transfer plan, and the
effectiveness of those emergency transfer policies in ensuring
survivors have access to safe housing.
HUD staffing assessment.--The agreement amends direction in
House Report 117-402 regarding a GAO evaluation of staff
capacity and instead encourages HUD to continue to assess
staffing and training needs in the field, regional, and
headquarters offices and brief the House and Senate Committees
on Appropriations on changing needs.
Administrative Support Offices
The agreement provides $659,600,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2024. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer................ $90,000,000
Office of the General Counsel........................ 125,000,000
[Departmental Enforcement Center].................. [not less than
$20,300,000]
Office of Administration............................. 225,000,000
Office of the Chief Human Capital Officer............ 51,500,000
Office of the Chief Procurement Officer.............. 28,000,000
Office of Field Policy and Management................ 65,500,000
Office of Departmental Equal Employment Opportunity.. 4,600,000
Office of the Chief Information Officer.............. 70,000,000
Total................................................ 659,600,000
------------------------------------------------------------------------
Hiring and separation report.--The hiring and separation
report directed in House Report 117-402 shall be submitted
semiannually, and include the Office of Inspector General and
the Government National Mortgage Association [Ginnie Mae], as
well as position titles, location and full time equivalent
[FTE] positions.
Office of Administration [OA].--The agreement includes not
less than $3,500,000 for critical repairs to the Weaver
building to replace obsolete systems and improve building
safety and indoor air quality and directs that not later than
90 days after enactment of this act HUD submit to the House and
Senate Committees on Appropriations an expenditure plan for
these funds.
The agreement does not include the proposed consolidation
of the Office of Administration, the Office of the Chief Human
Capital Officer [OCHCO], and the Office of the Chief
Procurement Officer [OCPO] into a single funding line or the
proposed reorganization to create the Immediate Office of the
Assistant Secretary, the Office of Government Information
Management, the Office of Administrative Services or the
transfer of FTE from the OCHCO for the Personnel Security
Division. The agreement does approve the creation of the Deputy
Assistant Secretary for Operations.
Expired balances report.--The agreement directs HUD to
submit a report on expired balances within 90 days of the end
of each fiscal year.
Office of the Chief Financial Officer [OCFO].--The
agreement does not provide dedicated funding for the financial
transformation initiative as the appropriation for the OCFO is
sufficient for the continuation of these activities in fiscal
year 2023. However, the agreement directs HUD to detail any
contract expenses for the financial transformation in its
operating plans and congressional justifications and expects
transparent communication with the House and Senate Committees
on Appropriations on this effort. The agreement does not
approve the proposed reorganizations to create a Customer
Experience Division within the Assistant Chief Financial
Officer [ACFO] for Budget, the creation of an Office of Chief
Risk Officer, or moving the Grants Management and Oversight
Division from the ACFO for Systems to the ACFO for Budget.
Office of General Counsel [OGC].--The agreement directs HUD
to provide a report to the House and Senate Committees on
Appropriations within 180 days of enactment of this act on
progress towards closing the six outstanding GAO
recommendations from the report GAO-19-38. The agreement
invites the Department to assess whether HUD's mission is
better served by the Departmental Enforcement Center being
within OGC or reporting directly to the Deputy Secretary.
Office of the Chief Human Capital Officer [OCHCO].--The
agreement does not approve the shift of personnel into the
Office of Departmental Equal Employment Opportunity or other
realignments identified as ``under consideration'' on pages 39-
23 and 39-24 of the fiscal year 2023 congressional budget
justification.
Office of the Chief Procurement Officer [OCPO].--The
agreement directs the Department to prioritize hiring
additional staff for this office, as well as providing
necessary training for current staff.
Office of Departmental Equal Employment Opportunity
[ODEEO].--The agreement does not approve the renaming of the
ODEEO or the transfer of functions from the OCHCO.
Program Offices
The agreement provides $1,054,300,000 for the salaries and
expenses for program offices, available until September 30,
2024. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of Public and Indian Housing.................. $278,200,000
Office of Community Planning and Development......... 163,400,000
Office of Housing.................................... 465,000,000
[Office of Recapitalization]....................... [not less than
$13,300,000]
Office of Policy Development and Research............ 39,600,000
Office of Fair Housing and Equal Opportunity......... 97,000,000
Office of Lead Hazard Control and Healthy Homes...... 11,100,000
Total................................................ 1,054,300,000
------------------------------------------------------------------------
Area median income [AMI] calculations.--The agreement
amends the directive in House Report 117-402 regarding
alternative methods for calculating AMI and instead directs HUD
to conduct this analysis and report to the House and Senate
Committees on Appropriations within one year of enactment of
this act on its findings.
Office of Community Planning and Development [CPD].--The
agreement directs the Department to prioritize the hiring of up
to eight additional positions for grants management and up to
12 additional environmental review specialist positions to
support the increased workload associated with additional
community investments for economic development initiatives. The
agreement also directs the Department to prioritize the hiring
of up to nine additional positions to support the new
preservation and reinvestment for community enhancement and
``Yes in My Backyard'' programs. The agreement approves the
Department's proposed reorganizations to move the Technical
Assistance Division into the Office of Policy Development and
Research [PD&R], elevate the Field Operations Division under
its own Deputy Assistant Secretary, and realign the offices
within the Deputy Assistant Secretary for Operations. While the
agreement does not approve moving the oversight of the section
4 or rural capacity building programs to the Deputy Assistant
Secretary for Economic Development, or moving the formula
allocation process to PD&R, it does approve the remaining
organizational changes identified on page 45-12 of the fiscal
year 2023 congressional budget justification.
Office of Housing.--The agreement directs the Department to
provide updates to the House and Senate Committees on
Appropriations within 90 days of enactment of this act on any
current backlog in multifamily underwriting.
Office of Policy Development and Research.--The agreement
supports the proposed realignment of the Technical Assistance
Division from CPD to PD&R and approves the other alignments
requested within PD&R.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the working capital fund [WCF], the agreement permits
only centralized activities and funds from this account to
include Federal shared services for financial management,
procurement, travel, relocation, human resources (including the
treasury executive institute contract), printing, records
management, space renovation, furniture, and supply services.
The agreement does not expand the authority, as proposed in the
budget request, to include information technology customer
devices, financial management services full cost recovery,
human resources platform licensing or any other activity not
expressly permitted in this act. The agreement expects that,
prior to exercising discretion to centrally fund an activity,
the Secretary shall have established transparent and reliable
unit cost accounting for the offices and agencies of the
Department that use the activity, and shall have adequately
trained staff within each affected office and agency on
resource planning and accounting processes associated with the
centralization of funds to this account. The agreement also
requires HUD to include in its annual operating plan a detailed
outline of its plans for transferring budgetary resources to
the WCF in fiscal year 2023.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The agreement provides a combined total of $30,253,112,000,
to be available until expended, for all tenant-based section 8
activities: $27,599,532,000 under the tenant-based rental
assistance account in this title and an additional
$2,653,580,000, designated as an emergency requirement, in
division N of this act.
Including the amounts provided in division N, the agreement
includes a total of $26,402,000,000 for the renewal of tenant-
based vouchers. This amount includes funding to renew veteran
affairs supportive housing [VASH] vouchers funded in prior
years and also includes up to $7,500,000 for Tribal HUD-VASH
renewals.
The agreement provides $50,000,000 in new incremental
vouchers to expand affordable housing opportunities to low-
income people (including families and individuals experiencing
homelessness and survivors of domestic violence), $50,000,000
for new incremental HUD-VASH vouchers, $30,000,000 for new
incremental family unification vouchers, and $337,000,000 for
tenant protection vouchers [TPVs].
The agreement does not require the report on tenant
organizing in House Report 117-402.
Administrative fees.--The agreement directs HUD to consult
with PHAs, advocates, and researchers on ways to make the
administrative fee formula more relevant to what it costs to
administer a high-performing and efficient voucher program
today, and report on the findings and recommendations to the
House and Senate Committees on Appropriations within 180 days
of enactment of this act.
HUD-VASH.--The agreement directs HUD to continue to
coordinate with the Department of Veterans Affairs [VA] to
establish pathways that would allow for temporary transitional
case management in areas that PHAs have vouchers available and
accompanied with VA case management resources but are
underutilized due to a lack of referrals from the VA, to ensure
no veteran goes unserved where housing and services remain
available. The agreement reminds HUD of direction to consult
with the VA to enable PHAs to be designated entities to screen
for veteran eligibility and make referrals for HUD-VASH and
directs HUD to issue guidance related to approving a PHA to be
a designated service provider no later than March 31, 2023. The
agreement encourages the Department to reallocate HUD-VASH
voucher assistance to PHAs with an identified need and directs
HUD to expeditiously provide the report directed by the fiscal
years 2021 and 2022 joint explanatory statements on methods to
reallocate unused HUD-VASH vouchers, which shall include a
determination of the feasibility of issuing a new solicitation
of participation for unallocated HUD-VASH vouchers.
Incremental vouchers.--The agreement provides $50,000,000
for new incremental vouchers. In awarding these funds, the
agreement directs HUD to support an initial term of 12 months.
The agreement directs HUD to incorporate key lessons learned to
date from research, as well as its execution of the emergency
housing vouchers provided by the American Rescue Plan Act of
2021 (Public Law 117-2).
Special purpose vouchers.--The agreement directs the
Department to work with the authorizing committees to address
the underlying statutory obstacles that populations served by
special purpose vouchers encounter in finding units available
to lease within normal timeframes of larger voucher programs.
VAWA report.--In order to further improve upon the
utilization of emergency transfers for survivors of domestic
violence, dating violence, sexual assault, or stalking, the
agreement directs the GAO to identify and study PHAs with
effective transfer plans and report on their process for
creating and implementing their plans, weaknesses and strengths
of the emergency transfer plans, and any best practices that
could be adopted by other PHAs. The agreement also directs the
GAO to brief the House and Senate Committees on Appropriations
on the proposed scope and methodology of this report within 90
days of enactment of this act and submit the final report to
the Committees upon completion.
Project-based vouchers.--The agreement directs the
Department to review options for addressing challenges with
operating existing and future affordable housing projects that
serve special populations, including people experiencing
homelessness and individuals discharged from hospitals and
other facilities, due to a lack of project-based rental
assistance. This review shall include, but not be limited to,
the feasibility of relaxing the percentage cap on project-based
vouchers, in order to continue providing affordable housing to
special needs populations who would otherwise face barriers in
finding suitable housing in the private rental market. The
agreement also directs the Department to improve its collection
of data on project-based vouchers, including their utilization,
and to provide a briefing to the House and Senate Committees on
Appropriations on what data gaps exist and the steps HUD is
taking to remedy those gaps within 120 days of enactment of
this act.
Housing choice voucher data dashboard.--To better inform
the identification of housing choice voucher program challenges
and where additional policy and research considerations may be
beneficial, the agreement urges HUD to add PHA and special
purpose voucher-level data points on voucher success rates and
to identify the amount of reserves that HUD determines are in
excess of prudent program management.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The bill includes language allowing unobligated balances in
the housing certificate fund to be used for the renewal of or
amendments to section 8 project-based contracts and for
performance-based contract administrators.
PUBLIC HOUSING FUND
The agreement provides $8,514,000,000 for the public
housing fund to remain available until September 30, 2026.
Within the total, the agreement provides $5,109,000,000 for
the public housing operating formula for 2023 payments;
$25,000,000 for need-based allocations to PHAs that experience
or are at risk of financial shortfalls; $3,200,000,000 for
allocations to PHAs through the capital fund formula;
$50,000,000 for emergency capital needs, of which $20,000,000
shall be for PHAs under receivership or under the control of a
Federal monitor, and of which not less than $10,000,000 is for
safety and security measures; $65,000,000 for competitive
grants to public housing agencies to evaluate and reduce
residential health hazards, including lead-based paint, carbon
monoxide, mold, radon, and fire safety, of which not less than
$25,000,000 is specifically for lead hazards; $15,000,000 for
administrative and judicial receiverships; and $50,000,000 for
public housing financial and physical assessment activities.
Operating formula grants.--The funding provided for
operating formula grants includes funding for resident
participation activities, including tenant organizing
activities, capacity building and technical assistance, and
access to community services.
Quality assurance of physical inspections.--The agreement
directs the Department to identify how funds provided for the
Real Estate Assessment Center [REAC], including any carryover
balances, will be utilized during fiscal year 2023 as part of
the operating plan required by section 405 of this act. The
agreement also directs HUD to brief the House and Senate
Committees on Appropriations during fiscal year 2023 at key
milestones in implementation and rulemaking related to the
national standards for the physical inspection of real estate
[NSPIRE] inspection model, and include in such briefings
details on how the open GAO recommendations are being addressed
and HUD's progress in addressing its inspection backlog.
Shortfall funding.--The agreement directs that the
allocation of financial shortfall funds shall first be
prioritized to PHAs with 249 or fewer public housing units that
are determined to be experiencing shortfalls and have less than
one month of reserves before allocating funds to larger PHAs.
Administrative and judicial receiverships.--The agreement
directs HUD to report quarterly to the House and Senate
Committees on Appropriations on the status of PHAs under
receivership, including factors that informed the receivership
such as physical and financial scores, deficiencies with
internal controls, and other information demonstrating each
PHA's inability to effectively oversee their business
operations. This report shall also include an identification of
funding resources and technical assistance provided to each PHA
for the purpose of transitioning out of receivership and how
HUD will address deficiencies in an effort to return the
respective PHAs to local control.
Recycling and zero waste.--The agreement does not include
funding for the recycling and zero waste pilot program included
in House Report 117-402. The agreement recognizes that HUD has
submitted the overdue report on HUD's evaluation of methods of
supporting and expanding recycling and zero waste programs in
public housing, and therefore does not include the related
direction in House Report 117-402.
Emergency and safety and security grants.--Within the
amounts provided for emergency capital needs, the agreement
directs the Department to fund eligible safety and security
projects as quickly as possible, and directs HUD to award the
funds for PHAs under receivership or under the control of a
Federal monitor based on need and not be subject to a cap on
individual grant award amounts.
Residential health hazards.--The agreement prohibits the
Department from deeming any PHA, including those that are
troubled, substandard, or are under the direction of a monitor
or a court-appointed receiver, to be ineligible to apply for or
receive funding, provided that the PHA is in compliance with
any current memorandum of agreement or recovery agreements. The
agreement also prohibits HUD from deeming any PHA as ineligible
to apply for or receive funding that has a violation or
violations of the lead safe housing or lead disclosure rules
and that present documentation establishing it is working in
good faith to resolve such findings by meeting any deadlines it
was required to reach under the terms of a settlement
agreement, consent decree, voluntary agreement, or similar
document as of the date of application. The Department is also
prohibited from precluding funds from being used to carry out
work to settle an outstanding violation. The agreement
continues to expect the Department to work with PHAs to ensure
that the initiative reflects the unique needs of the industry
and strongly encourages HUD to work with PHAs, their
maintenance staff, and tenants to help ensure potential lead-
based paint risks are identified and addressed expeditiously.
The agreement directs the Office of Public and Indian
Housing to continue to work with the Office of Lead Hazard
Control and Healthy Homes to improve its monitoring processes
and develop procedures to ensure that HUD staff take consistent
and timely steps to address health hazards, as recommended by
the GAO.
Public housing data dashboard.--To better inform the
identification of program challenges and where additional
policy and research considerations may be beneficial, the
agreement urges HUD to add PHA-level data points on both
program reserves and the amount of reserves that HUD determines
are in excess of prudent program management.
Annual contributions contract [ACC] amendments.--The
agreement directs HUD to comply with all appropriate process
requirements and work and consult with PHAs in any future
rulemaking process that amends the ACC.
CHOICE NEIGHBORHOODS INITIATIVE
The bill provides $350,000,000 for the choice neighborhoods
initiative, to remain available until September 30, 2027. Of
this amount, not less than $175,000,000 shall be made available
to PHAs and not more than $10,000,000 is available for planning
grants. The agreement directs HUD to give recipients of prior
year planning grants priority consideration for implementation
grant awards.
Supplemental grants.--The agreement directs HUD to use up
to $75,000,000 of the funding provided under this heading for
competitive supplemental grants to current implementation
grantees in the fiscal year 2023 NOFO for implementation grants
to support the construction of replacement housing units. To be
eligible for such funding, qualifying applicants shall be
current grantees that received implementation grants as part of
the fiscal year 2017, 2018, 2019, or 2020 NOFOs; received a
choice neighborhoods planning grant; and are still actively
developing housing. The agreement notes that HUD has included
similar competitive supplemental grants in the fiscal year 2022
NOFO for implementation grants, however, selections have not
been made. Therefore, the agreement directs HUD to allow
otherwise qualifying current implementation grantees that have
received supplemental funding from amounts provided under this
heading in fiscal year 2022 to compete for these supplemental
grants, and directs HUD to require such grantees to demonstrate
additional significant needs. Further, the agreement directs
HUD to use its existing waiver authority regarding total
development cost limitations to enable otherwise qualifying
current implementation grantees to compete for these
supplemental grants. The agreement prohibits HUD from including
the size of the housing site or project as a rating factor for
these supplemental grants in the fiscal year 2023 NOFO for
implementation grants. The agreement further directs that if
HUD is considering leverage as a rating factor for such
supplemental grants that such consideration prioritize grantees
with the lowest public housing funds to non-public housing
funds leverage ratio in all proposed development phases.
Supporting residents.--The bill increases the maximum
amount of implementation grant funding that may be used for
supportive services activities to not more than 20 percent. In
implementing this authority, the agreement directs HUD to
ensure grantees utilize an appropriate mix of allowed funding
mechanisms and do not solely rely upon a supportive services
endowment trust.
SELF-SUFFICIENCY PROGRAMS
The bill provides $175,000,000 for self-sufficiency
programs, to remain available until September 30, 2026. Of the
total, $125,000,000 is for the family self-sufficiency [FSS]
program, $35,000,000 is for the resident opportunity and self-
sufficiency program, and $15,000,000 is for the jobs-plus
initiative.
FSS performance measurement system.--The agreement supports
efforts to update FSS's performance measurement system and
notes that HUD is in the process of improving the quality of
the data and analysis of FSS programs. The agreement directs
HUD to brief the House and Senate Committees on Appropriations
on its FSS performance measurement methodology which will be
published in the Federal Register.
Family self-sufficiency program.--Before awarding funds to
new grantees, HUD shall first prioritize the renewal of all
existing coordinators and second consider funding additional
coordinators for current grantees whose program sizes qualify
for additional coordinators.
NATIVE AMERICAN PROGRAMS
(INCLUDING RESCISSION)
The bill provides $1,020,000,000 for Native American
programs, to remain available until September 30, 2027. The
bill provides the following levels for specific activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Native American housing block grants--formula........... $787,000,000
Native American housing block grants--competitive....... 150,000,000
Title VI loan program................................... 1,000,000
Indian community development block grant................ 75,000,000
Training and technical assistance....................... 7,000,000
------------------------------------------------------------------------
Coordinated environmental reviews for Tribal housing and
related infrastructure.--The agreement expects HUD to routinely
report to the House and Senate Committees on Appropriations on
the Tribal housing and related infrastructure interagency task
force meetings, action items, goals, and recommendations.
Technical assistance.--The agreement expects that technical
assistance funds will be provided to organizations with
experience in providing technical assistance that reflects the
unique needs and culture of Native Americans.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING RESCISSION)
The bill provides $5,521,000 for the cost of guaranteed
loans, to remain available until expended. The bill allows HUD
to use funds in this and prior acts for the cost of guaranteed
loans that are unobligated to subsidize a total loan level of
not more than $1,400,000,000, to remain available until
September 30, 2024.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The bill provides $22,300,000 for the Native Hawaiian
housing block grant program, to remain available until
September 30, 2027.
The agreement directs HUD to ensure that the funds provided
are administered to maximize the provision of affordable
housing through the construction of high density, multifamily
affordable housing and rental units, as well as housing
counseling services and the rehabilitation of housing on Native
Hawaiian homelands that do not meet safe and sanitary housing
building standards.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The bill provides not more than $28,000,000 in loan
guarantee commitment authority, including the authority to
guarantee refinance loans, to remain available until September
30, 2024.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $499,000,000 for the housing
opportunities for persons with AIDS [HOPWA] program, to remain
available until September 30, 2024, except that amounts
allocated pursuant to 854(c)(5) shall remain available until
September 30, 2025.
Annual reporting system.--The agreement encourages HUD to
continue efforts to make it easier for grantees to report their
annual HOPWA data and to increase data quality in order to
alleviate burdens for stakeholders, reduce vulnerabilities of
paper- or desktop-based processes and data collection, and
bring HOPWA grantee reporting capabilities in line with other
CPD programs.
COMMUNITY DEVELOPMENT FUND
The agreement provides $6,397,285,641 for the community
development fund, to remain available until September 30, 2026.
Of the total, the agreement provides $3,300,000,000 in
community development block grant [CDBG] formula funding,
$30,000,000 for activities authorized under section 8071 of the
SUPPORT for Patients and Communities Act, $85,000,000 for
grants to reduce barriers to affordable housing development,
and $2,982,285,641 for economic development initiatives.
Yes in my backyard incentive grant program.--The agreement
provides $85,000,000 for a new competitive grant program that
will reward state, local, and regional jurisdictions that have
made progress in improving inclusionary zoning practices, land
use policies, and housing infrastructure that will ultimately
increase the supply of affordable housing. Improved land use
policies may include increasing density, reducing minimum lot
sizes, creating transit-oriented development zones,
streamlining or shortening permitting processes and timeline,
expanding by-right multifamily zoned areas, allowing mixed use
and multifamily development in retail, office, and light
manufacturing areas, allowing accessory dwelling units on lots
with single family homes, eliminating or relaxing residential
property height limitations, eliminating or reducing off-street
parking requirements, and donating vacant land for affordable
housing development. The agreement notes with encouragement
HUD's existing research on barriers to affordable housing
production and directs HUD to issue best practices for local,
state, and regional agencies to improve such opportunities.
Fairness in CDBG formula.--In addition to the direction in
House Report 117-402, the agreement directs HUD to submit a
report to the House and Senate Committees on Appropriations
within 180 days of enactment of this act on work undertaken by
the Department in 2021 and 2022, and planned to be undertaken
in 2023, to update the CDBG formula and reauthorize the CDBG
program.
Colonias communities.--The agreement modifies the report
directed in House Report 117-402 on colonias communities and
instead directs the GAO to conduct a study on the economic,
public health, and environmental conditions of colonias, the
types of Federal assistance available to colonias, and the
various definitions Federal agencies use in defining colonias.
In its study, the GAO should also describe existing Federal
efforts to assist colonias and Federal coordination with the
states, and identify challenges and barriers that may impede
Federal efforts. The agreement directs the GAO to brief the
House and Senate Committees on Appropriations on its
preliminary findings within 280 days of enactment of this act
and to provide a full report upon completion.
Data in rural communities.--The agreement encourages HUD to
extend flexibilities for the use of alternative data for rural
communities with less than 1,000 residents when a CDBG
applicant considers American community survey data to be
unreliable.
Coordinating Federal resources.--The agreement directs HUD
to address the open recommendations in report GAO-21-579 and
encourages HUD to look for additional ways to collaborate with
various Federal agencies to help grantees and local communities
maximize and more effectively align HUD's community development
programs with other Federal economic development resources.
CDBG disaster recovery.--The agreement urges HUD to
prioritize the acceleration of disaster recovery funds for
eligible individuals and families, and to explore the
utilization of mechanisms, like the recovery acceleration funds
deployed by SBP in New Orleans, Louisiana and Enterprise
Community Partners, to speed recovery through the use of
private capital for upfront repair costs that are later
reimbursed.
Economic development initiatives [EDIs].--The agreement
directs HUD to provide funding for the projects listed in the
table entitled ``Community Project Funding/Congressionally
Directed Spending'' at the end of this joint explanatory
statement in the corresponding amounts. The agreement further
directs HUD to provide semi-annual briefings to the House and
Senate Committees on Appropriations on the implementation of
EDIs and the Department's oversight of projects.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
The agreement provides the authority to collect fees from
borrowers adequate to result in a subsidy cost of zero and an
aggregate limitation on commitments of no more than
$300,000,000 for loan guarantees under section 108.
Section 108(q).--Previously, Congress provided HUD with
funding through section 108(q) to assist state and local
governments with environmental remediation and economic
development projects by providing competitive grant awards from
the brownfields economic development initiative [BEDI] and the
EDI programs, greatly enhancing the utilization of the section
108 loan program and development of larger scale projects that
leveraged public and private investment. The agreement directs
HUD to encourage borrowers of loans guaranteed under section
108 to undertake large scale community and economic development
projects, including the redevelopment of shopping malls, and to
provide a report to the House and Senate Committees on
Appropriations on the extent to which the section 108 program
has supported these activities. The agreement modifies House
Report 117-402 and does not require quarterly reporting on
progress to issue new loan guarantees.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The bill provides $1,500,000,000, to remain available until
September 30, 2026, for the HOME investment partnerships
program.
PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY ENHANCEMENT
The agreement provides $225,000,000 for the preservation
and reinvestment initiative for community enhancement program,
of which $25,000,000 is for a pilot program to provide grants
to assist in the redevelopment of manufactured housing
communities as replacement housing that is affordable, to
remain available until September 30, 2027. The agreement
directs the Department, to the extent practicable, to fund
grants in a variety of geographic areas, including urban and
rural communities, Tribal communities, and areas prone to
natural disasters.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The bill provides $62,500,000, to remain available until
September 30, 2025. The bill provides the following funding
levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Self-help homeownership opportunity program [SHOP]...... $13,500,000
Section 4 program....................................... 42,000,000
[Rural capacity building activities].................. [not less than
$5,000,000]
National rural capacity building........................ 6,000,000
Veterans housing rehabilitation and modification pilot 1,000,000
program................................................
------------------------------------------------------------------------
SHOP per unit average investment cap.--The agreement notes
that HUD increased the average SHOP expenditure for the
combined cost of land acquisition and infrastructure
improvements for the first time since 2004 in the fiscal year
2022 NOFO. The agreement directs HUD to use its existing
authorities to include an average per SHOP unit cost in the
fiscal year 2023 NOFO that is greater than the historical cap
of $15,000 per SHOP unit.
Following initial engagement with the GAO regarding its
evaluation on cost trends in the SHOP program, as required by
the Consolidated Appropriations Act, 2022, the House and Senate
Committees on Appropriations are concerned with gaps in HUD's
data collection from grantees, the quality and availability of
data, and capacity to effectively analyze the needs relating to
the average per SHOP unit cost. Therefore, instead of the study
required in House Report 117-402, the agreement directs HUD to
improve and increase its data collection requirements for
grantees; strengthen its internal data analysis relating to
cost trends, needs, changes, and impacts for the average per
SHOP unit cost; and initiate a SHOP program evaluation. The
agreement directs HUD to brief the House and Senate Committees
on Appropriations no later than 120 days after enactment of
this act on its progress on such actions to improve data
collection and analysis.
Section 4 program.--The agreement directs that funds
available for the section 4 program be used solely for capacity
building activities.
Capacity building to address the needs of Tribal
communities.--The agreement directs HUD to ensure that section
4 program grantees collectively invest not less than $1,000,000
in targeted capacity building activities to benefit Native
Hawaiian, American Indian, and Alaska Native communities and
populations in areas including, but not limited to, rural
areas. This minimum investment is separate from the required
investment for rural capacity building activities of not less
than $5,000,000.
Rural capacity building program.--For the purposes of the
national rural capacity building NOFO, the agreement directs
HUD to define an eligible national organization as ``a
nonprofit entity, which has ongoing experience in rural
housing, including experience working with rural housing
organizations, local governments, and Indian Tribes, as
evidenced by past and continuing work in one or more states in
eight or more of HUD's Federal regions.''
Assistance for low-income and disabled veterans.--The
agreement directs HUD to combine the $1,000,000 provided in
this act for the veterans housing rehabilitation and
modification pilot program with available carryover balances in
the fiscal year 2023 NOFO. The agreement encourages HUD to
increase awareness about this program and the funding
opportunities among veterans, veterans' service organizations,
and eligible entities, and to maximize the number of awards in
the next NOFO.
HOMELESS ASSISTANCE GRANTS
The agreement provides $3,633,000,000, to remain available
until September 30, 2025, for homeless assistance grants.
Funding is provided in the amounts shown in the following
table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Emergency solutions grants.............................. $290,000,000
Continuum of care [CoC] and rural housing stability 3,154,000,000
assistance.............................................
[Projects to assist survivors of domestic violence, [not less than
dating violence, sexual assault or stalking]......... $52,000,000]
National homeless data analysis project................. 7,000,000
Comprehensive approach to serving homeless youth........ 107,000,000
[Youth homelessness system improvement grants]........ [not less than
$25,000,000]
[Technical assistance]................................ [up to
$10,000,000]
One-time award for new construction, acquisition or 75,000,000
rehabilitation of new permanent supportive housing.....
[Awards for states with populations less than [not less than
2,500,000]........................................... $30,000,000]
---------------
Total............................................... 3,633,000,000
------------------------------------------------------------------------
The agreement modifies the House Report 117-402 directive
under this heading to not prioritize investigations or outreach
to specific homeless subpopulations.
Additional planning resources.--The agreement directs HUD
to continue its practice of administratively capping planning
funds for the largest continuum of care [CoCs] grantees.
Permanent supportive housing.--The agreement encourages HUD
and CoCs to leverage the funds provided for the construction,
acquisition, or rehabilitation for new permanent supportive
housing with other funding sources, such as tax credits and
project-based rental assistance, to maximize the amount of
housing that can be directed to meeting the needs of homeless
individuals and families.
Comprehensive interventions to prevent and end youth
homelessness.--The agreement directs HUD to ensure that
sufficient technical assistance resources and equal
consideration for youth homelessness system improvement grants
are provided to rural areas. When determining grant awards, the
agreement encourages HUD to incorporate the following
components as objectives for grantees: youth collaboration in
project design and implementation, including establishment of
local youth advisory boards; quality data collection,
management, utilization, and evaluation; direct coordination
and communication with service providers; cross-system
partnerships including juvenile justice, child welfare, and
education systems; and prevention and diversion strategies. The
agreement prohibits the use of these funds for direct services
or housing.
The agreement directs HUD to provide the new evaluation of
the youth homelessness demonstration program [YHDP] to the
House and Senate Committees on Appropriations no later than
November 1, 2023.
The agreement reminds the Department and CoCs that renewal
funding provided for YHDP projects may only be used for
eligible youth-specific activities upon reaching renewal
status. HUD is encouraged to provide public-facing information
to grantees regarding the YHDP renewal process.
Clarifying eligibility and documentation requirements for
homeless youth.--The agreement encourages the Department to
continue to clarify program requirements regarding the waived
requirement for youth ages 24 and under to provide third party
documentation to receive housing and services through guidance,
notice, and webcasts, as appropriate.
Tribal inclusion in YHDP.--The agreement encourages HUD to
include Tribes and tribally designated housing entities as
eligible recipients in the fiscal year 2023 YHDP NOFO.
Access to healthcare.--The agreement directs HUD to
coordinate with the Centers for Medicare and Medicaid Services
to provide additional guidance and technical assistance to HUD-
funded housing and supportive service providers to increase
access to Medicaid-funded services to address chronic
homelessness.
Point-in-time count.--The agreement directs the Department
to report to the House and Senate Committees on Appropriations
within 180 days of enactment of this act about the viability of
creating a digital point-in-time count data collection and
analysis platform for communities to use.
Annual homeless assessment report [AHAR].--The agreement
directs HUD to incorporate additional Federal data on
homelessness, particularly as it relates to youth homelessness,
into the AHAR and to submit the report to the House and Senate
Committees on Appropriations by August 31, 2023.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The bill provides a combined total of $14,907,000,000, to
remain available until expended, for project-based rental
assistance [PBRA] activities: $13,937,580,000 under the
project-based rental assistance account in this title and an
additional $969,420,000, designated as an emergency, in
division N of this act. Of the total, not more than
$343,000,000 is for performance-based contract administrators
[PBCAs], which in addition to unobligated balances available in
the housing certificate fund will be sufficient to support
PBCAs. Consistent with the budget request, the agreement does
not provide funding for tenant education and outreach, as prior
year funding is available to support tenant organizing
activities, capacity building and technical assistance, access
to community services, and civic engagement activities.
Managing troubled properties.--The agreement directs HUD to
include in the report required by section 219 of this act data
on PBRA properties and units that have exited the program as a
result of contract abatement from poor physical conditions or
for other reasons.
Mark-to-market [M2M].--The bill includes the budget request
to extend the M2M program under section 579 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 to
October 1, 2027. The bill also provides HUD the authority to
make budget-based rent adjustments for PBRA contracts that have
been renewed through the M2M program and are distressed or at
risk of becoming distressed. The agreement directs HUD to use
existing data sources, including PBCA/HUD management and
occupancy reviews, as well as REAC inspections, to assess the
physical property and operational needs amongst post-M2M
properties and other PBRA properties with health and safety
deficiencies to better understand the scope of the budget-based
rent adjustment needs for PBRA properties. HUD is directed to
provide the results of this assessment to the House and Senate
Committees on Appropriations within 180 days of enactment of
this act.
Section 8 moderate rehabilitation [mod rehab] and McKinney-
Vento single room occupancy [SRO] sunset.--The agreement
directs HUD to continue outreach to the owners of mod rehab and
SRO properties on available conversion options and gather
additional data on the potential conversion costs and benefits
to these owners, and such data should be included with any
proposal from HUD to sunset the programs.
Performance-based contract administrators.--The bill
prohibits HUD from issuing a solicitation or accepting bids on
any solicitation that is substantially equivalent to the draft
solicitation entitled ``Housing Assistance Payments (HAP)
Contract Support Services (HAPSS)'' issued by HUD on July 27,
2022. The agreement notes that this is the second draft
solicitation in five years on the matter of providing PBRA
support services, with HUD withdrawing a similar draft
solicitation in March 2018. The agreement directs HUD to ensure
that any future competition for PBCAs does not impede housing
finance agencies or public housing agencies from competing on a
state-basis. Should HUD determine that a subsequent draft
solicitation that is not substantially equivalent to the July
27, 2022 draft solicitation is not feasible, the agreement
directs HUD to include a legislative proposal as part of the
fiscal year 2024 budget request. If HUD determines that a
legislative proposal is necessary, HUD is directed to work with
relevant stakeholders to ensure any potential legislative
proposal results in effective and efficient oversight and
monitoring of the PBRA program and maintains safe, stable, and
affordable housing for the over 1,200,000 households living in
PBRA properties across the country. In addition, the agreement
urges HUD to assess the effectiveness of using resident surveys
as a tool to help PBCAs conduct effective oversight.
HOUSING FOR THE ELDERLY
The agreement provides $1,075,000,000 for the section 202
program, to remain available until September 30, 2026, of which
up to $120,000,000 shall be for service coordinators and the
continuation of existing congregate service grants. Of the
total, up to $110,000,000 is for new capital advance and
project rental assistance contracts, of which up to $25,000,000
is for the expansion of intergenerational dwelling units, and
$6,000,000 is to support preservation transactions of housing
for the elderly originally developed by a capital advance and
assisted by a project rental assistance contract.
Service coordinators.--The agreement directs the Department
to implement all recommendations from the GAO report entitled
``Elderly Housing: HUD Should Do More to Oversee Efforts to
Link Residents to Services'' [GAO-16-758] and continue to keep
the House and Senate Committees on Appropriations updated on
the status of the action plan to implement these outstanding
GAO recommendations.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $360,000,000 for the section 811
program, to remain available until September 30, 2026. This
includes up to $148,300,000 for new project rental assistance
[PRA] and capital advance awards.
Individuals with intellectual and developmental
disabilities.--The agreement directs HUD to continue to
prioritize projects targeting and serving individuals with
intellectual and developmental disabilities who have been
receiving care through family members when awarding the new PRA
funds provided in this act. The agreement directs HUD to
coordinate with Federal partners, including HHS, and other
public, private, and non-profit stakeholders to review existing
programs and regulations to identify gaps in services and
existing barriers to stable housing and to provide a briefing
to the House and Senate Committees on Appropriations with its
findings and recommendations within 280 days of enactment of
this act. The agreement further directs HUD to encourage
applicants to demonstrate connections with state Medicaid or
human services agencies that provide ongoing supportive
services for residents with mental disabilities in its NOFO for
the section 811 capital advance program.
HOUSING COUNSELING ASSISTANCE
The agreement provides $57,500,000 for housing counseling,
including up to $4,500,000 for administrative contract
services, to remain available until September 30, 2024.
Homeownership counseling.--The agreement directs that not
less than $5,000,000 of the funds provided for the housing
counseling grant program is for post-purchase homeownership
counseling.
Real estate wire fraud.--The agreement directs HUD to brief
the House and Senate Committees on Appropriations on their
efforts to educate consumers on real estate wire fraud within
30 days of enactment of this act.
Housing counseling agency partnerships with minority-
serving institutions [MSIs].--The agreement directs that not
less than $3,000,000 of the funds provided for the housing
counseling grant program are for housing counseling agencies to
partner with historically black colleges and universities,
Tribal colleges and universities, and other MSIs.
Outreach to diverse and historically underserved
communities.--The agreement encourages HUD to expand outreach
to diverse and historically underserved communities, including
Asian-Pacific, Latino(s), Black, Native Alaskan, Native
Hawaiian, Tribal, and rural communities. Such outreach efforts
should include culturally sensitive and linguistically
appropriate service delivery, materials, and educational
initiatives.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $14,000,000 for the manufactured
housing standards programs, of which $14,000,000 is to be
derived from fees collected and deposited in the manufactured
housing fees trust fund. The agreement directs that not more
than $4,500,000 shall be for the monitoring of manufacturers'
compliance with construction and safety standards by third-
party inspection agencies.
Manufactured housing consensus committee construction and
safety standards backlog.--The agreement directs HUD to
prioritize clearing the backlog of unpublished manufactured
housing consensus committee recommendations and to publish the
fourth and fifth sets of standards no later than 30 days after
the enactment of this act.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement sets a limit of up to $400,000,000,000 on
commitments to guarantee single-family loans and provides
$150,000,000 for administrative contract expenses, which shall
be available until September 30, 2024.
Home equity conversion mortgage [HECM].--The agreement
recognizes that the Federal Housing Administration [FHA]
published ``Mortgagee Letter 2022-15, Update HECM Program
Requirements for Notice of Due and Payable Status'' in August
2022 and therefore does not include the direction in House
Report 117-402 on HECM.
Home equity accelerator loan [HEAL] pilot.--The agreement
does not include additional credit subsidy for the proposed
HEAL pilot, as requested in the budget request.
FHA financing guidelines for manufactured housing.--The
agreement directs the Department to continue to review its
financing guidelines for all of its manufactured housing
mortgage programs to modernize policies to reflect today's
market and improve the availability of this housing financing
option.
Institutional investment in single-family housing.--The
agreement directs HUD to maintain its efforts to prioritize
governmental entities and nonprofits in FHA note sales to
counter recent trends of increasing concentration of
institutional financial investment in single-family housing.
The agreement also directs the GAO to study and issue a report
on the prevalence and location of institutional investors in
single-family housing, the types of institutional investors
involved, and the impacts of such investments on both the
housing market and on the tenants residing in the homes. The
agreement directs the GAO to brief the House and Senate
Committees on Appropriations on proposed scope and timeline of
this report no later than 180 days after enactment of this act
and to submit the final report to the Committees upon
completion.
Barriers to small-dollar mortgages.--The agreement directs
HUD to brief the House and Senate Committees on Appropriations
within 120 days of enactment of this act on the feedback it
receives on the recently published ``Request for Information
Regarding Small Mortgage Lending'' and on any further analysis
it conducts on alternative price points, including but not
limited to $200,000.
Action plan to advance property appraisal and valuation
equity.--The agreement directs HUD to provide a briefing to the
House and Senate Committees on Appropriations within 120 days
of enactment of this act on its priorities for action to reduce
bias in the home appraisal system and any timelines established
for such actions.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement sets a limit of up to $35,000,000,000 on
multifamily and specialized loan guarantees and provides that
such commitment authority shall be available until September
30, 2024.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
The agreement sets a limit of up to $900,000,000,000 for
new commitments and provides $40,400,000 for salaries and
expenses for the Government National Mortgage Association,
which shall be available until September 30, 2024.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The bill provides $145,400,000 for research and technology
activities and technical assistance, to remain available until
September 30, 2024. Funding is provided in the amounts shown in
the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Core research and technology............................ up to
$71,000,000
[Innovation activities]............................... [500,000]
[Cooperative agreements and research partnerships with [5,000,000]
HBCUs]...............................................
[Cooperative agreements and research partnerships with [5,000,000]
HSIs]................................................
Legal assistance to low-income tenants at risk of or $20,000,000
subject to eviction....................................
Research, evaluations, and demonstrations............... 10,000,000
Technical assistance.................................... not less than
$41,900,000
[Violence Against Women Act technical assistance]..... [5,000,000]
[Thriving communities program].......................... [up to
$2,500,000]
[Distressed areas].................................... [up to
$5,000,000]
[Manufactured housing communities].................... [up to
$2,500,000]
[Recovery housing].................................... [up to
$2,500,000]
Total............................................... 145,400,000
------------------------------------------------------------------------
Core research and technology.--The agreement provides up to
$71,000,000 for core research and technology including: market
surveys, research support and dissemination, data acquisition,
housing finance studies, research partnerships, housing
technology, of which $500,000 is for innovation activities,
$5,000,000 is for cooperative agreements and research
partnerships with historically black colleges and universities,
and $5,000,000 is for cooperative agreements and research
partnerships with Hispanic serving institutions.
Legal assistance.--The agreement provides $20,000,000, to
remain available until September 30, 2025, for competitive
grants to nonprofit or government entities to provide legal
assistance to low-income tenants at risk of or subject to
eviction. The agreement encourages HUD to provide some awards
to those who did not receive previous awards in fiscal year
2021 and fiscal year 2022 and promote geographic diversity in
these awards.
Research, evaluations, and demonstrations.--The agreement
provides $10,000,000 for research, demonstrations, and
evaluations. Included in this total is the continuation of the
following research and evaluations: housing choice voucher
community choice demonstration; moving-to-work expansion; HUD-
DOJ pay for success long term evaluation; family options long
term tracking study; and older adult homes modification program
evaluation.
Technical assistance.--The agreement provides no less than
$41,900,000 for technical assistance. Of this amount,
$5,000,000 is for training and technical assistance on VAWA
housing protections for survivors of domestic violence, dating
violence, sexual assault, and stalking, including culturally
specific organizations providing culturally specific services
to survivors of domestic violence, dating violence, sexual
assault, and stalking. Within the total for technical
assistance, up to $5,000,000 shall be available on a
competitive basis to non-profit or private sector organizations
to provide technical assistance, including outreach efforts to
local governments with persistent poverty tracts in their
jurisdiction, to units of general local government or non-
profit organizations that serve distressed areas, prioritizing
applications from jurisdictions containing persistent poverty
census tracts that have had 20 percent or more of the
population living in poverty as measured by the 1990 and 2000
decennial census and the most recent five-year data series
available from the American community survey of the Census
Bureau, and any territory or possession of the United States.
In addition, of the amount provided for technical assistance,
up to $2,500,000 shall be used by HUD to work with DOT to
ensure housing and infrastructure development is taken into
consideration as part of the thriving communities program. Up
to $2,500,000 of the amount provided for technical assistance
is for recipients of grants under the heading ``Preservation
and Reinvestment Initiative for Community Enhancement''
[PRICE], including training and technical assistance on
environmental reviews for the National Environmental Policy Act
and related Federal environmental laws and authorities in
support of HUD programs under this title, including the PRICE
program. Of the amounts provided under this heading for
technical assistance, up to $2,500,000 shall be used on a
competitive basis for a non-profit, in collaboration with a
college or school of public health, that has expertise and
experience in providing technical assistance and research in
recovery housing and focuses on homeless and justice involved
individuals utilizing blended funding and an intervention model
with demonstrated outcomes, to provide direct technical
assistance to communities and promote the development of
evidence based recovery housing for substance use disorder
intervention.
Office of Innovation.--The agreement does not include
direction relating to the Office of Innovation included in
House Report 117-402. Instead, the agreement encourages the
Office of Innovation to challenge the affordable housing
industry to substantially drive down the cost of affordable
housing design and production, including consideration of
modular housing development.
Aging-in-place.--To the extent funds are available, the
agreement directs HUD to research housing technologies that
enable aging-in-place strategies.
Fair market rents [FMRs].--The agreement expects the
Department to continue to evaluate alternative data sources,
including those used by PHAs for rent comparability studies,
for use in calculating FMRs and in appealing FMRs in order to
identify data sources that are timely, reflective of the
market, and cost effective. The agreement directs HUD to
identify methods to decrease the cost burden of locally funded
surveys on PHAs, including by clarifying when the lifecycle of
an accepted private rent surveys can be up to 5 years, by
identifying acceptable online data sources for use in rent
comparability studies, and by clarifying the 100 recent movers
sample size for surveys in rural areas. The agreement strongly
encourages HUD, to the extent permissible under current
regulations, to set FMRs at no lower than the previous year's
level for an FMR area, unless the Department has sufficient
local data to justify such a change. The agreement directs HUD
to report to the House and Senate Committees on Appropriations
within 90 days of the enactment of this act on strategies to
improve data, to better forecast rents in communities that are
habitually miscalculated, and decrease the cost of private
rental surveys. Additionally, the Department shall report on
the potential impact of expanding PHAs' ability to set payment
standards from 110 percent of FMR to 120 percent of FMR if PHAs
provide rent comparability studies that illustrate HUD-
calculated FMRs are lower than actual market rates, or of
increasing the FMR above the 40th percentile of gross rents.
VAWA study.--The agreement directs HUD to complete the
study and report on housing and service needs of survivors of
trafficking and individuals at risk for trafficking, as
required by section 606 of the VAWA Reauthorization Act of
2022. The agreement further directs HUD to submit this study
and report to the House and Senate Committees on Appropriations
not later than September 15, 2023.
Area median incomes [AMI].--The agreement directs HUD to
report to the House and Senate Committees on Appropriations
within 180 days of enactment of this act on how using a
national AMI for nonmetropolitan areas as a floor would impact
rent calculations in and the administration of any programs
using income limits to set rents.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The agreement provides $86,355,000 for fair housing
activities, to remain available until September 30, 2024. This
includes $56,000,000 for the fair housing initiatives program
[FHIP], $26,000,000 for the fair housing assistance program,
$3,000,000 for the national fair housing training academy, and
$1,355,000 for translated materials. Of the funds available for
FHIP, not less than $10,400,000 is for education and outreach
programs, and not less than $3,700,000 is for fair housing
organization initiatives. The directive in House Report 117-402
related to outreach to certain protected classes is modified to
instead direct HUD to raise awareness of the rights and
protections under the Fair Housing Act for all protected
classes and report to the House and Senate Committees on
Appropriations on its progress.
Appraisals.--The agreement supports HUD's efforts to reduce
bias in the home appraisal system through the education and
outreach initiative and the national fair housing training
academy.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $410,000,000 for lead hazard control
and healthy homes programs, to remain available until September
30, 2025. Of the amount provided, not less than $95,000,000 is
available for lead-based paint hazard reduction in
jurisdictions with the highest lead-based paint abatement needs
and $85,000,000 is available for the healthy homes initiative
[HHI].
Aging-in-place home modification grants.--The agreement
includes $30,000,000 within the HHI for aging-in-place home
modification grants in order to enable low-income seniors
(persons who are 62 years of age or older) to remain in their
homes through low-cost, high-impact home modifications. The
intended beneficiaries of these grants are low-income seniors
living in homes that are not receiving project-based rental
assistance, and HUD shall ensure the use of funds appropriated
reflects that intent. In designing the NOFO for this program,
HUD is directed to continue to take into account successful
models of low-barrier, participant-led, holistic approaches to
aging-in-place. The agreement continues to direct HUD to track
the outcomes of seniors whose homes have been modified in order
to better understand the effectiveness of this funding in
reducing at-home falls, hospitalizations, and emergency
response calls, as well as improving independence and tenure in
home over time.
Radon testing and mitigation resident safety
demonstration.--The agreement includes $5,000,000 for radon
testing and mitigation activities in public housing units as
proposed in the fiscal year 2023 budget request. The Office of
Lead Hazard Control and Healthy Homes [OLHCHH] shall coordinate
with the Office of Public and Indian Housing [PIH] throughout
the length of the demonstration to ensure proper engagement and
communication with the impacted PHAs. The agreement directs HUD
to address the open recommendations in the 2021 HUD Office of
Inspector General's evaluation of HUD Program Offices' Policies
and Approaches for Radon [Report Number: 2020--OE--0003].
Additionally, the agreement continues to direct HUD to complete
the objectives regarding healthy homes activities in the EPA's
final Federal radon action plan scorecard issued in 2016, which
has been subsumed into the broader public-private national
radon action plan led by the American Lung Association.
Improving the lead grant application process.--The
agreement appreciates the efforts undertaken by HUD to simplify
the application process and encourage applicants and grantees
to develop and utilize public-private partnerships as a means
to leverage capital, as well as assist with grant and project
management. The agreement directs HUD to continue to improve
the NOFOs to encourage more grantees to apply, especially those
that may not have access to professional grant writers.
Additionally, HUD shall continue to clearly state in the NOFO
that an application may include non-profit co-applicants,
provided that an eligible city, county/parish, other unit of
local government, or eligible state or Native American Tribe
are identified as the lead or co-applicant.
Weatherization assistance program.--Homes are often
eligible for assistance under the Department of Energy's
[DOE's] weatherization assistance program [WAP] and HUD's lead-
based paint hazard control grant program. The agreement
supports OLHCHH's participation in the interagency working
group on healthy homes and energy. OLHCHH is encouraged to
continue to leverage partnerships between DOE, WAP grantees,
and sub-grantees to perform window removal and installation
work in older low-income housing. HUD is directed to collect
information on how many units benefit from this coordination
and quantify how this coordination has reduced costs for
hardware and labor. HUD is directed to provide this information
to the House and Senate Committees on Appropriations no later
than 180 days after the end of each grant cycle on an annual
basis.
Lead hazard reduction demonstration and lead hazard control
grant per-unit consultation threshold.--To ensure lead hazard
remediation funds are spent appropriately, efficiently, and
effectively, HUD has established a threshold of $20,000 per
unit for its grantees to consult with HUD and review proposed
high-cost remediations. The agreement is supportive of HUD's
work to ensure effective use of the grant funding provided and
also recognizes that the current consultation threshold was set
in 2014. Therefore, the agreement encourages HUD to undertake a
review of the threshold and related policy guidance to grantees
to determine if any updates are warranted.
Information Technology Fund
The agreement provides $374,750,000 for the information
technology fund, to remain available until September 30, 2025,
of which up to $23,950,000 is available for development,
modernization, and enhancement [DME] projects.
Major modernization project priorities.--The agreement
includes $20,800,000 in DME funding for the following projects,
which it designates as major modernization projects: FHA IT
modernization, PIH IT modernization, network enterprise zero
trust solution, electronic special needs assistance programs
[esnaps], and financial management modernization [LOCCS]. The
agreement does not fully fund the request for the network
enterprise zero trust solution, but supports HUD's efforts to
initiate this work and develop a comprehensive roadmap for
moving toward a zero trust architecture. Not more than
$2,080,000 of this amount may be obligated until the plan
required by the bill is approved. Considering the current
balances and state of progress in FHA's single-family IT
systems, the funds for FHA IT modernization are provided to
complete the automated underwriting system. The House and
Senate Committees on Appropriations expect the Department to
continue to prioritize progress on FHA's single-family IT
systems in fiscal year 2023, and expects HUD to provide
sustained executive-level attention to advancing and completing
FHA catalyst for single-family mortgages.
Non-major modernization project priorities.--The agreement
includes $3,150,000 in DME funding for the following projects,
which it designates as non-major modernization projects:
enterprise geographic information system [eGIS] and acquisition
tool. Not more than $315,000 of this amount may be obligated
until the plan required by the bill is approved. The agreement
directs the Office of Community Planning and Development to
update the House and Senate Committees on Appropriations
immediately if additional resources, beyond those provided in
fiscal year 2022, are needed for IT modifications to adequately
support economic development initiatives.
IT reporting and oversight.--The House and Senate
Committees on Appropriations acknowledge the significant
improvement in the level of detail provided by HUD in its
congressional justifications in fiscal year 2023, and directs
HUD to continue to: (1) delineate between funding for
operations and maintenance and DME, including planning; (2)
consistent with OMB guidance, summarize spending by major, non-
major, and standard IT investments; and (3) include plain
language summaries of proposed DME projects, total costs and
savings potential, and target functionality and mission
benefits. HUD is reminded that the act requires updated reports
on a quarterly basis to the House and Senate Committees on
Appropriations on all DME projects, with additional detail on
major modernization projects. However, this did not occur in
fiscal year 2022, and HUD was inconsistent in notifying the
Committees of major scope changes and cost increases in a
timely and transparent manner. The agreement directs the
Department to brief the House and Senate Committees on
Appropriations within 30 days of enactment of this act on its
plans to improve the timeliness, format, and clarity of its
reports and updates in a manner that meets the Committees'
needs. The agreement also directs HUD to continue clarifying
its reasoning for requests funded through the IT fund, the WCF,
and individual salaries and expenses accounts.
Unplanned IT needs.--The agreement allows individual
offices to transfer salaries and expenses amounts, up to
$500,000 from each office and no more than $5,000,000 in total,
to the IT fund to address unplanned costs or priority
modifications of IT systems. Transferred funds must primarily
benefit the office from which the funds are transferred. Any
project or activity funded will not have known out-year DME
costs in excess of $500,000 and should have minimal impact on
annual operations and maintenance costs. The agreement directs
the Department to brief the House and Senate Committees on
Appropriations within 30 days of enactment of this act to
ensure a clear common understanding of the Committees'
expectations and the policies HUD will put in place to avoid
misuse of this authority. The agreement directs that this
authority is not to be used to allocate costs across offices
for departmental-wide IT needs.
Office of Inspector General
The agreement provides $146,000,000 for the salaries and
expenses of the Office of Inspector General.
Audit reports.--The Office of Inspector General is expected
to continue to provide copies of all audit reports to the House
and Senate Committees on Appropriations immediately upon
issuance and to make the Committees aware of any review that
recommends significant budgetary savings.
Contracting audits of annual financial statements.--The
agreement directs the Office of Inspector General to continue
to rely on an independent external auditor, or auditors, to
audit the financial statements of the Department, including the
financial statements of FHA and Ginnie Mae.
Reorganization.--The agreement approves the organizational
changes identified on page 52-7 of the fiscal year 2023
congressional budget justification.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
Section 201 splits overpayments evenly between the Treasury
and state HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 exempts the Government National Mortgage
Association from certain requirements of the Federal Credit
Reform Act of 1990.
Section 209 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 210 sets forth certain requirements for section 8
eligibility and includes consideration for persons with
disabilities.
Section 211 distributes Native American housing block
grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 212 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 213 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 214 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 215 requires that no employee of the Department be
designated as an allotment holder unless the CFO determines
that such employee has received certain training.
Section 216 requires the Secretary to notify the public of
notices of funding opportunity for competitively awarded funds,
and establishes how such notification may occur.
Section 217 requires attorney fees for programmatic
litigation to be paid from the individual program office and
the Office of General Counsel salaries and expenses
appropriations.
Section 218 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Offices'' to any other office funded under such
headings.
Section 219 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 220 places a salary and bonus limit on public
housing agency officials and employees.
Section 221 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced, and requires such
notification to include state and congressional district
information.
Section 222 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 223 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 224 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be re-obligated for additional research.
Section 225 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 226 allows program income as an eligible match for
2015 through 2023 continuum of care funds.
Section 227 permits HUD to provide one year transition
grants under the continuum of care program.
Section 228 maintains current promise zone designations and
agreements.
Section 229 clarifies the use of funds for the family self-
sufficiency program.
Section 230 addresses the establishment of reserves for
public housing agencies designated as MTW agencies.
Section 231 prohibits funds from being used to make certain
eligibility limitations as part of a notice of funding
opportunity for competitive grant awards under the public
housing fund.
Section 232 prohibits funds from being used to issue rules
or guidance in contravention of section 1210 of Public Law 115-
254 (132 Stat. 3442) or section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Section 233 extends the time period for the liquidation of
valid obligations for the choice neighborhoods initiative
program in Public Law 114-113.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 235 addresses the manner in which HUD may make
adjustments for formula allocation corrections.
Section 236 allows the Secretary to make rent adjustments
under certain conditions, and extends the mark-to-market
program to October 1, 2027.
Section 237 allows for limited transfers of salaries and
expenses funding to the information technology fund.
Section 238 extends the time period for the liquidation of
valid obligations for the lead hazard reduction program in
Public Law 116-6.
Section 239 states that the Secretary shall comply with all
process requirements when revising any annual contributions
contract.
Section 240 prohibits the use of funds to carry out
customer experience activities within the Office of the
Assistant Chief Financial Officer for Budget.
TITLE III
RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $9,850,000 for salaries and
expenses.
Federal Maritime Commission
SALARIES AND EXPENSES
The bill provides $38,260,000, of which $2,000,000 shall
remain available until September 30, 2024, for the salaries and
expenses of the Federal Maritime Commission [FMC], consistent
with the authorized funding level in the Ocean Shipping Reform
Act of 2022 (Public Law 117-146). Of the funds provided, not
more than $3,500 shall be available for official reception and
representation expenses and up to $543,615 is available for the
FMC Office of Inspector General.
Recognizing the long-term implications posed by global
supply chain disruptions and the effects thereof, the agreement
provides funding above the budget request to assist the FMC in
implementing Public Law 117-146 and in executing its
authorities as delineated in 46 U.S.C. 40101 through 44106 and
46 U.S.C. 3503. The FMC is directed to brief the House and
Senate Committees on Appropriations no later than 90 days after
enactment of this act detailing its plans for the additional
resources. Further, the agreement directs the FMC to implement
Public Law 117-146 expeditiously and to provide regular updates
to the House and Senate Committees on Appropriations on its
efforts to implement Public Law 117-146.
National Railroad Passenger Corporation Office of Inspector General
SALARIES AND EXPENSES
The bill provides $27,935,000 for the salaries and expenses
of the National Railroad Passenger Corporation Office of
Inspector General.
National Transportation Safety Board
SALARIES AND EXPENSES
The bill provides $129,300,000 for the salaries and
expenses of the National Transportation Safety Board [NTSB].
Memorandum of agreement [MOA].--The agreement recognizes
that the NTSB and the FAA entered into a MOA concerning
commercial space mishap investigations on September 9, 2022,
and therefore does not include the direction in House Report
117-402 on the MOA.
Recommendations to the DOT.--The agreement directs the NTSB
to continue to provide the compliance report required under 49
U.S.C. 1135(e).
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The agreement provides $170,000,000 for the Neighborhood
Reinvestment Corporation [NRC]. Within the total, the bill
provides $4,000,000 to remain available until September 30,
2026, for the promotion and development of shared equity
housing models.
Grant notifications.--The agreement directs the NRC to
provide at least three days' advance notice to the House and
Senate Committees on Appropriations prior to the announcement
of any grant exceeding $50,000 that is awarded to a NRC network
organization.
Rural areas.--The agreement urges the NRC to continue
capacity-building initiatives in rural areas.
Multilingual training courses.--The agreement directs the
NRC to continue surveying the NRC network to determine whether
there is sufficient need for additional professional
development and certification training courses for nonprofit
community development staff to be offered in additional
languages. The agreement encourages the NRC to develop new
courses, including translated materials, to meet those needs.
Shared equity homeownership.--Of the $4,000,000 provided
for shared equity, the NRC is directed to invest $1,000,000 in
technical assistance and $3,000,000 for capital grants for
affiliates to bring new homes into their existing shared equity
portfolios. The agreement directs the NRC to invest in at least
one recipient that serves a rural area or a city with a
population under 50,000 that has demonstrated success in
managing a shared equity portfolio. The agreement directs the
NRC to work with affiliate organizations with extensive
experience in offering shared equity homeownership
opportunities as technical assistance providers.
Surface Transportation Board
SALARIES AND EXPENSES
The bill provides $41,429,000 for the salaries and expenses
of the Surface Transportation Board [STB]. The bill permits the
collection of up to $1,250,000 in user fees to be credited to
this appropriation and provides that the general fund
appropriation be reduced on a dollar-for-dollar basis by the
actual amount collected in user fees to result in a final
appropriation from the general fund estimated at not more than
$40,179,000.
On-time performance.--The agreement approves the STB's
budget request regarding the Office of Passenger Rail and
provides not more than $1,000,000 for the Office of Passenger
Rail, including up to four full-time equivalents to assist with
passenger rail activities and other activities as appropriate
and as determined by the STB.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The agreement provides $4,000,000 for operating expenses of
the U.S. Interagency Council on Homelessness [USICH]. The
agreement recognizes that USICH has transmitted a report on
partnerships between schools and housing agencies and does not
include the related direction in House Report 117-402.
Mental health care and homeless populations.--The agreement
recognizes the importance of providing comprehensive care to
individuals experiencing severe mental illnesses and
homelessness. The agreement directs USICH to provide a briefing
to the House and Senate Committees on Appropriations on the
specific actions included in the Federal strategic plan towards
this goal of addressing mental health among homeless
populations within 90 days of enactment of this act.
Documentation barriers for people experiencing
homelessness.--The agreement recognizes that homeless
individuals and families face logistical barriers in receiving
assistance, particularly with regards to identifying and
eligibility documentation. The agreement directs USICH to brief
the House and Senate Committees on Appropriations within 90
days of enactment of this act on the specific actions included
in the Federal strategic plan regarding documentation barriers.
Implementation of best practices.--The agreement directs
USICH to ensure best practices and evidence-based conclusions
are central to any technical assistance and recommendations
released by the agency.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds 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.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed 50 percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2024, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations act.
Section 409 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 410 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 411 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41, CFR.
Section 412 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 413 caps the amount of fees the STB can charge or
collect for rate or practice complaints filed at the amount
authorized for district court civil suit filing fees.
Section 414 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 415 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 416 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 417 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 418 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 419 prohibits funds made available by this act to
the DOT from being used in contravention of 54 U.S.C. 306108.
Section 420 extends the availability of certain funding.
Section 421 makes technical corrections to division L of
Public Law 117-103.
Section 422 prohibits the use of funds by HUD to issue a
solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled
``Housing Assistance Payments (HAP) Contract Support Services
(HAPSS)''.
Section 423 makes a technical correction to a highway
designation.
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 M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II
Grants'', $50,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For an additional amount for ``McGovern-Dole Food for
Education and Child Nutrition Program Grants'', $5,000,000, to
remain available until expended.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$54,252,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses,
including for hardship duty pay.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,386,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses,
including for hardship duty pay.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', to remain available until September 30, 2023,
$1,400,000, to respond to the situation in Ukraine and for
related expenses, including for hardship duty pay.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $31,028,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses, including for hardship duty pay.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space
Force'', $3,663,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses, including for hardship duty pay.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $3,020,741,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $871,410,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $14,620,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and
for related expenses.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $580,266,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance,
Space Force'', $8,742,000, to remain available until September
30, 2023, to respond to the situation in Ukraine and for
related expenses.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $21,160,737,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and
for related expenses: Provided, That of the total amount
provided under this heading in this Act, $9,000,000,000, to
remain available until September 30, 2024, shall be for the
Ukraine Security Assistance Initiative: Provided further, That
such funds for the Ukraine Security Assistance Initiative shall
be available to the Secretary of Defense under the same terms
and conditions as are provided for in section 8110 of the
Department of Defense Appropriations Act, 2023: Provided
further, That the Secretary of Defense may accept and retain
contributions, including money, personal property, and
services, from foreign governments and other entities, to carry
out assistance authorized for the Ukraine Security Assistance
Initiative under this heading in this Act: Provided further,
That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the
obligation of any contribution, delineating the sources and
amounts of the funds received and the specific use of such
contributions: Provided further, That contributions of money
for the purposes provided herein from any foreign government or
other entity may be credited to this account, to remain
available until September 30, 2024, and used for such purposes:
Provided further, That of the total amount provided under this
heading in this Act, up to $11,880,000,000, to remain available
until September 30, 2024, may be transferred to accounts under
the headings ``Operation and Maintenance'' and ``Procurement''
for replacement of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense
services of the Department of Defense and military education
and training, provided to the Government of Ukraine or to
foreign countries that have provided support to Ukraine at the
request of the United States: Provided further, That funds
transferred pursuant to the preceding proviso 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 the Secretary of Defense
shall notify the congressional defense committees of the
details of such transfers not less than 15 days before any such
transfer: 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 and merged with this appropriation:
Provided further, That the transfer authority provided herein
is in addition to any other transfer authority provided by law.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$354,000,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for related expenses.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $687,000,000, to remain available until September 30,
2025, for expansion of public and private plants, including the
land necessary therefor, and procurement and installation of
equipment appliances, and machine tools in such plants, for the
purpose of increasing production of critical munitions to
replace defense articles provided to the Government of Ukraine
or foreign countries that have provided support to Ukraine at
the request of the United States.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,000,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for related expenses.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $730,045,000, to remain available until September 30,
2025, to respond to the situation in Ukraine and for related
expenses.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$3,326,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $5,800,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and
for related expenses.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $38,500,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and
for related expenses.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $185,142,000, to remain available
until September 30, 2024, to respond to the situation in
Ukraine and for related expenses.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $89,515,000, to remain
available until September 30, 2024, to respond to the situation
in Ukraine and for related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$14,100,000, to remain available until September 30, 2023,
which shall be for operation and maintenance, to respond to the
situation in Ukraine and for related expenses.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $6,000,000, to remain available until September 30,
2023, which shall be for operation and maintenance, to carry
out reviews of the activities of the Department of Defense to
execute funds appropriated in this title, including assistance
provided to Ukraine: Provided, That the Inspector General of
the Department of Defense shall provide to the congressional
defense committees a briefing not later than 90 days after the
date of enactment of this Act.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $75,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine and
for related expenses.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit a report
to the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives and the
Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate on measures being taken to account for
United States defense articles designated for Ukraine since the
February 24, 2022, Russian invasion of Ukraine, particularly
measures with regard to such articles that require enhanced
end-use monitoring; measures to ensure that such articles reach
their intended recipients and are used for their intended
purposes; and any other measures to promote accountability for
the use of such articles: Provided, That such report shall
include a description of any occurrences of articles not
reaching their intended recipients or used for their intended
purposes and a description of any remedies taken: Provided
further, That such report shall be submitted in unclassified
form, but may be accompanied by a classified annex.
Sec. 1202. Not later than 30 days after the date of
enactment of this Act, and every 30 days thereafter through
fiscal year 2024, the Secretary of Defense, in coordination
with the Secretary of State, shall provide a written report to
the Committees on Appropriations, Armed Services, and Foreign
Affairs of the House of Representatives and the Committees on
Appropriations, Armed Services, and Foreign Relations of the
Senate describing United States security assistance provided to
Ukraine since the February 24, 2022, Russian invasion of
Ukraine, including a comprehensive list of the defense articles
and services provided to Ukraine and the associated authority
and funding used to provide such articles and services:
Provided, That such report shall be submitted in unclassified
form, but may be accompanied by a classified annex.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Nuclear Energy
For an additional amount for ``Nuclear Energy'',
$300,000,000, to remain available until expended: Provided,
That of the amount provided under this heading in this Act,
$100,000,000 shall be for Advanced Nuclear Fuel Availability:
Provided further, That of the amount provided under this
heading in this Act, $60,000,000 shall be to carry out the
demonstrations of the Advanced Reactor Demonstration Program:
Provided further, That of the amount provided under this
heading in this Act, $20,000,000 shall be to carry about
activities for the National Reactor Innovation Center: Provided
further, That of the amount provided under this heading in this
Act, $120,000,000 shall be to carry about activities for the
Risk Reduction for Future Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'', $126,300,000, to remain available until
expended, to respond to the situation in Ukraine and for
related expenses.
GENERAL PROVISION--THIS TITLE
Sec. 1301. (a) Of the unobligated balances from amounts
deposited in the SPR Petroleum Account pursuant to section
167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6247(b)(3)), $10,395,000,000 is hereby permanently rescinded
not later than September 30, 2023.
(b) Section 403(a) of the Bipartisan Budget Act of 2015
(Public Law 114-74) is amended by adding ``and'' after the
semicolon in paragraph (5), striking the semicolon in paragraph
(6) and inserting a period, and striking paragraphs (7) and
(8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114-94)
is amended by adding ``and'' after the semicolon in
subparagraph (A), striking the semicolon in subparagraph (B)
and inserting a period, and striking subparagraphs (C) and (D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018
(Public Law 115-123) is amended by striking the word
``Reserve'' and everything that follows and adding the
following: ``Reserve 30,000,000 barrels of crude oil during the
period of fiscal years 2022 through 2027.''.
TITLE IV
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council and Homeland Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$1,000,000, to remain available until expended, for necessary
expenses of the National Security Council.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant
Assistance'', $2,400,000,000, to remain available until
September 30, 2024: Provided, That amounts made available under
this heading in this Act may be used for grants or contracts
with qualified organizations, including nonprofit entities, to
provide culturally and linguistically appropriate services,
including wraparound services, housing assistance, medical
assistance, legal assistance, and case management assistance:
Provided further, That amounts made available under this
heading in this Act may be used by the Director of the Office
of Refugee Resettlement (Director) to issue awards or
supplement awards previously made by the Director: Provided
further, That the Director, in carrying out section
412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1522(c)(1)(A)) with amounts made available under this heading
in this Act, may allocate such amounts among the States in a
manner that accounts for the most current data available.
GENERAL PROVISION--THIS TITLE
Sec. 1501. Subsection (a)(1)(A) of section 2502 of the
Afghanistan Supplemental Appropriations Act, 2022 (division C
of Public Law 117-43) is amended by striking ``September 30,
2022'' and inserting ``September 30, 2023''.
TITLE VI
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$7,500,000, to remain available until expended, for oversight
of the amounts provided in division N of Public Law 117-103,
Public Law 117-128, division B of Public Law 117-180, and this
Act.
TITLE VII
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$147,054,000, to remain available until September 30, 2024, of
which not less than $60,000,000 shall be made available to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$5,500,000, to remain available until September 30, 2024.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$5,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$8,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $937,902,000, to remain available until expended,
of which not less than $300,000,000 shall be made available to
respond to humanitarian needs in Ukraine and in countries
impacted by the situation in Ukraine, including the provision
of emergency food and shelter, and for assistance for other
vulnerable populations and communities, including through local
and international nongovernmental organizations.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$50,000,000, to remain available until expended, for assistance
for Ukraine and countries impacted by the situation in Ukraine.
economic support fund
For an additional amount for ``Economic Support Fund'',
$12,966,500,000 to remain available until September 30, 2024,
for assistance for Ukraine and countries impacted by the
situation in Ukraine, which may include budget support:
Provided, That funds appropriated under this heading in this
Act may be made available notwithstanding any other provision
of law that restricts assistance to foreign countries and may
be made available as contributions.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia
and Central Asia'', $350,000,000, to remain available until
September 30, 2024, for assistance and related programs for
Ukraine and other countries identified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5402(c)).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $1,535,048,000, to remain available until
expended, of which not less than $620,000,000 shall be made
available to address humanitarian needs in, and to assist
refugees from, Ukraine, and for additional support for other
vulnerable populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $374,996,000, to remain
available until September 30, 2024, of which not less than
$300,000,000 shall be for assistance for Ukraine and countries
impacted by the situation in Ukraine.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $105,000,000, to
remain available until September 30, 2024, for assistance for
Ukraine and countries impacted by the situation in Ukraine.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $80,000,000, to remain available until September 30,
2024: Provided, That such funds may be made available for the
costs, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans and loan guarantees, if otherwise
authorized by any provision of law: Provided further, That such
costs may include the costs of selling, reducing, or cancelling
any amounts owed to the United States or any agency of the
United States: Provided further, That the gross principal
balance of such direct loans shall not exceed $2,000,000,000,
and the gross principal balance of guaranteed loans shall not
exceed $2,000,000,000: Provided further, That the Secretary of
State may use amounts charged to the borrower as origination
fees to pay for the cost of such loans.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 1701. During fiscal year 2023, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be
applied by substituting ``$14,500,000,000'' for
``$100,000,000''.
Sec. 1702. During fiscal year 2023, section 506(a)(2)(B) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B))
shall be applied by substituting ``$400,000,000'' for
``$200,000,000'' and by substituting ``$150,000,000'' for
``$75,000,000'' in clause (i).
Sec. 1703. During fiscal year 2023, section 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be
applied by substituting ``$50,000,000'' for ``$25,000,000''.
Sec. 1704. (a) Funds appropriated by this title under the
heading ``Diplomatic Programs'' may be transferred to, and
merged with, funds available under the heading ``Capital
Investment Fund'' to respond to the situation in Ukraine and in
countries impacted by the situation in Ukraine.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' may be transferred to, and merged with,
funds appropriated by this title under such headings to respond
to humanitarian needs in Ukraine and in countries impacted by
the situation in Ukraine and for assistance for other
vulnerable populations and communities.
(c) Funds appropriated by this title under the heading
``Economic Support Fund'' may be transferred to, and merged
with, funds available under the headings ``United States
International Development Finance Corporation--Corporate
Capital Account'', ``United States International Development
Finance Corporation--Program Account'', ``Export-Import Bank of
the United States--Program Account'', and ``Trade and
Development Agency'' to respond to the situation in Ukraine and
in countries impacted by the situation in Ukraine.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to respond to the situation in
Ukraine and in countries impacted by the situation in Ukraine.
(e) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(f) The exercise of the transfer authorities provided by this
section shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(g) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
Sec. 1705. (a) Funds appropriated by this title may be made
available for direct financial support for the Government of
Ukraine, including for Ukrainian first responders, and may be
made available as a cash transfer subject to the requirements
of subsection (b): Provided, That such funds shall be provided
on a reimbursable basis and matched by sources other than the
United States Government, to the maximum extent practicable:
Provided further, That the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, shall ensure third-party
monitoring of such funds: Provided further, That at least 15
days prior to the initial obligation of such funds, the
Secretary of State, following consultation with the
Administrator of the United States Agency for International
Development, shall certify and report to the appropriate
congressional committees that mechanisms for monitoring and
oversight of such funds are in place and functioning and that
the Government of Ukraine has in place substantial safeguards
to prevent corruption and ensure accountability of such funds:
Provided further, That not less than 45 days after the initial
obligation of such funds, the Inspectors General of the
Department of State and the United States Agency for
International Development shall submit a report to the
appropriate congressional committees detailing and assessing
the mechanisms for monitoring and safeguards described in the
previous proviso.
(b) Funds made available to the Government of Ukraine as a
cash transfer under subsection (a) shall be subject to a
memorandum of understanding between the governments of the
United States and Ukraine that describes how the funds proposed
to be made available will be used and the appropriate
safeguards to ensure transparency and accountability: Provided,
That such assistance shall be maintained in a separate,
auditable account and may not be commingled with any other
funds.
(c) The Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate,
shall report to the appropriate congressional committees on the
uses of funds provided for direct financial support to the
Government of Ukraine pursuant to subsection (a) not later than
45 days after the date of enactment of this Act and every 45
days thereafter until all such funds have been expended:
Provided, That such reports shall include a detailed
description of the use of such funds, including categories and
amounts, the intended results and the results achieved, a
summary of other donor contributions, and a description of the
efforts undertaken by the Secretary and Administrator to
increase other donor contributions for direct financial
support: Provided further, That such reports shall also include
the metrics established to measure such results.
Sec. 1706. Funds appropriated by this title under the
headings ``Diplomatic Programs'', ``Operating Expenses'',
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That notifications submitted pursuant to this section
shall include for each program notified--(1) total funding made
available for such program, by account and fiscal year; (2)
funding that remains unobligated for such program; (3) funding
that is obligated but unexpended for such program; and (4)
funding committed, but not yet notified for such program.
Sec. 1707. Funds appropriated by this title for the
Inspectors General of the Department of State and United States
Agency for International Development are in addition to funds
otherwise provided for such Inspectors General for fiscal year
2023 and are made available to provide oversight of funds
appropriated by this title and funds appropriated in title VI
of division N of Public Law 117-103, title V of Public Law 117-
128, and title III of division B of Public Law 117-180:
Provided, That the Inspectors General shall coordinate with the
Inspectors General of the Department of Defense and Inspectors
General of other relevant Federal agencies in conducting such
oversight: Provided further, That not later than 90 days after
the date of enactment of this Act, the Inspectors General shall
provide a report on oversight plans and initial findings to the
appropriate congressional committees.
Sec. 1708. (a) The Attorney General may transfer to the
Secretary of State the proceeds of any covered forfeited
property for use by the Secretary of State to provide
assistance to Ukraine to remediate the harms of Russian
aggression towards Ukraine. Any such transfer shall be
considered foreign assistance under the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.), including for purposes of
making available the administrative authorities and
implementing the reporting requirements contained in that Act.
(b) Not later than 15 days after any transfers made pursuant
to subsection (a), the Attorney General, in consultation with
the Secretary of the Treasury and the Secretary of State, shall
submit a report describing such transfers to the appropriate
congressional committees.
(c) In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Banking, Housing, and
Urban Affairs of the Senate;
(D) the Committee on Appropriations of the
Senate;
(E) the Committee on the Judiciary of the
House of Representatives;
(F) the Committee on Foreign Affairs of the
House of Representatives;
(G) the Committee on Financial Services of
the House of Representatives; and
(H) the Committee on Appropriations of the
House of Representatives.
(2) The term ``covered forfeited property'' means
property forfeited under chapter 46 or section 1963 of
title 18, United States Code, which property belonged
to, was possessed by, or was controlled by a person
subject to sanctions and designated by the Secretary of
the Treasury or the Secretary of State, or which
property was involved in an act in violation of
sanctions enacted pursuant to Executive Order 14024,
and as expanded by Executive Order 14066 of March 8,
2022, and relied on for additional steps taken in
Executive Order 14039 of August 20, 2021, and Executive
Order 14068 of March 11, 2022.
(d) The authority under this section shall apply to any
covered forfeited property forfeited on or before May 1, 2025.
TITLE VIII
GENERAL PROVISIONS--THIS ACT
Sec. 1801. Funds appropriated by this Act for intelligence
or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
Sec. 1802. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 1803. 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. 1804. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2023.
Sec. 1805. Each amount provided by this division 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.
This division may be cited as the ``Additional Ukraine
Supplemental Appropriations Act, 2023''.
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2023
(H.R. 2617; P.L. 117-328)
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
=======================================================================
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$3,741,715,000, to remain available until expended, for
necessary expenses related to losses of revenue, quality or
production losses of crops (including milk, on-farm stored
commodities, crops prevented from planting in 2022, and
harvested adulterated wine grapes), trees, bushes, and vines,
as a consequence of droughts, wildfires, hurricanes, floods,
derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive
moisture occurring in calendar year 2022 under such terms and
conditions as determined by the Secretary: Provided, That of
the amounts provided under this heading in this Act, the
Secretary shall use up to $494,500,000 to provide assistance to
producers of livestock, as determined by the Secretary of
Agriculture, for losses incurred during calendar year 2022 due
to drought or wildfires: Provided further, That the amount
provided under this heading in this Act shall be subject to the
terms and conditions set forth in the first, second, and fourth
through twelfth provisos under this heading in title I of the
Disaster Relief Supplemental Appropriations Act, 2022 (division
B of Public Law 117-43), except that each reference to 2020 or
2021 in such provisos in such Act shall be deemed to be a
reference instead to 2022.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$58,000,000, to remain available until expended.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $27,000,000, to remain available until expended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' for necessary expenses for the Emergency Watershed
Protection Program, $925,000,000, to remain available until
expended.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
For an additional amount for ``Rural Housing Assistance
Grants'', $60,000,000, to remain available until expended, for
necessary expenses related to homes damaged by Presidentially
declared disasters in calendar year 2022: Provided, That 42
U.S.C. 1471(b)(3) shall not apply: Provided further, That the
income limit shall be capped at 80 percent of the area median
income: Provided further, That, notwithstanding section
1490m(c)(2) of such title, a grant made under 42 U.S.C. 1490m
of such title using funds made available under this heading in
this Act, may not exceed $50,000.
rural community facilities program account
For an additional amount for ``Rural Community Facilities
Program Account'', $75,300,000, to remain available until
expended: Provided, That of the amounts provided under this
heading in this Act, $50,000,000 shall be for necessary
expenses for grants to repair essential community facilities
damaged by Presidentially declared disasters in calendar year
2022: Provided further, That the percentage of the cost of the
facility that may be covered by a grant pursuant to the
preceding proviso shall be 75 percent.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for ``Rural Water and Waste Disposal
Program Account'', $325,000,000, to remain available until
expended: Provided, That of the amounts provided under this
heading in this Act, $265,000,000 shall be for necessary
expenses related to water systems damaged by Presidentially
declared disasters in calendar year 2022: Provided further,
That, notwithstanding section 343(a)(13)(B) of the Consolidated
Farm and Rural Development Act, a grant using funds made
available pursuant to the preceding proviso may not be awarded
to a community with a population of more than 35,000 people:
Provided further, That not to exceed $8,000,000 of the amount
made available pursuant to the first proviso shall be for
technical assistance grants for rural water and waste systems
pursuant to section 306(a)(22) of the Consolidated Farm and
Rural Development Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 2101. In addition to other funds available for such
purposes, not more than three percent of the amounts provided
in each account under the ``Rural Development Programs''
heading in this title shall be paid to the appropriation for
``Rural Development, Salaries and Expenses'' for administrative
costs to carry out the emergency rural development programs in
this title.
Sec. 2102. For necessary expenses for salary and related
costs associated with Agriculture Quarantine and Inspection
Services activities pursuant to 21 U.S.C. 136a(6), and in
addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, $125,000,000, to remain available until
September 30, 2024, to offset the loss of quarantine and
inspection fees collected pursuant to sections 2508 and 2509 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a): Provided, That amounts made available in
this section shall be treated as funds collected by fees
authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136, 136a) for purposes of section 421(f) of the Homeland
Security Act of 2002 (6 U.S.C. 231(f)).
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary
expenses related to flood mitigation, disaster relief, long-
term recovery, and restoration of infrastructure in areas that
received a major disaster designation as a result of Hurricanes
Ian and Fiona, and of wildfires, flooding, and other natural
disasters occurring in calendar years 2021 and 2022 under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $500,000,000, to remain available
until expended: Provided, That within the amount appropriated
under this heading in this Act, up to 3 percent of funds may be
transferred to the ``Salaries and Expenses'' account for
administration and oversight activities: Provided further, That
the Secretary of Commerce is authorized to appoint and fix the
compensation of such temporary personnel as may be necessary to
implement the requirements under this heading in this Act,
without regard to the provisions of title 5, United States
Code, governing appointments in competitive service: Provided
further, That within the amount appropriated under this heading
in this Act, $2,000,000 shall be transferred to the ``Office of
Inspector General'' account for carrying out investigations and
audits related to the funding provided under this heading in
this Act.
For an additional amount for ``Economic Development
Assistance Programs'' for grants authorized by sections 28 and
29 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722a and 3722b), $618,000,000, to remain available
until expended, of which $459,000,000 shall be for grants under
section 28 and $159,000,000 shall be for grants under section
29 in amounts determined by the Secretary.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical
Research and Services'' to investigate the impacts of
hurricanes, typhoons, and wildfires in calendar year 2022 to
support the development of resilience standards with regard to
weather and climate disasters, in addition to the underlying
research to support those standards, and for necessary expenses
to carry out investigations of building failures pursuant to
the National Construction Safety Team Act of 2002 (15 U.S.C.
7301), $40,000,000, to remain available until expended.
industrial technology services
For an additional amount for ``Industrial Technology
Services'', $27,000,000, to remain available until expended, to
implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167), of which
$13,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $14,000,000 shall be for the
Manufacturing USA Program.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences
of hurricanes, typhoons, flooding, and wildfires in calendar
year 2022, $29,000,000, to remain available until September 30,
2024, for repair and replacement of observing assets, real
property, and equipment; for marine debris assessment and
removal; and for mapping, charting, and geodesy services.
For an additional amount for ``Operations, Research, and
Facilities'', $62,000,000, to remain available until September
30, 2024, of which $20,000,000, to remain available until
expended, shall be to carry out activities described in title
II of division JJ of the Consolidated Appropriations Act, 2023
to support the adoption of innovative fishing gear deployment
and fishing techniques to reduce entanglement risk to North
Atlantic right whales, including through cooperative agreements
pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for the acquisition of hurricane hunter aircraft
and related expenses as authorized under section 413(a) of the
Weather Research and Forecasting Innovation Act of 2017 (Public
Law 115-25), $327,701,000, to remain available until expended.
For an additional amount for ``Procurement, Acquisition and
Construction'', $108,838,000, to remain available until
September 30, 2025.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster
Assistance'' for necessary expenses associated with the
mitigation of fishery disasters, $300,000,000, to remain
available until expended: Provided, That such funds shall be
used for mitigating the effects of commercial fishery failures
and fishery resource disasters declared by the Secretary of
Commerce.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$182,000,000, to remain available until expended.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair and replacement of
National Aeronautics and Space Administration facilities
damaged by Hurricanes Ian and Nicole or scheduled for derating
due to deterioration, $189,400,000, to remain available until
expended.
For an additional amount for ``Construction and Environmental
Compliance and Restoration'', $367,000,000, to remain available
until September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'' for necessary expenses related to damage to
research facilities and scientific equipment in calendar year
2022, including related to the consequences of wildfires,
$2,500,000, to remain available until September 30, 2024.
For an additional amount for ``Research and Related
Activities'', $818,162,000, to remain available until September
30, 2024, of which $210,000,000 shall be to implement the
Research and Development, Competition, and Innovation Act
(division B of Public Law 117-167).
stem education
For an additional amount for ``STEM Education'',
$217,000,000, to remain available until September 30, 2024, of
which $125,000,000 shall be to implement the Research and
Development, Competition, and Innovation Act (division B of
Public Law 117-167).
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to
the consequences of hurricanes, flooding, wildfires, and other
extreme weather that occurred during calendar year 2022,
$20,000,000, to remain available until September 30, 2023:
Provided, That 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, and
except that sections 501 and 503 of Public Law 104-134
(referenced by Public Law 105-119) shall not apply to the
amount made available under this heading in this Act: Provided
further, That, for the purposes of this Act, the Legal Services
Corporation shall be considered an agency of the United States.
GENERAL PROVISION--THIS TITLE
Sec. 2201. Unobligated balances from amounts made available
in paragraph (1) under the heading ``Procurement, Acquisition
and Construction'' in the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43) may
be used for necessary expenses related to the consequences of
hurricanes and of wildfires in calendar year 2022: Provided,
That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b)
of S. Con. Res. 14 (117th Congress), the concurrent resolution
on the budget for fiscal year 2022, are designated by the
Congress as an emergency requirement pursuant to section
4001(a)(1) of such concurrent resolution and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $82,875,000, to remain available until September 30,
2023, for necessary expenses related to the consequences of
Hurricanes Ian and Fiona.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $6,786,000, to remain available until September
30, 2023, for necessary expenses related to the consequences of
Hurricanes Ian and Fiona.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $16,572,000, to remain available until
September 30, 2023, for necessary expenses related to the
consequences of Hurricanes Ian and Fiona.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and
completion, of flood and storm damage reduction, including
shore protection, studies that are currently authorized or that
are authorized after the date of enactment of this Act, to
reduce risks from future floods and hurricanes, at full Federal
expense, $5,000,000, to remain available until expended:
Provided, That funds made available under this heading in this
Act shall be for high-priority studies of projects in States
and insular areas that were impacted by Hurricanes Ian, Fiona,
and Nicole: Provided further, That within 60 days of enactment
of this Act, the Chief of Engineers shall submit directly to
the House and Senate Committees on Appropriations a detailed
work plan for the funds provided under this heading in this
Act, including a list of study locations, new studies selected
to be initiated, the total cost for all studies, the remaining
cost for all ongoing studies, and a schedule by fiscal year of
proposed use of such funds: 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: Provided further, That beginning not later
than 60 days after the enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide a quarterly
report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation and obligation of the funds provided under this
heading in this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of Engineers
projects, construct Corps of Engineers projects, and
rehabilitate and repair damages caused by natural disasters to
Corps of Engineers projects, $261,300,000, to remain available
until expended: Provided, That funds made available in this
paragraph in this Act are available to construct flood and
storm damage reduction, including shore protection, projects
which are currently authorized or which are authorized after
the date of enactment of this Act, and flood and storm damage
reduction, including shore protection, projects which have
signed Chief's Reports as of the date of enactment of this Act
or which are studied using funds provided under the heading
``Investigations'' of this Act if the Secretary determines such
projects to be technically feasible, economically justified,
and environmentally acceptable, in States and insular areas
that were impacted by Hurricanes Ian, Fiona, and Nicole:
Provided further, That to the extent that ongoing construction
projects are constructed using funding pursuant to the first
proviso in this paragraph in this Act, such construction shall
be at full Federal expense: Provided further, That the
Secretary may initiate additional new construction starts with
funds provided pursuant to the first proviso in this paragraph
in this Act: Provided further, That using funds provided in
this paragraph in this Act, the non-Federal cash contribution
for projects eligible for funding pursuant to the first proviso
in this paragraph in this Act shall be financed in accordance
with the provisions of section 103(k) of Public Law 99-662 over
a period of 30 years from the date of completion of the project
or separable element: Provided further, That funds made
available in this paragraph in this Act may be for ongoing
projects that have previously received funds under this heading
in the Disaster Relief Appropriations Act of 2013 (Public Law
113-2) and for which non-Federal interests have entered into
binding agreements with the Secretary at the time of enactment
of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the
terms and conditions of Disaster Relief Appropriations Act of
2013 (Public Law 113-2): Provided further, That funds made
available in this paragraph in this Act may be for projects
that have previously received funds under this heading in the
Bipartisan Budget Act of 2018 (Public Law 115-123) and for
which non-Federal interests have entered into binding
agreements with the Secretary at the time of enactment of this
Act: Provided further, That projects receiving funds pursuant
to the preceding proviso, shall be subject to the terms and
conditions of Bipartisan Budget Act of 2018 (Public Law 115-
123): Provided further, That funds made available in this
paragraph in this Act may be used for projects that have
previously received funds under this heading in the Disaster
Relief Supplemental Appropriations Act of 2022 (Public Law 117-
43) and for which non-Federal interests have entered into
binding agreements with the Secretary at the time of enactment
of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the
terms and conditions of Disaster Relief Supplemental
Appropriations Act of 2022 (Public Law 117-43): Provided
further, That construction of ongoing projects that have
previously received funds under this heading from the Disaster
Relief Supplemental Appropriations Act of 2022 (Public Law 117-
43) to complete certain features, useful increments of work, or
components of the project shall be at full Federal expense with
respect to funds provided to the project under this heading in
such Act or in this paragraph in this Act: Provided further,
That of the sums appropriated in this paragraph in this Act,
any sums as are necessary to cover the Federal share of
eligible construction costs for coastal harbors and channels,
and for inland harbors eligible to be derived from the Harbor
Maintenance Trust Fund under section 101 or section 104 of the
Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That
for projects receiving funding in this paragraph in this Act,
the limitation concerning total project costs in section 902 of
the Water Resources Development Act of 1986 (Public Law 99-
662), as amended, shall not apply to funds provided in this
paragraph in this Act: Provided further, That any projects
using funds appropriated in this paragraph in this Act shall be
initiated only after non-Federal interests have entered into
binding agreements with the Secretary requiring, where
applicable, the non-Federal interests to pay 100 percent of the
operation, maintenance, repair, replacement, and rehabilitation
costs of the project and to hold and save the United States
free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault
or negligence of the United States or its contractors: Provided
further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act, including a
list of project locations, new construction projects selected
to be initiated, the total cost for all projects, and a
schedule by fiscal year of proposed use of such funds: 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: Provided further,
That beginning not later than 60 days after the enactment of
this Act, the Assistant Secretary of the Army for Civil Works
shall provide a quarterly report directly to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of the funds provided
in this paragraph in this Act: Provided further, That amounts
repurposed pursuant to this paragraph that were previously
designated by the Congress as an emergency requirement pursuant
to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, are designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) of such
concurrent resolution and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June
8, 2022.
For an additional amount for ``Construction'', $297,200,000,
to remain available until expended: Provided, That of the funds
made available in this paragraph in this Act, $45,000,000 shall
be for flood and storm damage reduction: Provided further, That
of the funds made available in this paragraph in this Act,
$36,575,000 shall be for flood control: Provided further, That
of the funds made available in this paragraph in this Act, for
flood and storm damage reduction and flood control, $43,650,000
shall be to continue construction of projects that principally
address drainage in urban areas: Provided further, That of the
funds made available in this paragraph in this Act, $36,575,000
shall be for shore protection: Provided further, That of the
funds made available in this paragraph in this Act,
$113,550,000 shall be for major rehabilitation, construction,
and related activities for rivers and harbors navigation
projects, of which $10,000,000 shall be for authorized
reimbursements: Provided further, That of the sums appropriated
in this paragraph in this Act, any sums as are necessary to
cover the Federal share of eligible construction costs for
coastal harbors and channels, and for inland harbors eligible
to be derived from the Harbor Maintenance Trust Fund under
section 101 or section 104 of the Water Resources and
Development Act of 2020 shall be derived from the general fund
of the Treasury: Provided further, That of the funds made
available in this paragraph in this Act, $19,000,000 shall be
for other authorized project purposes, of which up to
$11,900,000 shall be for the execution of comprehensive
restoration plans developed by the Corps for major bodies of
water: Provided further, That of the funds made available in
this paragraph in this Act, $28,500,000 shall be for
environmental restoration or compliance: Provided further, That
of the funds made available in this paragraph in this Act,
$18,000,000 shall be for water-related environmental
infrastructure assistance to make environmentally sound repairs
and upgrades to water infrastructure: Provided further, That
within 60 days of enactment of this Act, the Chief of Engineers
shall submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in
this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by
fiscal year of proposed use of such funds: 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.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for necessary expenses to address emergency
situations at Corps of Engineers projects in response to, and
rehabilitate and repair damages caused by natural disasters to
Corps of Engineers projects, $15,500,000, to remain available
until expended: Provided, That of the amount provided under
this heading in this Act, such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs
for coastal harbors and channels, and for inland harbors shall
be derived from the general fund of the Treasury: Provided
further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided under this heading in this Act: Provided
further, That beginning not later than 60 days after the
enactment of this Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of the
funds provided under this heading in this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
for necessary expenses to dredge Federal navigation projects in
response to, and repair damages to Corps of Engineers Federal
projects caused by natural disasters, $324,000,000, to remain
available until expended: Provided, That of the amount provided
in this paragraph in this Act, such sums as are necessary to
cover the Federal share of eligible operation and maintenance
costs for coastal harbors and channels, and for inland harbors
shall be derived from the general fund of the Treasury:
Provided further, That within 60 days of enactment of this Act,
the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act: Provided
further, That beginning not later than 60 days after the
enactment of this Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of the
funds provided in this paragraph in this Act.
For an additional amount for ``Operation and Maintenance'',
$52,800,000, to remain available until expended: Provided, That
of the amount provided in this paragraph in this Act,
$36,000,000 shall be for necessary expenses at inland waterways
projects: Provided further, That of the amount provided in this
paragraph in this Act, $16,800,000 shall be for other
authorized project purposes: Provided further, That within 60
days of enactment of this Act, the Chief of Engineers shall
submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in
this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by
fiscal year of proposed use of such funds: 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.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses 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, $519,200,000, to
remain available until expended: Provided, That funding
provided under this heading in this Act and utilized for
authorized shore protection projects shall restore such
projects to the full project profile at full Federal expense:
Provided further, That beginning not later than 60 days after
the enactment of this Act, the Chief of Engineers shall provide
a quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these fund provided under this
heading in this Act.
expenses
For an additional amount for ``Expenses'' for necessary
expenses to administer and oversee the obligation and
expenditure of amounts provided in this Act for the Corps of
Engineers, $5,000,000, to remain available until expended:
Provided, That beginning not later than 60 days after the
enactment of this Act, the Chief of Engineers shall provide a
quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these fund provided under this
heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity
For an additional amount for ``Electricity'', $1,000,000,000,
to remain available until expended, to carry out activities to
improve the resilience of the Puerto Rican electric grid,
including grants for low and moderate income households and
households that include individuals with disabilities for the
purchase and installation of renewable energy, energy storage,
and other grid technologies: Provided, That the Department of
Energy shall coordinate with the Federal Emergency Management
Agency and the Department of Housing and Urban Development on
these activities.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$520,000,000, to remain available until expended, for the
purchase of power and transmission services: Provided, That the
amount made available under this heading in this Act shall be
derived from the general fund of the Treasury and shall be
reimbursable from amounts 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: Provided further, That of the amount
made available under this heading in this Act, up to
$100,000,000 may be transferred to Western Area Power
Administration's Colorado River Basins Power Marketing Fund
account to be used for the same purposes as outlined under this
heading.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal
Buildings Fund'', $36,788,390, to remain available until
expended, for necessary expenses related to the consequences of
Hurricane Ian, for repair and alteration of buildings under the
jurisdiction, custody and control of the Administrator of
General Services, and real property management and related
activities not otherwise provided for: Provided, That the
amount provided under this heading in this Act may be used to
reimburse the Fund for obligations incurred for this purpose
prior to the date of the enactment of this Act.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, $858,000,000, to remain
available until expended, of which $8,000,000 shall be
transferred to and merged with ``Office of Inspector General''
for audits and reviews of disaster loans and the disaster loans
programs; and of which $850,000,000 may be transferred to and
merged with ``Salaries and Expenses'' for administrative
expenses to carry out the disaster loan program or any disaster
loan authorized by section 7(b) of the Small Business Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$39,250,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes
Fiona and Ian.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $115,500,000, to remain available until
September 30, 2027, for necessary expenses related to the
consequences of Hurricanes Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$5,000,000,000, to remain available until expended, for major
disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
of which $13,000,000 shall be transferred to ``Office of the
Inspector General--Operations and Support'' for audits and
investigations of activities funded under this heading.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon Fire
Assistance Account'', $1,450,000,000, to remain available until
expended, to carry out the Hermit's Peak/Calf Canyon Fire
Assistance Act, of which $1,000,000 shall be transferred to
``Office of the Inspector General--Operations and Support'' for
oversight of activities authorized by the Hermit's Peak/Calf
Canyon Fire Assistance Act: Provided, That the amounts provided
under this heading in this Act shall be subject to the
reporting requirement in the third proviso of section 136 of
the Continuing Appropriations Act, 2023 (division A of Public
Law 117-180).
GENERAL PROVISIONS--THIS TITLE
Sec. 2601. Notwithstanding sections 104(c) and (d) of the
Hermit's Peak/Calf Canyon Fire Assistance Act (division G of
Public Law 117-180), the Federal Emergency Management Agency
may compensate for the replacement of water treatment
facilities, to the extent necessitated by the Hermit's Peak/
Calf Canyon Fire, in lieu of compensating for temporary injury,
in an amount not to exceed $140,000,000 from funds made
available under the heading ``Hermit's Peak/Calf Canyon Fire
Assistance Account'' in this Act or in section 136 of the
Continuing Appropriations Act, 2023 (division A of Public Law
117-180).
Sec. 2602. For necessary expenses related to providing
customs and immigration inspection and pre-inspection services
at, or in support of ports of entry, pursuant to section 1356
of title 8, United States Code, and section 58c(f) of title 19,
United States Code, and in addition to any other funds made
available for this purpose, there is appropriated, out of any
money in the Treasury not otherwise appropriated, $309,000,000,
to offset the loss of Immigration User Fee receipts collected
pursuant to section 286(h) of the Immigration and Nationality
Act (8 U.S.C. 1356(h)), and fees for certain customs services
collected pursuant to paragraphs (1) through (8) and paragraph
(10) of subsection (a) of section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-
(8) and (a)(10)).
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $247,000,000,
to remain available until expended, for necessary expenses
related to the consequences of wildfires, hurricanes, and other
natural disasters occurring in and prior to calendar year 2023,
including winter storm damages at Midway Atoll National
Wildlife Refuge.
National Park Service
construction
For an additional amount for ``Construction'',
$1,500,000,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and prior
to calendar year 2023.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $41,040,000, to remain available until expended,
for necessary expenses related to the consequences of
wildfires, hurricanes, and other natural disasters occurring in
and prior to calendar year 2023.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $44,500,000, to remain available until expended,
for necessary expenses related to the consequences of
wildfires, hurricanes, and other natural disasters occurring in
and prior to calendar year 2023.
construction
For an additional amount for ``Construction'', $2,500,000, to
remain available until expended, for necessary expenses related
to the consequences of wildfires, hurricanes, and other natural
disasters occurring in and prior to calendar year 2023.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$90,465,000, to remain available until expended, for necessary
expenses related to the consequences of flooding at the
To'Hajiilee Community School.
Departmental Offices
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$75,000,000, to remain available until expended, for wildland
fire suppression activities.
For an additional amount for ``Wildland Fire Management'',
$429,000,000, to remain available until expended: Provided,
That of the funds provided under this paragraph in this Act,
$383,657,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in
this Act, $45,343,000 shall be available for fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage
Tank Trust Fund Program'', $1,000,000, to remain available
until expended, for necessary expenses related to the
consequences of Hurricanes Fiona and Ian.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $1,067,210,000, to remain available until expended,
of which $665,210,000 shall be for capitalization grants for
the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act, and of which $402,000,000
shall be for capitalization grants under section 1452 of the
Safe Drinking Water Act: Provided, That notwithstanding section
604(a) of the Federal Water Pollution Control Act and section
1452(a)(1)(D) of the Safe Drinking Water Act, funds
appropriated under this paragraph in this Act shall be provided
to States or Territories in EPA Regions 2 and 4 in amounts
determined by the Administrator for wastewater treatment works
and drinking water facilities impacted by Hurricanes Fiona and
Ian: Provided further, That States or Territories shall
prioritize funds, as appropriate, to Tribes and disadvantaged
communities: Provided further, That notwithstanding the
requirements of section 603(i) of the Federal Water Pollution
Control Act and section 1452(d) of the Safe Drinking Water Act,
for the funds appropriated under this paragraph in this Act,
each State shall use 100 percent of the amount of its
capitalization grants to provide additional subsidization to
eligible recipients in the form of forgiveness of principal,
negative interest loans or grants, or any combination of these:
Provided further, That the funds appropriated under this
paragraph in this Act shall be used for eligible projects whose
purpose is to reduce flood or fire damage risk and
vulnerability or to enhance resiliency to rapid hydrologic
change or natural disaster at treatment works, as defined by
section 212 of the Federal Water Pollution Control Act, or any
eligible facilities under section 1452 of the Safe Drinking
Water Act, and for other eligible tasks at such treatment works
or facilities necessary to further such purposes: Provided
further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share
requirements of section 1452(e) of the Safe Drinking Water Act:
Provided further, That funds provided under this paragraph in
this Act shall not be subject to the matching or cost share
requirements of sections 602(b)(2), 602(b)(3), or 202 of the
Federal Water Pollution Control Act: Provided further, That the
Administrator of the Environmental Protection Agency may retain
up to $1,000,000 of the funds appropriated under this paragraph
in this Act for management and oversight.
For an additional amount for ``State and Tribal Assistance
Grants'', $150,000,000, to remain available until expended, for
technical assistance and grants under section 1442(b) of the
Safe Drinking Water Act (42 U.S.C. 300j-1(b)) in areas where
the President declared an emergency in August of fiscal year
2022 pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided,
That the Administrator of the Environmental Protection Agency
may retain up to three percent of the amounts made available
under this paragraph in this Act for salaries, expenses, and
administration: Provided further, That the agency shall submit
an annual report to the Committees on Appropriations until all
funds have been obligated, with a status on the use of funds
for this effort.
For an additional amount for ``State and Tribal Assistance
Grants'', $450,000,000, to remain available until expended, for
capitalization grants under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12): Provided, That notwithstanding
section 1452(a)(1)(D) of the Safe Drinking Water Act, funds
appropriated under this paragraph in this Act shall be provided
to States or Territories in EPA Region 4 in amounts determined
by the Administrator in areas where there the President
declared an emergency in August of fiscal year 2022 pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided further, That
notwithstanding the requirements of section 1452(d) of the Safe
Drinking Water Act, for the funds appropriated under this
paragraph in this Act, each State shall use 100 percent of the
amount of its capitalization grants to provide additional
subsidization to eligible recipients in the form of forgiveness
of principal, grants, negative interest loans, other loan
forgiveness, and through buying, refinancing, or restructuring
debt or any combination thereof: Provided further, That the
funds provided under this paragraph in this Act shall not be
subject to the matching or cost share requirements of section
1452(e) of the Safe Drinking Water Act: Provided further, That
the Administrator of the Environmental Protection Agency may
retain up to $1,000,000 of the funds appropriated under this
paragraph in this Act for management and oversight.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland
Research'', $2,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year
2020, 2021, and 2022 wildfires, hurricanes, and other natural
disasters.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$148,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020,
2021, and 2022 wildfires, hurricanes, and other natural
disasters: Provided, That of the amounts made available under
this heading in this Act, up to $20,000,000 is for grants to
states to support economic recovery activities in communities
damaged by wildfire: Provided further, That of the amounts made
available under this heading in this Act, no less than
$100,000,000 is for cooperative lands forest management
activities.
national forest system
For an additional amount for ``National Forest System'',
$210,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020,
2021, and 2022 wildfires, hurricanes, and other natural
disasters, including for high priority post-wildfire
restoration for watershed protection, public access and
critical habitat, hazardous fuels mitigation for community
protection, and burned area recovery.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $150,000,000, to remain available until
expended, for necessary expenses related to the consequences of
calendar year 2020, 2021, and 2022 wildfires, hurricanes, and
other natural disasters.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$375,000,000, to remain available until expended, for wildland
fire suppression activities.
For an additional amount for ``Wildland Fire Management'',
$1,171,000,000, to remain available until expended: Provided,
That of the funds provided under this paragraph in this Act,
$1,011,000,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in
this Act, $160,000,000 shall be available for forest fire
presuppression.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and
Program Support'', $86,000,000, to remain available until
September 30, 2024, for necessary expenses directly related to
the consequences of Hurricanes Fiona and Ian: Provided, That
funds appropriated under this heading in this Act may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of
Environmental Health Sciences'', $2,500,000, to remain
available until expended, for necessary expenses in carrying
out activities set forth in section 311(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 related to the
consequences of major disasters declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in 2022.
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$25,000,000, to remain available until September 30, 2024, for
necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian: Provided, That funds appropriated
under this heading in this Act may be made available to restore
amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of
enactment of this Act: Provided further, That funds
appropriated under this heading in this Act may be transferred
to the accounts of Institutes and Centers of the National
Institutes of Health (NIH): Provided further, That this
transfer authority is in addition to any other transfer
authority available to the NIH.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'', $1,000,000,000, to remain available until
September 30, 2023, for making payments under subsection (b) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.): Provided, That of the funds made
available under this heading in this Act, $500,000,000 shall be
allocated as though the total appropriation for such payments
for fiscal year 2023 was less than $1,975,000,000.
For an additional amount for ``Low Income Home Energy
Assistance'', $2,500,000,000, to remain available until
September 30, 2023, for making payments under subsection (b) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.).
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $100,000,000, to
remain available through September 30, 2024, for necessary
expenses directly related to the consequences of Hurricanes
Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act: Provided, That the
Secretary shall allocate such funds to States, Territories, and
tribes based on assessed need notwithstanding sections 658J and
658O of the Child Care and Development Block Grant Act of 1990:
Provided further, That not to exceed 2 percent of funds
appropriated under this heading in this Act may be reserved, to
remain available until expended, for Federal administration
costs: Provided further, That such funds may be used for
alteration, renovation, construction, equipment, and other
capital improvement costs, including for child care facilities
without regard to section 658F(b) of such Act, and for other
expenditures related to child care, as necessary to meet the
needs of areas affected by Hurricanes Fiona and Ian: Provided
further, That funds made available under this heading in this
Act may be used without regard to section 658G of such Act and
with amounts allocated for such purposes excluded from the
calculation of percentages under subsection 658E(c)(3) of such
Act: Provided further, That notwithstanding section 658J(c) of
such Act, funds allotted to a State may be obligated by the
State in that fiscal year or the succeeding three fiscal years:
Provided further, That Federal interest provisions will not
apply to the renovation or construction of privately-owned
family child care homes, and the Secretary shall develop
parameters on the use of funds for family child care homes:
Provided further, That the Secretary shall not retain Federal
interest after a period of 10 years (from the date on which the
funds are made available to purchase or improve the property)
in any facility renovated or constructed with funds made
available under this heading in this Act: Provided further,
That funds made available under this heading in this Act shall
not be available for costs that are reimbursed by the Federal
Emergency Management Agency, under a contract for insurance, or
by self-insurance: Provided further, That funds appropriated
under this heading in this Act may be made available to restore
amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of
enactment of this Act.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $408,000,000, to remain available until September
30, 2027, for necessary expenses directly related to the
consequences of Hurricanes Fiona and Ian, including activities
authorized under section 319(a) of the Public Health Service
Act: Provided, That $345,000,000 of the amount provided under
this heading in this Act shall be for Head Start programs,
including making payments under the Head Start Act: Provided
further, That none of funds made available in the preceding
proviso shall be included in the calculation of the ``base
grant'' in subsequent fiscal years, as such term is defined in
sections 640(a)(7)(A) of the Head Start Act: Provided further,
That funds made available in first proviso are not subject to
the allocation requirements of section 640(a) of the Head Start
Act or the matching requirements of section 640(b) of such Act:
Provided further, That $10,000,000 of the amount provided under
this heading in this Act shall be for payments to States,
Territories, and tribes for activities authorized under subpart
1 of part B of title IV of the Social Security Act, with such
funds allocated based on assessed need notwithstanding section
423 of such Act and paid without regard to percentage
limitations in subsections (a), (c), or (e) in section 424 of
such Act: Provided further, That $10,000,000 of the amount
provided under this heading in this Act shall be for payments
to States, Territories, tribes, and coalitions for carrying out
sections 303(a) and 303(b) of the Family Violence Prevention
and Services Act, notwithstanding the matching requirements in
section 306(c)(4) of such Act and allocated based on assessed
need, notwithstanding section 303(a)(2) of such Act: Provided
further, That the Secretary may make funds made available under
the preceding proviso available for providing temporary housing
and assistance to victims of family, domestic, and dating
violence: Provided further, That funds made available by the
fifth proviso shall be available for expenditure, by a State,
Territory, tribe, coalition, or any recipient of funds from a
grant, through the end of fiscal year 2027: Provided further,
That $25,000,000 of the amount made available under this
heading in this Act shall be for payments to States,
territories, and tribes authorized under the Community Services
Block Grant Act, with such funds allocated based on assessed
need, notwithstanding sections 674(b), 675A, and 675B of such
Act: Provided further, That notwithstanding section 676(b)(8)
of the Community Services Block Grant Act, each State,
Territory, or tribe receiving funds made available under the
preceding proviso may allocate funds to eligible entities based
on assessed need: Provided further, That for services furnished
under the CSBG Act with funds appropriated under this heading
in this Act, a State, territory or tribe that receives a
supplemental grant award may apply the last sentence of section
673(2) of the CSBG Act by substituting ``200 percent'' for
``125 percent'': Provided further, That funds made available
under this heading in this Act may be used for alteration,
renovation, construction, equipment, and other capital
improvement costs as necessary to meet the needs of areas
affected by Hurricanes Fiona and Ian: Provided further, That
the Secretary shall not retain Federal interest after a period
of 10 years (from the date on which the funds are made
available to purchase or improve the property) in any facility
renovated, repaired, or rebuilt with funds appropriated under
this heading in this Act, with the exception of funds
appropriated for Head Start programs: Provided further, That
funds made available under this heading in this Act shall not
be available for costs that are reimbursed by the Federal
Emergency Management Agency, under a contract for insurance, or
by self-insurance: Provided further, That up to $18,000,000, to
remain available until expended, shall be available for Federal
administrative expenses: Provided further, That funds
appropriated under this heading in this Act may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $128,792,000, to remain available
until September 30, 2024, for necessary expenses directly
related to the consequences of Hurricanes Fiona and Ian,
including activities authorized under section 319(a) of the
Public Health Service Act (referred to under this heading as
the ``PHS Act''): Provided, That funds made available under
this heading in this Act may be used for alteration,
renovation, construction, equipment, and other capital
improvement costs as necessary to meet the needs of areas
affected by Hurricanes Fiona and Ian: Provided further, That
funds made available under this heading in this Act may be used
for the purchase or hire of vehicles: Provided further, That of
the amount made available under this heading in this Act,
$65,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'' for expenses
directly related to a disaster or emergency for disaster
response and recovery, for the Health Centers Program under
section 330 of the PHS Act, including alteration, renovation,
construction, equipment, and other capital improvement costs as
necessary to meet the needs of areas affected by a disaster or
emergency: Provided further, That the time limitation in
section 330(e)(3) of the PHS Act shall not apply to funds made
available under the preceding proviso: Provided further, That
of the amount made available under this heading in this Act,
not less than $22,000,000 shall be transferred to ``Substance
Abuse and Mental Health Services Administration--Health
Surveillance and Program Support'' for grants, contracts, and
cooperative agreements for behavioral health treatment
(including screening and diagnosis), treatment of substance use
disorders (including screening and diagnosis), crisis
counseling, and other related helplines, and for other similar
programs to provide support to individuals impacted by a
disaster or emergency: Provided further, That of the amount
made available under this heading in this Act, not less than
$15,000,000 shall be transferred to ``Administration for
Community Living--Aging and Disability Services Programs'' for
necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian: Provided further, That funds made
available under the preceding proviso are not subject to the
allotment, reservation, matching, or application and State and
area requirements of the Older Americans Act of 1965 and
Rehabilitation Act of 1973: Provided further, That of the
amount made available under this heading in this Act, not less
than $392,000 shall be transferred to ``Food and Drug
Administration--Buildings and Facilities'' for costs related to
repair of facilities, for replacement of equipment, and for
other increases in facility-related costs due to the
consequences of Hurricanes Fiona and Ian: Provided further,
That of the amount made available under this heading in this
Act, up to $2,000,000, to remain available until expended,
shall be transferred to ``Office of the Secretary--Office of
Inspector General'' for oversight of activities responding to
such disasters or emergencies.
GENERAL PROVISIONS--THIS TITLE
Sec. 2801. (a) In General.--As the Secretary of Health and
Human Services determines necessary to respond to a critical
hiring need for emergency response positions, after providing
public notice and without regard to the provisions of sections
3309 through 3319 of title 5, United States Code, the Secretary
may appoint candidates directly to the following positions,
consistent with subsection (b), to perform critical work
directly relating to the consequences of Hurricanes Fiona and
Ian:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of
the Public Health Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the
Centers for Disease Control and Prevention and the
Office of the Assistant Secretary for Preparedness and
Response.
(b) Expiration.--The authority under subsection (a) shall
expire 270 days after the date of enactment of this section.
Sec. 2802. Not later than 45 days after the date of
enactment of this Act, the agencies receiving funds
appropriated by this title shall provide a detailed operating
plan of anticipated uses of funds made available in this title
by State and Territory, and by program, project, and activity,
to the Committees on Appropriations: Provided, That no such
funds shall be obligated before the operating plans are
provided to the Committees: Provided further, That such plans
shall be updated, including obligations to date and anticipated
use of funds made available in this title, and submitted to the
Committees on Appropriations biweekly until all such funds are
expended.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $41,040,000, to remain available until
September 30, 2025, for necessary expenses related to the
consequences of Hurricanes Ian and Fiona: Provided, That, not
later than 60 days after the date of enactment of this Act, the
Secretary of the Navy, or their designee, shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate an expenditure plan for funds provided under
this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program''
as authorized under section 125 of title 23, United States
Code, $803,000,000, to remain available until expended:
Provided, That notwithstanding subsection (e) of section 120 of
title 23, United States Code, for this fiscal year and
hereafter, the Federal share for Emergency Relief funds made
available under section 125 of such title to respond to damage
caused by Hurricane Fiona, shall be 100 percent.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for ``Public Transportation
Emergency Relief Program'' as authorized under section 5324 of
title 49, United States Code, $213,905,338, to remain available
until expended, for transit systems affected by major declared
disasters occurring in calendar years 2017, 2020, 2021, and
2022: Provided, That not more than three-quarters of 1 percent
of the funds for public transportation emergency relief shall
be available for administrative expenses and ongoing program
management oversight as authorized under sections 5334 and
5338(c)(2) of such title and shall be in addition to any other
appropriations for such purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', $2,653,580,000, to remain available until
expended, for activities specified in paragraph (1) (excluding
any set-asides) of such heading in title II of division L of
this consolidated Act.
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$3,000,000,000, to remain available until expended, for the
same purposes and under the same terms and conditions as funds
appropriated under such heading in title VIII of the Disaster
Relief Supplemental Appropriations Act, 2022 (division B of
Public Law 117-43), except that such amounts shall be for major
disasters that occurred in 2022 or later until such funds are
fully allocated and the fourth, twentieth, and twenty-first
provisos under such heading in such Act shall not apply:
Provided, That amounts made available under this heading in
this Act and under such heading in such Act may be used by a
grantee to assist utilities as part of a disaster-related
eligible activity under section 105(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)): Provided
further, That of the amounts made available under this heading
in this Act, up to $10,000,000 shall be made available for
capacity building and technical assistance, including
assistance on contracting and procurement processes, to support
States, units of general local government, or Indian tribes
(and their subrecipients) that receive allocations related to
major disasters under this heading in this, prior, or future
Acts: Provided further, That of the amounts made available
under this heading in this Act, up to $5,000,000 shall be
transferred to ``Department of Housing and Urban Development--
Program Office Salaries and Expenses--Community Planning and
Development'' for necessary costs, including information
technology costs, of administering and overseeing the
obligation and expenditure of amounts made available under this
heading in this Act or any prior or future Act that makes
amounts available for purposes related to major disasters under
such heading: Provided further, That the amount specified in
the preceding proviso shall be combined with funds appropriated
under this same heading for this same purpose in any prior Acts
and the aggregate of such amounts shall be available for the
costs of administering and overseeing any funds appropriated to
the Department related to major disasters in this, prior, or
future Acts, notwithstanding the purposes for which such funds
were appropriated: Provided further, That of the amounts made
available under this heading in this Act, up to $5,000,000
shall be transferred to ``Department of Housing and Urban
Development--Office of the Inspector General'' for necessary
costs of overseeing and auditing amounts made available under
this heading in this Act or any prior or future Act that makes
amounts available for purposes related to major disasters under
such heading: Provided further, That amounts repurposed under
this heading that were previously designated by the Congress as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 or a concurrent
resolution on the budget 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.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental
Assistance'', $969,420,000, to remain available until expended.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 21101. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 21102. 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. 21103. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2023.
Sec. 21104. Each amount provided by this division 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.
This division may be cited as the ``Disaster Relief
Supplemental Appropriations Act, 2023''.
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